Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a22.Sexually violent predators; rights andrules of conduct; definitions.(a) As used in this section:
(1) "Patient" means any individual:
(A) Who is receiving services for mental illness and who is admitted,detained, committed, transferred or placed in the custody of the secretary ofsocial and rehabilitation services under the authority of K.S.A. 22-3219,22-3302, 22-3303, 22-3428a, 22-3429, 22-3430, 59-29a05, 75-5209 and 76-1306,and amendments thereto.
(B) In the custody of the secretary of social and rehabilitation servicesafter being found a sexually violent predator pursuant to K.S.A. 59-29a01 etseq., and amendments thereto, including any sexually violent predatorplaced on transitional release.
(2) "Restraints" means the application of any devices,other than human forcealone, to any part of the body of the patient for the purpose of preventing thepatient fromcausing injury to self or others.
(3) "Seclusion" means the placement of a patient, alone, in a room, where thepatient's freedom to leave is restricted and where the patient is not undercontinuousobservation.
(b) Each patient shall have the following rights:
(1) Upon admission or commitment, be informed orally and in writing of thepatient's rights under this section. Copies of this section shall be postedconspicuouslyin each patient area, and shall be available to the patient's guardian andimmediatefamily.
(2) The right to refuse to perform labor which is of financial benefit to thefacilityin which the patient is receiving treatment or service. Privileges or releasefrom thefacility may not be conditioned upon the performance of any labor which isregulated bythis subsection. Tasks of a personal housekeeping nature are not consideredcompensable labor. Patients may voluntarily engage in therapeutic labor whichis offinancial benefit to the facility if such labor is compensated in accordancewith a planapproved by the department and if:
(A) The specific labor is an integrated part of the patient's treatment planapproved as a therapeutic activity by the professional staff member responsibleforsupervising the patient's treatment;
(B) the labor is supervised by a staff member who is qualified to oversee thetherapeutic aspects of the activity;
(C) the patient has given written informed consent to engage in such laborandhas been informed that such consent may be withdrawn at any time; and
(D) the labor involved is evaluated for its appropriateness by the staff ofthefacility at least once every 120 days.
(3) A right to receive prompt and adequate treatment, rehabilitation andeducational services appropriate for such patient's condition, within thelimits ofavailable state and federal funds.
(4) Have the right to be informed of such patient's treatment and care and toparticipate in the planning of such treatment and care.
(5) Have the following rights, under the following procedures, to refusemedication and treatment:
(A) Have the right to refuse all medication and treatment except as orderedby acourt or in a situation in which the medication or treatment is necessary topreventserious physical harm to the patient or to others. Except when medication ormedical treatment has been ordered by the court or is necessary to preventserious physicalharm to others as evidenced by a recent overt act, attempt or threat to do suchharm, apatient may refuse medications and medical treatment if the patient is a memberof arecognized religious organization and the religious tenets of such organizationprohibitsuch medications and treatment.
(B) Medication may not be used as punishment, for the convenience of staff,asa substitute for a treatment program, or in quantities that interfere with apatient'streatment program.
(C) Patients will have the right to have explained the nature of allmedicationsprescribed, the reason for the prescription and the most common side effectsand, ifrequested, the nature of any other treatments ordered.
(6) Except as provided in paragraph (2), have a right to be free fromphysicalrestraint and seclusion.
(A) Restraints or seclusion shall not be applied to a patient unless it isdetermined by the superintendent of the treatment facility or a physician orlicensedpsychologist to be necessary to prevent immediate substantial bodily injury tothepatient or others and that other alternative methods to prevent such injury arenotsufficient to accomplish this purpose. Restraint or seclusion shall never beused as apunishment or for the convenience of staff. The extent of the restraint orseclusionapplied to the patient shall be the least restrictive measure necessary toprevent suchinjury to the patient or others, and the use of restraint or seclusion in atreatment facilityshall not exceed three hours without medical reevaluation. When restraints orseclusion areapplied, there shall be monitoring of the patient's condition at a frequencydeterminedby the treating physician or licensed psychologist, which shall be no less thanonce pereach 15 minutes. The superintendent of the treatment facility or a physician orlicensedpsychologist shall sign a statement explaining the treatment necessity for theuse of anyrestraint or seclusion and shall make such statement a part of the permanenttreatmentrecord of the patient.
(B) The provisions of clause (A) shall not prevent:
(i) The use of seclusion as part of a treatment methodology that calls fortimeout when the patient is refusing to participate in a treatment or has becomedisruptive ofa treatment process.
(ii) Patients may be restrained for security reasons during transport to orfromthe patient's building, including transport toanothertreatment facility. Any patient committed or transferred to a hospital or otherhealthcare facility for medical care may be isolated for security reasons withinlocked facilitiesin the hospital.
(iii) Patients may be locked or restricted in such patient's room during thenightshift, if such patient resides in a unit in which each room is equipped with atoilet andsink or if the patients who do not have toilets in the rooms shall be given anopportunityto use a toilet at least once every hour, or more frequently if medicallyindicated.
