HOUSE BILL No. 2185

      An Act concerning the protection of certain persons; adult care home administrator; con-
      tinuing education; nursing facilities; reporting of abuse, neglect or exploitation of certain
      persons; unlawful interference with certain emergency personnel; appointment of guard-
      ian or conservator; amending K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431,
      39-1433, 39-1435, 39-1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-1404, 65-
      3501 and 65-3503 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 65-3501 is hereby amended to read as
follows: 65-3501. As used in this act, or the act of which this section is
amendatory, the following words and phrases shall have the meanings
respectively ascribed to them in this section:

    (a) ``Adult care home'' means nursing facility, nursing facilities for
mental health, intermediate care facilities for the mentally retarded, as-
sisted living facility licensed for more than 60 residents, and residential
health care facility licensed for more than 60 residents as defined by
K.S.A. 39-923 and amendments thereto or by the rules and regulations
of the licensing agency adopted pursuant to such section for which a
license is required under article 9 of chapter 39 of the Kansas Statutes
Annotated, or acts amendatory thereof or supplemental thereto, except
that the term ``adult care home'' shall not include a facility that is operated
exclusively for the care and treatment of the mentally retarded and is
licensed for 16 or fewer beds.

    (b) ``Board'' means the board of adult care home administrators es-
tablished by K.S.A. 65-3506 and amendments thereto.

    (c) ``Administrator'' means the individual directly responsible for
planning, organizing, directing and controlling the operation of an adult
care home.

    (d) ``Person'' means an individual and does not include the term firm,
corporation, association, partnership, institution, public body, joint stock
association or any group of individuals.

    (e) ``Sponsor'' means entities approved by the board to provide con-
tinuing education programs or courses on an ongoing basis under this act
and in accordance with any rules and regulations promulgated by the
board in accordance with this act.

    Sec. 2. K.S.A. 1997 Supp. 65-3503 is hereby amended to read as
follows: 65-3503. (a) It shall be the duty of the board to:

    (1) Develop, impose and enforce standards which shall be met by
individuals in order to receive a license as an adult care home adminis-
trator, which standards shall be designed to ensure that adult care home
administrators will be individuals who are of good character and are oth-
erwise suitable, and who, by training or experience in the field of insti-
tutional administration, are qualified to serve as adult care home admin-
istrators;

    (2) develop examinations and investigations for determining whether
an individual meets such standards;

    (3) issue licenses to individuals who meet such standards, and revoke
or suspend licenses issued by the board or reprimand, censure or oth-
erwise discipline a person holding any such license as provided under
K.S.A. 65-3508 and amendments thereto;

    (4) establish and carry out procedures designed to ensure that indi-
viduals licensed as adult care home administrators comply with the
requirements of such standards; and

    (5) receive, investigate and take appropriate action under K.S.A.
65-3505 and amendments thereto and rules and regulations adopted by
the board with respect to any charge or complaint filed with the board
to the effect that any person licensed as an adult care home administrator
may be subject to disciplinary action under K.S.A. 65-3505 and 65-3508
and amendments thereto.

    (b) The board shall also have the power to make rules and regulations,
not inconsistent with law, as may be necessary for the proper performance
of its duties, and to have subpoenas issued pursuant to K.S.A. 60-245 and
amendments thereto in the board's exercise of its power and to take such
other actions as may be necessary to enable the state to meet the require-
ments set forth in section 1908 of the social security act, the federal rules
and regulations promulgated thereunder and other pertinent federal au-
thority.

    (c) The board shall fix by rules and regulations the licensure fee,
temporary license fee, renewal fee, late renewal fee, reinstatement fee,
reciprocity fee and sponsorship fee and, if necessary, an examination fee
under this act. Such fees shall be fixed in an amount to cover the costs
of administering the provisions of the act. No fee shall be more than $200.
The secretary of health and environment shall remit all moneys received
from fees, charges or penalties under this act to the state treasurer at
least monthly. Upon receipt of each such remittance, the state treasurer
shall deposit the entire amount thereof in the state treasury and credit
the same to the state general fund.

    (d) The board upon request shall receive from the Kansas bureau of
investigation, without charge, such criminal history record information
relating to criminal convictions as necessary for the purpose of determin-
ing initial and continuing qualifications of licensees of and applicants for
licensure by the board.

    Sec. 3. K.S.A. 1997 Supp. 39-923 is hereby amended to read as fol-
lows: 39-923. (a) As used in this act:

    (1) ``Adult care home'' means any nursing facility, nursing facility for
mental health, intermediate care facility for the mentally retarded, as-
sisted living facility, residential health care facility, home plus, boarding
care home and adult day care facility, all of which classifications of adult
care homes are required to be licensed by the secretary of health and
environment.

    (2) ``Nursing facility'' means any place or facility operating 24 hours
a day, seven days a week, caring for six or more individuals not related
within the third degree of relationship to the administrator or owner by
blood or marriage and who, due to functional impairments, need skilled
nursing care to compensate for activities of daily living limitations.

