§ 75-6115 — Claims for damages against health care providers

(a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than:
(1) A charitable health care provider;
(2) a hospital owned by a municipality and the employees thereof;
(3) a local health department and the employees thereof;
(4) an indigent health care clinic and the employees thereof;
(5) a district coroner or deputy district coroner appointed pursuant to K.S.A. 22a-226, and amendments thereto; or
(6) a community mental health center and the employees thereof.
(b) Claims for damages against a health care provider that is a governmental entity or an employee of a governmental entity other than those health care providers enumerated in subsection (a), arising out of the rendering of or failure to render professional services by such health care provider, may be recovered in the same manner as claims for damages against any other health care provider.
(c) As used in this section:
(1) "Indigent health care clinic" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(2) "Charitable health care provider" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(3) "Health care provider" shall have the meaning ascribed to such term under K.S.A. 40-3401, and amendments thereto.
(4) "Hospital" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto, and includes within its meaning any clinic, school of nursing, long-term care facility, child-care facility and emergency medical or ambulance service operated in connection with the operation of the medical care facility.
(5) "Local health department" shall have the meaning ascribed to such term under K.S.A. 65-241, and amendments thereto.

Legislative History

L. 1979, ch. 186, § 15; L. 1982, ch. 375, § 1; L. 1989, ch. 143, § 7; L. 1990, ch. 329, § 3; L. 1993, ch. 29, § 3; L. 1993, ch. 276, § 1; L. 2016, ch. 92, § 5; July 1.