59-29b79. 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. 59-29b49, 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 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.
(7) 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. 1998, ch. 134, § 33; L. 2007, ch. 166, § 3; May 3.
Structure Kansas Statutes
Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem
59-29b45 Name and citation of act.
59-29b48 Civil rights of persons subject to the provisions of this act.
59-29b50 Discharge of a voluntary patient.
59-29b51 Right to discharge of voluntary patient; procedure.
59-29b52 Petition for involuntary commitment of a voluntary patient.
59-29b53 Investigation; emergency detention; authority and duty of law enforcement officers.
59-29b54 Emergency observation and treatment; authority of treatment facility's procedure.
59-29b55 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-29b56 Emergency observation; discharge.
59-29b58 Ex parte emergency custody order.
59-29b59 Temporary custody order; request for; procedure.
59-29b60 Preliminary orders; continuances and advancement of trial.
59-29b61 Order for evaluation; procedure.
59-29b62 Evaluation; hearing in noncustodial circumstances.
59-29b64 Continuance of hearings; order of referral for short-term treatment.
59-29b65 Trial upon the petition; procedure.
59-29b66 Order for treatment; dismissal.
59-29b69 Hearing to review status of patient; procedure.
59-29b74 Notice of discharge; restoration of certain rights.
59-29b75 Unauthorized absence; procedure.
59-29b76 Administration of medications and other treatments.
59-29b77 Restraints; seclusion.
59-29b79 Disclosure of records.
59-29b80 Civil and criminal liability.
59-29b82 Notice of death of patients in treatment facilities.
59-29b83 Applicability to persons in custody on criminal charges.