Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2979.Disclosure of records.(a) The district court records, and anytreatment records or medical records of any patient or formerpatient that are in the possession of any district court ortreatment facility shall be privileged and shall not be disclosedexcept:
(1) Upon the written consent of (A) the patient or formerpatient, if an adult who has no legal guardian; (B) the patient'sor former patient's legal guardian, if one has been appointed; or(C) a parent, if the patient or former patient is under 18 yearsof age, except that a patient or former patient who is 14 or moreyears of age and who was voluntarily admitted upon their ownapplication made pursuant to subsection (b)(2)(B) ofK.S.A. 59-2949and amendments thereto shall have capacity to consent to release oftheir records without parental consent. The head of any treatmentfacility who has the records may refuse to disclose portions ofsuch records if the head of the treatment facility states inwriting that such disclosure will be injurious to the welfare ofthe patient or former patient.
(2) Upon the sole consent of the head of the treatmentfacility who has the records if the head of the treatmentfacility makes a written determination that such disclosure isnecessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for ascholarly study, but the head of the treatment facility shallrequire, before such disclosure is made, a pledge from any stateor national accreditation agency or scholarly investigator thatsuch agency or investigator will not disclose the name of anypatient or former patient to any person not otherwise authorizedby law to receive such information.
(4) Upon the order of any court of record after adetermination has been made by the court issuing the order thatsuch records are necessary for the conduct of proceedings beforethe court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or writtenrequest of any attorney representing the patient, or formerpatient.
(6) To appropriate administrative or professional staff ofthe department of corrections whenever patients have beenadministratively transferred to the state security hospital orother state psychiatric hospitals pursuant to the provisions ofK.S.A. 75-5209 and amendments thereto. The patient's or formerpatient's consent shall not be necessary to release informationto the department of corrections.
(7) To the state central repository at the Kansas bureau of investigationfor use only in determining eligibility to purchase and possess firearms orqualifications for licensure pursuant to the personal and family protectionact.
(8) To the commission on judicial performance in the discharge of thecommission's duties pursuant to article 32 of chapter 20 of the Kansas StatutesAnnotated, and amendments thereto.
(9) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through65-5605, inclusive, and amendments thereto are applicable totreatment records or medical records of any patient or formerpatient, the provisions of K.S.A. 65-5601 through 65-5605,inclusive, and amendments thereto shall control the dispositionof information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1996, ch. 167, § 35;L. 2007, ch. 166, § 2;L. 2008, ch. 145, § 10; May 22.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2979.Disclosure of records.(a) The district court records, and anytreatment records or medical records of any patient or formerpatient that are in the possession of any district court ortreatment facility shall be privileged and shall not be disclosedexcept:
(1) Upon the written consent of (A) the patient or formerpatient, if an adult who has no legal guardian; (B) the patient'sor former patient's legal guardian, if one has been appointed; or(C) a parent, if the patient or former patient is under 18 yearsof age, except that a patient or former patient who is 14 or moreyears of age and who was voluntarily admitted upon their ownapplication made pursuant to subsection (b)(2)(B) ofK.S.A. 59-2949and amendments thereto shall have capacity to consent to release oftheir records without parental consent. The head of any treatmentfacility who has the records may refuse to disclose portions ofsuch records if the head of the treatment facility states inwriting that such disclosure will be injurious to the welfare ofthe patient or former patient.
(2) Upon the sole consent of the head of the treatmentfacility who has the records if the head of the treatmentfacility makes a written determination that such disclosure isnecessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for ascholarly study, but the head of the treatment facility shallrequire, before such disclosure is made, a pledge from any stateor national accreditation agency or scholarly investigator thatsuch agency or investigator will not disclose the name of anypatient or former patient to any person not otherwise authorizedby law to receive such information.
(4) Upon the order of any court of record after adetermination has been made by the court issuing the order thatsuch records are necessary for the conduct of proceedings beforethe court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or writtenrequest of any attorney representing the patient, or formerpatient.
(6) To appropriate administrative or professional staff ofthe department of corrections whenever patients have beenadministratively transferred to the state security hospital orother state psychiatric hospitals pursuant to the provisions ofK.S.A. 75-5209 and amendments thereto. The patient's or formerpatient's consent shall not be necessary to release informationto the department of corrections.
(7) To the state central repository at the Kansas bureau of investigationfor use only in determining eligibility to purchase and possess firearms orqualifications for licensure pursuant to the personal and family protectionact.
(8) To the commission on judicial performance in the discharge of thecommission's duties pursuant to article 32 of chapter 20 of the Kansas StatutesAnnotated, and amendments thereto.
(9) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through65-5605, inclusive, and amendments thereto are applicable totreatment records or medical records of any patient or formerpatient, the provisions of K.S.A. 65-5601 through 65-5605,inclusive, and amendments thereto shall control the dispositionof information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1996, ch. 167, § 35;L. 2007, ch. 166, § 2;L. 2008, ch. 145, § 10; May 22.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2979.Disclosure of records.(a) The district court records, and anytreatment records or medical records of any patient or formerpatient that are in the possession of any district court ortreatment facility shall be privileged and shall not be disclosedexcept:
(1) Upon the written consent of (A) the patient or formerpatient, if an adult who has no legal guardian; (B) the patient'sor former patient's legal guardian, if one has been appointed; or(C) a parent, if the patient or former patient is under 18 yearsof age, except that a patient or former patient who is 14 or moreyears of age and who was voluntarily admitted upon their ownapplication made pursuant to subsection (b)(2)(B) ofK.S.A. 59-2949and amendments thereto shall have capacity to consent to release oftheir records without parental consent. The head of any treatmentfacility who has the records may refuse to disclose portions ofsuch records if the head of the treatment facility states inwriting that such disclosure will be injurious to the welfare ofthe patient or former patient.
(2) Upon the sole consent of the head of the treatmentfacility who has the records if the head of the treatmentfacility makes a written determination that such disclosure isnecessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for ascholarly study, but the head of the treatment facility shallrequire, before such disclosure is made, a pledge from any stateor national accreditation agency or scholarly investigator thatsuch agency or investigator will not disclose the name of anypatient or former patient to any person not otherwise authorizedby law to receive such information.
(4) Upon the order of any court of record after adetermination has been made by the court issuing the order thatsuch records are necessary for the conduct of proceedings beforethe court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or writtenrequest of any attorney representing the patient, or formerpatient.
(6) To appropriate administrative or professional staff ofthe department of corrections whenever patients have beenadministratively transferred to the state security hospital orother state psychiatric hospitals pursuant to the provisions ofK.S.A. 75-5209 and amendments thereto. The patient's or formerpatient's consent shall not be necessary to release informationto the department of corrections.
(7) To the state central repository at the Kansas bureau of investigationfor use only in determining eligibility to purchase and possess firearms orqualifications for licensure pursuant to the personal and family protectionact.
(8) To the commission on judicial performance in the discharge of thecommission's duties pursuant to article 32 of chapter 20 of the Kansas StatutesAnnotated, and amendments thereto.
(9) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through65-5605, inclusive, and amendments thereto are applicable totreatment records or medical records of any patient or formerpatient, the provisions of K.S.A. 65-5601 through 65-5605,inclusive, and amendments thereto shall control the dispositionof information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1996, ch. 167, § 35;L. 2007, ch. 166, § 2;L. 2008, ch. 145, § 10; May 22.
