SB 240--
Session of 1997
By Committee on Public Health and Welfare

9 AN ACT concerning treatment facilities; disclosure of certain commu- 10 nications; amending K.S.A. 1996 Supp. 65-5603 and repealing the ex- 11 isting section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 1996 Supp. 65-5603 is hereby amended to read as 15 follows: 65-5603. (a) The privilege established by K.S.A. 65-5602 and 16 amendments thereto shall not extend to: 17 (1) Any communication relevant to an issue in proceedings to invol- 18 untarily commit to treatment a patient for mental illness, alcoholism or 19 drug dependency if the treatment personnel in the course of diagnosis or 20 treatment has determined that the patient is in need of hospitalization; 21 (2) an order for examination of the mental, alcoholic, drug depend- 22 ency or emotional condition of the patient which is entered by a judge, 23 with respect to the particular purpose for which the examination is or- 24 dered; 25 (3) any proceeding in which the patient relies upon any of the afore- 26 mentioned conditions as an element of the patient's claim or defense, or, 27 after the patient's death, in any proceeding in which any party relies upon 28 any of the patient's conditions as an element of a claim or defense; 29 (4) any communication which forms the substance of information 30 which the treatment personnel or the patient is required by law to report 31 to a public official or to be recorded in a public office, unless the statute 32 requiring the report or record specifically provides that the information 33 shall not be disclosed; 34 (5) any information necessary for the emergency treatment of a pa- 35 tient or former patient if the head of the treatment facility at which the 36 patient is being treated or was treated states in writing the reasons for 37 disclosure of the communication and makes such statement a part of the 38 treatment or medical record of the patient; 39 (6) information relevant to protect a person who has been threatened 40 with substantial physical harm by a patient during the course of treatment, 41 when such person has been specifically identified by the patient, the treat- 42 ment personnel believes there is substantial likelihood that the patient 43 will act on such threat in the reasonable foreseeable future and the head SB 240

 1  of the treatment facility has concluded that notification should be given.
 2  The patient shall be notified that such information has been communi-
 3  cated;
 4    (7)  any information from a state psychiatric hospital to appropriate
 5  administrative staff of the department of corrections whenever patients
 6  have been administratively transferred to a state psychiatric hospital pur-
 7  suant to the provisions of K.S.A. 75-5209 and amendments thereto;
 8    (8)  any information to the patient or former patient, except that the
 9  head of the treatment facility at which the patient is being treated or was
10  treated may refuse to disclose portions of such records if the head of the
11  treatment facility states in writing that such disclosure will be injurious
12  to the welfare of the patient or former patient;
13    (9)  any information to any state or national accreditation, certification
14  or licensing authority, or scholarly investigator, but the head of the treat-
15  ment facility shall require, before such disclosure is made, a pledge that
16  the name of any patient or former patient shall not be disclosed to any
17  person not otherwise authorized by law to receive such information;
18    (10)  any information to Kansas advocacy and protective services, inc.
19  which concerns individuals who reside in a treatment facility and which
20  is required by federal law and federal rules and regulations to be available
21  pursuant to a federal grant-in-aid program;
22    (11)  any information relevant to the collection of a bill for profes-
23  sional services rendered by a treatment facility; or
24    (12)  any information sought by a coroner serving under the laws of
25  Kansas when such information is material to an investigation or proceed-
26  ing conducted by the coroner in the performance of such coroner's official
27  duties. Information obtained by a coroner under this provision shall be
28  used for official purposes only and shall not be made public unless ad-
29  mitted as evidence by a court or for purposes of performing the coroner's
30  statutory duties;
31    (13)  any communication and information between or among treat-
32  ment facilities regarding a proposed patient, patient or former patient for
33  purposes of promoting continuity of care between the state psychiatric
34  hospitals and the community mental health centers; the proposed patient,
35  patient, or former patient's consent shall not be necessary to share eval-
36  uation and treatment records between or among treatment facilities re-
37  garding a proposed patient, patient or former patient; as used in this
38  paragraph (13), ``proposed patient'' and ``patient'' shall have the meanings
39  respectively ascribed thereto in K.S.A. 1996 Supp. 59-2946 and amend-
40  ments thereto; or
41    (14)  the name, date of birth, date of death, name of any next of kin
42  and place of residence of a deceased former patient when that informa-
43  tion is sought as part of a genealogical study.; or
SB 240

 1    (15)  any information sought by the state child death review board
 2  pursuant to subsection (c) of K.S.A. 22a-244 and amendments thereto.
 3    (b)  The treatment personnel shall not disclose any information sub-
 4  ject to subsection (a)(3) unless a judge has entered an order finding that
 5  the patient has made such patient's condition an issue of the patient's
 6  claim or defense. The order shall indicate the parties to whom otherwise
 7  confidential information must be disclosed.
 8    Sec. 2.  K.S.A. 1996 Supp. 65-5603 is hereby repealed.
 9    Sec. 3.  This act shall take effect and be in force from and after its
10  publication in the statute book.