Session of 2000
By Senator Salmans

10             AN  ACT concerning the behavioral sciences regulatory board; relating
11             to professions regulated by the board; relating to confidential com-
12             munications; repealing K.S.A. 65-6315, as amended by section 15 of
13             chapter 117 of the 1999 Session Laws of Kansas, and 74-5323, as
14             amended by section 28 of chapter 117 of the 1999 Session Laws of
15             Kansas, and K.S.A. 1998 Supp. 65-5810, as amended by section 9 of
16             chapter 117 of the 1999 Session Laws of Kansas, and K.S.A. 1998 Supp.
17             65-6410, as amended by section 23 of chapter 117 of the 1999 Session
18             Laws of Kansas, and K.S.A. 1998 Supp. 74-5372, as amended by sec-
19             tion 36 of chapter 117 of the 1999 Session Laws of Kansas.
21       Be it enacted by the Legislature of the State of Kansas:
22             Section  1. (a) As used in this section:
23             (1) "Client" means a person who consults or is examined, inter-
24       viewed, diagnosed or treated by a licensee.
25             (2) "Licensee" means any person licensed by the behavioral sciences
26       regulatory board who receives a confidential communication from a client
27       if such communication was not intended to be disclosed to third persons.
28             (3) "Ancillary personnel" means any employee of a licensee who is not
29       included in the definition of licensee.
30             (b) A client of a licensee has a privilege to prevent a licensee or an-
31       cillary personnel from testifying or otherwise disclosing that the client has
32       been or is currently receiving treatment or from testifying or otherwise
33       disclosing any confidential communications made for the purposes of con-
34       sultation, examination, interview, diagnosis or treatment of the client's
35       mental, alcoholic, drug dependency or emotional condition.
36             (c) The privilege extends to individual, family or group therapy under
37       the direction or supervision of the licensee and includes members of the
38       client's family. The privilege may be claimed by the client, by the client's
39       guardian or conservator or by the personal representative of a deceased
40       client. The licensee shall claim the privilege on behalf of the client unless
41       the client has made a written waiver of the privilege and provided the
42       licensee with a copy of such waiver or unless one of the exceptions pro-
43       vided by subsection (e) is applicable.


  1             (d) Confidential communications shall extend to those persons pres-
  2       ent to further the interests of the client in the consultation, examination,
  3       interview, diagnosis or treatment; ancillary personnel; persons who are
  4       participating in the consultation, examination, interview, diagnosis and
  5       treatment under the direction or supervision of the licensee, including
  6       members of the client's family; and any other persons who the client
  7       reasonably believes needs the communication to assist in the client's con-
  8       sultation, examination, interview, diagnosis or treatment.
  9             (e) The privilege established by subsections (b) and (c) shall not ex-
10       tend to:
11             (1) Any communication relevant to an issue in proceedings to invol-
12       untarily commit to treatment a client for mental illness, alcoholism or
13       drug dependency if the licensee in the course of diagnosis or treatment
14       has determined that the client is in need of hospitalization;
15             (2) an order for examination of the mental, alcoholic, drug depend-
16       ency or emotional condition of the client which is entered by a judge,
17       with respect to the particular purpose for which the examination is or-
18       dered, except the privilege shall extend to the nondisclosure of any in-
19       formation which would incriminate or implicate a client of a criminal act
20       except if such criminal act is specified in subparagraph (e)(4);
21             (3) any proceeding in which the client relies upon any of the afore-
22       mentioned conditions as an element of the client's claim or defense, or,
23       after the client's death, in any proceeding in which any party relies upon
24       any of the client's conditions as an element of a claim or defense;
25             (4) any communication which forms the substance of information
26       which the licensee or the client is required by law to report to a public
27       official, which shall include, but not be limited to, child abuse pursuant
28       to K.S.A. 38-1522, and amendments thereto, and adult abuse pursuant to
29       article 14 of chapter 39 of the Kansas Statutes Annotated, and amend-
30       ments thereto, unless the statute requiring the report or record specifi-
31       cally provides that the information shall not be disclosed;
32             (5) any information necessary for the emergency treatment of a client
33       or former client if the licensee states in writing the reasons for disclosure
34       of the communication and makes such statement a part of the treatment
35       or medical record of the client;
36             (6) information relevant to protect a person who has been threatened
37       with substantial physical harm by a client during the course of treatment,
38       when such person has been specifically identified by the client, the li-
39       censee believes there is substantial likelihood that the client will act on
40       such threat in the reasonable foreseeable future and the licensee has
41       concluded that notification should be given. The client shall be notified
42       that such information has been communicated;
43             (7) any information to the client or former client, except that the


