State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29b > Statutes_23731

59-29b76

Chapter 59.--PROBATE CODE
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM

      59-29b76.   Administration of medications and othertreatments.(a) Medications and other treatments shall be prescribed,orderedand administered only in conformity with accepted clinicalpractice. Medication shall be administered only upon the writtenorder of a physician or upon a verbal order noted in thepatient's medical records and subsequently signed by thephysician. The attending physician shall review regularly thedrug regimen of each patient under the physician's care and shallmonitor any symptoms of harmful side effects. Prescriptions forpsychotropic medications shall be written with a termination datenot exceeding 30 days thereafter but may be renewed.

      (b)   During the course of treatment the responsiblephysician or psychologist or such person's designee shallreasonably consult with the patient, the patient's legalguardian, or a minor patient's parent and give consideration tothe views the patient, legal guardian or parent expressesconcerning treatment and any alternatives. No medication orother treatment may be administered to any voluntary patientwithout the patient's consent, or the consent of such patient'slegal guardian or of such patient's parent if the patient is aminor.

      (c)   Consent for medical or surgical treatments notintended primarily to treat a patient's alcohol or substanceabuse disorder shall be obtained in accordance with applicablelaw.

      (d)   Whenever any patient is receiving treatment pursuantto K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or59-29b67 and amendments thereto, andthe treatment facility is administering to the patient anymedication or other treatment which alters the patient's mentalstate in such a way as to adversely affect the patient's judgmentor hamper the patient in preparing for or participating in anyhearing provided for by this act, then two days prior to andduring any such hearing, the treatment facility may notadminister such medication or other treatment unless suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others. Prior to thehearing, a report of all such medications or other treatmentwhich have been administered to the patient, along with a copy ofany written consent(s) which the patient may have signed, shallbe submitted to the court. Counsel for the patient maypreliminarily examine the attending physician regarding theadministration of any medication to the patient within two daysof the hearing with regard to the affect that medication may havehad upon the patient's judgment or ability to prepare for orparticipate in the hearing. On the basis thereof, if the courtdetermines that medication or other treatment has beenadministered which adversely affects the patient's judgment orability to prepare for or participate in the hearing, the courtmay grant to the patient a reasonable continuance in order toallow for the patient to be better able to prepare for orparticipate in the hearing and the court shall order that suchmedication or other treatment be discontinued until theconclusion of the hearing, unless the court finds that suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others, in which casethe court shall order that the hearing proceed.

      (e)   Whenever a patient receiving treatment pursuant toK.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67and amendments thereto, objectsto taking any medication prescribed for such treatment, and afterfull explanation of the benefits and risks of such medicationcontinues their objection, the medication may be administeredover the patient's objection; except that the objection shall berecorded in the patient's medical record and at the same timewritten notice thereof shall be forwarded to the medical directorof the treatment facility or the director's designee. Withinfive days after receiving such notice, excluding Saturdays,Sundays and legal holidays, the medical director or designeeshall deliver to the patient and the patient's physician themedical director's or designee's written decision concerning theadministration of that medication, and a copy of that decisionshall be placed in the patient's medical record.

      (f)   In no case shall experimental medication beadministered without the patient's consent, which consent shallbe obtained in accordance with subsection (a)(6) of K.S.A. 59-29b78and amendments thereto.

      History:   L. 1998, ch. 134, § 30; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29b > Statutes_23731

59-29b76

Chapter 59.--PROBATE CODE
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM

      59-29b76.   Administration of medications and othertreatments.(a) Medications and other treatments shall be prescribed,orderedand administered only in conformity with accepted clinicalpractice. Medication shall be administered only upon the writtenorder of a physician or upon a verbal order noted in thepatient's medical records and subsequently signed by thephysician. The attending physician shall review regularly thedrug regimen of each patient under the physician's care and shallmonitor any symptoms of harmful side effects. Prescriptions forpsychotropic medications shall be written with a termination datenot exceeding 30 days thereafter but may be renewed.

      (b)   During the course of treatment the responsiblephysician or psychologist or such person's designee shallreasonably consult with the patient, the patient's legalguardian, or a minor patient's parent and give consideration tothe views the patient, legal guardian or parent expressesconcerning treatment and any alternatives. No medication orother treatment may be administered to any voluntary patientwithout the patient's consent, or the consent of such patient'slegal guardian or of such patient's parent if the patient is aminor.

      (c)   Consent for medical or surgical treatments notintended primarily to treat a patient's alcohol or substanceabuse disorder shall be obtained in accordance with applicablelaw.

