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Kansas Statutes Annotated

K.S.A. § 75-6102 (2026)

Definitions

✓ current as of May 2026
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75-6102. 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.

Notes of Decisions
Cited in 68 cases (11 in the last 5 years), 1984–2026 · leading case: Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019).
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Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). · cites it 15× “Compare K.S.A. 2017 Supp. 75-6102(d) with K.S.A. 2017 Supp.”
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). · cites it 17× “" K.S.A. 75-6102(a). 2. The Kansas Tort Claims Act (KTCA) defines "municipality" to include "any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution, or other instrumentality thereof.”
Rockers v. Kansas Tpk. Auth., 991 P.2d 889 (Kan. 1999). · cites it 9× “K.S.A. 75-6102 contains separate definitions for governmental entity, state, and municipality: “ ‘Governmental entity’ means state or municipality,” K.”
Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). · cites it 4× “" In K.S.A. 75-6102(c), the term "governmental entity" is defined to include a school district.”
Fugate v. Unified Gov't of Wyandotte Cnty./Kansas City, 161 F. Supp. 2d 1261 (D. Kan. 2001). · cites it 6× “Section 75-6102(a), K.S.A., defines “state” as “the state of Kansas and any department or branch of state government or any agency, authority, institution or other instrumentality thereof.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). · cites it 2× “K.S.A. 75-6102(b). Sheriffs’ departments are embraced within the term “municipality.”
Thomas v. Cnty. Com'rs of Shawnee Cnty., 262 P.3d 336 (Kan. 2011). · cites it 3× “75-6102(c) (defining “governmental entity” to include municipalities); K.S.A. 2010 Supp. 75-6102(b) (defining “municipality” to include counties); K.”
Adams v. Bd. of Sedgwick Cnty. Commissioners, 214 P.3d 1173 (Kan. 2009). · cites it 2× “75-6102(b), (c) (defining “[governmental entity” to mean the state or a municipality and including counties such as Sedgwick County in the definition of “municipality”); see also K.S.A. 2008 Supp. 75-6102(d) (defining “employee” as including “any person acting on ■behalf or in…”
Mason v. Twenty-Sixth Jud. Dist. of Kansas, 670 F. Supp. 1528 (D. Kan. 1987). · cites it 6× “In Hopkins , the Kansas Supreme Court cited K.S.A. § 75-6102, which provides that each governmental entity is subject to liability for damages caused by the wrongful act or omission of any of its employees while acting within the scope of their employment.”
Gragg v. Wichita State Univ., 934 P.2d 121 (Kan. 1997). · cites it 3× “We limit our discussion to WSU and its athletic association, WSUIAAI, which we find to be governmental entities under K.S.A. 1996 Supp. 75-6102(c). “State” is defined by K.”
Weckhorst v. Kansas State Univ., 241 F. Supp. 3d 1154 (D. Kan. 2017). · cites it 2× “Plaintiff has attached her proposed First Amended Complaint (Doc. 36-1) to that motion. The proposed First Amended Complaint does not add any allegations in support of her KCPA claim that would cure the deficiencies described above.”
Patterson v. Cowley Cnty., Kansas, 413 P.3d 432 (Kan. 2018). “THE COUNTY'S KANSAS TORT CLAIMS ACT IMMUNITY The County is a "governmental entity," so Patterson's negligence claims are subject to the KTCA.”
Show all 68 citing cases →
— K.S.A. § 75-6102(a) — 17 cases
Patterson v. Cowley Cnty., Kansas, 413 P.3d 432 (Kan. 2018). “THE COUNTY'S KANSAS TORT CLAIMS ACT IMMUNITY The County is a "governmental entity," so Patterson's negligence claims are subject to the KTCA.”
Weckhorst v. Kansas State Univ., 241 F. Supp. 3d 1154 (D. Kan. 2017). “Plaintiff has attached her proposed First Amended Complaint (Doc. 36-1) to that motion. The proposed First Amended Complaint does not add any allegations in support of her KCPA claim that would cure the deficiencies described above.”
Hopkins v. State, 702 P.2d 311 (Kan. 1985).
Fugate v. Unified Gov't of Wyandotte Cnty./Kansas City, 161 F. Supp. 2d 1261 (D. Kan. 2001). “Section 75-6102(a), K.S.A., defines “state” as “the state of Kansas and any department or branch of state government or any agency, authority, institution or other instrumentality thereof.”
