Session of 2000
SENATE BILL No. 399
By Senator Salmans
1-7
10 AN ACT
concerning the behavioral sciences regulatory board; relating
11 to professions
regulated by the board; relating to confidential com-
12 munications; repealing
K.S.A. 65-6315, as amended by section 15 of
13 chapter 117 of the
1999 Session Laws of Kansas, and 74-5323, as
14 amended by section 28
of chapter 117 of the 1999 Session Laws of
15 Kansas, and K.S.A.
1998 Supp. 65-5810, as amended by section 9 of
16 chapter 117 of the
1999 Session Laws of Kansas, and K.S.A. 1998 Supp.
17 65-6410, as amended by
section 23 of chapter 117 of the 1999 Session
18 Laws of Kansas, and
K.S.A. 1998 Supp. 74-5372, as amended by sec-
19 tion 36 of chapter 117
of the 1999 Session Laws of Kansas.
20
21 Be it enacted by the Legislature of the
State of Kansas:
22 Section
1. (a) As used in this section:
23 (1) "Client"
means a person who consults or is examined, inter-
24 viewed, diagnosed or treated by a
licensee.
25 (2) "Licensee"
means any person licensed by the behavioral sciences
26 regulatory board who receives a
confidential communication from a client
27 if such communication was not intended to
be disclosed to third persons.
28 (3) "Ancillary
personnel" means any employee of a licensee who is not
29 included in the definition of licensee.
30 (b) A client of a
licensee has a privilege to prevent a licensee or an-
31 cillary personnel from testifying or
otherwise disclosing that the client has
32 been or is currently receiving treatment or
from testifying or otherwise
33 disclosing any confidential communications
made for the purposes of con-
34 sultation, examination, interview,
diagnosis or treatment of the client's
35 mental, alcoholic, drug dependency or
emotional condition.
36 (c) The privilege
extends to individual, family or group therapy under
37 the direction or supervision of the
licensee and includes members of the
38 client's family. The privilege may be
claimed by the client, by the client's
39 guardian or conservator or by the personal
representative of a deceased
40 client. The licensee shall claim the
privilege on behalf of the client unless
41 the client has made a written waiver of the
privilege and provided the
42 licensee with a copy of such waiver or
unless one of the exceptions pro-
43 vided by subsection (e) is applicable.
2
1
(d) Confidential communications shall extend to those persons
pres-
2 ent to further the interests of the
client in the consultation, examination,
3 interview, diagnosis or treatment;
ancillary personnel; persons who are
4 participating in the consultation,
examination, interview, diagnosis and
5 treatment under the direction or
supervision of the licensee, including
6 members of the client's family; and
any other persons who the client
7 reasonably believes needs the
communication to assist in the client's con-
8 sultation, examination, interview,
diagnosis or treatment.
9 (e) The
privilege established by subsections (b) and (c) shall not ex-
10 tend to:
11 (1) Any
communication relevant to an issue in proceedings to invol-
12 untarily commit to treatment a client for
mental illness, alcoholism or
13 drug dependency if the licensee in the
course of diagnosis or treatment
14 has determined that the client is in need
of hospitalization;
15 (2) an order for
examination of the mental, alcoholic, drug depend-
16 ency or emotional condition of the client
which is entered by a judge,
17 with respect to the particular purpose for
which the examination is or-
18 dered, except the privilege shall extend to
the nondisclosure of any in-
19 formation which would incriminate or
implicate a client of a criminal act
20 except if such criminal act is specified in
subparagraph (e)(4);
21 (3) any
proceeding in which the client relies upon any of the afore-
22 mentioned conditions as an element of the
client's claim or defense, or,
23 after the client's death, in any proceeding
in which any party relies upon
24 any of the client's conditions as an
element of a claim or defense;
25 (4) any
communication which forms the substance of information
26 which the licensee or the client is
required by law to report to a public
27 official, which shall include, but not be
limited to, child abuse pursuant
28 to K.S.A. 38-1522, and amendments thereto,
and adult abuse pursuant to
29 article 14 of chapter 39 of the Kansas
Statutes Annotated, and amend-
30 ments thereto, unless the statute requiring
the report or record specifi-
31 cally provides that the information shall
not be disclosed;
32 (5) any
information necessary for the emergency treatment of a client
33 or former client if the licensee states in
writing the reasons for disclosure
34 of the communication and makes such
statement a part of the treatment
35 or medical record of the client;
36 (6) information
relevant to protect a person who has been threatened
37 with substantial physical harm by a client
during the course of treatment,
38 when such person has been specifically
identified by the client, the li-
39 censee believes there is substantial
likelihood that the client will act on
40 such threat in the reasonable foreseeable
future and the licensee has
41 concluded that notification should be
given. The client shall be notified
42 that such information has been
communicated;
43 (7) any
information to the client or former client, except that the
3
1 licensee may refuse to disclose
portions of such records if the licensee
2 states in writing that such
disclosure will be inadvisable or injurious to
3 the welfare of the client or former
client;
4 (8) any
information to any state or national accreditation or certifi-
5 cation or licensing authority, but
the licensee shall require, before such
6 disclosure is made, a pledge that the
name of any client or former client
7 shall not be disclosed to any person
not otherwise authorized by law to
8 receive such information;
9 (9) any
information to the Kansas advocacy protective services, inc.
