9 AN ACT
concerning sexual abuse of certain persons; relating to
reporting
10 requirements; amending
K.S.A. 1999 Supp. 39-1402 and repealing the
11 existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 39-1402 is hereby amended to read as
15 follows: 39-1402. (a) Any person who is
licensed to practice any branch
16 of the healing arts, a licensed
psychologist, a licensed master level psy-
17 chologist, a chief administrative officer
of a medical care facility, an adult
18 care home administrator or operator, a
licensed social worker, a licensed
19 professional nurse, a licensed practical
nurse, a teacher, a bank trust of-
20 ficer, a guardian or a conservator who has
reasonable cause to believe
21 that a resident is being or has been
abused, neglected or exploited, or is
22 in a condition which is the result of such
abuse, neglect or exploitation
23 or is in need of protective services, shall
report immediately such infor-
24 mation or cause a report of such
information to be made in any reasonable
25 manner to the department of health and
environment with respect to
26 residents defined under (a)(1) and (a)(2)
of K.S.A. 39-1401 and amend-
27 ments thereto and to the department of
social and rehabilitation services
28 with respect to all other residents,
except that when any such person
29 believes that a resident has been
sexually abused, such person shall report
30 immediately such information or cause a
report of such information to be
31 made in any reasonable manner to a law
enforcement agency. Reports
32 made to one department which are required
by this subsection to be
33 made to the other department shall be
referred by the department to
34 which the report is made to the appropriate
department for that report,
35 and any such report shall constitute
compliance with this subsection. Re-
36 ports shall be made during the normal
working week days and hours of
37 operation of such departments. Reports,
not required by this section to
38 be made to a law enforcement agency,
shall be made to law enforcement
39 agencies during the time the departments
are not open for business. Law
40 enforcement agencies shall submit the
report and appropriate informa-
41 tion to the appropriate department on the
first working day that such
42 department is open for business. A report
made pursuant to K.S.A. 65-
43 4923 or 65-4924 and amendments thereto
shall be deemed a report under
2
1 this section.
2 (b) The
report made pursuant to subsection (a) shall contain the
3 name and address of the person making
the report and of the caretaker
4 caring for the resident, the name and
address of the involved resident,
5 information regarding the nature and
extent of the abuse, neglect or ex-
6 ploitation, the name of the next of
kin of the resident, if known, and any
7 other information which the person
making the report believes might be
8 helpful in an investigation of the
case and the protection of the resident.
9 (c) Any
other person having reasonable cause to suspect or believe
10 that a resident is being or has been
abused, neglected or exploited, or is
11 in a condition which is the result of such
abuse, neglect or exploitation
12 or is in need of protective services may
report such information to the
13 department of health and environment with
respect to residents defined
14 under (a)(1) and (a)(2) of K.S.A. 39-1401
and amendments thereto and
15 to the department of social and
rehabilitation services with respect to all
16 other residents, except that when any
such person believes that a resident
17 has been sexually abused, such person
shall report such information to a
18 law enforcement agency. Reports made
to one department which are to
19 be made to the other department under this
section shall be referred by
20 the department to which the report is made
to the appropriate depart-
21 ment for that report.
22 (d) Notice of the
requirements of this act and the department to
23 which a report is to be made under this act
shall be posted in a conspic-
24 uous place in every adult care home and
medical care facility in this state.
25 (e) A report
involving sexual abuse to a resident shall be in substan-
26 tially the following form:
27
Statement Regarding Concern for Resident
28
[All questions must be fully answered.]
29 1.) Name of person concerned for
resident:
30 2.) Name of resident:
31 3.) I feel that there isat
least a distinct possibility or a substantial suspicion that the
above
32
resident has been sexually molested, abused, or exploited
during their stay at the (Name
33
of Nursing Home).
34
Yes No
35 4.) The reason(s) for my concern
are as follows:
36 5.) I understand that by checking
``yes'' on question #3, I will cause the nursing home to
37
report this matter to law enforcement.
38
Yes No
39 6.) I have given this statement
to:
40
______________________________
41
(Name
of Employee in home receiving form)
42
______________________________
43
Signature
of Concerned Party
3
1 (f) (1) Any person required to report information
or cause a report
2 of information to be made under
subsection (a) who knowingly fails to
3 make such report or cause such report
to be made shall be guilty of a
4 class B nonperson
misdemeanor.
5 (2) Any
person required to report information or cause a report of
6 information to be made when there
is a belief that a resident has been
7 sexually abused who knowingly
fails to make such report or cause such
8 report to be made in the form
provided by subsection (e) is guilty of a
9 class A nonperson misdemeanor
punishable with a minimum fine of $400.
10 Sec. 2. K.S.A. 1999 Supp.
39-1402 is hereby repealed.
11 Sec. 3. This act shall
take effect and be in force from and after its
12 publication in the statute book.