Volume 40 - Issue 52 - December 30, 2021

State of Kansas

Department of Health and Environment

Permanent Administrative Regulations

Article 1.—DISEASES

28-1-40. Definitions. (a) In addition to the terms defined in L. 2021, ch. 116, sec. 38 and amendments thereto, each of the following terms, as used in K.A.R. 28-1-40 through 28-1-43, shall have the meaning specified in this subsection:

(1) “Department” means Kansas department of health and environment.

(2) “Personal information” means contact data collected as specified in K.A.R. 28-1-42 and “personal information” collected pursuant to K.S.A. 50-7a01, and amendments thereto.

(3) “Protected health information” has the meaning specified in K.S.A. 65-6822, and amendments thereto.

(b) As used in L. 2021, ch. 116, sec. 38 and amendments thereto, “third party” shall mean any of the following, other than any of the entities specified in K.S.A. 65-118 and amendments thereto:

(1) An individual, other than a contact tracer;

(2) an organization; or

(3) a business. (Authorized by and implementing L. 2021, ch. 116, sec. 38; effective, T-28-7-30-20, July 30, 2020; effective Nov. 20, 2020; amended Jan. 14, 2022.)

28-1-41. Contact tracers. (a) Each individual acting as a contact tracer under the authority of the secretary or a local health officer shall meet the following qualifications and training requirements:

(1) Be at least 18 years of age;

(2) possess a high school diploma or GED certificate; and

(3) complete a contact tracing training program approved by the secretary.

(b) Each individual acting as a contact tracer under the authority of the secretary or a local health officer shall execute the following oath or affirmation:

“I, ___[name]___, acknowledge that I have completed the training to become a contact tracer. I am familiar with the provisions contained in and duties required by L. 2021, ch. 116, sec. 38, attached hereto and incorporated by reference, including the duty of confidentiality stated therein. I do solemnly swear (or affirm) that I will comply with those Kansas COVID-19 contact tracing provisions while acting as a contact tracer. So help me God.

Signature: ____________________ Date: ____________”

(c) Any individual having conscientious scruples against taking an oath ending with a reference to a deity may affirm with like effect without the need to make a reference to the deity.

(d) The oath or affirmation specified in subsection (b) may be executed before the secretary, the secretary’s designee, a local health officer, or the local health officer’s designee. (Authorized by and implementing L. 2021, ch. 116, sec. 38; effective, T-28-7-30-20, July 30, 2020; effective Nov. 20, 2020; amended Jan. 14, 2022.)

28-1-42. Contact data; communication with contacts. (a) Each individual acting as a contact tracer under the authority of the secretary or a local health officer shall be limited to collecting the following personal information for any contact:

(1) Data that identifies the contact, including name, date of birth, and sex;

(2) address;

(3) telephone number;

(4) electronic-mail address;

(5) geographical or similar location information at certain points in time; and

(6) the name of each individual who could be an additional contact.

(b) Each individual acting as a contact tracer under the authority of the secretary or a local health officer shall be limited to collecting the following health data for any contact:

(1) Age;

(2) vaccination and testing status;

(3) temperature; and

(4) symptoms.

(c) Whenever a contact tracer communicates with a contact, the contact tracer shall advise the contact that the contact shall not be compelled to participate in or be prohibited from participating in the contact tracing.

(1) The contact tracer shall use the following text when advising the contact:

“Participation in COVID-19 contact tracing is voluntary. You shall not be compelled to participate in or be prohibited from participation in contact tracing for COVID-19. If in good faith you do provide information requested by a contact tracer, you shall be immune from civil, criminal, and administrative liability for disclosing the information. If you do not provide information, you are not subject to civil, criminal, or administrative penalties. Do you understand what I have said? May I ask you questions concerning a COVID-19 contact tracing?”

(2) The contact tracer shall document in the contact data whether the text was provided and what were the contact’s responses to the questions. (Authorized by and implementing L. 2021, ch. 116, sec. 38; effective, T-28-7-30-20, July 30, 2020; effective Nov. 20, 2020; amended Jan. 14, 2022.)

28-1-43. Surrender or destruction of contact data. (a) Each individual acting as a contact tracer for the secretary or a local health officer who possesses contact data pursuant to L. 2021, ch. 116, sec. 38, and amendments thereto, shall surrender all contact data to the secretary or the local health officer when the contact has been released from quarantine.

(b) Each individual who possesses contact data permitted to be collected as specified in K.A.R. 28-1-42 shall safely and securely destroy, in a manner approved by the secretary, any contact data that contains protected health information, individual movement or mobility data, or personal information whenever the secretary determines that the contact data that contains protected health information, individual movement or mobility data, or personal information is no longer necessary for the purpose of contact tracing, as defined in L. 2021, ch. 116, sec. 38 and amendments thereto. (Authorized by and implementing L. 2021, ch. 116, sec. 38; effective, T-28-7-30-20, July 30, 2020; effective Nov. 20, 2020; amended Jan. 14, 2022.)

28-1-44. Sunset provision. K.A.R. 28-1-40 through 28-1-43 shall have no force and effect after June 30, 2022. (Authorized by and implementing L. 2021, ch. 116, sec. 38; effective, T-28-7-30-20, July 30, 2020; effective Nov. 20, 2020; amended Jan. 14, 2022.)

Janet Stanek
Acting Secretary

Doc. No. 049684