Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1401.Abuse, neglect or exploitation ofresidents; definitions.As used in this act:
(a) "Resident" means:
(1) Any resident, as defined by K.S.A. 39-923 and amendments thereto; or
(2) any individual kept, cared for, treated, boarded or otherwiseaccommodated in a medical care facility; or
(3) any individual, kept, cared for, treated, boarded or otherwiseaccommodated in a state psychiatric hospital or state institution for thementally retarded.
(b) "Adult care home" has the meaning ascribed thereto in K.S.A. 39-923and amendments thereto.
(c) "In need of protective services" means that a resident is unable toperform or obtain services which are necessary to maintain physical or mentalhealth, or both.
(d) "Services which are necessary to maintain physical and mentalhealth" include, but are not limited to, the provision of medical carefor physical and mental health needs, the relocation of a resident to afacility or institution able to offer such care, assistance in personalhygiene, food, clothing, adequately heated and ventilated shelter,protection from health and safety hazards, protection from maltreatmentthe result of which includes, but is not limited to, malnutrition,deprivation of necessities or physical punishment and transportationnecessary to secure any of the above stated needs, except that this termshall not include taking such person into custody without consent,except as provided in this act.
(e) "Protective services" means services provided by the state or othergovernmental agency or any private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protective servicesshall include, but not be limited to, evaluation of the need for services,assistance in obtaining appropriate social services and assistance in securingmedical and legal services.
(f) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or whenthe other person knows or should know that the resident is incapable ofresisting or declining consent to the sexual act due to mental deficiency ordisease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the resident or anotherresident;
(5) a threat or menacing conduct directed toward a resident that results ormight reasonably be expected to result in fear or emotional or mental distressto a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(g) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to provide goods or services which arereasonably necessary to ensure safety and well-being and to avoid physical ormental harm or illness.
(h) "Caretaker" means a person or institution who has assumed theresponsibility, whether legally or not, for the care of the residentvoluntarily, by contract or by order of a court of competent jurisdiction.
(i) "Exploitation" means misappropriation of resident property orintentionally taking unfair advantage of an adult's physical or financialresources for another individual's personal or financial advantage by the useof undue influence, coercion, harassment, duress, deception, falserepresentation or false pretense by a caretaker or another person.
(j) "Medical care facility" means a facility licensed under K.S.A. 65-425et seq. and amendments thereto but shall not include, for purposesof this act, a state psychiatric hospital or state institution for thementally retarded, including Larned state hospital, Osawatomie statehospital and Rainbow mental health facility, Kansasneurological institute and Parsons state hospital and training center.
(k) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, a resident, takes,secretes, or appropriates the resident's money or property, to any use orpurpose not in the due and lawful execution of such person's trust.
(l) "State psychiatric hospital" means Larned state hospital, Osawatomiestate hospital and Rainbow mental health facility.
(m) "State institution for the mentally retarded" means Kansas neurologicalinstitute and Parsons state hospital and training center.
(n) "Report" means a description or accounting of an incident or incidents ofabuse, neglect or exploitation under this act and for the purposes of this actshall not include any written assessment or findings.
(o) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes and investigate criminalacts, whether that duty extends to all crimes or is limited to specific crimes.
(p) "Legal representative" means an agent designated in adurable power of attorney, power of attorney or durable power of attorney forhealth care decisions or a court appointed guardian, conservator ortrustee.
(q) "Financial institution" means any bank, trust company,escrow company, finance company, saving institution or credit union, charteredand supervised under state or federal law.
(r) "Governmental assistance provider" means an agency, oremployee of such agency, which is funded solely or in part to provideassistance within the Kansas senior care act, K.S.A. 75-5926 etseq., and amendments thereto, including medicaid and medicare.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1980, ch. 124, § 1; L. 1983, ch. 149, § 1;L. 1989, ch. 128, § 1; L. 1990, ch. 153, § 1;L. 1998, ch. 200, § 4;L. 2003, ch. 91, § 2; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1401.Abuse, neglect or exploitation ofresidents; definitions.As used in this act:
(a) "Resident" means:
(1) Any resident, as defined by K.S.A. 39-923 and amendments thereto; or
(2) any individual kept, cared for, treated, boarded or otherwiseaccommodated in a medical care facility; or
(3) any individual, kept, cared for, treated, boarded or otherwiseaccommodated in a state psychiatric hospital or state institution for thementally retarded.