  1       licensee may refuse to disclose portions of such records if the licensee
  2       states in writing that such disclosure will be inadvisable or injurious to
  3       the welfare of the client or former client;
  4             (8) any information to any state or national accreditation or certifi-
  5       cation or licensing authority, but the licensee shall require, before such
  6       disclosure is made, a pledge that the name of any client or former client
  7       shall not be disclosed to any person not otherwise authorized by law to
  8       receive such information;
  9             (9) any information to the Kansas advocacy protective services, inc.
10       which concerns individuals who reside in a treatment facility and which
11       is required by federal law and federal rules and regulations to be available
12       pursuant to a federal grant-in-aid program;
13             (10) any information relevant to the collection of a bill for profes-
14       sional services rendered by a licensee;
15             (11) any information sought by a coroner serving under the laws of
16       Kansas when such information is material to an investigation or proceed-
17       ing conducted by the coroner in the performance of such coroner's official
18       duties. Information obtained by a coroner under this provision shall be
19       used for official purposes only and shall not be made public unless ad-
20       mitted as evidence by a court or for purposes of performing the coroner's
21       statutory duties;
22             (12) any communication and information between or among treat-
23       ment facilities regarding a proposed client, client or former client of such
24       treatment facility for purposes of promoting continuity of care between
25       the state psychiatric hospitals and the community mental health centers;
26       the consent of the proposed client, client or former client of such treat-
27       ment facility shall not be necessary to share evaluation and treatment
28       records between or among treatment facilities regarding a proposed cli-
29       ent, client or former client of such treatment facility; as used in this par-
30       agraph, "proposed client" and "client" shall have the meanings respec-
31       tively ascribed thereto in K.S.A. 1999 Supp. 59-2946 and amendments
32       thereto; or
33             (13) any communication or information relevant to investigation or
34       adjudication of an alleged violation of the act, or rules and regulations
35       adopted thereunder, under which the licensee practices.
36             (f) The licensee shall not disclose any information subject to subsec-
37       tion (e)(3) unless a judge has entered an order finding that the client has
38       made such client's condition an issue of the client's claim or defense. The
39       order shall prohibit the parties from disclosing otherwise confidential in-
40       formation to any other person.
41             (g) Nothing in this section or in this act shall be construed to prohibit
42       any licensee from testifying in court hearings concerning matters of adult
43       abuse, adoption, child abuse, child neglect, or other matters pertaining


  1       to the welfare of children or from seeking collaboration or consultation
  2       with professional colleagues or administrative superiors, or both, on be-
  3       half of the client. 
  4       Sec.  2. K.S.A. 65-6315, as amended by section 15 of chapter 117 of
  5       the 1999 Session Laws of Kansas, and 74-5323, as amended by section
  6       28 of chapter 117 of the 1999 Session Laws of Kansas, and K.S.A. 1998
  7       Supp. 65-5810, as amended by section 9 of chapter 117 of the 1999 Ses-
  8       sion Laws of Kansas, and K.S.A. 1998 Supp. 65-6410, as amended by
  9       section 23 of chapter 117 of the 1999 Session Laws of Kansas, and K.S.A.
10       1998 Supp. 74-5372, as amended by section 36 of chapter 117 of the 1999
11       Session Laws of Kansas are hereby repealed.
12        Sec  3. This act shall take effect and be in force from and after its
13       publication in the statute book.