Kansas Statutes Annotated

K.S.A. § 65-4909 (2026)

Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined

✓ current as of May 2026

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65-4909. Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined. (a) There shall be no liability on the part of and no action for damages shall arise against any: (1) State, regional or local association of health care providers; (2) state, regional or local association of licensed adult care home administrators; (3) organization delegated review functions by law, and the individual members of any committee thereof (whether or not such individual members are health care providers or licensed adult care home administrators); or (4) individual or entity acting at the request of any committee, association or organization listed in subsections (1) through (3), which in good faith investigates or communicates information regarding the quality, quantity or cost of care being given patients by health care providers or being furnished residents of adult care homes for any act, statement or proceeding undertaken or performed within the scope of the functions and within the course of the performance of the duties of any such association, organization or committee if such association, organization or committee or such individual member thereof acted in good faith and without malice.

(b) As used in this section, "health care provider" means a person licensed to practice any branch of the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, mid-level practitioner as defined under K.S.A. 65-468, and amendments thereto, licensed dentist, licensed professional nurse, licensed practical nurse, licensed optometrist, licensed podiatrist, licensed pharmacist, physical therapist or respiratory therapist.

History: L. 1976, ch. 267, § 2; L. 1978, ch. 262, § 1; L. 1986, ch. 231, § 33; L. 1988, ch. 246, § 21; L. 1992, ch. 158, § 9; April 30.

Notes of Decisions

Cited in 2 cases, 2001–2020 · leading case: Donnell v. HCA Health Servs. of Kansas, Inc., 28 P.3d 420 (Kan. Ct. App. 2001).

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Donnell v. HCA Health Servs. of Kansas, Inc., 28 P.3d 420 (Kan. Ct. App. 2001). · cites it 2× “65-2898(b) and K.S.A. 65-4909(a). K.S.A. 65-2898(b) states: “(b) Any state, regional or local association composed of persons licensed to practice a branch of the healing arts and the individual members of any committee thereof, which in good faith investigates or communicates…”

Benaissa, M.D. v. Salina Reg'l Health Ctr., Inc. (D. Kan. 2020). · cites it 2× “§ 65-442(a) (providing limited liability for medical care facilities and certain officials if such member acted in good faith); K.S.A. § 65-4909 (providing limited liability for certain health care providers for any good-faith investigations or communications regarding the…”

— K.S.A. § 65-4909(a) — 1 case

Donnell v. HCA Health Servs. of Kansas, Inc., 28 P.3d 420 (Kan. Ct. App. 2001). “65-2898(b) and K.S.A. 65-4909(a). K.S.A. 65-2898(b) states: “(b) Any state, regional or local association composed of persons licensed to practice a branch of the healing arts and the individual members of any committee thereof, which in good faith investigates or communicates…”

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