59-3093. Confidentiality of medical records and other reports; penalty. (a) The court at any time, upon the request of any party or upon the court's own motion, may issue a written order directing that any medical or treatment records, evaluations or investigative reports filed with the court, attached to any pleading, produced in response to any order issued by the court, or introduced in evidence, shall be separately maintained in a confidential manner, to be disclosed only:
(1) Upon the written consent or request of the proposed ward or proposed conservatee, if no guardian 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, if restored to capacity pursuant to K.S.A. 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been made by the court that such records or reports are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study, but the court shall require, before such disclosure is made, a pledge from that 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; or
(6) in proceedings under this act, upon the written request of any attorney representing any party.
(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 amendments thereto, are applicable to medical or treatment records of any patient or former patient who may be the subject of proceedings under this act, the provisions of K.S.A. 65-5601 through 65-5605 or K.S.A. 59-2979 or 59-29b79, and amendments thereto, as applicable, shall control the disposition of information contained in such records. Willful violation of this section is a class C misdemeanor.
History: L. 2002, ch. 114, ยง 44; July 1.
Structure Kansas Statutes
Article 30 - Guardians Or Conservators
59-3050 Name and citation of act.
59-3053 Natural guardian; powers and responsibilities.
59-3054 Right to nominate guardian or conservator, or both.
59-3055 Small estate; investment; disposition.
59-3056 Voluntary petition for appointment of conservator.
59-3059 Petition for appointment of guardian or conservator for minor; contents; plan.
59-3062 Petition for appointment of ancillary conservator; contents; authenticated documents; plan.
59-3063 Mandatory preliminary orders; trial; notice.
59-3064 Order for examination for evaluation.
59-3065 Discretionary preliminary orders; procedure.
59-3066 Notice; contents; service.
59-3067 Trial; procedure; appointment of guardian or conservator; denial.
59-3068 Appointment of guardian or conservator; priority of nominee; qualifications; compensation.
59-3069 Oaths; bonds; resident agent; letters; basic instructional program.
59-3070 Appointment of corporation as guardian; qualifications; procedures.
59-3073 Temporary guardian; temporary conservator; petition; order; hearings.
59-3075 Guardian's duties, responsibilities, powers and authorities.
59-3076 Guardianship plan; contents; effectuation; revision.
59-3078 Conservator's duties, responsibilities, powers and authorities.
59-3079 Conservatorship plan; contents; effectuation; revision.
59-3082 Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.
59-3083 Reports and accountings.
59-3084 Court review of guardian's report; hearing.
59-3085 Court review of conservator's report; hearing.
59-3090 Restoration to capacity; petition; contents; hearing; procedure.
59-3092 Termination of guardianship or conservatorship.
59-3093 Confidentiality of medical records and other reports; penalty.
59-3094 Costs of proceedings; payment.
59-3095 Effect of 2002 amendments.
59-3097 Guardianship or conservatorship orders; full faith and credit.