    (3) ``Nursing facility for mental health'' means any place or facility
operating 24 hours a day, seven days a week caring for six or more indi-
viduals not related within the third degree of relationship to the admin-
istrator or owner by blood or marriage and who, due to functional im-
pairments, need skilled nursing care and special mental health services
to compensate for activities of daily living limitations.

    (4) ``Intermediate care facility for the mentally retarded'' means any
place or facility operating 24 hours a day, seven days a week caring for
six or more individuals not related within the third degree of relationship
to the administrator or owner by blood or marriage and who, due to
functional impairments caused by mental retardation or related condi-
tions need services to compensate for activities of daily living limitations.

    (5) ``Assisted living facility'' means any place or facility caring for six
or more individuals not related within the third degree of relationship to
the administrator, operator or owner by blood or marriage and who, by
choice or due to functional impairments, may need personal care and
may need supervised nursing care to compensate for activities of daily
living limitations and in which the place or facility includes apartments
for residents and provides or coordinates a range of services including
personal care or supervised nursing care available 24 hours a day, seven
days a week for the support of resident independence. The provision of
skilled nursing procedures to a resident in an assisted living facility is not
prohibited by this act. Generally, the skilled services provided in an as-
sisted living facility shall be provided on an intermittent or limited term
basis, or if limited in scope, a regular basis.

    (6) ``Residential health care facility'' means any place or facility, or a
contiguous portion of a place or facility, caring for six or more individuals
not related within the third degree or relationship to the administrator,
operator or owner by blood or marriage and who, by choice or due to
functional impairments, may need personal care and may need supervised
nursing care to compensate for activities of daily living limitations and in
which the place or facility includes individual living units and provides or
coordinates personal care or supervised nursing care available on a 24-
hour, seven-day-a-week basis for the support of resident independence.
The provision of skilled nursing procedures to a resident in a residential
health care facility is not prohibited by this act. Generally, the skilled
services provided in a residential health care facility shall be provided on
an intermittent or limited term basis, or if limited in scope, a regular
basis.

    (7) ``Home plus'' means any residence or facility caring for not more
than five individuals not related within the third degree of relationship to
the operator or owner by blood or marriage unless the resident in need
of care is approved for placement by the secretary of the department of
social and rehabilitation services, and who, due to functional impairment,
needs personal care and may need supervised nursing care to compensate
for activities of daily living limitations. The level of care provided residents
shall be determined by preparation of the operator and rules and regu-
lations developed by the department of health and environment.

    (8) ``Boarding care home'' means any place or facility operating 24
hours a day, seven days a week, caring for not more than 10 individuals
not related within the third degree of relationship to the operator or
owner by blood or marriage and who, due to functional impairment, need
supervision of activities of daily living but who are ambulatory and essen-
tially capable of managing their own care and affairs.

    (9) ``Adult day care'' means any place or facility operating less than
24 hours a day caring for individuals not related within the third degree
of relationship to the operator or owner by blood or marriage and who,
due to functional impairment need supervision of or assistance with ac-
tivities of daily living.

    (10) ``Place or facility'' means a building or any one or more complete
floors of a building, or any one or more complete wings of a building, or
any one or more complete wings and one or more complete floors of a
building, and the term ``place or facility'' may include multiple buildings.

    (11) ``Skilled nursing care'' means services performed by or under the
immediate supervision of a registered professional nurse and additional
licensed nursing personnel. Skilled nursing includes administration of
medications and treatments as prescribed by a licensed physician or den-
tist; and other nursing functions which require substantial nursing judg-
ment and skill based on the knowledge and application of scientific prin-
ciples.

    (12) ``Supervised nursing care'' means services provided by or under
the guidance of a licensed nurse with initial direction for nursing proce-
dures and periodic inspection of the actual act of accomplishing the pro-
cedures; administration of medications and treatments as prescribed by
a licensed physician or dentist and assistance of residents with the per-
formance of activities of daily living.

    (13) ``Resident'' means all individuals kept, cared for, treated,
boarded or otherwise accommodated in any adult care home.

    (14) ``Person'' means any individual, firm, partnership, corporation,
company, association or joint-stock association, and the legal successor
thereof.

    (15) ``Operate an adult care home'' means to own, lease, establish,
maintain, conduct the affairs of or manage an adult care home, except
that for the purposes of this definition the word ``own'' and the word
``lease'' shall not include hospital districts, cities and counties which hold
title to an adult care home purchased or constructed through the sale of
bonds.

    (16) ``Licensing agency'' means the secretary of health and environ-
ment.

    (17) ``Skilled nursing home'' means a nursing facility.

    (18) ``Intermediate nursing care home'' means a nursing facility.

    (19) ``Apartment'' means a private unit which includes, but is not
limited to, a toilet room with bathing facilities, a kitchen, sleeping, living
and storage area and a lockable door.

    (20) ``Individual living unit'' means a private unit which includes, but
is not limited to, a toilet room with bathing facilities, sleeping, living and
storage area and a lockable door.

    (21) ``Operator'' means an individual who operates an assisted living
facility or residential health care facility with fewer than 61 residents, a
home plus or adult day care facility and has completed a course approved
by the secretary of health and environment on principles of assisted living
and has successfully passed an examination approved by the licensing
agency on principles of assisted living and such other requirements as
may be established by the licensing agency by rules and regulations.