10 which concerns individuals who reside in a
treatment facility and which
11 is required by federal law and federal
rules and regulations to be available
12 pursuant to a federal grant-in-aid
program;
13 (10) any
information relevant to the collection of a bill for profes-
14 sional services rendered by a licensee;
15 (11) any
information sought by a coroner serving under the laws of
16 Kansas when such information is material to
an investigation or proceed-
17 ing conducted by the coroner in the
performance of such coroner's official
18 duties. Information obtained by a coroner
under this provision shall be
19 used for official purposes only and shall
not be made public unless ad-
20 mitted as evidence by a court or for
purposes of performing the coroner's
21 statutory duties;
22 (12) any
communication and information between or among treat-
23 ment facilities regarding a proposed
client, client or former client of such
24 treatment facility for purposes of
promoting continuity of care between
25 the state psychiatric hospitals and the
community mental health centers;
26 the consent of the proposed client, client
or former client of such treat-
27 ment facility shall not be necessary to
share evaluation and treatment
28 records between or among treatment
facilities regarding a proposed cli-
29 ent, client or former client of such
treatment facility; as used in this par-
30 agraph, "proposed client" and "client"
shall have the meanings respec-
31 tively ascribed thereto in K.S.A. 1999
Supp. 59-2946 and amendments
32 thereto; or
33 (13) any
communication or information relevant to investigation or
34 adjudication of an alleged violation of the
act, or rules and regulations
35 adopted thereunder, under which the
licensee practices.
36 (f) The licensee
shall not disclose any information subject to subsec-
37 tion (e)(3) unless a judge has entered an
order finding that the client has
38 made such client's condition an issue of
the client's claim or defense. The
39 order shall prohibit the parties from
disclosing otherwise confidential in-
40 formation to any other person.
41 (g) Nothing in
this section or in this act shall be construed to prohibit
42 any licensee from testifying in court
hearings concerning matters of adult
43 abuse, adoption, child abuse, child
neglect, or other matters pertaining
4
1 to the welfare of children or from
seeking collaboration or consultation
2 with professional colleagues or
administrative superiors, or both, on be-
3 half of the client.
4 Sec. 2. K.S.A. 65-6315, as
amended by section 15 of chapter 117 of
5 the 1999 Session Laws of Kansas, and
74-5323, as amended by section
6 28 of chapter 117 of the 1999 Session
Laws of Kansas, and K.S.A. 1998
7 Supp. 65-5810, as amended by section
9 of chapter 117 of the 1999 Ses-
8 sion Laws of Kansas, and K.S.A. 1998
Supp. 65-6410, as amended by
9 section 23 of chapter 117 of the 1999
Session Laws of Kansas, and K.S.A.
10 1998 Supp. 74-5372, as amended by section
36 of chapter 117 of the 1999
11 Session Laws of Kansas are hereby
repealed.
12 Sec 3. This act shall take
effect and be in force from and after its
13 publication in the statute book.