Printable Format75-6102. Definitions. As used in K.S.A. 75-6101 through 75-6118, and amendments thereto, unless the context clearly requires otherwise:
(a) "State" means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.
(b) "Municipality" means any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.
(c) "Governmental entity" means state or municipality.
(d) (1) "Employee" means: (A) Any officer, employee, servant or member of a board, commission, committee, division, department, branch or council of a governmental entity, including elected or appointed officials and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation and a charitable healthcare provider;
(B) any steward or racing judge appointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless of whether the services of such steward or racing judge are rendered pursuant to contract as an independent contractor;
(C) employees of the United States marshals service engaged in the transportation of inmates on behalf of the secretary of corrections;
(D) a person who is an employee of a nonprofit independent contractor, other than a municipality, under contract to provide educational or vocational training to inmates in the custody of the secretary of corrections and who is engaged in providing such service in an institution under the control of the secretary of corrections provided that such employee does not otherwise have coverage for such acts and omissions within the scope of their employment through a liability insurance contract of such independent contractor;
(E) a person who is an employee or volunteer of a nonprofit program, other than a municipality, who has contracted with the commissioner of juvenile justice or with another nonprofit program that has contracted with the secretary of corrections to provide a juvenile justice program for juvenile offenders in a judicial district provided that such employee or volunteer does not otherwise have coverage for such acts and omissions within the scope of their employment or volunteer activities through a liability insurance contract of such nonprofit program;
(F) a person who contracts with the Kansas guardianship program to provide services as a court-appointed guardian or conservator;
(G) an employee of an indigent healthcare clinic;
(H) former employees for acts and omissions within the scope of their employment during their former employment with the governmental entity;
(I) any member of a regional medical emergency response team, created under the provisions of K.S.A. 48-928, and amendments thereto, in connection with authorized training or upon activation for an emergency response;
(J) any member of a regional search and rescue team or regional hazardous materials response team contracting with the state fire marshal pursuant to K.S.A. 31-133, and amendments thereto, or K.S.A. 75-1518, and amendments thereto, in connection with authorized training or upon activation for an emergency response; and
(K) medical students enrolled at the university of Kansas medical center who are in clinical training, on or after July 1, 2008, at the university of Kansas medical center or at another healthcare institution.
(2) "Employee" does not include: (A) An individual or entity for actions within the scope of K.S.A. 60-3614, and amendments thereto; or
(B) any independent contractor under contract with a governmental entity except those contractors specifically listed in subsection (d)(1).
(e) "Charitable healthcare provider" means a person licensed by the state board of healing arts as an exempt licensee or a federally active licensee, a person issued a limited permit by the state board of healing arts, a physician assistant licensed by the state board of healing arts, a mental health practitioner licensed by the behavioral sciences regulatory board, an ultrasound technologist currently registered in any area of sonography credentialed through the American registry of radiology technologists, the American registry for diagnostic medical sonography or cardiovascular credentialing international and working under the supervision of a person licensed to practice medicine and surgery, or a healthcare provider as the term "healthcare provider" is defined under K.S.A. 65-4921, and amendments thereto, who has entered into an agreement with:
(1) The secretary of health and environment under K.S.A. 75-6120, and amendments thereto, who, pursuant to such agreement, gratuitously renders professional services to a person who has provided information that would reasonably lead the healthcare provider to make the good faith assumption that such person meets the definition of medically indigent person as defined by this section or to a person receiving medical assistance from the programs operated by the department of health and environment, and who is considered an employee of the state of Kansas under K.S.A. 75-6120, and amendments thereto;
(2) the secretary of health and environment and who, pursuant to such agreement, gratuitously renders professional services in conducting children's immunization programs administered by the secretary;
(3) a local health department or indigent healthcare clinic that renders professional services to medically indigent persons or persons receiving medical assistance from the programs operated by the department of health and environment gratuitously or for a fee paid by the local health department or indigent healthcare clinic to such provider and who is considered an employee of the state of Kansas under K.S.A. 75-6120, and amendments thereto. Professional services rendered by a provider under this paragraph shall be considered gratuitous notwithstanding fees based on income eligibility guidelines charged by a local health department or indigent healthcare clinic and notwithstanding any fee paid by the local health department or indigent healthcare clinic to a provider in accordance with this paragraph; or
(4) the secretary of health and environment to provide dentistry services defined by K.S.A. 65-1422 et seq., and amendments thereto, or dental hygienist services defined by K.S.A. 65-1456, and amendments thereto, that are targeted, but are not limited to, medically indigent persons, and are provided on a gratuitous basis: (A) At a location sponsored by a not-for-profit organization that is not the dentist or dental hygienist office location; (B) at the office location of a dentist or dental hygienist provided the care be delivered as part of a program organized by a not-for-profit organization and approved by the secretary of health and environment; or (C) as part of a charitable program organized by the dentist that has been approved by the secretary of health and environment upon a showing that the dentist seeks to treat medically indigent patients on a gratuitous basis, except that such dentistry services and dental hygienist services shall not include "oral and maxillofacial surgery" as defined by K.A.R. 71-2-2, or use sedation or general anesthesia that result in "deep sedation" or "general anesthesia" as defined by K.A.R. 71-5-7.