(iv) Patients may be locked in such patient's room for a period of time nolongerthan one hour during each change of shift by staff to permit staff review ofpatientneeds.
(v) Patients may also be locked in such patient's room on a unit-wide orfacility-wide basis as an emergency measure as needed for security purposes todeal with an escape or attempted escape, the discovery of a dangerous weapon inthe unitor facility or the receipt of reliable information that a dangerous weapon isin the unit orfacility, or to prevent or control a riot or the taking of a hostage. Aunit-wide orfacility-wide emergency isolation order may only be authorized by thesuperintendent ofthe facility where the order is applicable or the superintendent's designee. Aunit-wide or facility-wide emergency isolation order shall be approved withinone hourafter it isauthorized by the superintendent or the superintendent's designee. An emergencyorder for unit-wide or facility-wide isolation may only be in effect for theperiod of timeneeded to preserve order while dealing with the situation and may not be usedas asubstitute for adequate staffing. During a period of unit-wide orfacility-wide isolation,the status of each patient shall be reviewed every 30 minutes to ensure thesafety andcomfort of the patient, and each patient who is locked in a room without atoilet shall begiven an opportunity to use a toilet at least once every hour, or morefrequently ifmedically indicated. The facility shall have a written policy covering the useof isolationthat ensures that the dignity of the individual is protected, that the safetyof theindividual is secured, and that there is regular, frequent monitoring bytrained staff tocare for bodily needs as may be required.
(vi) Individual patients who are referred by the court or correctionalfacilities forcriminal evaluations may be placed in administrative confinement for securityreasonsand to maintain proper institutional management when treatment cannot beaddressedthrough routine psychiatric methods. Administrative confinement of individualsshall belimited to only patients that demonstrate or threaten substantial injury toother patientsor staff and when there are no clinical interventions available that will beeffective tomaintain a safe and therapeutic environment for both patients and staff.Administrativeconfinement shall not be used for any patient who is actively psychotic orlikely to bepsychologically harmed. The status of each patient shall be reviewed every 15minutesto ensure the safety and comfort of the patient. The patient shall be affordedall patientrights including being offered a minimum of one hour of supervised opportunityforpersonal hygiene, exercise and to meet other personal needs.
(7) The right not to be subject to such procedures as psychosurgery,electroshock therapy, experimental medication, aversion therapy or hazardoustreatment procedures without the written consent of the patient or the writtenconsent ofa parent or legal guardian, if such patient is a minor or has a legal guardianprovidedthat the guardian has obtained authority to consent to such from the courtwhich hasvenue over the guardianship following a hearing held for that purpose.
(8) The right to individual religious worship within the facility if thepatient desiressuch an opportunity. The provisions for worship shall be available to allpatients on anondiscriminatory basis. No individual may be coerced into engaging in anyreligiousactivities.
(9) A right to a humane psychological and physical environment within thehospitalfacilities. All facilities shall be designed to afford patients with comfortand safety, topromote dignity and ensure privacy. Facilities shall also be designed to make apositivecontribution to the effective attainment of the treatment goals of thehospital.
(10) The right to confidentiality of all treatment records, and as permittedby otherapplicable state or federal laws, have the right to inspect and to receive acopy of suchrecords.
(11) Except as otherwise provided, have a right to not be filmed or taped,unlessthe patient signs an informed and voluntary consent that specificallyauthorizes a namedindividual or group to film or tape the patient for a particular purpose orproject during aspecified time period. The patient may specify in such consent periods duringwhich, orsituations in which, the patient may not be filmed or taped. If a patient islegallyincompetent, such consent shall be granted on behalf of the patient by thepatient'sguardian. A patient may be filmed or taped for security purposes without thepatient'sconsent.
(12) The right to be informed in writing upon or at a reasonable time afteradmission, of any liability that the patient or any of the patient's relativesmay have for thecost of the patient's care and treatment and of the right to receiveinformation aboutcharges for care and treatment services.
(13) The right to be treated with respect and recognition of the patient'sdignity andindividuality by all employees of the treatment facility.
(14) Patients have an unrestricted right to send sealed mail and receivesealed mail to or from legal counsel, the courts, the secretary of social andrehabilitation services, the superintendent of the treatment facility, theagency designated as the developmental disabilities protection and advocacyagency pursuant to P.L. 94-103, as amended, private physicians and licensedpsychologists, and have reasonable access to letter-writing materials.
(15) The right as specified under clause (A) to send and receive sealed mail,subject to the limitations specified under clause (B):
(A) A patient shall also have a right to send sealed mail and receive sealedmail toor from other persons, subject to physical examination in the patient'spresence if there isreason to believe that such communication contains contraband materials orobjects thatthreaten the security of patients or staff. The officers and staff of afacility may not readany mail covered by this clause.