      (d)   Whenever any patient is receiving treatment pursuantto K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or59-29b67 and amendments thereto, andthe treatment facility is administering to the patient anymedication or other treatment which alters the patient's mentalstate in such a way as to adversely affect the patient's judgmentor hamper the patient in preparing for or participating in anyhearing provided for by this act, then two days prior to andduring any such hearing, the treatment facility may notadminister such medication or other treatment unless suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others. Prior to thehearing, a report of all such medications or other treatmentwhich have been administered to the patient, along with a copy ofany written consent(s) which the patient may have signed, shallbe submitted to the court. Counsel for the patient maypreliminarily examine the attending physician regarding theadministration of any medication to the patient within two daysof the hearing with regard to the affect that medication may havehad upon the patient's judgment or ability to prepare for orparticipate in the hearing. On the basis thereof, if the courtdetermines that medication or other treatment has beenadministered which adversely affects the patient's judgment orability to prepare for or participate in the hearing, the courtmay grant to the patient a reasonable continuance in order toallow for the patient to be better able to prepare for orparticipate in the hearing and the court shall order that suchmedication or other treatment be discontinued until theconclusion of the hearing, unless the court finds that suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others, in which casethe court shall order that the hearing proceed.

      (e)   Whenever a patient receiving treatment pursuant toK.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67and amendments thereto, objectsto taking any medication prescribed for such treatment, and afterfull explanation of the benefits and risks of such medicationcontinues their objection, the medication may be administeredover the patient's objection; except that the objection shall berecorded in the patient's medical record and at the same timewritten notice thereof shall be forwarded to the medical directorof the treatment facility or the director's designee. Withinfive days after receiving such notice, excluding Saturdays,Sundays and legal holidays, the medical director or designeeshall deliver to the patient and the patient's physician themedical director's or designee's written decision concerning theadministration of that medication, and a copy of that decisionshall be placed in the patient's medical record.

      (f)   In no case shall experimental medication beadministered without the patient's consent, which consent shallbe obtained in accordance with subsection (a)(6) of K.S.A. 59-29b78and amendments thereto.

      History:   L. 1998, ch. 134, § 30; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29b > Statutes_23731

59-29b76

Chapter 59.--PROBATE CODE
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM

      59-29b76.   Administration of medications and othertreatments.(a) Medications and other treatments shall be prescribed,orderedand administered only in conformity with accepted clinicalpractice. Medication shall be administered only upon the writtenorder of a physician or upon a verbal order noted in thepatient's medical records and subsequently signed by thephysician. The attending physician shall review regularly thedrug regimen of each patient under the physician's care and shallmonitor any symptoms of harmful side effects. Prescriptions forpsychotropic medications shall be written with a termination datenot exceeding 30 days thereafter but may be renewed.

      (b)   During the course of treatment the responsiblephysician or psychologist or such person's designee shallreasonably consult with the patient, the patient's legalguardian, or a minor patient's parent and give consideration tothe views the patient, legal guardian or parent expressesconcerning treatment and any alternatives. No medication orother treatment may be administered to any voluntary patientwithout the patient's consent, or the consent of such patient'slegal guardian or of such patient's parent if the patient is aminor.

      (c)   Consent for medical or surgical treatments notintended primarily to treat a patient's alcohol or substanceabuse disorder shall be obtained in accordance with applicablelaw.

      (d)   Whenever any patient is receiving treatment pursuantto K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or59-29b67 and amendments thereto, andthe treatment facility is administering to the patient anymedication or other treatment which alters the patient's mentalstate in such a way as to adversely affect the patient's judgmentor hamper the patient in preparing for or participating in anyhearing provided for by this act, then two days prior to andduring any such hearing, the treatment facility may notadminister such medication or other treatment unless suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others. Prior to thehearing, a report of all such medications or other treatmentwhich have been administered to the patient, along with a copy ofany written consent(s) which the patient may have signed, shallbe submitted to the court. Counsel for the patient maypreliminarily examine the attending physician regarding theadministration of any medication to the patient within two daysof the hearing with regard to the affect that medication may havehad upon the patient's judgment or ability to prepare for orparticipate in the hearing. On the basis thereof, if the courtdetermines that medication or other treatment has beenadministered which adversely affects the patient's judgment orability to prepare for or participate in the hearing, the courtmay grant to the patient a reasonable continuance in order toallow for the patient to be better able to prepare for orparticipate in the hearing and the court shall order that suchmedication or other treatment be discontinued until theconclusion of the hearing, unless the court finds that suchmedication or other treatment is necessary to sustain thepatient's life or to protect the patient or others, in which casethe court shall order that the hearing proceed.

      (e)   Whenever a patient receiving treatment pursuant toK.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67and amendments thereto, objectsto taking any medication prescribed for such treatment, and afterfull explanation of the benefits and risks of such medicationcontinues their objection, the medication may be administeredover the patient's objection; except that the objection shall berecorded in the patient's medical record and at the same timewritten notice thereof shall be forwarded to the medical directorof the treatment facility or the director's designee. Withinfive days after receiving such notice, excluding Saturdays,Sundays and legal holidays, the medical director or designeeshall deliver to the patient and the patient's physician themedical director's or designee's written decision concerning theadministration of that medication, and a copy of that decisionshall be placed in the patient's medical record.

      (f)   In no case shall experimental medication beadministered without the patient's consent, which consent shallbe obtained in accordance with subsection (a)(6) of K.S.A. 59-29b78and amendments thereto.

      History:   L. 1998, ch. 134, § 30; July 1.