Printable Format65-28,140. Violations of act; strict liability for certain treatments by a healthcare provider; private cause of action. (a) If a healthcare provider violates the provisions of K.S.A. 2025 Supp. 65-28,139, and amendments thereto:
(1) The healthcare provider has engaged in unprofessional conduct and, notwithstanding any provision of law to the contrary, the license of such healthcare provider shall be revoked by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state.
(b) A healthcare provider who provides treatment to a child in violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall be held strictly liable to such child if the treatment or effects of such treatment results in any physical, psychological, emotional or physiological harms to such child in the next 10 years from the date that the individual turns 18 years of age. A prevailing plaintiff may recover actual and punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(c) The parents of a child who has experienced violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall have a private cause of action against a healthcare provider for actual and punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(d) (1) An individual who was provided treatment as a child in violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall have a private cause of action against the healthcare provider who provided such treatment for actual damages, punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(2) An action against a healthcare provider pursuant to this subsection shall be filed within 10 years from the date that the individual turns 18 years of age.
History: L. 2025, ch. 1, ยง 4; February 20.