59-29b46. Definitions.
59-29b46
59-29b46. Definitions.When used in the care and treatment act for persons with analcohol or substance abuse problem:
(a) "Discharge" means the final and complete release from treatment, byeither the head of a treatment facility acting pursuant toK.S.A. 59-29b50 andamendments thereto or by an order of a court issued pursuant toK.S.A. 59-29b73 and amendments thereto.
(b) "Head of a treatment facility" means the administrative director of atreatment facility or such person's designee.
(c) "Law enforcement officer" shall have the meaning ascribed to it inK.S.A. 22-2202 and amendments thereto.
(d) "Other facility for care or treatment" means any mental health clinic,medical care facility, nursing home, the detox units at either Osawatomie statehospital or Larned state hospital, any physician or any other institution orindividual authorized or licensed by law to give care or treatment to anyperson.
(e) "Patient" means a person who is a voluntary patient, a proposed patientoran involuntary patient.
(1) "Voluntary patient" means a person who is receiving treatment at atreatment facility pursuant toK.S.A. 59-29b49 and amendmentsthereto.
(2) "Proposed patient" means a person for whom a petition pursuant toK.S.A. 59-29b52 or 59-29b57 and amendments thereto has been filed.
(3) "Involuntary patient" means a person who is receiving treatment underorder of a court or a person admitted and detained by a treatment facilitypursuant to an application filed pursuant to subsection (b) or (c) ofK.S.A. 59-29b54 and amendments thereto.
(f) "Person with an alcohol or substance abuse problem" means a person who:(1) Lacks self-control as to the use of alcoholic beverages or any substance asdefined in subsection (k); or
(2) uses alcoholic beverages or any substance as defined in subsection (k)to the extent that the person's health may be substantially impaired orendangered without treatment.
(g) (1) "Person with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment" means a person with an alcoholor substance abuse problem, as defined in subsection (f), who also isincapacitated by alcohol or any substance and is likely to cause harm to selfor others.
(2) "Incapacitated by alcohol or any substance" means that the person, asthe result of the use of alcohol or any substance as defined in subsection (k),has impaired judgment resulting in the person: (A) Being incapable of realizingand making a rational decision with respect to the need for treatment; or
(B) lacking sufficient understanding or capability to make or communicateresponsible decisions concerning either the person's well-being or estate.
(3) "Likely to cause harm to self or others" means that the person, byreason of the person's use of alcohol or any substance: (A) Is likely, in thereasonably foreseeable future, to cause substantial physical injury or physicalabuse to self or others or substantial damage to another's property, asevidenced by behavior threatening, attempting or causing such injury, abuse ordamage; except that if the harm threatened, attempted or caused is only harm tothe property of another, the harm must be of such a value and extent that thestate's interest in protecting the property from such harm outweighs theperson's interest in personal liberty; or
(B) is substantially unable, except for reason of indigency, to provide forany of the person's basic needs, such as food, clothing, shelter, health orsafety, causing a substantial deterioration of the person's ability to functionon the person's own.
(h) "Physician" means a person licensed to practice medicine and surgery asprovided for in the Kansas healing arts act or a person who is employed by astate psychiatric hospital or by an agency of the United States and who isauthorized by law to practice medicine and surgery within that hospital oragency.
(i) "Psychologist" means a licensed psychologist, as defined by K.S.A.74-5302 and amendments thereto.
(j) "State certified alcohol and drug abuse counselor" means a personapproved by the secretary of social and rehabilitation services to performassessments using the American Society of Addiction Medicine criteria andemployed at a state funded and designated assessment center.
(k) "Substance" means: (1) The same as the term "controlled substance" asdefined in K.S.A. 2009 Supp. 21-36a01, and amendments thereto; or
(2) fluorocarbons, toluene or volatile hydrocarbon solvents.
(l) "Treatment" means the broad range of emergency, outpatient, intermediateand inpatient services and care, including diagnostic evaluation, medical,psychiatric, psychological and social service care, vocational rehabilitationand career counseling, which may be extended to persons with an alcohol orsubstance abuse problem.
(m) (1) "Treatment facility" means a treatment program, public orprivate treatment facility,or any facility of the United States government available to treat a personfor an alcohol or other substance abuse problem, but such term shall notinclude a licensed medical care facility, a licensed adult care home, afacility licensed under K.S.A. 75-3307b and amendments thereto, acommunity-based alcohol and drug safety action program certified under K.S.A.8-1008 andamendments thereto, and performing only those functions for which the programis certified to perform under K.S.A. 8-1008 and amendments thereto, or aprofessional licensed by the behavioral sciencesregulatory board to diagnose and treat mental disorders at the independentlevel or a physician, who may treat in the usual course of thebehavioral sciences regulatory board licensee's orphysician's professional practice individuals incapacitatedby alcohol or other substances, but who are notprimarily engaged in theusual course of the individual's professional practice in treating suchindividuals, or any state institution, even if detoxification services may havebeen obtained at such institution.
(2) "Private treatment facility" means a private agency providingfacilities for the care and treatment or lodging of persons with either analcohol or other substance abuse problem and meeting the standards prescribedin either K.S.A. 65-4013 or 65-4603 and amendments thereto, andlicensedunder either K.S.A. 65-4014 or 65-4607 and amendments thereto.
(3) "Public treatment facility" means a treatment facility owned andoperated by any political subdivision of the state of Kansas and licensedunder either K.S.A. 65-4014 or 65-4603 and amendments thereto, asanappropriate place for the care and treatment or lodging of persons with analcohol or other substance abuse problem.
(n) The terms defined inK.S.A. 59-3051 andamendments thereto shall havethe meanings provided by that section.
History: L. 1998, ch. 134, § 2;L. 2002, ch. 114, § 67;L. 2007, ch. 95, § 15;L. 2009, ch. 32, § 50; July 1.