(f) "Medically indigent person" means a person who lacks resources to pay for medically necessary healthcare services and who meets the eligibility criteria for qualification as a medically indigent person established by the secretary of health and environment under K.S.A. 75-6120, and amendments thereto.
(g) "Indigent healthcare clinic" means an outpatient medical care clinic operated on a not-for-profit basis that has a contractual agreement in effect with the secretary of health and environment to provide healthcare services to medically indigent persons.
(h) "Local health department" means the same as defined in K.S.A. 65-241, and amendments thereto.
(i) "Fire control, fire rescue or emergency medical services equipment" means any vehicle, firefighting tool, protective clothing, breathing apparatus and any other supplies, tools or equipment used in firefighting or fire rescue or in the provision of emergency medical services.
(j) "Community mental health center" means the same as defined in K.S.A. 39-2002, and amendments thereto.
History: L. 1979, ch. 186, § 2; L. 1982, ch. 374, § 1; L. 1983, ch. 299, § 1; L. 1987, ch. 353, § 1; L. 1990, ch. 146, § 4; L. 1990, ch. 329, § 2; L. 1990, ch. 149, § 9; L. 1991, ch. 268, § 1; L. 1991, ch. 182, § 5; L. 1993, ch. 29, § 2; L. 1994, ch. 343, § 1; L. 1995, ch. 82, § 7; L. 1996, ch. 91, § 4; L. 1997, ch. 156, § 91; L. 2000, ch. 164, § 1; L. 2002, ch. 46, § 1; L. 2003, ch. 2, § 1; L. 2003, ch. 158, § 9; L. 2004, ch. 122, § 1; L. 2005, ch. 139, § 2; L. 2009, ch. 44, § 1; L. 2010, ch. 86, § 1; L. 2011, ch. 5, § 1; L. 2012, ch. 109, § 5; L. 2013, ch. 133, § 32; L. 2015, ch. 50, § 3; L. 2016, ch. 92, § 3; L. 2018, ch. 71, § 28; July 1.
Revisor's Note:
Section was amended twice in the 2000 session, see also 75-6102a.
Section was amended twice in the 2002 session, see also 75-6102b.
Section was also amended by L. 2003, ch. 107, § 1, but that version was repealed by L. 2003, ch. 158, § 11.
Section was amended twice in the 2012 session, see also 75-6102c.
Cross References to Related Sections:
Persons licensed by state board of healing arts as exempt licensees, see 65-2809.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 300 (1979).
"Governmental Liability: A Review of Judicial Decisions Applying the Kansas Tort Claims Act," Steven Reed Sanford, 24 W.L.J. 499, 502 (1985).
"Notice of Claims—Easy to Follow but Timing is Important," Maurice Ryan and Kathleen Lynch, 64 J.K.B.A. No. 8, 36, 37 (1995).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is -- A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).
"The Potential Civil Liability of Law Enforcement Officers and Agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).
"Y2K: An Active Year for Judicial Legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).
"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).
Attorney General's Opinions:
Wildlife and parks (formerly fish and game); safety and handling of firearms; liability insurance. 80-73.
Payment of defense costs of public officers and employees in civil rights cases. 80-203.
University of Kansas institutional review boards are covered by tort claims act. 81-139.
