Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b79.Disclosure of records.(a) The district court records, and any treatment records ormedical records of any patient or former patient that are in thepossession of any district court or treatment facility shall beprivileged and shall not be disclosed except:
(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 more years of ageand who wasvoluntarily admitted upon their own application made pursuant tosubsection (b)(2)(B) ofK.S.A. 59-29b49 and amendments thereto shallhave capacity to consent to release of their records withoutparental consent. The head of any treatment facility who has therecords may refuse to disclose portions of such records if thehead of the treatment facility states in writing that suchdisclosure will be injurious to the welfare of the patient orformer 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 orwritten request of any attorney representing the patient, orformer patient.
(6) 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.
(7) 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 Cmisdemeanor.
History: L. 1998, ch. 134, § 33;L. 2007, ch. 166, § 3; May 3.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b79.Disclosure of records.(a) The district court records, and any treatment records ormedical records of any patient or former patient that are in thepossession of any district court or treatment facility shall beprivileged and shall not be disclosed except:
(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 more years of ageand who wasvoluntarily admitted upon their own application made pursuant tosubsection (b)(2)(B) ofK.S.A. 59-29b49 and amendments thereto shallhave capacity to consent to release of their records withoutparental consent. The head of any treatment facility who has therecords may refuse to disclose portions of such records if thehead of the treatment facility states in writing that suchdisclosure will be injurious to the welfare of the patient orformer 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 orwritten request of any attorney representing the patient, orformer patient.
(6) 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.
(7) 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 Cmisdemeanor.
History: L. 1998, ch. 134, § 33;L. 2007, ch. 166, § 3; May 3.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b79.Disclosure of records.(a) The district court records, and any treatment records ormedical records of any patient or former patient that are in thepossession of any district court or treatment facility shall beprivileged and shall not be disclosed except:
(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 more years of ageand who wasvoluntarily admitted upon their own application made pursuant tosubsection (b)(2)(B) ofK.S.A. 59-29b49 and amendments thereto shallhave capacity to consent to release of their records withoutparental consent. The head of any treatment facility who has therecords may refuse to disclose portions of such records if thehead of the treatment facility states in writing that suchdisclosure will be injurious to the welfare of the patient orformer 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 orwritten request of any attorney representing the patient, orformer patient.
(6) 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.
(7) 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 Cmisdemeanor.
History: L. 1998, ch. 134, § 33;L. 2007, ch. 166, § 3; May 3.