    (22) ``Activities of daily living'' means those personal, functional ac-
tivities required by an individual for continued well-being, including but
not limited to eating, nutrition, dressing, personal hygiene, mobility, to-
ileting.

    (23) ``Personal care'' means care provided by staff to assist an indi-
vidual with, or to perform activities of daily living.

    (24) ``Functional impairment'' means an individual has experienced
a decline in physical, mental and psychosocial well-being and as a result,
is unable to compensate for the effects of the decline.

    (25) ``Kitchen'' means a food preparation area that includes a sink,
refrigerator and a microwave oven or stove.

    (26) The term ``intermediate personal care home'' for purposes of
those individuals applying for or receiving veterans' benefits means resi-
dential health care facility.

    (b) The term ``adult care home'' shall not include institutions oper-
ated by federal or state governments, except institutions operated by the
Kansas commission on veterans affairs, hospitals or institutions for the
treatment and care of psychiatric patients, child care facilities, maternity
centers, hotels, offices of physicians or hospices which are certified to
participate in the medicare program under 42 code of federal regulations,
chapter IV, section 418.1 et seq. and amendments thereto and which
provide services only to hospice patients.

    (c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments
thereto or K.S.A. 75-3307b and amendments thereto or K.S.A. 39-923 as
an intermediate personal care home or with license applications on file
with the licensing agency as intermediate personal care homes on or be-
fore January 1, 1995, shall have the option of becoming licensed as either
an assisted living facility or a residential health care facility without being
required to add kitchens or private baths.

    (d) Nursing facilities in existence on the effective date of this act
changing licensure categories to become residential health care facilities
shall be required to provide private bathing facilities in a minimum of
20% of the individual living units.

    (e) Facilities licensed under the adult care home licensure act on the
day immediately preceding the effective date of this act shall continue to
be licensed facilities until the annual renewal date of such license and
may renew such license in the appropriate licensure category under the
adult care home licensure act subject to the payment of fees and other
conditions and limitations of such act.

    (f) Nursing facilities with less than 60 beds converting a portion of
the facility to residential health care shall have the option of licensing for
residential health care for less than six individuals but not less than 10%
of the total bed count within a contiguous portion of the facility.

    (f) (g) The licensing agency may by rule and regulation change the
name of the different classes of homes when necessary to avoid confusion
in terminology and the agency may further amend, substitute, change and
in a manner consistent with the definitions established in this section,
further define and identify the specific acts and services which shall fall
within the respective categories of facilities so long as the above categories
for adult care homes are used as guidelines to define and identify the
specific acts.

    Sec. 4. K.S.A. 39-1401 is hereby amended to read as follows: 39-
1401. As used in this act:

    (a) ``Resident'' means:

    (1) Any resident, as defined by K.S.A. 39-923 and amendments
thereto; or

    (2) any client cared for in an adult family home; or

    (3) (2) any individual kept, cared for, treated, boarded or otherwise
accommodated in a medical care facility; or

    (4)( any individual with mental retardation or a developmental disa-
bility receiving services through a community mental retardation facility
or residential facility licensed under K.S.A. 75-3307b and amendments
thereto; or

    (5) (3) any individual, kept, cared for, treated, boarded or otherwise
accommodated in a state psychiatric hospital or state institution for the
mentally retarded.

    (b) ``Adult care home'' has the meaning ascribed thereto in K.S.A.
39-923 and amendments thereto.

    (c) ``Adult family home'' has the meaning ascribed thereto in K.S.A.
39-1501 and amendments thereto.

    (d) (c) ``In need of protective services'' means that a resident is unable
to perform or obtain services which are necessary to maintain physical or
mental health, or both.

    (e) (d) ``Services which are necessary to maintain physical and mental
health'' include, but are not limited to, the provision of medical care for
physical and mental health needs, the relocation of a resident to a facility
or institution able to offer such care, assistance in personal hygiene, food,
clothing, adequately heated and ventilated shelter, protection from health
and safety hazards, protection from maltreatment the result of which
includes, but is not limited to, malnutrition, deprivation of necessities or
physical punishment and transportation necessary to secure any of the
above stated needs, except that this term shall not include taking such
person into custody without consent, except as provided in this act.

    (f) (e) ``Protective services'' means services provided by the state or
other governmental agency or any private organizations or individuals
which are necessary to prevent abuse, neglect or exploitation. Such pro-
tective services shall include, but not be limited to, evaluation of the need
for services, assistance in obtaining appropriate social services and assis-
tance in securing medical and legal services.

