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65-5601. Definitions. As used in K.S.A. 65-5601 through 65-5605, and amendments thereto:

(a) "Patient" means a person who consults or is examined or interviewed by treatment personnel.

(b) "Treatment personnel" means any employee of a treatment facility who receives a confidential communication from a patient while engaged in the diagnosis or treatment of a mental, alcoholic, drug dependency or emotional condition, if such communication was not intended to be disclosed to third persons.

(c) "Ancillary personnel" means any employee of a treatment facility who is not included in the definition of treatment personnel.

(d) "Treatment facility" means a community mental health center, community service provider, psychiatric hospital and state institution for people with intellectual disability.

(e) "Head of the treatment facility" means the administrative director of a treatment facility or the designee of the administrative director.

(f) "Community mental health center" means the same as defined in K.S.A. 39-2002, and amendments thereto.

(g) "Psychiatric hospital" means Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Topeka state hospital and hospitals licensed under K.S.A. 39-2001 et seq., and amendments thereto.

(h) "State institution for people with intellectual disability" means Winfield state hospital and training center, Parsons state hospital and training center and the Kansas neurological institute.

(i) "Community service provider" means: (1) A community facility for people with intellectual disability organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto; (2) community service provider as provided in the developmental disabilities reform act; or (3) a nonprofit corporation that provides services for people with intellectual disability pursuant to a contract with an intellectual disability governing board.

History: L. 1986, ch. 212, § 1; L. 1995, ch. 234, § 18; L. 1996, ch. 167, § 60; L. 2012, ch. 91, § 53; L. 2018, ch. 71, § 25; July 1.

Cross References to Related Sections:

Physician-patient privilege, see 60-427. Psychologist-client privilege, see 74-5323.

Records at university of Kansas school of medicine and medical center used for instructional purposes, see 76-354 et seq.

Records of patients under treatment act for alcoholism and intoxication, see 65-4050.

Records of patients under treatment act for mentally ill persons, see 59-2931.

Records of patients under treatment act for drug abusers, see 65-5225.

Records of residents of state institutions for mentally retarded, see 76-12b11.

Social worker disclosure of information, see 65-6315.

Marriage and family therapists disclosure of information, see 65-6410.

Law Review and Bar Journal References:

"How to get what you want and need: Requesting health information in the year 2001 and beyond," Martha Fisher Linenberger, 70 J.K.B.A. No. 6, 52 (2001).

"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).

Attorney General's Opinions:

Reporting abuse or neglect of children; persons reporting; duty to report; confidentiality. 94-67.

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