(B) The above rights to send and receive sealed and confidential mail aresubjectto the following limitations:
(i) An officer or employee of the facility at which the patient is placed maydelaydelivery of the mail to the patient for a reasonable period of time to verifywhether theperson named as the sender actually sent the mail; may open the mail andinspect it forcontraband outside the presence of the patient; or may, if the officer or staffmembercannot determine whether the mail contains contraband, return the mail to thesenderalong with notice of the facility mail policy.
(ii) The superintendent of the facility or the superintendent's designeemay, inaccordance with the standards and the procedure under subsection (c) fordenyinga rightfor cause, authorize a member of the facility treatment staff to read the mail,if thesuperintendent or the superintendent'sdesignee has reason to believe that the mail couldpose a threat to security at the facility or seriously interfere with thetreatment, rights, orsafety of the patient or others.
(iii) Residents may be restricted in receiving in the mail items deemed to bepornographic, offensive or which is deemed to jeopardize their individualtreatment or thatof others.
(16) Reasonable access to a telephone to make and receive telephone callswithinreasonable limits.
(17) Be permitted to use and wear such patient's own clothing and personalpossessions, including toilet articles, or be furnished with an adequateallowance of clothesif none are available. Provision shall be made to launder the patient'sclothing.
(18) Be provided a reasonable amount of individual secure storage space forprivate use.
(19) Reasonable protection of privacy in such matters as toileting andbathing.
(20) Be permitted to see a reasonable number of visitors who do not pose athreatto the security or therapeutic climate of other patients or the facility.
(21) The right to present grievances under the procedures established by eachfacility on the patient's own behalf or that of others to the staff orsuperintendent of thetreatment facility without justifiable fear of reprisal and to communicate,subject toparagraph (14), with public officials or with any other person withoutjustifiable fear ofreprisal.
(22) The right to spend such patient's money as such patient chooses, excepttothe extent that authority over the money is held by another, including theparent of a minor,a court-appointed guardian of the patient's estate or a representative payee. Atreatmentfacility may, as a part of its security procedures, use a patient trust accountin lieu ofcurrency that is held by a patient and may establish reasonable policiesgoverning patientaccount transactions.
(c) A patient's rights guaranteed under subsections (b)(15) to (b)(21) may bedeniedfor cause after review by the superintendent of the facility or thesuperintendent'sdesignee, and may be denied when medically or therapeutically contraindicatedasdocumented by the patient's physician or licensed psychologist in the patient'streatmentrecord. The individual shall be informed in writing of the grounds forwithdrawal of the rightand shall have the opportunity for a review of the withdrawal of the right inan informalhearing before the superintendent of the facility or the superintendent'sdesignee. Thereshall be documentation of the grounds for withdrawal of rights in the patient'streatmentrecord. After an informal hearing is held, a patient or such patient'srepresentative maypetition for review of the denial of any right under this subsection throughthe use of thegrievance procedure provided in subsection (d).
(d) The department of social and rehabilitation services shall establishproceduresto assure protection of patients' rights guaranteed under this section.
(e) No person may intentionally retaliate or discriminate against any patientor employee for contacting or providing information to any state official or toan employee of any state protection and advocacy agency, or for initiating,participating in, or testifying in a grievance procedure or in an action forany remedy authorized under this section.
(f) This section shall be a part of and supplemental to article 29a ofchapter 59 of the Kansas Statutes Annotated, and amendments thereto.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a22.Sexually violent predators; rights andrules of conduct; definitions.(a) As used in this section:
(1) "Patient" means any individual:
(A) Who is receiving services for mental illness and who is admitted,detained, committed, transferred or placed in the custody of the secretary ofsocial and rehabilitation services under the authority of K.S.A. 22-3219,22-3302, 22-3303, 22-3428a, 22-3429, 22-3430, 59-29a05, 75-5209 and 76-1306,and amendments thereto.
(B) In the custody of the secretary of social and rehabilitation servicesafter being found a sexually violent predator pursuant to K.S.A. 59-29a01 etseq., and amendments thereto, including any sexually violent predatorplaced on transitional release.
(2) "Restraints" means the application of any devices,other than human forcealone, to any part of the body of the patient for the purpose of preventing thepatient fromcausing injury to self or others.
(3) "Seclusion" means the placement of a patient, alone, in a room, where thepatient's freedom to leave is restricted and where the patient is not undercontinuousobservation.
(b) Each patient shall have the following rights:
(1) Upon admission or commitment, be informed orally and in writing of thepatient's rights under this section. Copies of this section shall be postedconspicuouslyin each patient area, and shall be available to the patient's guardian andimmediatefamily.