    (g) (f) ``Abuse'' means neglect, infliction of physical or mental injury
or deprivation by a caretaker of services which are necessary to maintain
physical and mental health any act or failure to act performed intention-
ally or recklessly that causes or is likely to cause harm to a resident,
including:

    (1) Infliction of physical or mental injury;

    (2) any sexual act with a resident when the resident does not consent
or when the other person knows or should know that the resident is in-
capable of resisting or declining consent to the sexual act due to mental
deficiency or disease or due to fear of retribution or hardship;

    (3) unreasonable use of a physical restraint, isolation or medication
that harms or is likely to harm a resident;

    (4) unreasonable use of a physical or chemical restraint, medication
or isolation as punishment, for convenience, in conflict with a physician's
orders or as a substitute for treatment, except where such conduct or
physical restraint is in furtherance of the health and safety of the resident
or another resident;

    (5) a threat or menacing conduct directed toward a resident that re-
sults or might reasonably be expected to result in fear or emotional or
mental distress to a resident;

    (6) fiduciary abuse; or

    (7) omission or deprivation by a caretaker or another person of goods
or services which are necessary to avoid physical or mental harm or ill-
ness.

    (h) (g) ``Neglect'' means the failure of a caretaker to maintain rea-
sonable care and treatment to such an extent that the resident's health
or emotional well-being is injured or omission by one's self, caretaker or
another person to provide goods or services which are reasonably nec-
essary to ensure safety and well-being and to avoid physical or mental
harm or illness.

    (i) (h) ``Caretaker'' means a person or institution who has assumed
the responsibility for the care of the resident voluntarily, by contract or
by order of a court of competent jurisdiction.

    (j) (i) ``Exploitation'' means intentionally misappropriation of resident
property or intentionally taking unfair advantage of an adult's physical or
financial resources for another individual's personal or financial advantage
by the use of undue influence, coercion, harassment, duress, deception,
false representation or false pretense by a caretaker or another person.

    (k) (j) ``Medical care facility'' means a facility licensed under K.S.A.
65-425 et seq. and amendments thereto but shall not include, for purposes
of this act, a state psychiatric hospital or state institution for the mentally
retarded, including Larned state hospital, Osawatomie state hospital,
Rainbow mental health facility, Topeka state hospital, Kansas neurological
institute, and Parsons state hospital and training center and Winfield state
hospital and training center.

    (k) ``Fiduciary abuse'' means a situation in which any person who is
the caretaker of, or who stands in a position of trust to, a resident, takes,
secretes, or appropriates the resident's money or property, to any use or
purpose not in the due and lawful execution of such person's trust.

    (l) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital, and Rainbow mental health facility and Topeka state
hospital.

    (m) ``State institution for the mentally retarded'' means Kansas neu-
rological institute, and Parsons state hospital and training center and Win-
field state hospital and training center.

    (n) ``Report'' means a description or accounting of an incident or in-
cidents of abuse, neglect or exploitation under this act and for the purposes
of this act shall not include any written assessment or findings.

    (o) ``Law enforcement'' means the public office which is vested by law
with the duty to maintain public order, make arrests for crimes and in-
vestigate criminal acts, whether that duty extends to all crimes or is limited
to specific crimes.

    No person shall be considered to be abused, neglected or exploited or
in need of protective services for the sole reason that such person relies
upon spiritual means through prayer alone for treatment in accordance
with the tenets and practices of a recognized church or religious denom-
ination in lieu of medical treatment.

    Sec. 5. K.S.A. 39-1402 is hereby amended to read as follows: 39-
1402. (a) Any person who is licensed to practice any branch of the healing
arts, a licensed psychologist, a licensed master level psychologist, a chief
administrative officer of a medical care facility, an adult care home ad-
ministrator or operator, a licensed social worker, a licensed professional
nurse or, a licensed practical nurse, a teacher, a bank trust officer, a
guardian or a conservator who has reasonable cause to believe that a
resident is being or has been abused, neglected or exploited, or is in a
condition which is the result of such abuse, neglect or exploitation or is
in need of protective services, shall report immediately such information
or cause a report of such information to be made in any reasonable man-
ner to the department of health and environment with respect to residents
defined under (a)(1) and (a)(3) (a)(2) of K.S.A. 39-1401 and amendments
thereto and to the department of social and rehabilitation services with
respect to all other residents. Reports made to one department which are
required by this subsection to be made to the other department shall be
referred by the department to which the report is made to the appropriate
department for that report, and any such report shall constitute compli-
ance with this subsection. Reports shall be made during the normal work-
ing week days and hours of operation of such departments. Reports shall
be made to law enforcement agencies during the time the departments
are not open for business. Law enforcement agencies shall submit the
report and appropriate information to the appropriate department on the
first working day that such department is open for business. A report
made pursuant to K.S.A. 65-4923 or 65-4924 and amendments thereto
shall be deemed a report under this section.

    (b) The report made pursuant to subsection (a) shall contain the
name and address of the person making the report and of the caretaker
caring for the resident, the name and address of the involved resident,
information regarding the nature and extent of the abuse, neglect or ex-
ploitation, the name of the next of kin of the resident, if known, and any
other information which the person making the report believes might be
helpful in an investigation of the case and the protection of the resident.

