59-2979. Disclosure of records. (a) The district court records, and any treatment records or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except:
(1) Upon the written consent of (A) the patient or former patient, if an adult who has no legal guardian; (B) the patient's or former patient's legal guardian, if one has been appointed; or (C) a parent, if the patient or former patient is under 18 years of age, except that a patient or former patient who is 14 or more years of age and who was voluntarily admitted upon their own application made pursuant to subsection (b)(2)(B) of K.S.A. 59-2949, and amendments thereto, shall have capacity to consent to release of their records without parental consent. The head of any treatment facility who has the records may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient.
(2) Upon the sole consent of the head of the treatment facility who has the records if the head of the treatment facility makes a written determination that such disclosure is necessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for a scholarly study, but the head of the treatment facility shall require, before such disclosure is made, a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information.
(4) Upon the order of any court of record after a determination has been made by the court issuing the order that such records are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or written request of any attorney representing the patient, or former patient.
(6) To appropriate administrative or professional staff of the department of corrections whenever patients have been administratively transferred to the state security hospital or other state psychiatric hospitals pursuant to the provisions of K.S.A. 75-5209, and amendments thereto. The patient's or former patient's consent shall not be necessary to release information to the department of corrections.
(7) To the state central repository at the Kansas bureau of investigation for use only in determining eligibility to purchase and possess firearms or qualifications for licensure pursuant to the personal and family protection act.
(8) To the commission on judicial performance in the discharge of the commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
(9) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, are applicable to treatment records or medical records of any patient or former patient, the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, shall control the disposition of information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1996, ch. 167, § 35; L. 2007, ch. 166, § 2; L. 2008, ch. 145, § 10; May 22.
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.