An Act relating to care and treatment of drug and alcohol abusers; local care and treatment; amending K.S.A. 65-4003, 65-4012, 65-4013, 65-4014, 65-4015, 65-4017, 65-4018, 65- 4024, 65-4025, 65-4026, 65-4027, 65-4028, 65-4030, 65-4031, 65-4032, 65-4033, 65- 4035, 65-4036, 65-4037, 65-4038, 65-4040, 65-4041, 65-4042, 65-4044, 65-4045, 65- 4048, 65-4049, 65-4050, 65-4054, 65-4056, 65-4601, 65-4602, 65-4603, 65-4605, 65-4609, 65-5201, 65-5202, 65-5204, 65-5205, 65-5206, 65-5208, 65-5210, 65-5211, 65- 5212, 65-5213, 65-5215, 65-5216, 65-5217, 65-5219, 65-5220, 65-5223, 65-5224, 65- 5225 and 65-5229 and K.S.A. 1995 Supp. 65-4016, 65-4043 and 65-5218 and repealing the existing sections.

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

New Section 1. (a) As used in sections 1 to 5, inclusive:

(1) ``Secretary'' means the secretary of social and rehabilitation serv- ices;

(2) ``department'' means the department of social and rehabilitation services; and

(3) ``institution'' means any institution within the department.

(b) Unless the context requires otherwise, terms defined in K.S.A. 65-4003, 65-4602 and 65-5201 and amendments thereto shall have the same meaning when used in sections 1 to 5, inclusive, as is specified in such sections.

New Sec. 2. From and after October 1, 1996, no institution shall admit any individual for care or treatment of alcohol abuse or drug abuse with the exception that Larned state hospital and Osawatomie state hos- pital may admit an individual for detoxification services or alcohol abuse or drug abuse care and treatment provided to inmates in the custody of the secretary of corrections as clinically indicated. From and after October 1, 1996, public treatment facilities and other treatment facilities licensed under K.S.A. 65-4001 et seq., 65-4601 et seq. or 65-5201 et seq. and amendments thereto as specified or directed by the secretary or a district court shall admit and give appropriate care and treatment to alcohol and drug abusers.

New Sec. 3. The secretary shall develop care and treatment pro- grams to enlist, by agreement, public and private treatment facilities li- censed under K.S.A. 65-4001 et seq., 65-4601 et seq. and 65-5201 et seq. and amendments thereto to receive any or only certain, alcohol or drug abusers as provided in each such agreement.

New Sec. 4. The secretary shall adopt rules and regulations appli- cable to the programs specified in sections 2, 3 and 4 and to any matters requiring regulation to make the transition contemplated by sections 2, 3 and 4 including the making of provisions for transfer from any institution operated by the secretary to an appropriate facility which has agreed to accept individuals to be so transferred and to give appropriate care and treatment to such individuals.

New Sec. 5. On October 1, 1996, when an individual is located in an institution by the order of a court, the secretary shall cause appropriate application to be made to such court for transfer of such individual from such institution to a facility licensed as provided in K.S.A. 65-4014. The court to which such an application is made shall cause to be issued its order to make such transfer as it deems reasonable as to both time and place. Such court shall cause to be given notice, as it deems appropriate, to interested parties of any hearing the court chooses to hold before mak- ing such an order.

Sec. 6. K.S.A. 65-4003 is hereby amended to read as follows: 65- 4003. For the purposes of this act:

(1) ``Alcoholic'' means an individual who habitually lacks self-control as to the use of alcoholic beverages or uses alcoholic beverages to the extent that the individual's health is substantially impaired or endangered or the individual's social or economic function is substantially disrupted;

(2) ``private treatment facility'' means a private agency providing fa- cilities for the care or lodging of alcoholics meeting the standards pre- scribed in K.S.A. 65-4013 and amendments thereto, and licensed under K.S.A. 65-4014 and amendments thereto, for the treatment of alcoholics or intoxicated individuals or individuals incapacitated by alcohol;

(3) ``public treatment facility'' means a treatment facility owned and operated by the state of Kansas or any political subdivision thereof of the state of Kansas and licensed by the secretary under K.S.A. 65-4014 and amendments thereto, as an appropriate place for the care and treatment of alcoholic or intoxicated individuals or individuals incapacitated by al- cohol;

(4) ``treatment facility'' means a public or private treatment facility, but such term shall not include a licensed medical care facility, a licensed adult care home, a facility licensed under K.S.A. 75-3307b and amend- ments thereto, a community-based alcohol and drug safety action pro- gram certified under K.S.A. 8-1008 and amendments thereto and per- forming only those functions for which the program is certified to perform under K.S.A. 8-1008 and amendments thereto or a psychologist or phy- sician who treats in the usual course of the psychologist's or physician's professional practice alcoholics or intoxicated individuals or individuals incapacitated by alcohol and are not exclusively engaged in the usual course of the individual's professional practice in treating such individuals or a state institution even if detoxification services may have been obtained at a state institution;

(5) ``committee'' means the Kansas citizens' committee on alcohol and other drug abuse;

(6) ``department'' means the department of social and rehabilitation services;

(7) ``emergency service patrol'' means a patrol established under K.S.A. 65-4056 and amendments thereto;

(8) ``incapacitated by alcohol'' means that an individual, as the result of the use of alcohol, is unconscious or has impaired judgment so that (a) such individual is incapable of realizing and making a rational decision with respect to such individual's need for treatment; or (b) such individual lacks sufficient understanding or capacity to make or communicate re- sponsible decisions concerning either such individual's well-being or es- tate;

(9) ``disabled individual'' means an individual who has been adjudi- cated disabled pursuant to K.S.A. 59-3002 et seq., and amendments thereto;

(10) ``intoxicated individual'' means an individual whose mental or physical functioning is substantially impaired as a result of the use of alcohol;

(11) ``treatment'' means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evalu- ation, medical, psychiatric, psychological, and social service care, voca- tional rehabilitation and career counseling, which may be extended to alcoholics and intoxicated individuals;

(12) ``patient'' means an individual who is a voluntary patient, a pro- posed patient or an involuntary patient;

(13) ``voluntary patient'' means an individual who is voluntarily re- ceiving care or treatment at a treatment facility other than by order of any court;

(14) ``proposed patient'' means an individual for whom an application pursuant to K.S.A. 65-4032 and amendments thereto has been filed;

(15) ``involuntary patient'' means an alcoholic or an individual inca- pacitated by alcohol who is receiving care or treatment under an order of a district court;

(16) ``other facilities for care or treatment'' means any mental health clinic, medical care facility, nursing home, physician or any other insti- tution or individual authorized or licensed by law to give care or treatment to any patient;

(17) ``physician'' means an individual licensed to practice medicine and surgery as provided by the Kansas healing arts act;

(18) ``head of the treatment facility'' means the administrative direc- tor of a treatment facility;

(19) ``care or treatment'' means such necessary services as are in the best interests of the physical and mental health of the patient;

(20) ``discharge'' means the final and complete release from care or treatment, by either an order of a district court pursuant to K.S.A. 65- 4042 and amendments thereto or a treatment facility;

(21) ``convalescent'' describes the status of any patient who has not been discharged, but who is permitted by the head of the treatment facility to live apart from a treatment facility;

(22) (21) the various terms defined in K.S.A. 59-3002 and amend- ments thereto for obtaining a guardian or conservator, or both, mean the same herein as they do in that act;

(23) (22) ``law enforcement officer'' means any individual who by vir- tue of office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;

(24) (23) ``person'' means any individual, firm, partnership, corpora- tion, company, association, or joint stock association, and the legal suc- cessor thereof;

(25) (24) ``governmental unit'' means the state, or any county, mu- nicipality or other political subdivision thereof of the state; or any de- partment, division, board or other agency of any of the foregoing;

(26) (25) ``secretary'' means the secretary of social and rehabilitation services;

(27) (26) ``state institution'' means any institution within the depart- ment of social and rehabilitation services which Larned state hospital and Osawatomie state hospital to the extent that either facility offers alcohol- ism treatment detoxification programs; and

(28) (27) ``psychologist'' means an individual authorized to practice psychology as provided by the licensure of psychologists act of the state of Kansas.;

(28) ``designated state funded assessment center'' or ``assessment cen- ter'' means a treatment facility designated by the secretary; and

(29) ``counselor'' means a state certified alcohol and drug abuse coun- selor.

Sec. 7. K.S.A. 65-4012 is hereby amended to read as follows: 65- 4012. On and after July 1, 1973, No person or governmental unit acting severally or jointly with any other person or governmental unit shall es- tablish, conduct or maintain a public or private treatment facility in this state without a license under this law.

Sec. 8. K.S.A. 65-4013 is hereby amended to read as follows: 65- 4013. (a) An application for a license to establish, conduct, manage or operate a treatment facility for alcoholics shall be made to the secretary upon forms provided by the secretary and shall contain such information as the secretary may require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted under this act and the act of which this section is amendatory amendments thereto. In addition, the secretary may require, by duly adopted rules and regulations, that all applications be accompa- nied by an application fee of not to exceed $100 as prescribed by such rules and regulations of the secretary.