Community service performed by person under sentence or diversion is covered by Kansas tort claims act. 82-157.
Performance of public or community service by convicted DUI violators; liability. 82-183.
Liability of city for volunteer reserve police officers. 82-215.
County extension council; extension agent and other employees—liability under tort claims act. 84-56.
Advisory committees are covered by tort claims act. 84-88.
Insurance; health care provider insurance; health care provider insurance availability plan; governing board; Kansas tort claims act; advisory committee. 85-21.
Defense of governmental entity or employee; requests to provide defense. 85-140.
Liability of governmental entities; townships. 86-18.
Definition of municipality; rural water districts. 86-31.
Appointment of special deputy to take over insolvent bank; liability of directors and officers. 86-32.
Board of trustees; Wichita state university. 86-45.
Members of continuing legal education commission are covered by act. 86-109.
Directors of Kansas technology enterprise corporation are covered by act. 86-155.
Municipal energy agencies are covered by act. 86-177.
District attorneys and their agents are state employees for purposes of tort claims act. 87-13.
Act applies to conservation district personnel. 87-31.
Board of state fair managers are state employees for purposes of Kansas tort claims act. 87-97.
County fair associations; tort claims act; board of directors; open meetings act. 88-48.
Definition of "employee" covered by tort claims act. 88-93.
Liability of governmental entities; county zoning administrator. 88-141.
Person covered by act; faculty of Kansas College of Technology. 89-81.
Volunteers working for state long-term care ombudsman. 90-21.
Interlocal cooperation agreements; separate legal entities; municipalities; school districts. 91-4.
Application of Kansas tort claims act to Kansas healthy kids corporation and corporation for change. 93-62.
Persons engaged in residency training for services to indigent health care clinics are covered under Kansas tort claims act. 93-74.
Licensure exempt status for military physicians under Kansas healing arts act; continuing education; liability insurance; expiration. 94-91.
City-county health department employees are covered by the Kansas tort claims act. 94-135.
Kansas development finance authority; officers' and directors' exemption from liability; applicability of Kansas tort claims act. 94-140.
Giving a false alarm by fire department; possible liability under Kansas tort claims act. 95-40.
Kansas development finance authority held subject to tort claims act; opinion 94-140 withdrawn. 95-78.
K.S.U. research foundation is a governmental entity for purposes of act. 95-115.
Kansas guardianship program held subject to act. 96-10.
Cemetery district held subject to act. 96-11.
Persons required to submit certification of health; employees and persons under supervision of district who are in regular contact with pupils. 97-1.
Volunteers for Kansas guardianship program not employees under tort claims act; immunity under K.S.A. 60-3601 not available. 97-36.
Kansas Health Insurance Association is a "governmental entity" under the Kansas tort claims act. 97-81.
Claims arising out of court service officer's use of personal motor vehicle while acting within scope of employment; state liability under tort claims act; reimbursement for additional insurance premiums. 99-17.
Groundwater management district is subject to Kansas Tort Claims Act. 99-41.
Contract appraisal reviewers not covered by act. 99-54.
Judicial District Corrections Advisory Board is governmental entity for purposes of act. 2000-3.
Employment status of district court trustee and employees of trustee's office. 2000-37.
Kansas dairy commission is an agency of the state for purposes of act. 2000-12.
Application of Kansas Tort Claims Act to members of Behavioral Sciences Regulatory Board's Advisory members. 2000-58.
Clinic employees covered by act if municipal or state employees or contractual relation between state and employer. 2003-25.
Physician's assistant hired by Kansas Veterans' Home is employee for purposes of act. 2004-3.
At-large members of a regional homeland security council are considered employees as defined in the Kansas tort claims act, while an individual who acts as proxy for a council member is not considered an employee of the council. 2011-13.
Kansas dental board member who testifies as an expert witness in a board disciplinary hearing may be considered a governmental employee covered by the Kansas tort claims act. 2011-14.
CASE ANNOTATIONS
1. Jaycees held to be employees of municipality in administering softball program at public park. Bonewell v. City of Derby, 236 Kan. 589, 591, 693 P.2d 1179 (1985).