    (c) Any other person having reasonable cause to suspect or believe
that a resident is being or has been abused, neglected or exploited, or is
in a condition which is the result of such abuse, neglect or exploitation
or is in need of protective services may report such information to the
department of health and environment with respect to residents defined
under (a)(1) and (a)(3) (a)(2) of K.S.A. 39-1401 and amendments thereto
and to the department of social and rehabilitation services with respect
to all other residents. Reports made to one department which are to be
made to the other department under this section shall be referred by the
department to which the report is made to the appropriate department
for that report.

    (d) Notice of the requirements of this act and the department to
which a report is to be made under this act shall be posted in a conspic-
uous place in every adult care home, adult family home and medical care
facility in this state.

    (e) Any person required to report information or cause a report of
information to be made under subsection (a) who knowingly fails to make
such report or cause such report to be made shall be guilty of a class B
misdemeanor.

    Sec. 6. K.S.A. 1997 Supp. 39-1404 is hereby amended to read as
follows: 39-1404. (a) The department of social and rehabilitation services
or the department of health and environment or the department of social
and rehabilitation services upon receiving a report that a resident is being,
or has been, abused, neglected or exploited, or is in a condition which is
the result of such abuse, neglect or exploitation or is in need of protective
services, within 24 hours of receiving such report, shall initiate an inves-
tigation, including a personal visit with the resident and, within two weeks
of receiving such report, shall complete the investigation to determine if
the resident is being or has been abused, neglected or exploited or is in
a condition which is a result of such abuse, neglect or exploitation. The
investigation shall include, but not be limited to, a visit to the named
resident and consultation with those individuals having knowledge of the
facts of the particular case. Upon completion of the investigation of each
case, written findings shall be prepared which shall include a finding of
whether there is or has been abuse, neglect or exploitation, recommended
action and a determination of whether protective services are needed. If
it appears that a crime has occurred, the appropriate law enforcement
agency shall be notified by the department investigating the report.

    (b) The secretary of social and rehabilitation services shall maintain
a register of the reports received and investigated by the department of
social and rehabilitation services, the findings, evaluations and the actions
recommended. The register shall be available for inspection by personnel
of the department of social and rehabilitation services. The secretary of
social and rehabilitation services shall forward a copy of any report of
abuse, neglect or exploitation of a resident investigated by the department
of social and rehabilitation services to the secretary of health and envi-
ronment and, in the case of a report of abuse, neglect or exploitation of
a resident of an adult family home, to the secretary of aging.

    (c) The report received by the department of social and rehabilitation
services and the written findings, evaluations and actions recommended
shall not be deemed a public record or be subject to the provisions of the
open records act. Except as otherwise provided in this section, or in K.S.A.
1997 Supp. 65-6205 and amendments thereto the name of the person
making the original report to the department of social and rehabilitation
services or any person mentioned in such report shall not be disclosed
unless the person making the original report specifically requests or
agrees in writing to such disclosure or unless a judicial proceeding results
therefrom. Except as otherwise provided in this section, no information
contained in the register shall be made available to the public in such a
manner as to identify individuals.

    (d) The secretary of social and rehabilitation services shall forward
any finding of abuse, neglect or exploitation alleged to be committed by
a provider of services licensed, registered or otherwise authorized to pro-
vide services in this state to the appropriate state authority which regu-
lates such provider. The appropriate state regulatory authority may con-
sider the finding in any disciplinary action taken with respect to the
provider of services under the jurisdiction of such authority.

    (e) shall:

    (1) When a criminal act has occurred or has appeared to have oc-
curred, immediately notify the appropriate law enforcement agency;

    (2) make a personal visit with the involved resident:

    (A) Within 24 hours when the information from the reporter indicates
imminent danger to the health or welfare of the involved resident;

    (B) within three working days for all reports of suspected abuse, when
the information from the reporter indicates no imminent danger; or

    (C) within five working days for all reports of neglect or exploitation
when the information from the reporter indicates no imminent danger.

    (3) Complete, within 30 working days of receiving a report, a thor-
ough investigation and evaluation to determine the situation relative to
the condition of the involved resident and what action and services, if any,
are required. The investigation shall include, but not be limited to, con-
sultation with those individuals having knowledge of the facts of the par-
ticular case; and

    (4) prepare, upon a completion of the evaluation of each case, a writ-
ten assessment which shall include an analysis of whether there is or has
been abuse, neglect or exploitation; recommended action; a determination
of whether protective services are needed; and any follow up.

    (b) The department which investigates the report shall inform the
complainant, upon request of the complainant, that an investigation has
been made and, if the allegations of abuse, neglect or exploitation have
been substantiated, that corrective measures will be taken if required.

    (c) The department of health and environment may inform the chief
administrative officer of a facility as defined by K.S.A. 39-923 and amend-
ments thereto of confirmed findings of resident abuse, neglect or exploi-
tation.

    Sec. 7. K.S.A. 39-1409 is hereby amended to read as follows: 39-
1409. In performing the duties set forth in this act, the secretary of social
and rehabilitation services or the secretary of health and environment
may request the assistance of the staffs and resources of all appropriate
state departments, agencies and commissions and local health depart-
ments and may utilize any other public or private agency, group or indi-
vidual who is appropriate and who may be available to assist such de-
partment in the investigation and determination of whether a resident is
being, or has been, abused, neglected or exploited or is in a condition
which is a result of such abuse, neglect or exploitation, except that any
internal investigation conducted by any caretaker under investigation
shall be limited to the least serious category of report as specified by the
secretary of health and environment or the secretary of social and reha-
bilitation services, as applicable.