Mason v. Twenty-Sixth Jud. Dist. of Kansas, 670 F. Supp. 1528 (D. Kan. 1987). “In Hopkins , the Kansas Supreme Court cited K.S.A. § 75-6102, which provides that each governmental entity is subject to liability for damages caused by the wrongful act or omission of any of its employees while acting within the scope of their employment.”
— K.S.A. § 75-6102(b) — 33 cases
Rockers v. Kansas Tpk. Auth., 991 P.2d 889 (Kan. 1999). “K.S.A. 75-6102 contains separate definitions for governmental entity, state, and municipality: “ ‘Governmental entity’ means state or municipality,” K.”
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “" K.S.A. 75-6102(a). 2. The Kansas Tort Claims Act (KTCA) defines "municipality" to include "any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution, or other instrumentality thereof.”
Fugate v. Unified Gov't of Wyandotte Cnty./Kansas City, 161 F. Supp. 2d 1261 (D. Kan. 2001). “Section 75-6102(a), K.S.A., defines “state” as “the state of Kansas and any department or branch of state government or any agency, authority, institution or other instrumentality thereof.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). “K.S.A. 75-6102(b). Sheriffs’ departments are embraced within the term “municipality.”
Blackmon v. U.S.D. 259 Sch. Dist., 769 F. Supp. 2d 1267 (D. Kan. 2011).
— K.S.A. § 75-6102(c) — 23 cases
Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). “" In K.S.A. 75-6102(c), the term "governmental entity" is defined to include a school district.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). “K.S.A. 75-6102(b). Sheriffs’ departments are embraced within the term “municipality.”
Hopkins v. State, 702 P.2d 311 (Kan. 1985).
Thomas v. Cnty. Com'rs of Shawnee Cnty., 262 P.3d 336 (Kan. 2011). “75-6102(c) (defining “governmental entity” to include municipalities); K.S.A. 2010 Supp. 75-6102(b) (defining “municipality” to include counties); K.”
Lindenman v. Umscheid, 875 P.2d 964 (Kan. 1994).
— K.S.A. § 75-6102(d) — 15 cases
Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). “" In K.S.A. 75-6102(c), the term "governmental entity" is defined to include a school district.”
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “Compare K.S.A. 2017 Supp. 75-6102(d) with K.S.A. 2017 Supp.”
PS Ex Rel. Nelson v. the Farm, Inc., 658 F. Supp. 2d 1281 (D. Kan. 2009).
C.T. v. Liberal Sch. Dist., 562 F. Supp. 2d 1324 (D. Kan. 2008).
Adams v. Bd. of Sedgwick Cnty. Commissioners, 214 P.3d 1173 (Kan. 2009). “75-6102(b), (c) (defining “[governmental entity” to mean the state or a municipality and including counties such as Sedgwick County in the definition of “municipality”); see also K.S.A. 2008 Supp. 75-6102(d) (defining “employee” as including “any person acting on ■behalf or in…”
— K.S.A. § 75-6102(d)(1) — 2 cases
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “Compare K.S.A. 2017 Supp. 75-6102(d) with K.S.A. 2017 Supp.”
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “" K.S.A. 75-6102(a). 2. The Kansas Tort Claims Act (KTCA) defines "municipality" to include "any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution, or other instrumentality thereof.”
— K.S.A. § 75-6102(d)(1)(A) — 2 cases
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “Compare K.S.A. 2017 Supp. 75-6102(d) with K.S.A. 2017 Supp.”
Farmers Bank & Trust v. Homestead Cmty. Dev. (Kan. Ct. App. 2020).
— K.S.A. § 75-6102(d)(1)(B) — 1 case
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “" K.S.A. 75-6102(a). 2. The Kansas Tort Claims Act (KTCA) defines "municipality" to include "any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution, or other instrumentality thereof.”
— K.S.A. § 75-6102(d)(2)(B) — 3 cases
Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “Compare K.S.A. 2017 Supp. 75-6102(d) with K.S.A. 2017 Supp.”
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “" K.S.A. 75-6102(a). 2. The Kansas Tort Claims Act (KTCA) defines "municipality" to include "any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution, or other instrumentality thereof.”
Osborn v. Kansas Dept. for Child. & Families (Kan. Ct. App. 2022).
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