(b) "Adult care home" has the meaning ascribed thereto in K.S.A. 39-923and amendments thereto.
(c) "In need of protective services" means that a resident is unable toperform or obtain services which are necessary to maintain physical or mentalhealth, or both.
(d) "Services which are necessary to maintain physical and mentalhealth" include, but are not limited to, the provision of medical carefor physical and mental health needs, the relocation of a resident to afacility or institution able to offer such care, assistance in personalhygiene, food, clothing, adequately heated and ventilated shelter,protection from health and safety hazards, protection from maltreatmentthe result of which includes, but is not limited to, malnutrition,deprivation of necessities or physical punishment and transportationnecessary to secure any of the above stated needs, except that this termshall not include taking such person into custody without consent,except as provided in this act.
(e) "Protective services" means services provided by the state or othergovernmental agency or any private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protective servicesshall include, but not be limited to, evaluation of the need for services,assistance in obtaining appropriate social services and assistance in securingmedical and legal services.
(f) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or whenthe other person knows or should know that the resident is incapable ofresisting or declining consent to the sexual act due to mental deficiency ordisease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the resident or anotherresident;
(5) a threat or menacing conduct directed toward a resident that results ormight reasonably be expected to result in fear or emotional or mental distressto a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(g) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to provide goods or services which arereasonably necessary to ensure safety and well-being and to avoid physical ormental harm or illness.
(h) "Caretaker" means a person or institution who has assumed theresponsibility, whether legally or not, for the care of the residentvoluntarily, by contract or by order of a court of competent jurisdiction.
(i) "Exploitation" means misappropriation of resident property orintentionally taking unfair advantage of an adult's physical or financialresources for another individual's personal or financial advantage by the useof undue influence, coercion, harassment, duress, deception, falserepresentation or false pretense by a caretaker or another person.
(j) "Medical care facility" means a facility licensed under K.S.A. 65-425et seq. and amendments thereto but shall not include, for purposesof this act, a state psychiatric hospital or state institution for thementally retarded, including Larned state hospital, Osawatomie statehospital and Rainbow mental health facility, Kansasneurological institute and Parsons state hospital and training center.
(k) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, a resident, takes,secretes, or appropriates the resident's money or property, to any use orpurpose not in the due and lawful execution of such person's trust.
(l) "State psychiatric hospital" means Larned state hospital, Osawatomiestate hospital and Rainbow mental health facility.
(m) "State institution for the mentally retarded" means Kansas neurologicalinstitute and Parsons state hospital and training center.
(n) "Report" means a description or accounting of an incident or incidents ofabuse, neglect or exploitation under this act and for the purposes of this actshall not include any written assessment or findings.
(o) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes and investigate criminalacts, whether that duty extends to all crimes or is limited to specific crimes.
(p) "Legal representative" means an agent designated in adurable power of attorney, power of attorney or durable power of attorney forhealth care decisions or a court appointed guardian, conservator ortrustee.
(q) "Financial institution" means any bank, trust company,escrow company, finance company, saving institution or credit union, charteredand supervised under state or federal law.
(r) "Governmental assistance provider" means an agency, oremployee of such agency, which is funded solely or in part to provideassistance within the Kansas senior care act, K.S.A. 75-5926 etseq., and amendments thereto, including medicaid and medicare.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1980, ch. 124, § 1; L. 1983, ch. 149, § 1;L. 1989, ch. 128, § 1; L. 1990, ch. 153, § 1;L. 1998, ch. 200, § 4;L. 2003, ch. 91, § 2; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1401.Abuse, neglect or exploitation ofresidents; definitions.As used in this act:
(a) "Resident" means:
(1) Any resident, as defined by K.S.A. 39-923 and amendments thereto; or
(2) any individual kept, cared for, treated, boarded or otherwiseaccommodated in a medical care facility; or
(3) any individual, kept, cared for, treated, boarded or otherwiseaccommodated in a state psychiatric hospital or state institution for thementally retarded.