    Sec. 8. K.S.A. 39-1430 is hereby amended to read as follows: 39-
1430. As used in this act:

    (a) ``Adult'' means an individual 18 years of age or older alleged to
be unable to protect their own interest and who is harmed or threatened
with harm through action or inaction by either another individual or
through their own action or inaction. Such term shall not include a resi-
dent as the term ``resident'' is defined under K.S.A. 39-1401 and amend-
ments thereto when (1) such person is residing in such person's own
home, the home of a family member or the home of a friend, (2) such
person resides in an adult family home as defined in K.S.A. 39-1501 and
amendments thereto, or (3) such person is receiving services through a
provider of community services and affiliates thereof operated or funded
by the department of social and rehabilitation services or the department
on aging or a residential facility licensed pursuant to K.S.A. 75-3307b and
amendments thereto. Such term shall not include persons to whom K.S.A.
39-1401 et seq. and amendments thereto apply.

    (b) ``Abuse'' means the intentional infliction of injury, unreasonable
confinement, fiduciary abuse, intimidation, cruel punishment, omission
or deprivation by a caretaker or another person of goods or services which
are necessary to avoid physical or mental harm or illness. any act or failure
to act performed intentionally or recklessly that causes or is likely to cause
harm to an adult, including:

    (1) Infliction of physical or mental injury;

    (2) any sexual act with an adult when the adult does not consent or
when the other person knows or should know that the adult is incapable
of resisting or declining consent to the sexual act due to mental deficiency
or disease or due to fear of retribution or hardship;

    (3) unreasonable use of a physical restraint, isolation or medication
that harms or is likely to harm an adult;

    (4) unreasonable use of a physical or chemical restraint, medication
or isolation as punishment, for convenience, in conflict with a physician's
orders or as a substitute for treatment, except where such conduct or
physical restraint is in furtherance of the health and safety of the adult;

    (5) a threat or menacing conduct directed toward an adult that results
or might reasonably be expected to result in fear or emotional or mental
distress to an adult;

    (6) fiduciary abuse; or

    (7) omission or deprivation by a caretaker or another person of goods
or services which are necessary to avoid physical or mental harm or ill-
ness.

    (c) ``Neglect'' means the failure or omission by one's self, caretaker
or another person to provide goods or services which are reasonably nec-
essary to ensure safety and well-being and to avoid physical or mental
harm or illness.

    (d) ``Exploitation'' means misappropriation of an adult's property or
intentionally taking unfair advantage of an adult's physical or financial
resources for another individual's personal or financial advantage by the
use of undue influence, coercion, harassment, duress, deception, false
representation or false pretense by a caretaker or another person.

    (e) ``Fiduciary abuse'' means a situation in which any person who is
the caretaker of, or who stands in a position of trust to, an adult, takes,
secretes, or appropriates their money or property, to any use or purpose
not in the due and lawful execution of such person's trust.

    (f) ``In need of protective services'' means that an adult is unable to
provide for or obtain services which are necessary to maintain physical or
mental health or both.

    (g) ``Services which are necessary to maintain physical or mental
health or both'' include, but are not limited to, the provision of medical
care for physical and mental health needs, the relocation of an adult to a
facility or institution able to offer such care, assistance in personal hy-
giene, food, clothing, adequately heated and ventilated shelter, protection
from health and safety hazards, protection from maltreatment the result
of which includes, but is not limited to, malnutrition, deprivation of ne-
cessities or physical punishment and transportation necessary to secure
any of the above stated needs, except that this term shall not include
taking such person into custody without consent except as provided in
this act.

    (h) ``Protective services'' means services provided by the state or
other governmental agency or by private organizations or individuals
which are necessary to prevent abuse, neglect or exploitation. Such pro-
tective services shall include, but shall not be limited to, evaluation of the
need for services, assistance in obtaining appropriate social services, and
assistance in securing medical and legal services.

    (i) ``Caretaker'' means a person who has assumed the responsibility
for an adult's care or financial management or both.

    (j) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

    (k) ``Report'' means a report of abuse, neglect or exploitation under
this act description or accounting of an incident or incidents of abuse,
neglect or exploitation under this act and for the purposes of this act shall
not include any written assessment or findings.

    (l) ``Law enforcement'' means the public office which is vested by law
with the duty to maintain public order, make arrests for crimes, investi-
gate criminal acts and file criminal charges, whether that duty extends to
all crimes or is limited to specific crimes.

    (m) ``Involved adult'' means the adult who is the subject of a report
of abuse, neglect or exploitation under this act.

    No person shall be considered to be abused, neglected or exploited or
in need of protective services for the sole reason that such person relies
upon spiritual means through prayer alone for treatment in accordance
with the tenets and practices of a recognized church or religious denom-
ination in lieu of medical treatment.