(b) The secretary of health and environment shall have the authority to may adopt reasonable rules and regulations with regard to the health standards which must be maintained by treatment facilities and may en- force such rules and regulations in accordance with the authority granted the secretary of health and environment under K.S.A. 65-425 et seq. and any amendments thereto. If the rules and regulations of the secretary of health and environment establish such standards, an application under this section shall be accompanied by certification from the secretary of health and environment that the applicant has met the requirements es- tablished by such rules and regulations.

Sec. 9. K.S.A. 65-4014 is hereby amended to read as follows: 65- 4014. (a) Upon receipt of an application for license, if the secretary ap- proves the applicant as meeting the minimum requirements established by or pursuant to this act for a treatment facility, the secretary shall issue a license. A license, unless suspended or revoked, shall be renewable as set forth in subsection (b) upon the filing of an annual report upon such uniform dates and containing such information in such the form as the secretary may require by duly adopted requires by rules and regulations. In addition, Such rules and regulations may require that all applications for renewal of a license be accompanied by a fee, in an amount prescribed by such rules and regulations, not to exceed $100. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the secretary. Licenses shall be posted in a con- spicuous place on the licensed premises.

(b) The secretary may issue a license renewable at the end of one, two or three years depending upon a facility's level of compliance with the standards and rules and regulations adopted by the secretary pursuant to K.S.A. 65-4016 and amendments thereto.

Sec. 10. K.S.A. 65-4015 is hereby amended to read as follows: 65- 4015. The secretary, after notice and opportunity for hearing to the ap- plicant or licensee, is authorized to may deny, suspend or revoke a license in any case in which if the secretary finds that there has been a substantial failure to comply with the requirements established under this act. Such notice shall fix a date, not less than 30 days from the date of such notice, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing.

Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.

Any action of the secretary under this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

Sec. 11. K.S.A. 1995 Supp. 65-4016 is hereby amended to read as follows: 65-4016. The secretary shall adopt rules and regulations with respect to all treatment facilities to be licensed hereunder as may be and designed to further the accomplishment of the purposes of this law in promoting a safe and adequate treatment program for individuals in treat- ment facilities in the interest of public health, safety and welfare includ- ing, but not limited to, minimum qualifications for employees of licensed or certified programs which are less than the qualifications required for a registered alcohol and other drug abuse counselor. Boards of trustees or directors of institutions licensed pursuant to the provisions of under this act shall have the right to select the professional staff members of such institutions and to select and employ interns, nurses and other per- sonnel.

Sec./007006/K.S.A. 65-4017 is hereby amended to read as follows: 65- 4017. Any treatment facility which is in operation at the time of prom- ulgation of any applicable adoption of rules or and regulations or mini- mum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed two (2) years from the date of such promulgation, within which adoption to comply with such rules and reg- ulations and minimum standards.

Sec./007006/K.S.A. 65-4018 is hereby amended to read as follows: 65- 4018. The secretary shall make or cause to be made such inspections and investigations as the secretary deems necessary. A licensee shall be in- spected at least once each licensing period. The secretary may prescribe by adopt rules and regulations that any licensee or applicant desiring to make specified types of alteration or additions to its facilities or to con- struct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the secre- tary of health and environment for preliminary inspection and approval or recommendations with respect to compliance with the standards and rules and regulations authorized by Kansas statutes. Necessary confer- ences and consultations may be provided.

Sec./007006/K.S.A. 65-4024 is hereby amended to read as follows: 65- 4024. The secretary shall adopt and may amend or revoke rules and reg- ulations for acceptance of persons into the treatment program, consid- ering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and intoxicated persons. In estab- lishing the adopting rules or and regulations the secretary shall be guided by the following standards:

(1) If possible a patient shall be treated on a voluntary rather than an involuntary basis.

(2) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he or she is found to require inpatient treatment.

(3) A person shall not be denied treatment solely because he or she such person has withdrawn from treatment against medical advice on a prior occasion or because he or she such person has relapsed after earlier treatment.

(4) An individualized treatment plan shall be prepared and main- tained on a current basis for each patient.

(5) Provisions shall be made for a continuum of coordinated treat- ment services, so that a person who leaves a facility or a form of treatment will have available other appropriate treatment.

Sec./007006/K.S.A. 65-4025 is hereby amended to read as follows: 65- 4025. (a) An alcoholic may apply for voluntary treatment directly to a public treatment facility or state institution. The voluntary admission of a proposed patient who is a minor, ward or disabled individual pursuant to K.S.A. 59-3002, and amendments thereto, shall be subject to the pro- visions of K.S.A. 59-3018, and amendments thereto.

(b) Subject to rules and regulations adopted by the secretary, the head of a public treatment facility or state institution may determine who shall be admitted for treatment. If an individual is refused admission to a public treatment facility or state institution, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution, subject to rules and regulations adopted by the secretary, shall refer the individual to another public treatment facility or state institution for treatment if possible and appropriate.

(c) If a voluntary patient receiving inpatient care leaves a public treat- ment facility or state institution, such patient shall be encouraged to con- sent to appropriate outpatient or intermediate treatment.

(d) If a voluntary patient leaves a public treatment facility or state institution, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution may make reasonable provisions for the transportation of the patient to another fa- cility or to the patient's home. If the patient has no home the patient may be assisted in obtaining shelter.

(e) If the patient is a minor, ward or disabled individual, the request for discharge from an inpatient alcohol treatment facility shall be subject to the provisions of K.S.A. 59-3018, and amendments thereto.

Sec./007006/K.S.A. 65-4026 is hereby amended to read as follows: 65- 4026. (a) An intoxicated person may come voluntarily to a public treat- ment facility or state institution for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if the person consents to the proffered help, may be assisted to such per- son's home, a public treatment facility or state institution, a private treat- ment facility, or other health facility or state institution by a law enforce- ment officer or the emergency service patrol.

(b) A person who comes or is brought voluntarily to a public treat- ment facility or state institution shall be examined by a physician as soon as possible. Such person may then be admitted as a patient or referred to another health treatment facility. The referring public treatment facility or state institution shall arrange for the transportation of the person being transferred.

(c) A person who is not admitted to a public treatment facility or state institution, is not referred to another health treatment facility, and has no funds, may be taken to such person's home, if any. If such person has no home, the public treatment facility or state institution may assist such person in obtaining shelter.

(d) If a patient is admitted to a public treatment facility or state in- stitution, the patient's family or next of kin, with the permission of the patient shall be notified as promptly as possible.

(e) The law enforcement officer or members of the emergency patrol who act in compliance with this section are acting in the course of their official duty and shall not be held criminally or civilly liable therefor.

(f) If the head of the public treatment facility or state institution de- termines it is for the patient's benefit, based on a medical examination by a physician, the patient shall be encouraged to agree to further diag- nosis and appropriate voluntary treatment.

Sec./007006/K.S.A. 65-4027 is hereby amended to read as follows: 65- 4027. (A) (a) Any law enforcement officer who has reasonable belief, upon observation, that any individual is intoxicated or incapacitated by alcohol and because of this condition is likely to be physically injured or to phys- ically injure others if allowed to remain at liberty may take such individual into custody without a warrant. The officer shall transport such individual to any treatment facility, or other facility for care or treatment, which has a physician or psychologist on staff where such individual shall be ex- amined by a physician or psychologist at such facility. If no physician or psychologist is available at the time such individual is transported to the facility, such examination shall be made within a reasonable time not to exceed 17 hours. If a written statement is made by such physician or psychologist at the treatment facility that after preliminary examination such physician or psychologist believes such individual to be intoxicated or incapacitated by alcohol and because of this is likely to be physically injured or to physically injure others if allowed to remain at liberty, and if such treatment facility is willing to admit such individual the law en- forcement officer shall present to such treatment facility the application provided for in subsection (B) (b) of K.S.A. 65-4028 and amendments thereto. If the physician or psychologist does not believe such individual to be intoxicated or incapacitated by alcohol, the law enforcement officer shall release such individual.

(B) (b) If the physician or psychologist states that the physician or psychologist believes such individual to be intoxicated or incapacitated by alcohol but the treatment facility is unwilling to admit such individual, or if there is no treatment facility available to receive such individual within the territorial limits of the law enforcement officer's jurisdiction, the law enforcement officer may detain such individual in any other suitable place until the close of the first day such court is open for the transaction of business, unless the court orders that such individual remain in custody pursuant to the provisions of K.S.A. 65-4031 and amendments thereto. If a law enforcement officer detains a person pursuant to this subsection, the law enforcement officer shall file the application provided for in sub- section (B) (b) of K.S.A. 65-4028 and amendments thereto as soon as the court is open for the transaction of business.

(C) (c) A taking into protective custody pursuant to this section is not to be construed as an arrest and no entry or other record shall be made to indicate the individual has been arrested or charged with a criminal offense.

Sec./007006/K.S.A. 65-4028 is hereby amended to read as follows: 65- 4028. Any public or private treatment facility or state institution may admit and detain any individual for emergency observation, care or treat- ment under any of the following procedures:

(A) (a) Upon an order of protective custody issued by a district court pursuant to K.S.A. 65-4031 and amendments thereto.

