KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

LabOnline

Electronic Test Ordering and Reporting (“ETOR”)

Terms of Service

ETOR systems are self-service online platforms that provides an authorized user the ability to order tests, track sample progression, and view, print or download results securely.  ETOR systems’ website, [https://kdhe.chemwarems.com/] (“Site”), is administered by the Kansas Department of Health and Environment (“KDHE”), Kansas Health and Environmental Laboratories (“KHEL”).  ETOR systems interface directly with the KHEL Laboratory Information Management System (“LIMS”) to import and export real time data.

The Site is intended to facilitate laboratory test ordering and reporting between KDHE and authorized users for themselves and/or on behalf of any person or entity for whom the user is using the Site.  Access is limited to only authorized users that receive login credentials from KDHE.

The privacy of participants and confidentiality of information contained in the ETOR systems and the Site shall be protected at all times by all authorized users.

Persons or entities seeking authorization must submit a completed KDHE Laboratories – User Access Request form and agree to comply with all terms of the ETOR Systems User Security and Confidentiality Agreement. Both documents are available on the KDHE website upon registering for the ETOR systems.  Authorized users must agree to comply with all terms of the ETOR Systems User Security and Confidentiality Agreement each time upon login.

By registering for ETOR systems, agreeing to the ETOR Systems User Security and Confidentiality Agreement, and using these systems the authorized user acknowledges and agrees with the Terms of Service, as follows:

1. Use of ETOR Systems Data

    

   1. Authorized users may access ETOR systems, when necessary, to coordinate test ordering, access test results, verify available test data, and view, print, or download test information for their facility or on behalf of any person or entity authorizing the user access to such information.

       

   2. Users who access ETOR systems shall comply with all the terms and conditions of the ETOR Systems User Security and Confidentiality Agreement and with all applicable state and federal laws, regulations and rules regarding use and disclosure of such information. User access level will be determined by the KDHE at the time of user enrollment.

       

   3. Parents/guardians and individuals may access a child's test result record(s) through their health care provider, local county health department or KDHE.

       

   4. KDHE shall retain data accessible through the ETOR systems for as long as deemed necessary.

       

2. Security Procedures

    

   1. All enrolled individuals and entities shall maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of health information and other personally identifiable information. ETOR systems staff shall conduct periodic assessments of privacy and security policies.

       

   2. KDHE will maintain a file of authorized users. This file shall include at the minimum:
      1. Name, address, contact information, and type of agency.
      2. Original signed and dated ETOR Systems User Security and Confidentiality Agreement for each authorized end user.

          

   3. In the event that a user or KDHE discovers unauthorized dissemination of ETOR systems data, the user or KDHE shall promptly notify the original provider(s) of said data if possible.

       

   4. KDHE reserves the right and sole discretion to deny, suspend, or revoke access by an authorized user to the ETOR systems or any features of the Site who violates any provision of the Terms of Service, the ETOR Systems User Security and Confidentiality Agreement, or any applicable state or federal law, rule, or regulation.

       

3. Disclaimers

    

   1. The information offered on or through the ETOR systems and/or the Site is provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, KDHE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KDHE does not warrant that the Site or any of its functions will be uninterrupted or error free, that defects will be corrected, or that any part of the Site, including the servers that make it available, are free of viruses or other harmful components.

       

   2. Except to the extent authorized under the Kansas Tort Claims Act, K.S.A. 75-6101, et seq., KDHE, including all employees or agents thereof, shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the ETOR systems and/or the Site, even if KDHE is given prior notice of the possibility of damages. KDHE is not liable for any defamatory, offensive, or illegal conduct of any user.

       

   3. Authorized users agree to indemnify, save and hold harmless KDHE, including its employees and agents thereof, against any and all claims, damages, liability, and court awards, including costs, expenses, and attorney fees and related costs that arise out of use of the ETOR systems, the Site or violation of this Policy by any user.

       

   4. KDHE reserves the right to modify or amend the Terms of Service from time to time without notice. Authorized users continued use of the ETOR systems following any changes to the terms of the Terms of Service will constitute acceptance of such changes.