    Sec. 9. K.S.A. 39-1431 is hereby amended to read as follows: 39-
1431. (a) Any person who is licensed to practice any branch of the healing
arts, a licensed psychologist, a licensed master level psychologist, the chief
administrative officer of a medical care facility, a teacher, a licensed social
worker, a licensed professional nurse, a licensed practical nurse, a licensed
dentist, a law enforcement officer, a case manager, a guardian or con-
servator, a bank trust officer, a rehabilitation counselor, a holder of a
power of attorney, an owner or operator of a residential care facility, an
independent living counselor and the chief administrative officer of a li-
censed home health agency, the chief administrative officer of an adult
family home and the chief administrative officer of a provider of com-
munity services and affiliates thereof operated or funded by the depart-
ment of social and rehabilitation services or licensed under K.S.A. 75-
3307b and amendments thereto who has reasonable cause to believe that
an adult is being or has been abused, neglected or exploited or is in need
of protective services shall report, within six hours immediately from re-
ceipt of the information, such information or cause a report of such in-
formation to be made in any reasonable manner. An employee of a do-
mestic violence center shall not be required to report information or
cause a report of information to be made under this subsection. Other
state agencies receiving reports that are to be referred to the department
of social and rehabilitation services, shall submit the report to the de-
partment within six hours, during normal work days, of receiving the
information. Reports shall be made to the department of social and re-
habilitation services during the normal working week days and hours of
operation. Reports shall be made to law enforcement agencies during the
time social and rehabilitation services are not in operation. Law enforce-
ment shall submit the report and appropriate information to the depart-
ment of social and rehabilitation services on the first working day that
social and rehabilitation services is in operation.

    (b) The report made pursuant to subsection (a) shall contain the
name and address of the person making the report and of the caretaker
caring for the involved adult, the name and address of the involved adult,
information regarding the nature and extent of the abuse, neglect or ex-
ploitation, the name of the next of kin of the involved adult, if known,
and any other information which the person making the report believes
might be helpful in the investigation of the case and the protection of the
involved adult.

    (c) Any other person having reasonable cause to suspect or believe
that an adult is being or has been abused, neglected or exploited or is in
need of protective services may report such information to the depart-
ment of social and rehabilitation services. Reports shall be made to law
enforcement agencies during the time social and rehabilitation services
are not in operation.

    (d) A person making a report under subsection (a) shall not be re-
quired to make a report under K.S.A. 39-1401 to 39-1410, inclusive, and
amendments thereto. A person making a report under K.S.A. 39-1401 to
39-1410, inclusive, and amendments thereto, shall not be required to
make a report under this act.

    (e) Any person required to report information or cause a report of
information to be made under subsection (a) who knowingly fails to make
such report or cause such report not to be made shall be guilty of a class
B misdemeanor.

    (f) Notice of the requirements of this act and the department to which
a report is to be made under this act shall be posted in a conspicuous
place in every adult family home as defined in K.S.A. 39-1501 and amend-
ments thereto and every provider of community services and affiliates
thereof operated or funded by the department of social and rehabilitation
services or other facility licensed under K.S.A. 75-3307b and amendments
thereto.

    Sec. 10. K.S.A. 39-1433 is hereby amended to read as follows: 39-
1433. (a) The department of social and rehabilitation services upon re-
ceiving a report that an adult is being, or has been abused, neglected, or
exploited or is in need of protective services, shall:

    (1) When a criminal act has occurred or has appeared to have oc-
curred, immediately notify the appropriate law enforcement agency;

    (1) (2) make a personal visit with the involved adult:

    (A) Within 24 hours when the information from the reporter indi-
cates imminent danger to the health or welfare of the involved adult;

    (B) within three working days for all reports of suspected abuse, when
the information from the reporter indicates no imminent danger;

    (C) within five working days for all reports of neglect or exploitation
when the information from the reporter indicates no imminent danger.

    (2) (3) Complete, within two weeks 30 working days of receiving a
report, a thorough investigation and evaluation to determine the situation
relative to the condition of the involved adult and what action and serv-
ices, if any, are required. The evaluation shall include, but not be limited
to, consultation with those individuals having knowledge of the facts of
the particular case. When a criminal act has appeared to have occurred,
law enforcement shall be notified immediately and If the alleged perpe-
trator is licensed, registered or otherwise regulated by a state agency,
such state agency also shall be notified immediately.

    (3) (4) Prepare, upon completion of the evaluation investigation of
each case, a written assessment which shall include an analysis of whether
there is or has been abuse, neglect or exploitation, recommended action,
a determination of whether protective services are needed, and any fol-
low-up.

    (b) The secretary of social and rehabilitation services shall forward
any finding of abuse, neglect or exploitation alleged to have been com-
mitted by a provider of services licensed, registered or otherwise author-
ized to provide services in this state to the appropriate state authority
which regulates such provider. The appropriate state regulatory authority
may consider the finding in any disciplinary action taken with respect to
the provider of services under the jurisdiction of such authority.

    (c) The department of social and rehabilitation services shall inform
the complainant, upon request of the complainant, that an investigation
has been made and if the allegations of abuse, neglect or exploitation have
been substantiated, that corrective measures will be taken.