(B) (b) Upon written application of any law enforcement officer hav- ing custody of any individual pursuant to K.S.A. 65-4027 and amendments thereto. The application shall state:

(1) The name and address of the individual, if known;

(2) the name and address of the spouse or nearest relative of the individual, if known;

(3) the officer's belief that the individual is intoxicated or incapaci- tated by alcohol and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances under which the individual was taken into cus- tody; and

(5) that the law enforcement officer will submit the application pro- vided for in subsection (A) (a) of K.S.A. 65-4031 and amendments thereto, by 5:00 5 p.m. of the next day that the district court is open for the transaction of business or that the officer has been informed by a parent, guardian or other individual in loco parentis to the person taken into custody that such person, whose name shall be stated in the appli- cation, will file the application provided for in subsection (B) (b) of K.S.A. 65-4031 and amendments thereto, within such time.

(C) (c) Upon the written application of any reputable individual. The application shall state:

(1) The name and address of the individual against whom the appli- cation is filed, if known;

(2) the name and address of the spouse or nearest relative of such individual, if known;

(3) the applicant's belief that such individual is intoxicated or inca- pacitated by alcohol and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances in support of such belief; and

(5) that the applicant will submit the application provided for in sub- section (B) (b) of K.S.A. 65-4031 and amendments thereto, by 5:00 5 p.m. of the next day that the district court is open for transaction of business.

(D) (d) The application shall be accompanied by a statement in writ- ing of a physician or psychologist stating that the individual against whom the application is filed has been examined within 72 hours before the date of the statement and confirming the existence of the described condition of such person, provided however,. If a physician or psychologist is una- vailable to perform such examination or the proposed patient refuses or is otherwise unavailable, then the application shall so indicate and an examination shall be made not more than 72 hours after the filing of the application.

Upon the filing of the written application, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution may authorize and order in writing any law enforcement officer or other person to take into custody and transport such individual to the treatment facility.

(E) (e) Any treatment facility or personnel thereof, who in good faith renders treatment in accordance with law to any individual admitted pur- suant to subsection (B) or (C) (b) or (c), shall not be liable in a civil or criminal action based upon a claim that such treatment was rendered without legal consent.

Sec. 19. K.S.A. 65-4030 is hereby amended to read as follows: 65- 4030. The head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution shall discharge any individual admitted pursuant to subsection (A) (a) of K.S.A. 65-4028 and amendments thereto when the order of protective custody expires. The head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution shall discharge any individual admitted pursuant to subsection (B) or (C) (b) or (c) of K.S.A. 65-4028 and amendments thereto, not later than the close of the first day that the district court of the county of the presence of such individual is available after the admission date of such individual unless an order of protective custody, pursuant to K.S.A. 65-4031 and amendments thereto has been entered by the district court of the county of the presence of or residence of such individual.

Sec. 20. K.S.A. 65-4031 is hereby amended to read as follows: 65- 4031. A district court may issue an ex parte order of protective custody under any of the following circumstances:

(A) (a) Upon the verified application of any law enforcement officer. The application shall state:

(1) The name and address of the proposed patient, if known;

(2) the name and address of the spouse or nearest relative of the proposed patient, if known;

(3) the affiant's belief that the proposed patient is intoxicated or in- capacitated by alcohol and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances under which the proposed patient was taken into custody; and

(5) the application provided for in K.S.A. 65-4032 and amendments thereto has been filed.

This order shall only be valid until 5:00 5 p.m. of the second day the district court is open for the transaction of business after the date of issuance, but in no case more than 72 hours following the issuance of such order, excluding Saturdays, Sundays and legal holidays. The district court shall not issue successive orders of protective custody pursuant to this subsection.

(B) (b) Upon the verified application of any reputable individual, if the application provided for in K.S.A. 65-4032 and amendments thereto has been filed in the court. The application shall state:

(1) The application provided for in K.S.A. 65-4032 and amendments thereto has been filed;

(2) the affiant's belief that the proposed patient is intoxicated or in- capacitated by alcohol; and

(3) because of the proposed patient's intoxication or incapacitation by alcohol, the proposed patient is likely to be injured or to injure others if not immediately detained.

This order shall only be valid until the conclusion of the hearing held pursuant to K.S.A. 65-4036 and amendments thereto.

(C) (c) A district court may issue an order of protective custody at any time after the hearing provided for in K.S.A. 65-4036 and amend- ments thereto, if the court has found at such hearing that the proposed patient is intoxicated or incapacitated by alcohol. This order shall be valid until the order for treatment is executed.

(D) (d) If an order of protective custody is issued pursuant to sub- section (A) or (B) (a) or (b), the court shall hold a hearing to determine whether there is probable cause to believe the allegations made pursuant to subsection (A) or (B) (a) or (b). Such hearing shall be held within 72 hours after the filing of the application. The proposed patient shall be present at such hearing unless the attorney for the proposed patient re- quests that the proposed patient's presence be waived and the court finds that the proposed patient's presence at the hearing would be injurious to the proposed patient's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed patient at the hearing would be injurious to the proposed patient's welfare. Notwithstanding the foregoing provisions of this sub- section, if the proposed patient requests in writing to the court or to the proposed patient's attorney that the proposed patient be present at the hearing, the proposed patient's presence cannot be waived.

(E) (e) If the proposed patient is in custody pursuant to the provisions of K.S.A. 65-4027 and amendments thereto or to subsection (B) (b) of K.S.A. 65-4028 and amendments thereto, at the time the application is filed, the court may order that the proposed patient remain in custody at a treatment facility, state institution or other suitable place until the con- clusion of the hearing held pursuant to the provisions of this section. If the proposed patient is not in custody at the time the application is filed, the court may order that the proposed patient be taken into custody and placed in a treatment facility, state institution or other suitable place will- ing to receive the proposed patient until the conclusion of the hearing held pursuant to the provisions of this section.

(F) (f) The applicant and the proposed patient shall be notified of the time and place of the hearing and afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. If the proposed patient has not retained an attorney, the court shall appoint an attorney for the proposed patient in the same manner as an attorney is appointed under the provisions of subsection (C) (c) of K.S.A. 65-4033 and amendments thereto. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the proposed pa- tient. The court shall receive all relevant and material evidence which may be offered. If the applicant is not represented by counsel, the county or district attorney shall represent the applicant, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determine to be of aid to the court in determining whether or not there is probable cause to believe that the proposed pa- tient is an alcoholic or incapacitated by alcohol and is likely to be injured or to injure others if not immediately detained. If the court determines from the evidence that there is probable cause to believe that the pro- posed patient is an alcoholic or incapacitated by alcohol and is likely to be injured or to injure others if not immediately detained, the court shall issue an order of protective custody; otherwise, the court shall terminate the proceedings.

(G) (g) The order of protective custody issued pursuant to provisions of this section may authorize a health officer, physician, law enforcement officer or other person to take the proposed patient into custody and to transport and place the proposed patient in a designated public or private treatment facility or state institution or other suitable place willing to receive the proposed patient and may designate the place of detention, but no proposed patient shall be detained in protective custody in a non- medical facility used for the detention of individuals charged with or con- victed of a crime unless other facilities are not available. In lieu of such detention, the order of protective custody may allow the proposed patient to be at liberty, subject to such conditions as the court may impose, pend- ing the hearing provided for in K.S.A. 65-4036 and amendments thereto or pending the execution of the order for care or treatment.

Sec. 21. K.S.A. 65-4032 is hereby amended to read as follows: 65- 4032. Any reputable individual may file in the district court of the county of the proposed patient's residence or presence a verified application to determine whether the proposed patient is an alcoholic or incapacitated by alcohol. The application shall state:

(1) The applicant's belief that the proposed patient is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that the proposed patient: (a) Has threatened, attempted, or inflicted physical harm to self or another and that unless committed is likely to be injured or to injure another; or (b) is incapacitated by alcohol; however, a refusal to undergo voluntary treatment does not constitute, in and of itself, evidence of lack of judgment as to the need for treatment, and the facts upon which such beliefs are based;

(2) the name, age, residence, and present address of the proposed patient, if known to the applicant;

(3) the name and address of the nearest relatives of the proposed patient, if known to the applicant, and if not known, that the applicant has made diligent inquiry to learn the name of such relatives;

(4) the pecuniary condition of the proposed patient to the extent known by the applicant;

(5) the name and address of the person, if any, having custody and control of the proposed patient if known to the applicant;

(6) the names and addresses of witnesses by whom the truth of the application may be proved;

(7) a request that the court make a determination that the proposed patient is an alcoholic or incapacitated by alcohol and make one or more of the orders provided for in subsection (B) (b) of K.S.A. 65-4031, or K.S.A. 65-4032 and 65-4033, and amendments to those sections.

Unless the court allows an application to be accompanied by a verified statement by the applicant that the person named in the application has refused to submit to an examination by a physician or psychologist, any such application shall be accompanied by a signed statement of a physi- cian or psychologist stating that the physician or psychologist has exam- ined the proposed agent patient and the results of the examination on the issue of whether the proposed patient is an alcoholic or incapacitated by alcohol.

