Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2946.Definitions.When used in the care and treatment act formentally ill persons:
(a) "Discharge" means the final and complete release fromtreatment, by either the head of atreatment facility acting pursuant toK.S.A. 59-2950 and amendmentsthereto or by anorder of a court issued pursuant toK.S.A. 59-2973 and amendmentsthereto.
(b) "Head of a treatment facility" means the administrativedirector of a treatment facility or such person's designee.
(c) "Law enforcement officer"shall have the meaning ascribed to it in K.S.A. 22-2202, and amendmentsthereto.
(d) (1) "Mental health center" means any community mentalhealth center organized pursuant to the provisions of K.S.A. 19-4001 through19-4015 and amendments thereto, or mental healthclinic organized pursuant to the provisions of K.S.A. 65-211through 65-215 and amendments thereto, or a mental health clinicorganized as a not-for-profit or a for-profit corporationpursuant to K.S.A. 17-1701 through 17-1775 and amendments theretoor K.S.A. 17-6001 through 17-6010 and amendments thereto, andlicensed in accordance with the provisions of K.S.A. 75-3307b andamendments thereto.
(2) "Participating mental health center" means a mentalhealth center which has entered into a contract with thesecretary of social and rehabilitation services pursuant to theprovisions of K.S.A. 39-1601 through 39-1612 and amendmentsthereto.
(e) "Mentally ill person" means any person who is sufferingfrom amental disorder which is manifested by a clinically significant behavioral orpsychological syndrome or pattern and associated with either a painful symptomor an impairment in one or more important areas of functioning, and involvingsubstantial behavioral, psychological or biological dysfunction, to the extentthat the person is in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitmentfor care and treatment" means a mentally ill person, as defined in subsection(e),who also lacks capacity to make an informed decisionconcerning treatment, is likely to cause harm to self or others,and whose diagnosis is not solely one of the following mentaldisorders: Alcohol or chemical substance abuse; antisocialpersonality disorder; mental retardation; organic personalitysyndrome; or an organic mental disorder.
(2) "Lacks capacity to make an informed decision concerningtreatment" means that the person, by reason of the person'smental disorder, is unable, despite conscientiousefforts at explanation, to understand basically the nature andeffects of hospitalization or treatment or is unable to engage ina rational decision-making process regarding hospitalization ortreatment, as evidenced by an inability to weigh the possiblerisks and benefits.
(3) "Likely to cause harm to self or others" means that theperson, by reason of the person's mental disorder: (a) Is likely, in thereasonably foreseeable future, tocause substantial physical injury or physical abuse to self orothers or substantial damage to another's property, as evidencedby behavior threatening, attempting or causing such injury, abuseor damage; except that if the harm threatened, attempted orcaused is only harm to the property of another, the harm must beof such a value and extent that the state's interest inprotecting the property from such harm outweighs the person'sinterest in personal liberty; or (b) is substantially unable,except for reason of indigency, to provide for any of theperson's basic needs, such as food, clothing, shelter, health orsafety, causing a substantial deterioration of the person'sability to function on the person's own.
No person who is being treated by prayer in the practice ofthe religion of any church which teaches reliance on spiritualmeans alone through prayer for healing shall be determined to bea mentally ill person subject to involuntary commitment for careand treatment under this act unless substantial evidence isproduced upon which the district court finds that the proposedpatient is likely in the reasonably foreseeable future to causesubstantial physical injury or physical abuse to self or othersor substantial damage to another's property, as evidenced bybehavior threatening, attempting or causing such injury, abuse ordamage; except that if the harm threatened, attempted or causedis only harm to the property of another, the harm must be of sucha value and extent that the state's interest in protecting theproperty from such harm outweighs the person's interest inpersonal liberty.
(g) "Patient" means a person who is a voluntary patient, aproposed patient or an involuntary patient.
(1) "Voluntary patient" means a person who is receivingtreatment at a treatment facility pursuant toK.S.A. 59-2949 andamendments thereto.
(2) "Proposed patient" means a person for whom a petitionpursuant toK.S.A. 59-2952 or 59-2957 andamendments theretohas been filed.
