59-29b49. Voluntary admission to treatment facility; application; written information to be given voluntary patient.
59-29b49
59-29b49. Voluntary admission to treatment facility;application; written information to be given voluntary patient.(a) A person with an alcohol or substance abuse problem may beadmitted to a treatment facility as a voluntary patient when there areavailable accommodations and the head of the treatment facility determines suchperson is in need of treatment therein, and that the person has the capacity toconsent to treatment.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make suchapplication for themself; or
(2) (A) If such person is less than 18 years of age, a parent may make suchapplication for their child; or
(B) if such person is less than 18 years of age, but 14 years of age orolder, the person may make such written application on their own behalf withoutthe consent or written application of their parent, legal guardian or any otherperson. Whenever a person who is 14 years of age or older makes writtenapplication on their own behalf and is admitted as a voluntary patient, thehead of the treatment facility shall promptly notify the child's parent, legalguardian or other person known to the head of the treatment facility to beinterested in the care and welfare of the minor of the admittance of thatchild;or
(3) if such person has a legal guardian, the legal guardian may make suchapplication provided that if the legal guardianis required to obtain authority to do so pursuant toK.S.A. 59-3077,andamendments thereto, then only inaccordance with the provisions thereof. If the legal guardian is seekingadmission oftheir ward upon an order giving the guardian continuing authority to admit theward to a treatment facility as defined inK.S.A. 59-3077, and amendments thereto, the head of the treatmentfacility may require a statement from the patient's attending physician or fromthe local health officer of the area in which the patient resides confirmingthat the patient is in need of treatment for an alcohol or substance abuseproblem in a treatment facility before accepting the ward for admission, andshall divert any such person to a less restrictive treatment alternative as maybe appropriate.
(c) No person shall be admitted as a voluntary patient under the provisionsof this act to any treatment facility unless the head of the treatment facilityhas informed such person or such person's parent, legal guardian, or otherperson known to the head of the treatment facility to be interested in the careand welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facility relating to thedischarge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from atreatment facility as provided for inK.S.A. 59-29b78 and amendmentsthereto; and
(3) in general terms, the types of treatment which are available or wouldnot be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as to prohibit a proposed orinvoluntary patient with capacity to do so from making an application foradmission as a voluntary patient to a treatment facility. Any proposed orinvoluntary patient desiring to do so shall be afforded an opportunity toconsult with their attorney prior to making any such application. If the headof the treatment facility accepts the application and admits the patient as avoluntary patient, then the head of the treatment facility shall notify, inwriting, the patient's attorney, the patient's legal guardian, if the patienthas a legal guardian, and the district court which has jurisdiction over thepatient of the patient's voluntary status. When a notice of voluntaryadmission is received, the court shall file the same which shall terminate theproceedings.
History: L. 1998, ch. 134, § 5;L. 2002, ch. 114, § 69; July 1.