Sec. 22. K.S.A. 65-4033 is hereby amended to read as follows: 65- 4033. Upon the filing of the application provided for in K.S.A. 65-4032 and amendments thereto, the district court shall issue the following:

(A) (a) An order fixing the time and place of the hearing on the ap- plication. The time designated in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the application, unless advanced pursuant to K.S.A. 65-4034 and amendments thereto. In any case where the proposed patient is absent and the service of the notice on the proposed patient cannot be served because of the absence, the time of absence shall not be included in computing the time of the expiration of the fourteen-day 14-day limitation above.

(B) (b) An order that the proposed patient appear at the time and place of the hearing. The proposed patient shall be present at the hearing, unless the attorney of the proposed patient requests that the proposed patient's presence be waived and the court finds that the proposed pa- tient's presence at the hearing would be injurious to the proposed pa- tient's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed patient at the hearing would be injurious to the proposed patient's wel- fare. Notwithstanding the foregoing provisions of this subsection, if the proposed patient requests in writing to the court or to the proposed pa- tient's attorney that the proposed patient be present at the hearing, the proposed patient's presence cannot be waived.

(C) (c) An order appointing an attorney to represent the proposed patient at all stages of the proceedings. The court shall give preference, in the appointment of the attorney, to any attorney who has represented the proposed patient in other matters if the court has knowledge of the prior relationship. The proposed patient shall have the right to engage an attorney of the proposed patient's own choice and, in such an event, the attorney appointed herein shall be relieved of all duties by the court.

(D) (d) An order that the proposed patient shall appear at a time and place that is in the best interests of the proposed patient to consult with the attorney for the proposed patient, which time shall be prior to the execution of the order for evaluation unless an order of protective custody has been issued and detention of the proposed patient thereunder is in a place outside the jurisdiction of the court.

(E) (e) A notice in the manner provided for in K.S.A. 65-4035 and amendments thereto.

(F) (f) An order for evaluation. Such order may be served on the proposed patient at the same time or after notice is given. It shall be served in the manner provided for in K.S.A. 65-4035 and amendments thereto. It shall order the proposed patient to submit to an evaluation and to undergo such evaluation by a physician or, psychologist or state certified alcohol and drug abuse counselor using the American society of addiction medicine evaluation criteria at a designated state funded as- sessment center or at a public or private treatment facility, state institution or mental health clinic designated by the court in the order. A public or private treatment facility or state institution assessment center shall re- ceive and evaluate any proposed patient ordered evaluated under this subsection (F) (f). The order for evaluation shall require the examiner physician, psychologist or assessment center to prepare and submit to the court a report in writing of the evaluation at the time designated by the court in the order, but in no event later than three days prior to the date of the hearing provided for in K.S.A. 65-4036 and amendments thereto. In addition, such order shall state that the report also shall be made available only to counsel for the parties at least three days prior to such hearing. Such report shall state that the examiner physician, psychologist or assessment center has made an examination of the proposed patient and shall state the results of the examination on the issue of whether the proposed patient is an alcoholic or incapacitated by alcohol. Such order shall be issued unless the court determines that the statement of the physician, psychologist or assessment center if any, filed with the appli- cation is a sufficient evaluation. Upon the filing of the application pro- vided for in K.S.A. 65-4032 and amendments thereto, the district court may in its discretion authorize and order any law enforcement officer or other person designated in the order to take the proposed patient into custody and transport such patient forthwith before the court or at the earliest time the court is available at which time the court or an attorney appointed by the court shall explain to the proposed patient the nature of the proceedings and the rights of the proposed patient. If the proposed patient at this time consents in writing that the hearing not be set for 60 days so that the court may make an order of referral the court, in its discretion, may refer the proposed patient for a period of time until the treatment is completed but not to exceed 60 days for short-term care or treatment in any of the following facilities:

(i) A public or private treatment facility or state institution;

(ii) any facility of the United States government available for the care or treatment of an alcoholic or individual incapacitated by alcohol;

(iii) other facilities for care or treatment except that an order for care or treatment in any of the facilities described in paragraphs (ii) and (iii) of this subsection (F) (f) shall be conditioned upon the consent of such facility.

(G) (g) An order for the disclosure of all records, reports, evaluations or other treatment documents that are deemed necessary for the pro- ceedings before the court. Such order shall be subject to the limitations established by K.S.A. 65-4050 and amendments thereto.

(H) (h) Upon the issuance by the court of the referral order as pro- vided in this section the court may in its discretion issue only those man- datory orders provided herein as the court may deem necessary and proper and shall not be subject to the qualifications for issuing a referral order as provided in K.S.A. 65-4037 and amendments thereto.

Sec. 23. K.S.A. 65-4035 is hereby amended to read as follows: 65- 4035. (1) The notice required by subsection (E) (e) of K.S.A. 65-4033 and amendments thereto shall be given to the proposed patient named in the application, the attorney appointed pursuant to subsection (C) (c) of K.S.A. 65-4033 and amendments thereto, and to such other persons as the court shall direct. The notice shall state:

(A) (a) That an application has been filed, alleging that the proposed patient is an alcoholic or is incapacitated by alcohol and requesting that the court order care or treatment;

(B) (b) the time and place of the hearing and whether the proposed patient shall be present thereat;

(C) (c) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall consult with such attorney;

(D) (d) that the proposed patient has a right to demand a hearing before a jury.

(2) The court may order any of the following to serve the notice:

(A) (a) The physician or, psychologist or assessment center currently administering to the proposed patient, provided, if applicable, the phy- sician or psychologist consents;

(B) (b) the head of the local public or private treatment facility or state institution or the designee of the head of such treatment facility or state institution in which the proposed patient is present;

(C) (c) the local health officer or the officer's designee;

(D) (d) the secretary of social and rehabilitation services or the se- cretary's designee;

(E) (e) any law enforcement officer.

The notice shall be served personally on the proposed patient and the attorney appointed pursuant to subsection (C) (c) of K.S.A. 65-4033 and amendments thereto not less than five days prior to the date of the hear- ing and immediate return thereof shall be made. The public or private treatment facility or the state institution shall cooperate in the service of notice under this section. Notice to all other persons shall be in such manner and within such time as the court shall direct.

Sec. 24. K.S.A. 65-4036 is hereby amended to read as follows: 65- 4036. The hearing shall be held at the time and place specified in the court's order unless the proposed patient has requested a continuance as provided in K.S.A. 65-4032 and amendments thereto or 65-4034 and amendments thereto. The hearing shall be held to the court only, unless the proposed patient, at least 48 hours prior to the time of the hearing, requests in writing a hearing before a jury.

The jury, if one is requested, shall consist of six individuals and shall be selected as provided by law.

Within 48 hours immediately prior to and during the hearing provided for in this section, a physician or psychologist may not administer to a proposed patient any medication or therapy which will alter such pro- posed patient's mental state in such a way as to adversely affect such patient's judgment or hamper such patient in preparing for or participat- ing in the hearing, unless such medication or therapy is necessary to sustain life or protect the patient or others. The court shall enter an order directing the physician or psychologist to present to the court a record of all such medications or therapy, or both, that have been administered to the proposed patient during the 48 hours immediately prior to the hear- ing.

The applicant and the proposed patient shall be afforded an opportu- nity to appear at the hearing, to testify and to present and cross-examine witnesses. All persons not necessary for the conduct of the proceedings may be excluded. The hearings shall be conducted in as informal a man- ner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the proposed patient. The court shall receive all relevant and material evidence which may be offered, including the testimony or written findings and recommendations of the hospital, clinic, counselor, physician or psychologist who has examined or evaluated the proposed patient and the testimony and written findings and recommendations of the investigators pursuant to subsection (B) (b) of K.S.A. 65-4034 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.

If the applicant is not represented by counsel, the county or district attorney shall represent the applicant, prepare all necessary papers, ap- pear at the hearing and present such evidence as such counsel shall de- termine to be of aid to the court in determining whether the proposed patient is an alcoholic or incapacitated by alcohol.

If, upon the completion of the hearing, the court finds by clear and convincing evidence that the proposed patient is an alcoholic or incapac- itated by alcohol, the court shall order care or treatment for the proposed patient at any of the following facilities:

(A) (a) A public or private treatment facility or state institution;

(B) (b) any facility of the United States government available for the care or treatment of an alcoholic or individual incapacitated by alcohol;

(C) (c) other facilities for care or treatment.

An order for care or treatment in any of the facilities described in paragraph (B) or (C) (b) or (c) shall be conditioned upon the consent of such facility.

When the court orders care or treatment in facilities described in (B) or (C) (b) or (c), it shall retain jurisdiction to modify, change or terminate such order.

If, upon the completion of the hearing the court or jury finds that the proposed patient has not been shown by clear and convincing evidence to be an alcoholic or incapacitated by alcohol, the court shall enter the finding in the record and shall by an appropriate order terminate the proceedings.