(3) "Involuntary patient" means a person who is receivingtreatment under order of a court or a person admitted anddetained by a treatment facility pursuant to an application filedpursuant to subsection (b) or (c) ofK.S.A. 59-2954 and amendmentsthereto.
(h) "Physician" means a person licensed to practicemedicine and surgery as provided for in the Kansas healing artsact or a person who is employed by a state psychiatric hospitalor by an agency of the United States and who is authorized by lawto practice medicine and surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, asdefined by K.S.A. 74-5302 and amendments thereto.
(j) "Qualified mental health professional" means aphysician or psychologist who is employed by a participatingmental health center or who is providing services as a physicianor psychologist under a contract with a participating mentalhealth center, a licensed masters level psychologist, a licensed clinicalpsychotherapist, alicensed marriage and family therapist, a licensed clinical marriage andfamily therapist, a licensed professional counselor, a licensed clinicalprofessional counselor, alicensed specialist social worker or a licensed master socialworker or a registered nurse who has a specialty in psychiatricnursing, who is employed by a participating mental health centerand who is acting under the direction of a physician orpsychologist who is employed by, or under contract with, aparticipating mental health center.
(1) "Direction" means monitoring and oversight includingregular, periodic evaluation of services.
(2) "Licensed master social worker" means a person licensedas a master social worker by the behavioral sciences regulatoryboard under K.S.A. 65-6301 through 65-6318 and amendmentsthereto.
(3) "Licensed specialist social worker" means a personlicensed in a social work practice specialty by the behavioralsciences regulatory board under K.S.A. 65-6301 through 65-6318and amendments thereto.
(4) "Licensed masters level psychologist" means a person licensed as alicensed masters levelpsychologist by thebehavioral sciences regulatory board under K.S.A. 74-5361 through74-5373 and amendments thereto.
(5) "Registered nurse" means a person licensed as aregistered professional nurse by the board of nursing underK.S.A. 65-1113 through 65-1164 and amendments thereto.
(k) "Secretary" means the secretary of social andrehabilitation services.
(l) "State psychiatric hospital" means Larned statehospital, Osawatomie state hospital, Rainbow mental healthfacility or Topeka state hospital.
(m) "Treatment" means any service intended to promote the mental health ofthe patient and rendered by a qualified professional, licensed or certified bythe state to provide such service as an independent practitioner or under thesupervision of such practitioner.
(n) "Treatment facility" means any mental health center orclinic, psychiatric unit of a medical care facility, statepsychiatric hospital, psychologist, physician or otherinstitution or person authorized or licensed by law to provideeither inpatient or outpatient treatment to any patient.
(o) The terms defined inK.S.A. 59-3051 andamendmentsthereto shall have the meanings provided by that section.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2946.Definitions.When used in the care and treatment act formentally ill persons:
(a) "Discharge" means the final and complete release fromtreatment, by either the head of atreatment facility acting pursuant toK.S.A. 59-2950 and amendmentsthereto or by anorder of a court issued pursuant toK.S.A. 59-2973 and amendmentsthereto.
(b) "Head of a treatment facility" means the administrativedirector of a treatment facility or such person's designee.
(c) "Law enforcement officer"shall have the meaning ascribed to it in K.S.A. 22-2202, and amendmentsthereto.
(d) (1) "Mental health center" means any community mentalhealth center organized pursuant to the provisions of K.S.A. 19-4001 through19-4015 and amendments thereto, or mental healthclinic organized pursuant to the provisions of K.S.A. 65-211through 65-215 and amendments thereto, or a mental health clinicorganized as a not-for-profit or a for-profit corporationpursuant to K.S.A. 17-1701 through 17-1775 and amendments theretoor K.S.A. 17-6001 through 17-6010 and amendments thereto, andlicensed in accordance with the provisions of K.S.A. 75-3307b andamendments thereto.
(2) "Participating mental health center" means a mentalhealth center which has entered into a contract with thesecretary of social and rehabilitation services pursuant to theprovisions of K.S.A. 39-1601 through 39-1612 and amendmentsthereto.
