Session of 2000
By Committee on Judiciary

  9             AN  ACT concerning the Kansas administrative procedure act; abuse, ne-
10             glect or exploitation of adults; relating to investigations by the depart-
11             ment of health and environment; amending K.S.A. 1999 Supp. 39-1411
12             and repealing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 39-1411 is hereby amended to read as
16       follows: 39-1411. (a) The secretary of health and environment shall main-
17       tain a register of the reports received and investigated by the department
18       of health and environment under K.S.A. 39-1402 and 39-1403, and
19       amendments to such sections, and the findings, evaluations and actions
20       recommended by the department with respect to such reports. The find-
21       ings, evaluations and actions shall be subject to such notice and appeals
22       procedures as may be adopted by rules and regulations of the secretary
23       of health and environment, which rules and regulations shall be consistent
24       with the Kansas administrative procedures act and any requirements of
25       state or federal law relating thereto except that the secretary shall not be
26       required to conduct a hearing in cases forwarded to the appropriate state
27       authority under subsection (b). The register shall be available for inspec-
28       tion by personnel of the department of health and environment as spec-
29       ified by the secretary of health and environment and to such other persons
30       as may be required by federal law and designated by the secretary of
31       health and environment by rules and regulations. Information from the
32       register shall be provided as specified in K.S.A. 1999 Supp. 65-6205 and
33       amendments thereto. The secretary of health and environment shall for-
34       ward a copy of any report of abuse, neglect or exploitation of a resident
35       of an adult care home to the secretary of aging.
36             (b) The secretary of health and environment shall forward any finding
37       of abuse, neglect or exploitation alleged to be committed by a provider
38       of services licensed, registered or otherwise authorized to provide services
39       in this state to the appropriate state authority which regulates such pro-
40       vider. The appropriate state regulatory authority, after notice to the al-
41       leged perpetrator and a hearing on such matter if requested by the alleged
42       perpetrator, may consider the finding in any disciplinary action taken with
43       respect to the provider of services under the jurisdiction of such authority.


  1       The secretary of health and environment may consider the finding of
  2       abuse, neglect or exploitation in any licensing action taken with respect
  3       to any adult care home or medical care facility under the jurisdiction of
  4       the secretary.
  5             (c) If the investigation of the department of health and environment
  6       indicates reason to believe that the resident is in need of protective serv-
  7       ices, that finding and all information relating to that finding shall be for-
  8       warded by the secretary of health and environment to the secretary of
  9       social and rehabilitation services.
10             (d) Except as otherwise provided in this section, the report received
11       by the department of health and environment and the written findings,
12       evaluations and actions recommended shall be confidential and shall not
13       be subject to the open records act. Except as otherwise provided in this
14       section, the name of the person making the original report to the de-
15       partment of health and environment or any person mentioned in such
16       report shall not be disclosed unless such person specifically requests or
17       agrees in writing to such disclosure or unless a judicial or administrative
18       proceeding results therefrom. In the event that an administrative or ju-
19       dicial action arises, no use of the information shall be made until the
20       judge or presiding officer makes a specific finding, in writing, after a
21       hearing, that under all the circumstances the need for the information
22       outweighs the need for confidentiality. Except as otherwise provided in
23       this section, no information contained in the register shall be made avail-
24       able to the public in such a manner as to identify individuals. 
25       Sec.  2. K.S.A. 1999 Supp. 39-1411 is hereby repealed.
26        Sec.  3. This act shall take effect and be in force from and after its
27       publication in the statute book.