Sec. 25. K.S.A. 65-4037 is hereby amended to read as follows: 65- 4037. (1) The proposed patient, at any time prior to the hearing provided for in K.S.A. 65-4036 and amendments thereto, may request, in writing, that the hearing be continued for 60 days so that the court may make an order of referral. Upon receipt of such request, the court may order the referral of the proposed patient for a period of time until the treatment is completed but not to exceed 60 days, for short-term care or treatment, to any of the following facilities:

(A) (a) A public or private treatment facility or state institution;

(B) (b) any facility of the United States government available for the care or treatment of an alcoholic or individual incapacitated by alcohol;

(C) (c) other facilities for care or treatment.

An order for care or treatment in any of the facilities described in paragraph (B) or (C) (b) or (c) shall be conditioned upon the consent of such facility.

(2) The court shall not issue an order of referral unless:

(A) (a) The report of the examiner physician, psychologist or coun- selor, provided for in subsection (F) (f) K.S.A. 65-4033 and amendments thereto or the statement of the physician or psychologist, if one has been filed with the application and found by the court to be a sufficient eval- uation, states that the proposed patient is an alcoholic or incapacitated by alcohol;

(B) (b) the attorney representing the proposed patient has filed a statement, in writing, stating that the attorney has explained to the pro- posed patient the nature of the order of referral and right of the proposed patient to a hearing before a court or jury to determine whether the proposed patient is an alcoholic or incapacitated by alcohol.

Any order of referral under this section shall include an order for the disclosure, preparation and submission of written findings and recom- mendations of the treatment facility or state institution.

Any proposed patient who has been referred for care or treatment under this section may be accepted for voluntary admission in a public or private treatment facility or state institution pursuant to K.S.A. 65- 4026 and amendments thereto, or if referred to a public or private treat- ment facility or state institution, may be discharged by such facility pur- suant to K.S.A. 65-4043 and amendments thereto. When the proposed patient has been admitted as a voluntary patient or discharged, the public or private treatment facility or state institution shall file written notice of the change in status of the proposed patient in the court which had or- dered the referral. The filing of either notice shall constitute a dismissal of the pending application.

Unless the proposed patient has been accepted as a voluntary patient by a public or private treatment facility or state institution or discharged by a public or private treatment facility or state institution, the facility treating the proposed patient shall, not later than 10 days prior to the expiration date of the referral period, file a written report of its findings and recommendations with the court. The court shall then set the date for the hearing. Such hearing date shall not be later than the expiration date of the referral period, unless continued for good cause shown.

Sec. 26. K.S.A. 65-4038 is hereby amended to read as follows: 65- 4038. All orders of referral or for care or treatment in a public treatment facility or state institution shall be made on the form prescribed by the secretary. Admission shall be to the public treatment facility or state in- stitution previously designated by the secretary to accept persons from the area of the court's jurisdiction, and at a time specified by the head of the public treatment facility or state institution which shall be not more than five days after the date of the order. Notice of the order shall be given immediately to the designated public treatment facility or state institution.

Sec. 27. K.S.A. 65-4040 is hereby amended to read as follows: 65- 4040. (a) An order of referral or care or treatment to a public treatment facility or state institution shall be executed within five days by the ad- mission of the proposed patient or involuntary patient to a public treat- ment facility or state institution. An order of referral or for care or treat- ment to a private treatment or other facility for care or treatment which is listed on the register maintained by the secretary under subsection (b) shall be executed within five days, or as soon thereafter as possible, by admission of the proposed patient or involuntary patient to the facility. An order of referral or for care or treatment to a private treatment facility which is not listed on the register maintained by the secretary under subsection (b) or other facility for care or treatment which is not listed on the register maintained by the secretary under subsection (b) shall be executed, as soon as such treatment facility or other facility for care or treatment consents, by admission of the proposed patient or involuntary patient to the private treatment facility or other facility for care or treat- ment.

(b) The secretary shall maintain a register of each private treatment facility or other facility for care or treatment which agrees to accept pro- posed patients or involuntary patients. The secretary shall provide a cur- rent copy of the register to each district court in this state not less than twice during any calendar year.

Sec. 28. K.S.A. 65-4041 is hereby amended to read as follows: 65- 4041. After the application provided for in K.S.A. 65-4032 or 65-4042 and amendments thereto is filed, the district court may at any time, on its own motion or upon the written request of any person, transfer the venue of any case to any of the following district courts under the following conditions:

(A) (a) When the application is filed in the county of the residence of the patient to:

(1) The county where the patient is being detained in a public or private treatment facility or state institution under the authority of an order issued pursuant to K.S.A. 65-4036 or 65-4037 and amendments thereto; or

(2) any other county designated by the court, provided that the pa- tient has made a request for a change of venue and the district court finds that the patient cannot obtain a fair hearing in the county of the patient's residence.

(B) (b) When the application is filed in the county of the presence of the patient to:

(1) The county of the residence of the patient;

(2) the county where the patient is being detained in a public or private treatment facility or state institution under the authority of an order issued pursuant to K.S.A. 65-4036 or 65-4037 and amendments thereto; or

(3) any other county designated by the court, provided that the pa- tient has made a request for a change of venue and the district court finds that the patient cannot obtain a fair hearing in the county of the patient's presence.

If any patient is in a public or private treatment facility or state insti- tution, the district court of the county in which the treatment facility or state institution is located may not transfer venue under any circum- stances unless the patient has requested such transfer.

When any order changing venue is issued, the district court issuing such order shall transmit to the district court to which venue was changed a certified copy of all pleadings and orders in the case. The district court issuing such order shall transmit to the district court of the residence of the proposed patient or, if the county of residence is not ascertainable, to the secretary a statement of all court costs incurred by the county of the district court issuing such order and a certified copy of all pleadings and orders in the case.

Any district court to which venue is transferred shall proceed in the case as if the application had been originally filed therein and shall cause notice of the change of venue to be given to the persons and in the manner provided for in K.S.A. 65-4035 and amendments thereto. The court need not issue the order for evaluation pursuant to subsection (F) (f) of K.S.A. 65-4033 and amendments thereto if such order has previously been is- sued.

Any district court to which venue is transferred shall transmit a state- ment of any court costs incurred and a certified copy of all pleadings and orders in the case to the district court of the county of the residence of the patient or, if the county of residence is not ascertainable, to the sec- retary.

Sec. 29. K.S.A. 65-4042 is hereby amended to read as follows: 65- 4042. Any involuntary patient or any person on behalf of an involuntary patient may file a verified application for discharge in the district court that issued the order for care or treatment. The application shall state:

(A) (a) The name of the involuntary patient;

(B) (b) the name and address of the nearest relatives of the invol- untary patient, if known to the applicant;

(C) (c) a request for discharge.

Such an application may not be filed within three months from the date of the original order for care or treatment nor more often than once every three months thereafter.

Upon the filing of the application, the district court shall proceed with a hearing in the same manner and with the same powers as if an appli- cation, pursuant to K.S.A. 65-4032 and amendments thereto had been filed in the court. The court shall not issue the orders provided for in subsection (F) (f) of K.S.A. 65-4033 and amendments thereto and sub- section (B) (b) of K.S.A. 65-4034 and amendments thereto but shall give notice of the time and place of the hearing to the treatment facility, state institution or other facilities for care or treatment to which the involuntary patient was ordered for care or treatment.

Upon the completion of the hearing, if the district court finds by clear and convincing evidence that the involuntary patient continues to be an alcoholic or incapacitated by alcohol, the district court shall order either that the original order for care or treatment continue or that a new order for care or treatment be issued. If the court finds that it has not been shown by clear and convincing evidence that the patient continues to be an alcoholic or incapacitated by alcohol, it shall discharge the patient. A copy of the court's order shall be sent by mail to the involuntary patient and to the treatment facility, state institution or other facilities for care or treatment to which the involuntary patient had been ordered for care or treatment.

Sec. 30. K.S.A. 1995 Supp. 65-4043 is hereby amended to read as follows: 65-4043. The commissioner of mental health and developmental disabilities may transfer any patient from any institution under the control of such commissioner to any other such institution whenever the com- missioner deems it to be in the best interest of the patient.

When any proposed patient or involuntary patient has been ordered to any treatment facility or state institution on referral or for care or treat- ment, the head of the treatment facility or state institution shall discharge such patient when such patient is no longer in need of care and treatment.

The head of the treatment facility or state institution may release any patient on convalescent status when the head of the treatment facility or state institution believes that such release is in the best interest of the patient.

The treatment facility or state institution shall continue to have the responsibility to formulate a plan of treatment for the mental well-being of any patient released on convalescent status. Such responsibility shall also include a plan of care or treatment and the place where it shall be received, notwithstanding any law authorizing the patient or the patient's guardian, if any, to determine such place. The head of the treatment facility or state institution shall have the authority to change the plan or place of care or treatment whenever the head of the treatment facility or state institution deems it necessary for the welfare of the patient. Such authority shall include the right to revoke the release on convalescent status and to order the patient readmitted to the treatment facility or state institution, as applicable. The head of the treatment facility or state institution may authorize and order any law enforcement officer or other person to take into custody and transport the patient to a treatment fa- cility, state institution or other facility for care or treatment. Prior to the end of the first year on convalescent status, and not less often than an- nually thereafter while an involuntary patient is on convalescent status, the head of the treatment facility or state institution shall reexamine the facts relating to the care or treatment of the involuntary patient on con- valescent status.

Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.

Sec. 31. K.S.A. 65-4044 is hereby amended to read as follows: 65- 4044. The head of the treatment facility or state institution shall notify, in writing, the district court, which has ordered the care or treatment of the involuntary patient or the referral of the proposed patient, of the patient's discharge or of the patient's release on convalescent status. When a notice of discharge is received, the court shall file the same in the record, which shall terminate the proceedings. When a notice of re- lease on convalescent status is received, the court shall file the same in the records.

Sec. 32. K.S.A. 65-4045 is hereby amended to read as follows: 65- 4045. If any patient leaves the place of care or treatment without the authority of the head of the treatment facility or state institution, the head of the treatment facility or state institution may authorize and order, in writing, any law enforcement officer or other person to take such patient into custody and transport such patient to such place as may be directed by the head of the treatment facility or state institution. The expense of such transportation shall be borne by such treatment facility or state in- stitution.

Sec. 33. K.S.A. 65-4048 is hereby amended to read as follows: 65- 4048. Every patient detained in a treatment facility, state institution or other facility for care or treatment shall have the absolute right to com- municate by letter with the secretary or any other person in the depart- ment of social and rehabilitation services, the head of the treatment fa- cility, the head of the state institution, any court, physician, or attorney. The head of the treatment facility or state institution may impose reason- able rules and regulations on any patient concerning communication by letter or otherwise with any person or agencies and concerning the pa- tient's right to receive visitors. Any patient shall have the right to be visited by any physician or attorney at any reasonable hour. Any person willfully depriving any patient of the rights protected by this section shall be guilty of a class C misdemeanor.

Sec. 34. K.S.A. 65-4049 is hereby amended to read as follows: 65- 4049. Except as limited by this act, a person shall not lose such person's rights as a citizen, such person's property rights or such person's legal capacity by reason of being a patient. The head of the treatment facility or state institution may make reasonable rules and regulations concerning the exercise of such rights by the patients in the treatment facility or state institution, respectively.

Sec. 35. K.S.A. 65-4050 is hereby amended to read as follows: 65- 4050. (a) The district court, hospital or medical records of any patient or former patient that are in the possession of any district court, public or private treatment facility, state institution or other facility for care or treatment shall be privileged to the patient and shall not be disclosed except as:

(1) Otherwise provided in this act, or

(2) under any of the following conditions:

(A) Upon the consent, in writing, of the patient or former patient, or if such patient is under 16 years of age, by such patient's parent, or if such patient has a guardian, by the guardian. However, The head of the treatment facility or state institution or the head of the other facility for care or treatment who has the records may refuse to disclose such records if the head of such facility or state institution has stated, in writing, that such disclosure will be injurious to the welfare of the patient or former patient.

(B) Upon a bona fide medical emergency without the consent of the patient or former patient.

(C) Upon the directive of the secretary to the Kansas citizens' com- mittee on alcohol and other drug abuse disclosure may be made from patient's records for purposes of research into the causes of and treatment of alcoholism. The information furnished under this subsection shall not be published in any way which may disclose the patient's name or other identifying information.

(D) Upon the order of any court of record pursuant to subpart (E) of part 2 of volume 42 of the code of federal regulations in effect on the effective date of this act.

(b) Any person willfully violating Violation of this section shall be guilty of is a class C misdemeanor.

Sec. 36. K.S.A. 65-4054 is hereby amended to read as follows: 65- 4054. In the event of the sudden or unexpected death of a patient in a treatment facility or state institution, the head of the treatment facility or state institution shall give notice of such death to the county or district attorney and the coroner. Notice of the death of any proposed patient or involuntary patient shall be given to the district court having issued the order of referral or care or treatment, which notice shall include the time, place and cause of death.

Sec. 37. K.S.A. 65-4056 is hereby amended to read as follows: 65- 4056. (a) The secretary and counties, cities and other municipalities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and shall transport intoxi- cated persons to their homes or to and from public treatment facilities or state institutions.

(b) The secretary shall adopt rules and regulations for the establish- ment, training, and conduct of emergency service patrols.

Sec. 38. K.S.A. 65-4601 is hereby amended to read as follows: 65- 4601. From and after July 1, 1976, No person, corporation, or govern- mental unit shall establish, conduct, manage, or operate a public or pri- vate treatment facility for drug abusers in this state without first obtaining a license therefor. Any Violation of this section shall constitute is a class C misdemeanor.

Sec. 39. K.S.A. 65-4602 is hereby amended to read as follows: 65- 4602. As used in this act the following terms and phrases shall have the meaning respectively ascribed to them by this section:

(a) ``Drug abuser'' means a person who habitually lacks self-control as to the use of drugs or uses drugs to the extent that his or her such person's health is substantially impaired or endangered or his or her such person's social or economic function is substantially disrupted, but such term shall not include a person who habitually lacks self-control in the use of alcohol;

(b) ``treatment facility for drug abusers'' means a facility for the care, treatment, or lodging of persons over sixteen (16) years of age who are drug abusers, but such term shall not include a licensed medical care facility, a licensed adult care home or a facility licensed under the pro- visions of K.S.A. 75-3307b, or any and amendments thereto; and

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

Sec. 40. K.S.A. 65-4603 is hereby amended to read as follows: 65- 4603. (a) An application for a license to establish, conduct, manage or operate a treatment facility for drug abusers shall be made to the secretary upon forms provided by the secretary and shall contain such information as the secretary may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted pursuant to this act. In addition, All applications must be accompanied by an application fee of not to exceed $100 fixed by the secretary by rules and regulations.

(b) If the application is for a facility where the drug abuser will re- ceive food or lodging the application must be accompanied by a certificate from the secretary of health and environment certifying that the applicant has been approved by the secretary of health and environment to provide food service or lodging. The secretary of health and environment shall have the authority to may adopt reasonable rules and regulations with regard to the health standards which must be maintained by treatment facilities for drug abusers. If the rules and regulations of the secretary of health and environment establish such standards an application under this section shall be accompanied by certification from the secretary of health and environment that the applicant has met the requirements established by such rules and regulations.

(c) The application fee in effect under this section on the day pre- ceding the effective date of this act shall continue in effect until the secretary fixes a different application fee by rules and regulations.

Sec. 41. K.S.A. 65-4605 is hereby amended to read as follows: 65- 4605. (a) The secretary shall issue a license if the applicant meets the minimum requirements established by or pursuant to this act for a treat- ment facility for drug abusers. A license, unless suspended or revoked, shall be renewable as set forth in subsection (b) upon the filing of an annual report upon such uniform dates and containing such information in such the form as the secretary may require provide. An application for renewal of a license shall be accompanied by a fee not to exceed $100 as fixed by the secretary by rules and regulations and the certification from the secretary of health and environment that the applicant has met the requirements of the secretary of health and environment. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the secretary. Licenses shall be posted in a conspicuous place on the licensed premises.

(b) The secretary may issue a license renewable at the end of one, two or three years depending upon a facility's level of compliance with the standards and rules and regulations adopted by the secretary pursuant to K.S.A. 65-4607 and amendments thereto.

Sec. 42. K.S.A. 65-4609 is hereby amended to read as follows: 65- 4609. Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a treat- ment facility for drug abusers without a license under this act.

Sec. 43. K.S.A. 65-5201 is hereby amended to read as follows: 65- 5201. For the purposes of this act:

(a) ``Approved private treatment facility'' means a private agency pro- viding facilities for the care or lodging of drug abusers meeting the stan- dards prescribed in K.S.A. 65-4603 and amendments thereto and K.S.A. 65-4607 and amendments thereto for the treatment of drug abusers or persons incapacitated by drugs;

(b) ``approved public treatment facility'' means a treatment facility owned and operated by the state of Kansas or any political subdivision thereof of the state of Kansas and approved by the secretary, pursuant to K.S.A. 65-4603 and amendments thereto and K.S.A. 65-4607 and amend- ments thereto;

(c) ``treatment facility'' means an approved public or private treat- ment facility, but such term shall not include a licensed medical care facility, a licensed adult care home or a facility licensed under the pro- visions of K.S.A. 75-3307b and amendments thereto, or a licensed psy- chologist or a person licensed to practice medicine or surgery if such psychologist or person licensed to practice medicine or surgery treats in the usual course of their professional practice drug abusers or persons incapacitated by drugs and are not exclusively engaged in the usual course of their professional practice in treating such persons, or a state institution even if detoxification services may have been obtained at such state insti- tution;

(d) ``committee'' means the Kansas citizens' committee on alcohol and other drug abuse;

(e) ``department'' means the department of social and rehabilitation services;

(f) ``disabled person'' means a person who has been adjudicated dis- abled pursuant to K.S.A. 59-3002 et seq., and amendments thereto;

(g) ``intoxicated person'' means a person whose mental or physical functioning is substantially impaired as a result of the use of drugs;

(h) ``treatment'' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic eval- uation, medical, psychiatric, psychological, and social service care, voca- tional rehabilitation and career counseling, which may be extended to drug abusers and intoxicated persons;