    (d) The department of social and rehabilitation services may inform
the chief administrative officer of community facilities licensed pursuant
to K.S.A. 75-3307b and amendments thereto of confirmed findings of res-
ident abuse, neglect or exploitation.

    Sec. 11. K.S.A. 39-1435 is hereby amended to read as follows: 39-
1435. In performing the duties set forth in this act, the secretary of social
and rehabilitation services may request the assistance of all state depart-
ments, agencies and commissions and may utilize any other public or
private agencies, groups or individuals who are appropriate and who may
be available. Law enforcement shall be contacted to assist the department
of social and rehabilitation services when the information received on the
report indicates that an adult, residing in such adult's own home or the
home of another individual, an adult family home, a community devel-
opment disabilities facility or residential facility is in a life threatening
situation.

    Sec. 12. K.S.A. 39-1440 is hereby amended to read as follows: 39-
1440. Subsequent to the authorization for the provision of necessary pro-
tective services, the secretary shall initiate a review of each case within
45 60 days to determine where continuation of, or modification in, the
services provided is warranted. A decision to continue the provision of
such services shall comply with the consent provisions of this act. Reev-
aluations of the need for protective services shall be made not less than
every six months thereafter.

    Sec. 13. K.S.A. 59-3036 is hereby amended to read as follows: 59-
3036. (a) (1) If during the pendency of a proceeding initiated under K.S.A.
59-3009 and amendments thereto, it appears that there is an imminent
danger that the physical health or safety of the proposed ward will be
seriously impaired or financial resources will be depleted unless imme-
diate action is taken, the proposed ward, or any adult interested in the
welfare of the proposed ward, may petition the court in which the pro-
ceeding is pending for the emergency appointment of a guardian or con-
servator.

    (2) The petition shall state:

    (A) The names and addresses of the individuals and entities entitled
to notice; and

    (B) the relief requested and the facts and reasons supporting that
request.

    (3) A hearing shall be held no more than 48 hours after a petition for
an emergency appointment has been filed. Notice shall be given in the
manner directed by the court.

    (4) If the court determines that there is an imminent danger that the
physical health or safety of the proposed ward will be seriously impaired
or financial resources will be depleted unless immediate action is taken,
the court shall appoint a guardian or conservator in the manner pre-
scribed in K.S.A. 59-3014 and amendments thereto. The court shall assign
to an emergency appointee only those duties and powers necessary to
protect against the imminent danger shown.

    (5) The emergency appointment shall remain in effect until the con-
clusion of the hearing conducted under K.S.A. 59-3013 and amendments
thereto.

    (b) If at any time the court has probable cause to believe that a guard-
ian or conservator is not effectively performing such person's duties and
powers, and that there is an imminent danger that the physical health or
safety of the ward will be seriously impaired or financial resources will
be depleted unless immediate action is taken, the court shall:

    (1) Suspend and temporarily replace the guardian with a guardian or
conservator meeting the qualifications set forth in K.S.A. 59-3014 and
amendments thereto;

    (2) reassign the duties and powers of the suspended guardian or con-
servator to the emergency appointee; and

    (3) direct the temporary appointee to file a petition under K.S.A. 59-
3029 and amendments thereto within five days if such petition is not
already pending, and submit such reports as may be necessary.

    (c) The court may designate another eligible person selected in ac-
cordance with K.S.A. 59-3014 and amendments thereto to assume the
duties and powers assigned to the guardian or conservator upon the res-
ignation, disability, temporary absence or death of the guardian or con-
servator. The individual so designated, other than an individual desig-
nated because of the temporary absence of a guardian or conservator,
shall submit a report pursuant to K.S.A. 59-3029 and amendments thereto
within 10 days after an individual appointed on a standby basis assumes
the duties of a guardian or conservator. A guardian or conservator serving
on a standby basis may exercise all of the duties and powers assigned to
the predecessor as a guardian or conservator until the conclusion of the
proceedings under K.S.A. 59-3029 and amendments thereto or, in case
of the temporary absence of the predecessor guardian or conservator,
until the predecessor guardian or conservator returns, unless otherwise
ordered by the court.

    (d) This section shall be part of and supplemental to the act for ob-
taining a guardian or conservator, or both.

    New Sec. 14. (a) Unlawful interference with an emergency medical
services attendant is knowingly and intentionally interfering with, mo-
lesting or assaulting, as defined in K.S.A. 21-3408 and amendments
thereto, any attendant while engaged in the performance of such atten-
dant's duties, or knowingly and intentionally obstructing, interfering with
or impeding the efforts of any attendant to reach the location of an emer-
gency.

    (b) As used in this section, ``attendant'' shall have the meaning as-
cribed to such term under K.S.A. 65-6112 and amendments thereto.

    (c) Unlawful interference with an emergency medical services atten-
dant is a class B person misdemeanor.

    (d) This section shall be part of and supplemental to the Kansas crim-
inal code.

    Sec. 15. K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431, 39-
1433, 39-1435, 39-1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-
1404, 65-3501 and 65-3503 are hereby repealed.

    Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.