(e) "Mentally ill person" means any person who is sufferingfrom amental disorder which is manifested by a clinically significant behavioral orpsychological syndrome or pattern and associated with either a painful symptomor an impairment in one or more important areas of functioning, and involvingsubstantial behavioral, psychological or biological dysfunction, to the extentthat the person is in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitmentfor care and treatment" means a mentally ill person, as defined in subsection(e),who also lacks capacity to make an informed decisionconcerning treatment, is likely to cause harm to self or others,and whose diagnosis is not solely one of the following mentaldisorders: Alcohol or chemical substance abuse; antisocialpersonality disorder; mental retardation; organic personalitysyndrome; or an organic mental disorder.
(2) "Lacks capacity to make an informed decision concerningtreatment" means that the person, by reason of the person'smental disorder, is unable, despite conscientiousefforts at explanation, to understand basically the nature andeffects of hospitalization or treatment or is unable to engage ina rational decision-making process regarding hospitalization ortreatment, as evidenced by an inability to weigh the possiblerisks and benefits.
(3) "Likely to cause harm to self or others" means that theperson, by reason of the person's mental disorder: (a) Is likely, in thereasonably foreseeable future, tocause substantial physical injury or physical abuse to self orothers or substantial damage to another's property, as evidencedby behavior threatening, attempting or causing such injury, abuseor damage; except that if the harm threatened, attempted orcaused is only harm to the property of another, the harm must beof such a value and extent that the state's interest inprotecting the property from such harm outweighs the person'sinterest in personal liberty; or (b) is substantially unable,except for reason of indigency, to provide for any of theperson's basic needs, such as food, clothing, shelter, health orsafety, causing a substantial deterioration of the person'sability to function on the person's own.
No person who is being treated by prayer in the practice ofthe religion of any church which teaches reliance on spiritualmeans alone through prayer for healing shall be determined to bea mentally ill person subject to involuntary commitment for careand treatment under this act unless substantial evidence isproduced upon which the district court finds that the proposedpatient is likely in the reasonably foreseeable future to causesubstantial physical injury or physical abuse to self or othersor substantial damage to another's property, as evidenced bybehavior threatening, attempting or causing such injury, abuse ordamage; except that if the harm threatened, attempted or causedis only harm to the property of another, the harm must be of sucha value and extent that the state's interest in protecting theproperty from such harm outweighs the person's interest inpersonal liberty.
(g) "Patient" means a person who is a voluntary patient, aproposed patient or an involuntary patient.
(1) "Voluntary patient" means a person who is receivingtreatment at a treatment facility pursuant toK.S.A. 59-2949 andamendments thereto.
(2) "Proposed patient" means a person for whom a petitionpursuant toK.S.A. 59-2952 or 59-2957 andamendments theretohas been filed.
(3) "Involuntary patient" means a person who is receivingtreatment under order of a court or a person admitted anddetained by a treatment facility pursuant to an application filedpursuant to subsection (b) or (c) ofK.S.A. 59-2954 and amendmentsthereto.
(h) "Physician" means a person licensed to practicemedicine and surgery as provided for in the Kansas healing artsact or a person who is employed by a state psychiatric hospitalor by an agency of the United States and who is authorized by lawto practice medicine and surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, asdefined by K.S.A. 74-5302 and amendments thereto.
(j) "Qualified mental health professional" means aphysician or psychologist who is employed by a participatingmental health center or who is providing services as a physicianor psychologist under a contract with a participating mentalhealth center, a licensed masters level psychologist, a licensed clinicalpsychotherapist, alicensed marriage and family therapist, a licensed clinical marriage andfamily therapist, a licensed professional counselor, a licensed clinicalprofessional counselor, alicensed specialist social worker or a licensed master socialworker or a registered nurse who has a specialty in psychiatricnursing, who is employed by a participating mental health centerand who is acting under the direction of a physician orpsychologist who is employed by, or under contract with, aparticipating mental health center.
(1) "Direction" means monitoring and oversight includingregular, periodic evaluation of services.
(2) "Licensed master social worker" means a person licensedas a master social worker by the behavioral sciences regulatoryboard under K.S.A. 65-6301 through 65-6318 and amendmentsthereto.