(i) ``patient'' means a person who is a voluntary patient, a proposed patient, or an involuntary patient;

(j) ``voluntary patient'' means a person who is voluntarily receiving care or treatment at a treatment facility other than by order of any court;

(k) ``proposed patient'' means a person for whom an application pur- suant to K.S.A. 65-5207 and amendments thereto has been filed;

(l) ``involuntary patient'' means a person incapacitated by drugs who is receiving care or treatment under an order of a district court;

(m) ``other facilities for care or treatment'' means any mental health clinic, medical care facility, nursing home, physician or any other insti- tution or individual authorized or licensed by law to give care or treatment to any patient;

(n) ``physician'' means a person licensed to practice medicine and surgery under the Kansas healing arts act;

(o) ``head of the treatment facility'' means the administrative director of a treatment facility;

(p) ``care or treatment'' means such necessary services as are in the best interests of the physical and mental health of the patient;

(q) ``discharge'' means the final and complete release from care or treatment, by either an order of a district court pursuant to K.S.A. 65- 5217 and amendments thereto or a treatment facility;

(r) ``convalescent'' shall describe the status of any patient who has not been discharged, but who is permitted by the head of the treatment facility to live apart from a treatment facility;

(s) (r) the various terms defined in K.S.A. 59-3002 and amendments thereto for obtaining a guardian or conservator, or both, mean the same herein as they do in that act;

(t) (s) ``law enforcement officer'' means any person who, by virtue of office or public employment, is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;

(u) (t) ``governmental unit'' means the state, or any county, munici- pality, or other political subdivision thereof of the state; or any depart- ment, division, board or other agency of any of the foregoing;

(v) (u) ``secretary'' means the secretary of social and rehabilitation services;

(w) (v) ``drug abuser'' means a person who habitually lacks self-con- trol as to the use of drugs or uses drugs to the extent that such person's health is substantially impaired or endangered or such person's social or economic function is substantially disrupted, but such term shall not in- clude a person who habitually lacks self-control in the use of alcohol;

(x) (w) ``incapacitated by drugs'' means that a person, as a result of use of drugs, is unconscious or has impaired judgment so that such per- son: (1) Is incapable of realizing and making a rational decision with re- spect to the need for treatment; or (2) lacks sufficient understanding or capacity to make or communicate responsible decisions concerning either such person's well-being or estate;

(y) (x) ``state institution'' means any institution within the department of social and rehabilitation services which offers drug and alcoholism treatment programs;

(z) (y) ``drug'' means the following: (1) The same as the term con- trolled substance in K.S.A. 65-4101 and amendments thereto, and (2) fluorocarbons, toluene and volatile hydrocarbon solvents; and

(aa) (z) ``psychologist'' means a licensed psychologist, as defined by K.S.A. 74-5302 and amendments thereto.;

(aa) ``designated state funded assessment center'' or ``assessment cen- ter'' means a treatment facility designated by the secretary; and

(bb) ``counselor'' means a state certified alcohol and drug abuse coun- selor.

Sec. 44. K.S.A. 65-5202 is hereby amended to read as follows: 65- 5202. (a) A drug abuser may apply for voluntary treatment directly to an approved public treatment facility or state institution. The voluntary ad- mission of a proposed patient who is a minor, ward or disabled person pursuant to K.S.A. 59-3002 and amendments thereto shall be subject to the provisions of K.S.A. 59-3018 and amendments thereto.

(b) Subject to rules and regulations adopted by the secretary, the head of an approved public treatment facility or state institution may determine who shall be admitted for treatment. If a person is refused admission to an approved public treatment facility or state institution, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution, subject to rules and regulations adopted by the secretary, shall refer the person to another approved public treatment facility or state institution for treatment if possible and appropriate.

(c) If a voluntary patient receiving inpatient care leaves an approved public treatment facility or state institution, such patient shall be en- couraged to consent to appropriate treatment.

(d) If a voluntary patient leaves an approved public treatment facility or state institution, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution may make reasonable provisions for the transportation of the patient to another facility or to the patient's home. If the patient has no home the patient may be assisted in obtaining shelter. If the patient is a minor, ward or disabled person, the request for discharge from an inpatient facility shall be subject to the provisions of K.S.A. 59-3018 and amendments thereto.

Sec. 45. K.S.A. 65-5204 is hereby amended to read as follows: 65- 5204. Any public or private treatment facility or state institution may admit and detain any person for emergency observation, care or treatment under any of the following procedures:

(a) Upon an order of protective custody issued by a district court pursuant to K.S.A. 65-5206 and amendments thereto.

(b) Upon written application of any law enforcement officer having custody of any person pursuant to K.S.A. 65-5203 and amendments thereto. The application shall state:

(1) The name and address of such person, if known;

(2) the name and address of the spouse or nearest relative, if known;

(3) the officer's belief that such person is intoxicated or incapacitated by drugs and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances under which such person was taken into cus- tody; and

(5) that the law enforcement officer will submit the application pro- vided for in K.S.A. 65-5206 and amendments thereto by 5 p.m. of the next day that the court is open for the transaction of business or that the officer has been informed by a parent, guardian or other person in loco parentis to the person taken into custody that such parent, guardian or other person, whose name shall be stated in the application, will file the application provided for in K.S.A. 65-5206 and amendments thereto, within that time.

(c) Upon the written application of any reputable individual. The ap- plication shall state:

(1) The name and address of such person, if known;

(2) the name and address of the spouse or nearest relative, if known;

(3) the applicant's belief that such person is intoxicated or incapaci- tated by drugs and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances in support of such belief; and

(5) that the applicant will submit the application provided for in K.S.A. 65-5206 and amendments thereto by 5 p.m. of the next day that the district court is open for the transaction of business.

The application shall be accompanied by a statement in writing of a physician or psychologist stating that such person has been examined within 72 hours before the date of the statement and confirming the existence of the described condition of such person. If a physician or psychologist is unavailable to perform such examination or the proposed patient refuses or is otherwise unavailable, the application shall so indicate and an examination shall be made not more than 72 hours after the filing of the application.

Upon the filing of the written application, the head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution may authorize and order in writing any law enforcement officer or other person to take into custody and transport such person to the treatment facility or state institution.

(d) Any treatment facility, or personnel thereof, which in good faith renders treatment in accordance with law to any person admitted pur- suant to subsection (b) or (c) shall not be liable in a civil action based upon a claim that such treatment was rendered without legal consent.

Sec. 46. K.S.A. 65-5205 is hereby amended to read as follows: 65- 5205. The head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution shall discharge any person admitted pursuant to subsection (a) of K.S.A. 65-5204 and amendments thereto when the order of protective custody expires. The head of the treatment facility or state institution or the designee of the head of the treatment facility or state institution shall discharge any per- son admitted pursuant to subsection (b) or (c) of K.S.A. 65-5204 and amendments thereto, not later than the close of the first day that the district court of the county of the presence of such person is available after the admission date of such person unless an order of protective custody, pursuant to K.S.A. 65-5206 and amendments thereto has been entered by the district court of the county of the presence of or residence of such person.

Sec. 47. K.S.A. 65-5206 is hereby amended to read as follows: 65- 5206. A district court may issue an ex parte order of protective custody under any of the following circumstances:

(a) Upon the verified application of any law enforcement officer. The application shall state:

(1) The name and address of the person, if known;

(2) the name and address of the spouse or nearest relative, if known;

(3) the affiant's belief that the person is intoxicated or incapacitated by drugs and because of this is likely to be injured or to injure others if not immediately detained;

(4) the circumstances under which the person was taken into custody; and

(5) the application provided for in K.S.A. 65-5207 and amendments thereto has been filed.

This order shall only be valid until 5 p.m. of the second day the district court is open for the transaction of business after the date of issuance, but in no case more than 72 hours following the issuance of such order, excluding Saturdays, Sundays and legal holidays. The district court shall not issue successive orders of protective custody pursuant to this subsec- tion.

(b) Upon the verified application of any reputable person, if the ap- plication provided for in K.S.A. 65-5207 and amendments thereto has been filed in the court. The application shall state:

(1) The application provided for in K.S.A. 65-5208 and amendments thereto has been filed;

(2) the affiant's belief that the proposed patient is intoxicated or in- capacitated by drugs; and

(3) because of the proposed patient's intoxication or incapacity, such person is likely to be injured or to injure others if not immediately de- tained.

This order shall only be valid until the conclusion of the hearing held pursuant to K.S.A. 65-5211 and amendments thereto.

(c) A district court may issue an order of protective custody at any time after the hearing provided for in K.S.A. 65-5211 and amendments thereto, if the court has found at such hearing by clear and convincing evidence that the proposed patient is intoxicated or incapacitated by drugs. This order shall be valid until the order for treatment is executed.