(2) The right to refuse to perform labor which is of financial benefit to thefacilityin which the patient is receiving treatment or service. Privileges or releasefrom thefacility may not be conditioned upon the performance of any labor which isregulated bythis subsection. Tasks of a personal housekeeping nature are not consideredcompensable labor. Patients may voluntarily engage in therapeutic labor whichis offinancial benefit to the facility if such labor is compensated in accordancewith a planapproved by the department and if:
(A) The specific labor is an integrated part of the patient's treatment planapproved as a therapeutic activity by the professional staff member responsibleforsupervising the patient's treatment;
(B) the labor is supervised by a staff member who is qualified to oversee thetherapeutic aspects of the activity;
(C) the patient has given written informed consent to engage in such laborandhas been informed that such consent may be withdrawn at any time; and
(D) the labor involved is evaluated for its appropriateness by the staff ofthefacility at least once every 120 days.
(3) A right to receive prompt and adequate treatment, rehabilitation andeducational services appropriate for such patient's condition, within thelimits ofavailable state and federal funds.
(4) Have the right to be informed of such patient's treatment and care and toparticipate in the planning of such treatment and care.
(5) Have the following rights, under the following procedures, to refusemedication and treatment:
(A) Have the right to refuse all medication and treatment except as orderedby acourt or in a situation in which the medication or treatment is necessary topreventserious physical harm to the patient or to others. Except when medication ormedical treatment has been ordered by the court or is necessary to preventserious physicalharm to others as evidenced by a recent overt act, attempt or threat to do suchharm, apatient may refuse medications and medical treatment if the patient is a memberof arecognized religious organization and the religious tenets of such organizationprohibitsuch medications and treatment.
(B) Medication may not be used as punishment, for the convenience of staff,asa substitute for a treatment program, or in quantities that interfere with apatient'streatment program.
(C) Patients will have the right to have explained the nature of allmedicationsprescribed, the reason for the prescription and the most common side effectsand, ifrequested, the nature of any other treatments ordered.
(6) Except as provided in paragraph (2), have a right to be free fromphysicalrestraint and seclusion.
(A) Restraints or seclusion shall not be applied to a patient unless it isdetermined by the superintendent of the treatment facility or a physician orlicensedpsychologist to be necessary to prevent immediate substantial bodily injury tothepatient or others and that other alternative methods to prevent such injury arenotsufficient to accomplish this purpose. Restraint or seclusion shall never beused as apunishment or for the convenience of staff. The extent of the restraint orseclusionapplied to the patient shall be the least restrictive measure necessary toprevent suchinjury to the patient or others, and the use of restraint or seclusion in atreatment facilityshall not exceed three hours without medical reevaluation. When restraints orseclusion areapplied, there shall be monitoring of the patient's condition at a frequencydeterminedby the treating physician or licensed psychologist, which shall be no less thanonce pereach 15 minutes. The superintendent of the treatment facility or a physician orlicensedpsychologist shall sign a statement explaining the treatment necessity for theuse of anyrestraint or seclusion and shall make such statement a part of the permanenttreatmentrecord of the patient.
(B) The provisions of clause (A) shall not prevent:
(i) The use of seclusion as part of a treatment methodology that calls fortimeout when the patient is refusing to participate in a treatment or has becomedisruptive ofa treatment process.
(ii) Patients may be restrained for security reasons during transport to orfromthe patient's building, including transport toanothertreatment facility. Any patient committed or transferred to a hospital or otherhealthcare facility for medical care may be isolated for security reasons withinlocked facilitiesin the hospital.
(iii) Patients may be locked or restricted in such patient's room during thenightshift, if such patient resides in a unit in which each room is equipped with atoilet andsink or if the patients who do not have toilets in the rooms shall be given anopportunityto use a toilet at least once every hour, or more frequently if medicallyindicated.
(iv) Patients may be locked in such patient's room for a period of time nolongerthan one hour during each change of shift by staff to permit staff review ofpatientneeds.
(v) Patients may also be locked in such patient's room on a unit-wide orfacility-wide basis as an emergency measure as needed for security purposes todeal with an escape or attempted escape, the discovery of a dangerous weapon inthe unitor facility or the receipt of reliable information that a dangerous weapon isin the unit orfacility, or to prevent or control a riot or the taking of a hostage. Aunit-wide orfacility-wide emergency isolation order may only be authorized by thesuperintendent ofthe facility where the order is applicable or the superintendent's designee. Aunit-wide or facility-wide emergency isolation order shall be approved withinone hourafter it isauthorized by the superintendent or the superintendent's designee. An emergencyorder for unit-wide or facility-wide isolation may only be in effect for theperiod of timeneeded to preserve order while dealing with the situation and may not be usedas asubstitute for adequate staffing. During a period of unit-wide orfacility-wide isolation,the status of each patient shall be reviewed every 30 minutes to ensure thesafety andcomfort of the patient, and each patient who is locked in a room without atoilet shall begiven an opportunity to use a toilet at least once every hour, or morefrequently ifmedically indicated. The facility shall have a written policy covering the useof isolationthat ensures that the dignity of the individual is protected, that the safetyof theindividual is secured, and that there is regular, frequent monitoring bytrained staff tocare for bodily needs as may be required.