2. Discussed; nothing under K.S.A. 74-2105 et seq. grants highway patrol capacity to sue or be sued. Hopkins v. State, 237 Kan. 601, 606, 702 P.2d 311 (1985).
3. Cited; immunity from liability for negligent acts (K.S.A. 75-6104(n)) as opposed to gross and wanton negligence examined. Boaldin v. University of Kansas, 242 Kan. 288, 291, 747 P.2d 811 (1987).
4. Cited; exceptions in K.S.A. 75-6104(d) as inapplicable where legal duty exists that must be followed; examined. Dougan v. Rossville Drainage Dist., 243 Kan. 315, 318, 757 P.2d 272 (1988).
5. Board of county commissioners liable for negligent acts and omissions of sheriff's department under tort claims act. Eames v. Board of County Comm'rs, 733 F. Supp. 322, 324 (1990).
6. School district's responsibility in failing to follow established procedure involving child abuse allegations against third party's employee/bus driver examined. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 364, 819 P.2d 587 (1991).
7. State department of revenue properly sued for negligent examination of motor vehicle title examination. Mid American Credit Union v. Board of Sedgwick County Comm'rs, 15 Kan. App. 2d 216, 224, 806 P.2d 479 (1991).
8. Police officers' duty to exercise care and diligence required of officers; when protected by act. Allen v. Board of Comm'rs of County of Wyandotte, 773 F. Supp. 1442 (1991).
9. Public golf course noted as recreational use exception (K.S.A. 75-6104(o)); nature of employee's negligence generally question for trier of fact. Gruhin v. City of Overland Park, 17 Kan. App. 2d 388, 389, 836 P.2d 1222 (1992).
10. Liability of state noted where law enforcement employee breaches specific duty owed to individual rather than general public (K.S.A. 75-6109(n)). Washington v. State, 17 Kan. App. 2d 518, 520, 839 P.2d 555 (1992).
11. Discretionary function exception (K.S.A. 75-6104(e)), duty city owed in owning/operating electric plant and distribution system examined. Lamb v. City of Elsmore, 18 Kan. App. 2d 641, 644, 857 P.2d 1380 (1993).
12. Whether city-county board of health has the capacity to sue or be sued examined. Lindenman v. Umscheid, 255 Kan. 610, 630, 875 P.2d 964 (1994).
13. Whether foster parents were independent contractors or SRS employees for KTCA (K.S.A. 75-6101 et seq.) examined. Mitzner v. State Dept. of SRS, 257 Kan. 258, 262, 891 P.2d 435 (1995).
14. County is immune from liability for damages from party wrongly named as property owner in tax assessment rolls. LaBarge v. City of Concordia, 23 Kan. App. 2d 8, 17, 927 P.2d 487 (1996).
15. State university and its athletic association held to be governmental entities. Gragg v. Wichita State Univ., 261 Kan. 1037, 1058, 934 P.2d 121 (1997).
16. Definition in subsection (b) does not preclude airport authority from being sued in venue other than its home county. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 Kan. App. 2d 1038, 1057, 940 P.2d 84 (1997).
17. Kansas Turnpike Authority is not a municipality requiring filing of notice of claim before filing action under act. Rockers v. Kansas Turnpike Authority, 268 Kan. 110, 114, 116, 991 P.2d 889 (1999).
18. Cited in discussion of recreational use exception involving school commons area. Poston v. U.S.D. No. 387, 286 Kan. 809, 813, 189 P.3d 517 (2008).
19. Cited in sexual harassment case involving actions of school volunteer; summary judgment denied school district. C.T. v. Liberal School District, 562 F. Supp. 2d 1324, 1343 (2008).
20. Having determined that mental health center did not owe duty to persons injured by patient, tort claims act not considered. Adams v. Board of Sedgwick County Comm'rs, 289 Kan. 577, 214 P.3d 1173 (2009).
21. Defendant held as an independent contractor, not an employee of SRS under the KTCA. P.S. ex rel. Nelson v. The Farm, Inc., 658 F. Supp. 2d 1281 (D. Kan. 2009).
22. A contracting private entity must be an integral part of or be controlled by a governmental entity to qualify as an instrumentality under the Kansas tort claims act. R.P. v. First Student Inc., 62 Kan. App. 2d 371, 515 P.3d 283 (2022).