(b) "Adult care home" has the meaning ascribed thereto in K.S.A. 39-923and amendments thereto.
(c) "In need of protective services" means that a resident is unable toperform or obtain services which are necessary to maintain physical or mentalhealth, or both.
(d) "Services which are necessary to maintain physical and mentalhealth" include, but are not limited to, the provision of medical carefor physical and mental health needs, the relocation of a resident to afacility or institution able to offer such care, assistance in personalhygiene, food, clothing, adequately heated and ventilated shelter,protection from health and safety hazards, protection from maltreatmentthe result of which includes, but is not limited to, malnutrition,deprivation of necessities or physical punishment and transportationnecessary to secure any of the above stated needs, except that this termshall not include taking such person into custody without consent,except as provided in this act.
(e) "Protective services" means services provided by the state or othergovernmental agency or any private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protective servicesshall include, but not be limited to, evaluation of the need for services,assistance in obtaining appropriate social services and assistance in securingmedical and legal services.
(f) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or whenthe other person knows or should know that the resident is incapable ofresisting or declining consent to the sexual act due to mental deficiency ordisease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the resident or anotherresident;
(5) a threat or menacing conduct directed toward a resident that results ormight reasonably be expected to result in fear or emotional or mental distressto a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(g) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to provide goods or services which arereasonably necessary to ensure safety and well-being and to avoid physical ormental harm or illness.
(h) "Caretaker" means a person or institution who has assumed theresponsibility, whether legally or not, for the care of the residentvoluntarily, by contract or by order of a court of competent jurisdiction.
(i) "Exploitation" means misappropriation of resident property orintentionally taking unfair advantage of an adult's physical or financialresources for another individual's personal or financial advantage by the useof undue influence, coercion, harassment, duress, deception, falserepresentation or false pretense by a caretaker or another person.
(j) "Medical care facility" means a facility licensed under K.S.A. 65-425et seq. and amendments thereto but shall not include, for purposesof this act, a state psychiatric hospital or state institution for thementally retarded, including Larned state hospital, Osawatomie statehospital and Rainbow mental health facility, Kansasneurological institute and Parsons state hospital and training center.
(k) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, a resident, takes,secretes, or appropriates the resident's money or property, to any use orpurpose not in the due and lawful execution of such person's trust.
(l) "State psychiatric hospital" means Larned state hospital, Osawatomiestate hospital and Rainbow mental health facility.
(m) "State institution for the mentally retarded" means Kansas neurologicalinstitute and Parsons state hospital and training center.
(n) "Report" means a description or accounting of an incident or incidents ofabuse, neglect or exploitation under this act and for the purposes of this actshall not include any written assessment or findings.
(o) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes and investigate criminalacts, whether that duty extends to all crimes or is limited to specific crimes.
(p) "Legal representative" means an agent designated in adurable power of attorney, power of attorney or durable power of attorney forhealth care decisions or a court appointed guardian, conservator ortrustee.
(q) "Financial institution" means any bank, trust company,escrow company, finance company, saving institution or credit union, charteredand supervised under state or federal law.
(r) "Governmental assistance provider" means an agency, oremployee of such agency, which is funded solely or in part to provideassistance within the Kansas senior care act, K.S.A. 75-5926 etseq., and amendments thereto, including medicaid and medicare.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1980, ch. 124, § 1; L. 1983, ch. 149, § 1;L. 1989, ch. 128, § 1; L. 1990, ch. 153, § 1;L. 1998, ch. 200, § 4;L. 2003, ch. 91, § 2; July 1.