(vi) Individual patients who are referred by the court or correctionalfacilities forcriminal evaluations may be placed in administrative confinement for securityreasonsand to maintain proper institutional management when treatment cannot beaddressedthrough routine psychiatric methods. Administrative confinement of individualsshall belimited to only patients that demonstrate or threaten substantial injury toother patientsor staff and when there are no clinical interventions available that will beeffective tomaintain a safe and therapeutic environment for both patients and staff.Administrativeconfinement shall not be used for any patient who is actively psychotic orlikely to bepsychologically harmed. The status of each patient shall be reviewed every 15minutesto ensure the safety and comfort of the patient. The patient shall be affordedall patientrights including being offered a minimum of one hour of supervised opportunityforpersonal hygiene, exercise and to meet other personal needs.
(7) The right not to be subject to such procedures as psychosurgery,electroshock therapy, experimental medication, aversion therapy or hazardoustreatment procedures without the written consent of the patient or the writtenconsent ofa parent or legal guardian, if such patient is a minor or has a legal guardianprovidedthat the guardian has obtained authority to consent to such from the courtwhich hasvenue over the guardianship following a hearing held for that purpose.
(8) The right to individual religious worship within the facility if thepatient desiressuch an opportunity. The provisions for worship shall be available to allpatients on anondiscriminatory basis. No individual may be coerced into engaging in anyreligiousactivities.
(9) A right to a humane psychological and physical environment within thehospitalfacilities. All facilities shall be designed to afford patients with comfortand safety, topromote dignity and ensure privacy. Facilities shall also be designed to make apositivecontribution to the effective attainment of the treatment goals of thehospital.
(10) The right to confidentiality of all treatment records, and as permittedby otherapplicable state or federal laws, have the right to inspect and to receive acopy of suchrecords.
(11) Except as otherwise provided, have a right to not be filmed or taped,unlessthe patient signs an informed and voluntary consent that specificallyauthorizes a namedindividual or group to film or tape the patient for a particular purpose orproject during aspecified time period. The patient may specify in such consent periods duringwhich, orsituations in which, the patient may not be filmed or taped. If a patient islegallyincompetent, such consent shall be granted on behalf of the patient by thepatient'sguardian. A patient may be filmed or taped for security purposes without thepatient'sconsent.
(12) The right to be informed in writing upon or at a reasonable time afteradmission, of any liability that the patient or any of the patient's relativesmay have for thecost of the patient's care and treatment and of the right to receiveinformation aboutcharges for care and treatment services.
(13) The right to be treated with respect and recognition of the patient'sdignity andindividuality by all employees of the treatment facility.
(14) Patients have an unrestricted right to send sealed mail and receivesealed mail to or from legal counsel, the courts, the secretary of social andrehabilitation services, the superintendent of the treatment facility, theagency designated as the developmental disabilities protection and advocacyagency pursuant to P.L. 94-103, as amended, private physicians and licensedpsychologists, and have reasonable access to letter-writing materials.
(15) The right as specified under clause (A) to send and receive sealed mail,subject to the limitations specified under clause (B):
(A) A patient shall also have a right to send sealed mail and receive sealedmail toor from other persons, subject to physical examination in the patient'spresence if there isreason to believe that such communication contains contraband materials orobjects thatthreaten the security of patients or staff. The officers and staff of afacility may not readany mail covered by this clause.
(B) The above rights to send and receive sealed and confidential mail aresubjectto the following limitations:
(i) An officer or employee of the facility at which the patient is placed maydelaydelivery of the mail to the patient for a reasonable period of time to verifywhether theperson named as the sender actually sent the mail; may open the mail andinspect it forcontraband outside the presence of the patient; or may, if the officer or staffmembercannot determine whether the mail contains contraband, return the mail to thesenderalong with notice of the facility mail policy.
(ii) The superintendent of the facility or the superintendent's designeemay, inaccordance with the standards and the procedure under subsection (c) fordenyinga rightfor cause, authorize a member of the facility treatment staff to read the mail,if thesuperintendent or the superintendent'sdesignee has reason to believe that the mail couldpose a threat to security at the facility or seriously interfere with thetreatment, rights, orsafety of the patient or others.
(iii) Residents may be restricted in receiving in the mail items deemed to bepornographic, offensive or which is deemed to jeopardize their individualtreatment or thatof others.
(16) Reasonable access to a telephone to make and receive telephone callswithinreasonable limits.
(17) Be permitted to use and wear such patient's own clothing and personalpossessions, including toilet articles, or be furnished with an adequateallowance of clothesif none are available. Provision shall be made to launder the patient'sclothing.
(18) Be provided a reasonable amount of individual secure storage space forprivate use.
(19) Reasonable protection of privacy in such matters as toileting andbathing.
(20) Be permitted to see a reasonable number of visitors who do not pose athreatto the security or therapeutic climate of other patients or the facility.
(21) The right to present grievances under the procedures established by eachfacility on the patient's own behalf or that of others to the staff orsuperintendent of thetreatment facility without justifiable fear of reprisal and to communicate,subject toparagraph (14), with public officials or with any other person withoutjustifiable fear ofreprisal.