(3) "Licensed specialist social worker" means a personlicensed in a social work practice specialty by the behavioralsciences regulatory board under K.S.A. 65-6301 through 65-6318and amendments thereto.
(4) "Licensed masters level psychologist" means a person licensed as alicensed masters levelpsychologist by thebehavioral sciences regulatory board under K.S.A. 74-5361 through74-5373 and amendments thereto.
(5) "Registered nurse" means a person licensed as aregistered professional nurse by the board of nursing underK.S.A. 65-1113 through 65-1164 and amendments thereto.
(k) "Secretary" means the secretary of social andrehabilitation services.
(l) "State psychiatric hospital" means Larned statehospital, Osawatomie state hospital, Rainbow mental healthfacility or Topeka state hospital.
(m) "Treatment" means any service intended to promote the mental health ofthe patient and rendered by a qualified professional, licensed or certified bythe state to provide such service as an independent practitioner or under thesupervision of such practitioner.
(n) "Treatment facility" means any mental health center orclinic, psychiatric unit of a medical care facility, statepsychiatric hospital, psychologist, physician or otherinstitution or person authorized or licensed by law to provideeither inpatient or outpatient treatment to any patient.
(o) The terms defined inK.S.A. 59-3051 andamendmentsthereto shall have the meanings provided by that section.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2946.Definitions.When used in the care and treatment act formentally ill persons:
(a) "Discharge" means the final and complete release fromtreatment, by either the head of atreatment facility acting pursuant toK.S.A. 59-2950 and amendmentsthereto or by anorder of a court issued pursuant toK.S.A. 59-2973 and amendmentsthereto.
(b) "Head of a treatment facility" means the administrativedirector of a treatment facility or such person's designee.
(c) "Law enforcement officer"shall have the meaning ascribed to it in K.S.A. 22-2202, and amendmentsthereto.
(d) (1) "Mental health center" means any community mentalhealth center organized pursuant to the provisions of K.S.A. 19-4001 through19-4015 and amendments thereto, or mental healthclinic organized pursuant to the provisions of K.S.A. 65-211through 65-215 and amendments thereto, or a mental health clinicorganized as a not-for-profit or a for-profit corporationpursuant to K.S.A. 17-1701 through 17-1775 and amendments theretoor K.S.A. 17-6001 through 17-6010 and amendments thereto, andlicensed in accordance with the provisions of K.S.A. 75-3307b andamendments thereto.
(2) "Participating mental health center" means a mentalhealth center which has entered into a contract with thesecretary of social and rehabilitation services pursuant to theprovisions of K.S.A. 39-1601 through 39-1612 and amendmentsthereto.
(e) "Mentally ill person" means any person who is sufferingfrom amental disorder which is manifested by a clinically significant behavioral orpsychological syndrome or pattern and associated with either a painful symptomor an impairment in one or more important areas of functioning, and involvingsubstantial behavioral, psychological or biological dysfunction, to the extentthat the person is in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitmentfor care and treatment" means a mentally ill person, as defined in subsection(e),who also lacks capacity to make an informed decisionconcerning treatment, is likely to cause harm to self or others,and whose diagnosis is not solely one of the following mentaldisorders: Alcohol or chemical substance abuse; antisocialpersonality disorder; mental retardation; organic personalitysyndrome; or an organic mental disorder.
(2) "Lacks capacity to make an informed decision concerningtreatment" means that the person, by reason of the person'smental disorder, is unable, despite conscientiousefforts at explanation, to understand basically the nature andeffects of hospitalization or treatment or is unable to engage ina rational decision-making process regarding hospitalization ortreatment, as evidenced by an inability to weigh the possiblerisks and benefits.
(3) "Likely to cause harm to self or others" means that theperson, by reason of the person's mental disorder: (a) Is likely, in thereasonably foreseeable future, tocause substantial physical injury or physical abuse to self orothers or substantial damage to another's property, as evidencedby behavior threatening, attempting or causing such injury, abuseor damage; except that if the harm threatened, attempted orcaused is only harm to the property of another, the harm must beof such a value and extent that the state's interest inprotecting the property from such harm outweighs the person'sinterest in personal liberty; or (b) is substantially unable,except for reason of indigency, to provide for any of theperson's basic needs, such as food, clothing, shelter, health orsafety, causing a substantial deterioration of the person'sability to function on the person's own.
