Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2972.Transfer by secretary of social andrehabilitation services.(a) The secretary of socialand rehabilitationservices or the secretary's designee may transfer any patientfrom any state psychiatric hospital under the secretary's controlto any other state psychiatric hospital whenever the secretary orthe secretary's designee considers it to be in the best interestsof the patient. Except in the case of an emergency, thepatient's spouse or nearest relative or legal guardian, if onehas been appointed, shall be notified of the transfer, and noticeshall be sent to the committing court not less than 14 daysbefore the proposed transfer. The notice shall name the hospitalto which the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer.
(b) The secretary ofsocial and rehabilitation services orthe designee of the secretary may transfer any involuntarypatient from any state psychiatric hospital to any stateinstitution for the mentally retarded whenever the secretary ofsocial and rehabilitation services or the designee of thesecretary considers it to be in the best interests of thepatient. Any patient transferred as provided for in thissubsection shall remain subject to the same statutory provisionsas were applicable at the psychiatric hospital from which thepatient was transferred and in addition thereto shall abide byand be subject to all the rules and regulations of theretardation institution to which the patient has beentransferred. Except in the case of an emergency, the patient'sspouse or nearest relative or legal guardian, if one has beenappointed, shall be notified of the transfer, and notice shall besent to the committing court not less than 14 days before theproposed transfer. The notice shall name the institution towhich the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer. No patient shall be transferredfrom a state psychiatric hospital to a state institution for thementally retarded unless the superintendent of the receivinginstitution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 andamendments thereto, that the patient is mentally retarded and in need of careand training and that placement in the institution is the least restrictivealternative available. Nothing in this subsection shall prevent the secretaryof social and rehabilitation services or the designee of the secretary fromallowing a patient at a state psychiatric hospital to be admittedas a voluntary resident to a state institution for the mentallyretarded, or from then discharging such person from the statepsychiatric hospital pursuant to K.S.A. 59-2973 and amendmentsthereto, as may be appropriate.
History: L. 1996, ch. 167, § 28;L. 1997, ch. 152, § 11;L. 1998, ch. 134, § 51; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2972.Transfer by secretary of social andrehabilitation services.(a) The secretary of socialand rehabilitationservices or the secretary's designee may transfer any patientfrom any state psychiatric hospital under the secretary's controlto any other state psychiatric hospital whenever the secretary orthe secretary's designee considers it to be in the best interestsof the patient. Except in the case of an emergency, thepatient's spouse or nearest relative or legal guardian, if onehas been appointed, shall be notified of the transfer, and noticeshall be sent to the committing court not less than 14 daysbefore the proposed transfer. The notice shall name the hospitalto which the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer.
(b) The secretary ofsocial and rehabilitation services orthe designee of the secretary may transfer any involuntarypatient from any state psychiatric hospital to any stateinstitution for the mentally retarded whenever the secretary ofsocial and rehabilitation services or the designee of thesecretary considers it to be in the best interests of thepatient. Any patient transferred as provided for in thissubsection shall remain subject to the same statutory provisionsas were applicable at the psychiatric hospital from which thepatient was transferred and in addition thereto shall abide byand be subject to all the rules and regulations of theretardation institution to which the patient has beentransferred. Except in the case of an emergency, the patient'sspouse or nearest relative or legal guardian, if one has beenappointed, shall be notified of the transfer, and notice shall besent to the committing court not less than 14 days before theproposed transfer. The notice shall name the institution towhich the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer. No patient shall be transferredfrom a state psychiatric hospital to a state institution for thementally retarded unless the superintendent of the receivinginstitution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 andamendments thereto, that the patient is mentally retarded and in need of careand training and that placement in the institution is the least restrictivealternative available. Nothing in this subsection shall prevent the secretaryof social and rehabilitation services or the designee of the secretary fromallowing a patient at a state psychiatric hospital to be admittedas a voluntary resident to a state institution for the mentallyretarded, or from then discharging such person from the statepsychiatric hospital pursuant to K.S.A. 59-2973 and amendmentsthereto, as may be appropriate.
History: L. 1996, ch. 167, § 28;L. 1997, ch. 152, § 11;L. 1998, ch. 134, § 51; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2972.Transfer by secretary of social andrehabilitation services.(a) The secretary of socialand rehabilitationservices or the secretary's designee may transfer any patientfrom any state psychiatric hospital under the secretary's controlto any other state psychiatric hospital whenever the secretary orthe secretary's designee considers it to be in the best interestsof the patient. Except in the case of an emergency, thepatient's spouse or nearest relative or legal guardian, if onehas been appointed, shall be notified of the transfer, and noticeshall be sent to the committing court not less than 14 daysbefore the proposed transfer. The notice shall name the hospitalto which the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer.
(b) The secretary ofsocial and rehabilitation services orthe designee of the secretary may transfer any involuntarypatient from any state psychiatric hospital to any stateinstitution for the mentally retarded whenever the secretary ofsocial and rehabilitation services or the designee of thesecretary considers it to be in the best interests of thepatient. Any patient transferred as provided for in thissubsection shall remain subject to the same statutory provisionsas were applicable at the psychiatric hospital from which thepatient was transferred and in addition thereto shall abide byand be subject to all the rules and regulations of theretardation institution to which the patient has beentransferred. Except in the case of an emergency, the patient'sspouse or nearest relative or legal guardian, if one has beenappointed, shall be notified of the transfer, and notice shall besent to the committing court not less than 14 days before theproposed transfer. The notice shall name the institution towhich the patient is proposed to be transferred to and statethat, upon request of the spouse or nearest relative or legalguardian, an opportunity for a hearing on the proposed transferwill be provided by the secretary of social and rehabilitationservices prior to such transfer. No patient shall be transferredfrom a state psychiatric hospital to a state institution for thementally retarded unless the superintendent of the receivinginstitution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 andamendments thereto, that the patient is mentally retarded and in need of careand training and that placement in the institution is the least restrictivealternative available. Nothing in this subsection shall prevent the secretaryof social and rehabilitation services or the designee of the secretary fromallowing a patient at a state psychiatric hospital to be admittedas a voluntary resident to a state institution for the mentallyretarded, or from then discharging such person from the statepsychiatric hospital pursuant to K.S.A. 59-2973 and amendmentsthereto, as may be appropriate.
History: L. 1996, ch. 167, § 28;L. 1997, ch. 152, § 11;L. 1998, ch. 134, § 51; July 1.