(22) The right to spend such patient's money as such patient chooses, excepttothe extent that authority over the money is held by another, including theparent of a minor,a court-appointed guardian of the patient's estate or a representative payee. Atreatmentfacility may, as a part of its security procedures, use a patient trust accountin lieu ofcurrency that is held by a patient and may establish reasonable policiesgoverning patientaccount transactions.
(c) A patient's rights guaranteed under subsections (b)(15) to (b)(21) may bedeniedfor cause after review by the superintendent of the facility or thesuperintendent'sdesignee, and may be denied when medically or therapeutically contraindicatedasdocumented by the patient's physician or licensed psychologist in the patient'streatmentrecord. The individual shall be informed in writing of the grounds forwithdrawal of the rightand shall have the opportunity for a review of the withdrawal of the right inan informalhearing before the superintendent of the facility or the superintendent'sdesignee. Thereshall be documentation of the grounds for withdrawal of rights in the patient'streatmentrecord. After an informal hearing is held, a patient or such patient'srepresentative maypetition for review of the denial of any right under this subsection throughthe use of thegrievance procedure provided in subsection (d).
(d) The department of social and rehabilitation services shall establishproceduresto assure protection of patients' rights guaranteed under this section.
(e) No person may intentionally retaliate or discriminate against any patientor employee for contacting or providing information to any state official or toan employee of any state protection and advocacy agency, or for initiating,participating in, or testifying in a grievance procedure or in an action forany remedy authorized under this section.
(f) This section shall be a part of and supplemental to article 29a ofchapter 59 of the Kansas Statutes Annotated, and amendments thereto.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a22.Sexually violent predators; rights andrules of conduct; definitions.(a) As used in this section:
(1) "Patient" means any individual:
(A) Who is receiving services for mental illness and who is admitted,detained, committed, transferred or placed in the custody of the secretary ofsocial and rehabilitation services under the authority of K.S.A. 22-3219,22-3302, 22-3303, 22-3428a, 22-3429, 22-3430, 59-29a05, 75-5209 and 76-1306,and amendments thereto.
(B) In the custody of the secretary of social and rehabilitation servicesafter being found a sexually violent predator pursuant to K.S.A. 59-29a01 etseq., and amendments thereto, including any sexually violent predatorplaced on transitional release.
(2) "Restraints" means the application of any devices,other than human forcealone, to any part of the body of the patient for the purpose of preventing thepatient fromcausing injury to self or others.
(3) "Seclusion" means the placement of a patient, alone, in a room, where thepatient's freedom to leave is restricted and where the patient is not undercontinuousobservation.
(b) Each patient shall have the following rights:
(1) Upon admission or commitment, be informed orally and in writing of thepatient's rights under this section. Copies of this section shall be postedconspicuouslyin each patient area, and shall be available to the patient's guardian andimmediatefamily.
(2) The right to refuse to perform labor which is of financial benefit to thefacilityin which the patient is receiving treatment or service. Privileges or releasefrom thefacility may not be conditioned upon the performance of any labor which isregulated bythis subsection. Tasks of a personal housekeeping nature are not consideredcompensable labor. Patients may voluntarily engage in therapeutic labor whichis offinancial benefit to the facility if such labor is compensated in accordancewith a planapproved by the department and if:
(A) The specific labor is an integrated part of the patient's treatment planapproved as a therapeutic activity by the professional staff member responsibleforsupervising the patient's treatment;
(B) the labor is supervised by a staff member who is qualified to oversee thetherapeutic aspects of the activity;
(C) the patient has given written informed consent to engage in such laborandhas been informed that such consent may be withdrawn at any time; and
(D) the labor involved is evaluated for its appropriateness by the staff ofthefacility at least once every 120 days.
(3) A right to receive prompt and adequate treatment, rehabilitation andeducational services appropriate for such patient's condition, within thelimits ofavailable state and federal funds.
(4) Have the right to be informed of such patient's treatment and care and toparticipate in the planning of such treatment and care.
(5) Have the following rights, under the following procedures, to refusemedication and treatment:
(A) Have the right to refuse all medication and treatment except as orderedby acourt or in a situation in which the medication or treatment is necessary topreventserious physical harm to the patient or to others. Except when medication ormedical treatment has been ordered by the court or is necessary to preventserious physicalharm to others as evidenced by a recent overt act, attempt or threat to do suchharm, apatient may refuse medications and medical treatment if the patient is a memberof arecognized religious organization and the religious tenets of such organizationprohibitsuch medications and treatment.
(B) Medication may not be used as punishment, for the convenience of staff,asa substitute for a treatment program, or in quantities that interfere with apatient'streatment program.
(C) Patients will have the right to have explained the nature of allmedicationsprescribed, the reason for the prescription and the most common side effectsand, ifrequested, the nature of any other treatments ordered.
(6) Except as provided in paragraph (2), have a right to be free fromphysicalrestraint and seclusion.