No person who is being treated by prayer in the practice ofthe religion of any church which teaches reliance on spiritualmeans alone through prayer for healing shall be determined to bea mentally ill person subject to involuntary commitment for careand treatment under this act unless substantial evidence isproduced upon which the district court finds that the proposedpatient is likely in the reasonably foreseeable future to causesubstantial physical injury or physical abuse to self or othersor substantial damage to another's property, as evidenced bybehavior threatening, attempting or causing such injury, abuse ordamage; except that if the harm threatened, attempted or causedis only harm to the property of another, the harm must be of sucha value and extent that the state's interest in protecting theproperty from such harm outweighs the person's interest inpersonal liberty.
(g) "Patient" means a person who is a voluntary patient, aproposed patient or an involuntary patient.
(1) "Voluntary patient" means a person who is receivingtreatment at a treatment facility pursuant toK.S.A. 59-2949 andamendments thereto.
(2) "Proposed patient" means a person for whom a petitionpursuant toK.S.A. 59-2952 or 59-2957 andamendments theretohas been filed.
(3) "Involuntary patient" means a person who is receivingtreatment under order of a court or a person admitted anddetained by a treatment facility pursuant to an application filedpursuant to subsection (b) or (c) ofK.S.A. 59-2954 and amendmentsthereto.
(h) "Physician" means a person licensed to practicemedicine and surgery as provided for in the Kansas healing artsact or a person who is employed by a state psychiatric hospitalor by an agency of the United States and who is authorized by lawto practice medicine and surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, asdefined by K.S.A. 74-5302 and amendments thereto.
(j) "Qualified mental health professional" means aphysician or psychologist who is employed by a participatingmental health center or who is providing services as a physicianor psychologist under a contract with a participating mentalhealth center, a licensed masters level psychologist, a licensed clinicalpsychotherapist, alicensed marriage and family therapist, a licensed clinical marriage andfamily therapist, a licensed professional counselor, a licensed clinicalprofessional counselor, alicensed specialist social worker or a licensed master socialworker or a registered nurse who has a specialty in psychiatricnursing, who is employed by a participating mental health centerand who is acting under the direction of a physician orpsychologist who is employed by, or under contract with, aparticipating mental health center.
(1) "Direction" means monitoring and oversight includingregular, periodic evaluation of services.
(2) "Licensed master social worker" means a person licensedas a master social worker by the behavioral sciences regulatoryboard under K.S.A. 65-6301 through 65-6318 and amendmentsthereto.
(3) "Licensed specialist social worker" means a personlicensed in a social work practice specialty by the behavioralsciences regulatory board under K.S.A. 65-6301 through 65-6318and amendments thereto.
(4) "Licensed masters level psychologist" means a person licensed as alicensed masters levelpsychologist by thebehavioral sciences regulatory board under K.S.A. 74-5361 through74-5373 and amendments thereto.
(5) "Registered nurse" means a person licensed as aregistered professional nurse by the board of nursing underK.S.A. 65-1113 through 65-1164 and amendments thereto.
(k) "Secretary" means the secretary of social andrehabilitation services.
(l) "State psychiatric hospital" means Larned statehospital, Osawatomie state hospital, Rainbow mental healthfacility or Topeka state hospital.
(m) "Treatment" means any service intended to promote the mental health ofthe patient and rendered by a qualified professional, licensed or certified bythe state to provide such service as an independent practitioner or under thesupervision of such practitioner.
(n) "Treatment facility" means any mental health center orclinic, psychiatric unit of a medical care facility, statepsychiatric hospital, psychologist, physician or otherinstitution or person authorized or licensed by law to provideeither inpatient or outpatient treatment to any patient.
(o) The terms defined inK.S.A. 59-3051 andamendmentsthereto shall have the meanings provided by that section.
