65-5603. Exceptions to privilege.
65-5603
65-5603. Exceptions to privilege.(a) The privilege established by K.S.A. 65-5602 and amendmentsthereto shall not extend to:
(1) Any communication relevant to an issue in proceedings to involuntarilycommit to treatment a patient for mental illness, alcoholism or drugdependency if the treatment personnel in the course of diagnosis ortreatment has determined that the patient is in need of hospitalization;
(2) an order for examination of the mental, alcoholic, drug dependencyor emotional condition of the patient which is entered by a judge, withrespect to the particular purpose for which the examination is ordered;
(3) any proceeding in which the patient relies upon any of theaforementioned conditions as an element of the patient's claim or defense,or, after the patient's death, in any proceeding in which any party reliesupon any of the patient's conditions as an element of a claim or defense;
(4) any communication which forms the substance of information which thetreatment personnel or the patient is required by law to report to a publicofficial or to be recorded in a public office, unless the statute requiringthe report or record specifically provides that the information shall not bedisclosed;
(5) any information necessary for the emergency treatment of a patientor former patient if the head of the treatment facility at which thepatient is being treated or was treated states in writing the reasons fordisclosure of the communication and makes such statement a part of thetreatment or medical record of the patient;
(6) information relevant to protect a person who has been threatened withsubstantial physical harm by a patient during the course of treatment, whensuch person has been specifically identified by the patient, the treatmentpersonnel believes there is substantial likelihood that the patient willact on such threat in the reasonable foreseeable future and the head of thetreatment facility has concluded that notification should be given. Thepatient shall be notified that such information has been communicated;
(7) any information from a state psychiatric hospital to appropriateadministrative staff of the department of corrections whenever patientshave been administratively transferred to a state psychiatric hospitalpursuant to the provisions of K.S.A. 75-5209 and amendments thereto;
(8) any information to the patient or former patient, except that thehead of the treatment facility at which the patient is being treated or wastreated may refuse to disclose portions of such records if the head of thetreatment facility states in writing that such disclosure will be injuriousto the welfare of the patient or former patient;
(9) any information to any state or national accreditation,certification or licensing authority, or scholarly investigator, but thehead of the treatment facility shall require, before such disclosure ismade, a pledge that the name of any patient or former patient shall not bedisclosed to any person not otherwise authorized by law to receive suchinformation;
(10) any information tothe state protection and advocacy system which concerns individuals whoreside in a treatment facility and which isrequired by federal law and federal rules and regulations to be availablepursuant to a federal grant-in-aid program;
(11) any information relevant to the collection of a bill for professionalservices rendered by a treatment facility; or
(12) any information sought by a coroner serving under the laws ofKansas when such information is material to an investigation or proceedingconducted by the coroner in the performance of such coroner's officialduties. Information obtained by a coroner under this provision shall beused for official purposes only and shall not be made public unlessadmitted as evidence by a court or for purposes of performing the coroner'sstatutory duties;
(13) any communication and information by and between or amongtreatmentfacilities, correctional institutions, jails, juvenile detention facilitiesor juvenile correctionalfacilities regarding a proposed patient, patient or former patient forpurposes of promoting continuity of care by and betweentreatment facilities, correctional institutions, jails, juveniledetention facilities orjuvenile correctional facilities; the proposed patient, patient, or formerpatient's consent shallnot be necessary to share evaluation and treatment records by andbetween or amongtreatment facilities, correctional institutions, jails, juvenile detentionfacilities or juvenilecorrectional facilities regarding a proposed patient, patient or formerpatient;
(14) the name, date of birth, date of death, name of any next of kin andplace of residence of a deceased former patient when that information is soughtas part of a genealogical study; or
(15) any information concerning a patient or former patient who is a juvenileoffender in the custody of the juvenile justice authority when the commissionerof juvenile justice, or the commissioner's designee, requests suchinformation.
(b) The treatment personnel shall not disclose any information subject tosubsection (a)(3) unless a judge has entered an order finding that thepatient has made such patient's condition an issue of the patient's claimor defense. The order shall indicate the parties to whom otherwiseconfidential information must be disclosed.
History: L. 1986, ch. 212, § 3; L. 1987, ch. 254, § 1;L. 1988, ch. 305, § 1; L. 1990, ch. 92, § 34;L. 1996, ch. 167, § 61;L. 2003, ch. 66, § 3;L. 2005, ch. 27, § 1;L. 2005, ch. 186, § 16; July 1.