59-2972. Transfer by secretary for aging and disability services. (a) The secretary for aging and disability services or the secretary's designee may transfer any patient from any state psychiatric hospital under the secretary's control to any other state psychiatric hospital whenever the secretary or the secretary's designee considers it to be in the best interests of the patient. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the hospital to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary for aging and disability services prior to such transfer.
(b) The secretary for aging and disability services or the designee of the secretary may transfer any involuntary patient from any state psychiatric hospital to any state institution for people with intellectual disability whenever the secretary for aging and disability services or the designee of the secretary considers it to be in the best interests of the patient. Any patient transferred as provided for in this subsection shall remain subject to the same statutory provisions as were applicable at the psychiatric hospital from which the patient was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the institution for people with intellectual disability to which the patient has been transferred. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the institution to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary for aging and disability services prior to such transfer. No patient shall be transferred from a state psychiatric hospital to a state institution for people with intellectual disability unless the superintendent of the receiving institution has found, pursuant to K.S.A. 76-12b01 through 76-12b11, and amendments thereto, that the patient is a person with intellectual disability and in need of care and training and that placement in the institution is the least restrictive alternative available. Nothing in this subsection shall prevent the secretary for aging and disability services or the designee of the secretary from allowing a patient at a state psychiatric hospital to be admitted as a voluntary resident to a state institution for people with intellectual disability, or from then discharging such person from the state psychiatric hospital pursuant to K.S.A. 59-2973, and amendments thereto, as may be appropriate.
History: L. 1996, ch. 167, § 28; L. 1997, ch. 152, § 11; L. 1998, ch. 134, § 51; L. 2012, ch. 91, § 37; L. 2014, ch. 115, § 211; July 1.
Structure Kansas Statutes
Article 29 - Care And Treatment For Mentally Ill Persons
59-2945 Name and citation of act.
59-2948 Civil rights of persons subject to the provisions of this act.
59-2950 Discharge of a voluntary patient.
59-2951 Right to discharge of voluntary patient; procedure.
59-2952 Petition for involuntary commitment of a voluntary patient.
59-2953 Investigation; emergency detention; authority and duty of law enforcement officers.
59-2954 Emergency observation and treatment; authority of treatment facility's procedure.
59-2955 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-2956 Emergency observation; discharge.
59-2958 Ex parte emergency custody order.
59-2959 Temporary custody order; request for; procedure.
59-2960 Preliminary orders; continuances and advancement of trial.
59-2961 Order for a mental evaluation; procedure.
59-2962 Mental evaluation; hearing in noncustodial circumstances.
59-2964 Continuance of hearings; order of referral for short-term treatment.
59-2965 Trial upon the petition; procedure.
59-2966 Order for treatment; dismissal.
59-2968 Admissions to a state psychiatric hospital; moratorium; procedure.
59-2969 Hearing to review status of patient; procedure.
59-2972 Transfer by secretary for aging and disability services.
59-2974 Notice of discharge; restoration of certain rights.
59-2975 Unauthorized absence; procedure.
59-2976 Administration of medications and other treatments.
59-2977 Restraints; seclusion.
59-2979 Disclosure of records.
59-2980 Civil and criminal liability.
59-2981 Costs; payment by residence county, when.
59-2982 Notice of death of patients in treatment facilities.
59-2983 Applicability to persons in custody on criminal charges.