59-3093.Confidentiality of medical records andother reports; penalty.(a) The court at any time, upon the request of any party orupon the court's own motion, may issue a written orderdirecting that any medical or treatment records, evaluations or investigativereports filed with thecourt, attached to any pleading, produced in response to any order issued bythe court, or introducedin evidence, shall be separately maintained in a confidential manner, to bedisclosed only:
(1) Upon the written consent or request of the proposed ward or proposedconservatee, if noguardian or conservator is appointed by the court;
(2) upon the written consent of the guardian or conservator;
(3) upon the written consent of the former ward or former conservatee, ifrestored to capacitypursuant to K.S.A. 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been madeby the court that such records or reports are necessary for the conduct ofproceedings before the court and areotherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study,but the court shallrequire, before such disclosure is made, a pledge from that state or nationalaccreditation agency orscholarly investigator that such agency or investigator will not disclose thename of any patient orformer patient to any person not otherwise authorized by law to receive suchinformation; or
(6) in proceedings under this act, upon the written request of any attorneyrepresenting anyparty.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, are applicableto medical or treatment records of any patient or former patient who may be thesubject ofproceedings under this act, the provisions of K.S.A. 65-5601 through 65-5605or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, as applicable,shall control the disposition of information contained in such records.Willful violation of thissection is a class C misdemeanor.
59-3093.Confidentiality of medical records andother reports; penalty.(a) The court at any time, upon the request of any party orupon the court's own motion, may issue a written orderdirecting that any medical or treatment records, evaluations or investigativereports filed with thecourt, attached to any pleading, produced in response to any order issued bythe court, or introducedin evidence, shall be separately maintained in a confidential manner, to bedisclosed only:
(1) Upon the written consent or request of the proposed ward or proposedconservatee, if noguardian or conservator is appointed by the court;
(2) upon the written consent of the guardian or conservator;
(3) upon the written consent of the former ward or former conservatee, ifrestored to capacitypursuant to K.S.A. 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been madeby the court that such records or reports are necessary for the conduct ofproceedings before the court and areotherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study,but the court shallrequire, before such disclosure is made, a pledge from that state or nationalaccreditation agency orscholarly investigator that such agency or investigator will not disclose thename of any patient orformer patient to any person not otherwise authorized by law to receive suchinformation; or
(6) in proceedings under this act, upon the written request of any attorneyrepresenting anyparty.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, are applicableto medical or treatment records of any patient or former patient who may be thesubject ofproceedings under this act, the provisions of K.S.A. 65-5601 through 65-5605or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, as applicable,shall control the disposition of information contained in such records.Willful violation of thissection is a class C misdemeanor.
59-3093.Confidentiality of medical records andother reports; penalty.(a) The court at any time, upon the request of any party orupon the court's own motion, may issue a written orderdirecting that any medical or treatment records, evaluations or investigativereports filed with thecourt, attached to any pleading, produced in response to any order issued bythe court, or introducedin evidence, shall be separately maintained in a confidential manner, to bedisclosed only:
(1) Upon the written consent or request of the proposed ward or proposedconservatee, if noguardian or conservator is appointed by the court;
(2) upon the written consent of the guardian or conservator;
(3) upon the written consent of the former ward or former conservatee, ifrestored to capacitypursuant to K.S.A. 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been madeby the court that such records or reports are necessary for the conduct ofproceedings before the court and areotherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study,but the court shallrequire, before such disclosure is made, a pledge from that state or nationalaccreditation agency orscholarly investigator that such agency or investigator will not disclose thename of any patient orformer patient to any person not otherwise authorized by law to receive suchinformation; or
(6) in proceedings under this act, upon the written request of any attorneyrepresenting anyparty.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, are applicableto medical or treatment records of any patient or former patient who may be thesubject ofproceedings under this act, the provisions of K.S.A. 65-5601 through 65-5605or K.S.A. 59-2979 or 59-29b79, and amendmentsthereto, as applicable,shall control the disposition of information contained in such records.Willful violation of thissection is a class C misdemeanor.