(A) Restraints or seclusion shall not be applied to a patient unless it isdetermined by the superintendent of the treatment facility or a physician orlicensedpsychologist to be necessary to prevent immediate substantial bodily injury tothepatient or others and that other alternative methods to prevent such injury arenotsufficient to accomplish this purpose. Restraint or seclusion shall never beused as apunishment or for the convenience of staff. The extent of the restraint orseclusionapplied to the patient shall be the least restrictive measure necessary toprevent suchinjury to the patient or others, and the use of restraint or seclusion in atreatment facilityshall not exceed three hours without medical reevaluation. When restraints orseclusion areapplied, there shall be monitoring of the patient's condition at a frequencydeterminedby the treating physician or licensed psychologist, which shall be no less thanonce pereach 15 minutes. The superintendent of the treatment facility or a physician orlicensedpsychologist shall sign a statement explaining the treatment necessity for theuse of anyrestraint or seclusion and shall make such statement a part of the permanenttreatmentrecord of the patient.
(B) The provisions of clause (A) shall not prevent:
(i) The use of seclusion as part of a treatment methodology that calls fortimeout when the patient is refusing to participate in a treatment or has becomedisruptive ofa treatment process.
(ii) Patients may be restrained for security reasons during transport to orfromthe patient's building, including transport toanothertreatment facility. Any patient committed or transferred to a hospital or otherhealthcare facility for medical care may be isolated for security reasons withinlocked facilitiesin the hospital.
(iii) Patients may be locked or restricted in such patient's room during thenightshift, if such patient resides in a unit in which each room is equipped with atoilet andsink or if the patients who do not have toilets in the rooms shall be given anopportunityto use a toilet at least once every hour, or more frequently if medicallyindicated.
(iv) Patients may be locked in such patient's room for a period of time nolongerthan one hour during each change of shift by staff to permit staff review ofpatientneeds.
(v) Patients may also be locked in such patient's room on a unit-wide orfacility-wide basis as an emergency measure as needed for security purposes todeal with an escape or attempted escape, the discovery of a dangerous weapon inthe unitor facility or the receipt of reliable information that a dangerous weapon isin the unit orfacility, or to prevent or control a riot or the taking of a hostage. Aunit-wide orfacility-wide emergency isolation order may only be authorized by thesuperintendent ofthe facility where the order is applicable or the superintendent's designee. Aunit-wide or facility-wide emergency isolation order shall be approved withinone hourafter it isauthorized by the superintendent or the superintendent's designee. An emergencyorder for unit-wide or facility-wide isolation may only be in effect for theperiod of timeneeded to preserve order while dealing with the situation and may not be usedas asubstitute for adequate staffing. During a period of unit-wide orfacility-wide isolation,the status of each patient shall be reviewed every 30 minutes to ensure thesafety andcomfort of the patient, and each patient who is locked in a room without atoilet shall begiven an opportunity to use a toilet at least once every hour, or morefrequently ifmedically indicated. The facility shall have a written policy covering the useof isolationthat ensures that the dignity of the individual is protected, that the safetyof theindividual is secured, and that there is regular, frequent monitoring bytrained staff tocare for bodily needs as may be required.
(vi) Individual patients who are referred by the court or correctionalfacilities forcriminal evaluations may be placed in administrative confinement for securityreasonsand to maintain proper institutional management when treatment cannot beaddressedthrough routine psychiatric methods. Administrative confinement of individualsshall belimited to only patients that demonstrate or threaten substantial injury toother patientsor staff and when there are no clinical interventions available that will beeffective tomaintain a safe and therapeutic environment for both patients and staff.Administrativeconfinement shall not be used for any patient who is actively psychotic orlikely to bepsychologically harmed. The status of each patient shall be reviewed every 15minutesto ensure the safety and comfort of the patient. The patient shall be affordedall patientrights including being offered a minimum of one hour of supervised opportunityforpersonal hygiene, exercise and to meet other personal needs.
(7) The right not to be subject to such procedures as psychosurgery,electroshock therapy, experimental medication, aversion therapy or hazardoustreatment procedures without the written consent of the patient or the writtenconsent ofa parent or legal guardian, if such patient is a minor or has a legal guardianprovidedthat the guardian has obtained authority to consent to such from the courtwhich hasvenue over the guardianship following a hearing held for that purpose.
(8) The right to individual religious worship within the facility if thepatient desiressuch an opportunity. The provisions for worship shall be available to allpatients on anondiscriminatory basis. No individual may be coerced into engaging in anyreligiousactivities.
(9) A right to a humane psychological and physical environment within thehospitalfacilities. All facilities shall be designed to afford patients with comfortand safety, topromote dignity and ensure privacy. Facilities shall also be designed to make apositivecontribution to the effective attainment of the treatment goals of thehospital.
(10) The right to confidentiality of all treatment records, and as permittedby otherapplicable state or federal laws, have the right to inspect and to receive acopy of suchrecords.
(11) Except as otherwise provided, have a right to not be filmed or taped,unlessthe patient signs an informed and voluntary consent that specificallyauthorizes a namedindividual or group to film or tape the patient for a particular purpose orproject during aspecified time period. The patient may specify in such consent periods duringwhich, orsituations in which, the patient may not be filmed or taped. If a patient islegallyincompetent, such consent shall be granted on behalf of the patient by thepatient'sguardian. A patient may be filmed or taped for security purposes without thepatient'sconsent.
(12) The right to be informed in writing upon or at a reasonable time afteradmission, of any liability that the patient or any of the patient's relativesmay have for thecost of the patient's care and treatment and of the right to receiveinformation aboutcharges for care and treatment services.
(13) The right to be treated with respect and recognition of the patient'sdignity andindividuality by all employees of the treatment facility.
(14) Patients have an unrestricted right to send sealed mail and receivesealed mail to or from legal counsel, the courts, the secretary of social andrehabilitation services, the superintendent of the treatment facility, theagency designated as the developmental disabilities protection and advocacyagency pursuant to P.L. 94-103, as amended, private physicians and licensedpsychologists, and have reasonable access to letter-writing materials.
(15) The right as specified under clause (A) to send and receive sealed mail,subject to the limitations specified under clause (B):
(A) A patient shall also have a right to send sealed mail and receive sealedmail toor from other persons, subject to physical examination in the patient'spresence if there isreason to believe that such communication contains contraband materials orobjects thatthreaten the security of patients or staff. The officers and staff of afacility may not readany mail covered by this clause.
(B) The above rights to send and receive sealed and confidential mail aresubjectto the following limitations:
(i) An officer or employee of the facility at which the patient is placed maydelaydelivery of the mail to the patient for a reasonable period of time to verifywhether theperson named as the sender actually sent the mail; may open the mail andinspect it forcontraband outside the presence of the patient; or may, if the officer or staffmembercannot determine whether the mail contains contraband, return the mail to thesenderalong with notice of the facility mail policy.
(ii) The superintendent of the facility or the superintendent's designeemay, inaccordance with the standards and the procedure under subsection (c) fordenyinga rightfor cause, authorize a member of the facility treatment staff to read the mail,if thesuperintendent or the superintendent'sdesignee has reason to believe that the mail couldpose a threat to security at the facility or seriously interfere with thetreatment, rights, orsafety of the patient or others.
(iii) Residents may be restricted in receiving in the mail items deemed to bepornographic, offensive or which is deemed to jeopardize their individualtreatment or thatof others.
(16) Reasonable access to a telephone to make and receive telephone callswithinreasonable limits.
(17) Be permitted to use and wear such patient's own clothing and personalpossessions, including toilet articles, or be furnished with an adequateallowance of clothesif none are available. Provision shall be made to launder the patient'sclothing.
(18) Be provided a reasonable amount of individual secure storage space forprivate use.
(19) Reasonable protection of privacy in such matters as toileting andbathing.
(20) Be permitted to see a reasonable number of visitors who do not pose athreatto the security or therapeutic climate of other patients or the facility.
(21) The right to present grievances under the procedures established by eachfacility on the patient's own behalf or that of others to the staff orsuperintendent of thetreatment facility without justifiable fear of reprisal and to communicate,subject toparagraph (14), with public officials or with any other person withoutjustifiable fear ofreprisal.
(22) The right to spend such patient's money as such patient chooses, excepttothe extent that authority over the money is held by another, including theparent of a minor,a court-appointed guardian of the patient's estate or a representative payee. Atreatmentfacility may, as a part of its security procedures, use a patient trust accountin lieu ofcurrency that is held by a patient and may establish reasonable policiesgoverning patientaccount transactions.
(c) A patient's rights guaranteed under subsections (b)(15) to (b)(21) may bedeniedfor cause after review by the superintendent of the facility or thesuperintendent'sdesignee, and may be denied when medically or therapeutically contraindicatedasdocumented by the patient's physician or licensed psychologist in the patient'streatmentrecord. The individual shall be informed in writing of the grounds forwithdrawal of the rightand shall have the opportunity for a review of the withdrawal of the right inan informalhearing before the superintendent of the facility or the superintendent'sdesignee. Thereshall be documentation of the grounds for withdrawal of rights in the patient'streatmentrecord. After an informal hearing is held, a patient or such patient'srepresentative maypetition for review of the denial of any right under this subsection throughthe use of thegrievance procedure provided in subsection (d).
(d) The department of social and rehabilitation services shall establishproceduresto assure protection of patients' rights guaranteed under this section.
(e) No person may intentionally retaliate or discriminate against any patientor employee for contacting or providing information to any state official or toan employee of any state protection and advocacy agency, or for initiating,participating in, or testifying in a grievance procedure or in an action forany remedy authorized under this section.
(f) This section shall be a part of and supplemental to article 29a ofchapter 59 of the Kansas Statutes Annotated, and amendments thereto.