(d) If an order of protective custody is issued pursuant to subsection (a) or (b), the court shall hold a hearing to determine whether there is probable cause to believe the allegations made pursuant to subsection (a) or (b). Such hearing shall be held within 72 hours after the filing of such application, excluding Sundays and legal holidays. The person against whom the application has been filed shall be present at such hearing unless the attorney for such person shall request that such person's pres- ence be waived and the court finds that the person's presence at the hearing would be injurious to such person's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the person at the hearing would be injurious to such person's welfare. Notwithstanding the foregoing provisions of this sub- section, if the person against whom the application has been filed requests in writing to the court or to such person's attorney that such person be present at the hearing, then such person's presence cannot be waived.

(e) If the person against whom the application has been filed is in custody pursuant to the provisions of K.S.A. 65-5203 or 65-5204 and amendments thereto at the time such application is filed, the court may order that such person remain in custody at a treatment facility, state institution or other suitable place until the conclusion of the hearing held pursuant to the provisions of this section. If the person against whom the application has been filed is not in custody at the time such application is filed, the court may order that such person be taken into custody and placed in a treatment facility, state institution or other suitable place will- ing to receive such person until the conclusion of the hearing held pur- suant to the provisions of this section.

(f) The applicant and the person against whom the application has been filed shall be notified of the time and place of the hearing and afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. If the person against whom the application has been filed has not retained an attorney, the court shall appoint an attorney for such person in the same manner as an attorney is appointed under the provisions of K.S.A. 65-5208 and amendments thereto. All per- sons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be con- sistent with orderly procedure and in a physical setting not likely to have a harmful effect on the person against whom the application has been filed. The court shall receive all relevant and material evidence which may be offered. If the applicant is not represented by counsel, the county or district attorney shall represent the applicant, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the person against whom the application has been filed is a drug abuser or incapacitated by drugs and is likely to do physical injury to oneself or others if not im- mediately detained. If the court determines from the evidence that there is probable cause to believe that the person against whom the application has been filed is a drug abuser or incapacitated by drugs and is likely to do physical injury to oneself or others if not immediately detained, the court shall issue an order of protective custody; otherwise, the court shall terminate the proceedings.

(g) The order of protective custody issued pursuant to provisions of this section may authorize a health officer, physician, law enforcement officer or other person as specified in the order to take the person against whom the application has been filed into custody and to transport and place such person in a designated public or private treatment facility or state institution or other suitable place willing to receive such person and may designate the place of detention, but no person shall be detained in protective custody in a nonmedical facility used for the detention of per- sons charged with or convicted of a crime unless other facilities are not available. In lieu of such detention, the order of protective custody may allow the person against whom the application has been filed to be at liberty, subject to such conditions as the court may impose, pending the hearing provided for in K.S.A. 65-5211 and amendments thereto or pend- ing the execution of the order for care or treatment.

Sec. 48. K.S.A. 65-5208 is hereby amended to read as follows: 65- 5208. Upon the filing of the application provided for in K.S.A. 65-5207 and amendments thereto, the district court shall issue the following:

(a) An order fixing the time and place of the hearing on the appli- cation. The time designated in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the appli- cation, unless advanced pursuant to K.S.A. 65-5209 and amendments thereto. In any case where the proposed patient is absent and the service of the notice on the proposed patient cannot be served because of the absence, then the time of absence shall not be included in computing the time of the expiration of the fourteen-day limitation above set out.

(b) An order that the proposed patient appear at the time and place of the hearing. The proposed patient shall be present at the hearing, unless the attorney of such person shall request that such person's pres- ence be waived and the court finds that the person's presence at the hearing would be injurious to the proposed patient's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the person at the hearing would be injurious to such person's welfare. Notwithstanding the foregoing provi- sions of this subsection, if the person against whom the application has been filed requests in writing to the court or to such person's attorney that such person be present at the hearing, then such person's presence cannot be waived.

(c) An order appointing an attorney to represent the proposed patient at all stages of the proceedings. The court shall give preference, in the appointment of the attorney, to any attorney who has represented the proposed patient in other matters if the court has knowledge of the prior relationship. The proposed patient shall have the right to engage an at- torney of the proposed patient's own choice and, in such an event, the attorney appointed herein shall be relieved of all duties by the court.

(d) An order that the proposed patient shall appear at a time and place that is in the best interests of the patient to consult with the attorney for the proposed patient, which time shall be prior to the execution of the order for evaluation unless an order of protective custody has been issued and detention of the proposed patient thereunder is in a place outside the jurisdiction of the court.

(e) A notice in the manner provided for in K.S.A. 65-5210 and amendments thereto.

(f) An order for evaluation. Such order may be served on the pro- posed patient at the same time or after notice is given. It shall be served in the manner provided for in K.S.A. 65-5210 and amendments thereto. It shall order the proposed patient to submit to an evaluation by a phy- sician or, psychologist or state certified alcohol and drug abuse counselor using the American society of addiction medicine criteria at a designated state funded assessment center and to undergo such evaluation at a public or private treatment facility, state institution or mental health clinic des- ignated by the court in the order. A public or private treatment facility or state institution assessment center shall receive and evaluate any pro- posed patient ordered evaluated under this subsection (f). The order for evaluation shall require the examiner physician, psychologist or assess- ment center to prepare and submit to the court a report in writing of the evaluation at the time designated by the court in the order, but in no event later than three days prior to the date of the hearing provided for in K.S.A. 65-5211 and amendments thereto. In addition, such order shall state that the report also shall be made available only to counsel for the parties at least three days prior to such hearing. Such report shall state that the examiner physician, psychologist or assessment center has made an examination of the proposed patient and shall state the results of the examination on the issue of whether the proposed patient is a drug abuser or incapacitated by drugs. Such order shall be issued unless the court determines that the statement of the physician or psychologist, if any, filed with the application is a sufficient evaluation. Upon the filing of the application provided for in K.S.A. 65-5207 and amendments thereto, the district court may in its discretion authorize and order any law enforce- ment officer or other person designated in the order to take the proposed patient into custody and transport such patient forthwith before the court or at the earliest time the court is available at which time the court or an attorney appointed by the court shall explain to the proposed patient the nature of the proceedings and the rights of the proposed patient. If the proposed patient at this time consents in writing that the hearing not be set for 60 days so that the court may make an order of referral, the court, in its discretion, may refer the proposed patient for a period of time not to exceed 60 days for short-term care or treatment in any of the following facilities:

(1) A public or private treatment facility or state institution;

(2) any facility of the United States government available for the care or treatment of a drug abuser or person incapacitated by drugs;

(3) other facilities for care or treatment except that an order for care or treatment in any of the facilities described in paragraphs (2) and (3) [awof this subsection (f) shall be conditioned upon the consent of such fa- cility.

(g) An order for the disclosure of all records, reports, evaluations or other treatment documents that are deemed necessary for the proceed- ings before the court. Such order shall be subject to the limitations es- tablished by K.S.A. 65-5225 and amendments thereto.

(h) Upon the issuance by the court of the referral order as provided in this section, the court may in its discretion issue only those mandatory orders provided herein as the court may deem necessary and proper and shall not be subject to the qualifications for issuing a referral order as provided in K.S.A. 65-5212 and amendments thereto.

Sec. 49. K.S.A. 65-5210 is hereby amended to read as follows: 65- 5210. (a) The notice required by subsection (e) of K.S.A. 65-5208 and amendments thereto shall be given to the proposed patient named in the application, the attorney appointed pursuant to subsection (c) of K.S.A. 65-5208 and amendments thereto, and to such other persons as the court shall direct. The notice shall state:

(1) That an application has been filed, alleging that the proposed patient is a drug abuser or person incapacitated by drugs and requesting that the court order care or treatment;

(2) the time and place of the hearing and whether the proposed pa- tient shall be present;

(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall consult with such attorney;

(4) that the proposed patient has a right to demand a hearing before a jury.

(b) The court may order any of the following to serve the notice:

(1) The physician or, psychologist or assessment center currently ad- ministering to the proposed patient, provided, if applicable, that the phy- sician or, psychologist or assessment center consents;

(2) the head of the local public or private treatment facility or state institution in which the proposed patient is present or the designee of such person;

(3) the local health officer or the designee of such person;

(4) the secretary of social and rehabilitation services or the designee of the secretary;

(5) any law enforcement officer.

The notice shall be served personally on the proposed patient and the attorney appointed pursuant to subsection (c) of K.S.A. 65-5208 and amendments thereto not less than five days prior to the date of the hearing and immediate return thereof shall be made. The public or private treat- ment facility or the state institution shall cooperate in the service of notice under this section. Notice to all other persons shall be in such manner and within such time as the court shall direct.

Sec. 50. K.S.A. 65-5211 is hereby amended to read as follows: 65- 5211. (a) The hearing shall be held at the time and place specified in the court's order unless the proposed patient has requested a continuance as provided in K.S.A. 65-5207 or 65-5209 and amendments thereto. The hearing shall be held before the court unless the proposed patient, at least 48 hours prior to the time of the hearing, requests in writing a hearing before a jury.

(b) The jury, if one is requested, shall consist of six persons and shall be selected as provided by law.

(c) Within 48 hours immediately prior to and during the hearing pro- vided for in this section, a physician or psychologist may not administer to a proposed patient any medication or therapy which will alter such proposed patient's mental state in such a way as to adversely affect such patient's judgment or hamper such patient in preparing for or participat- ing in the hearing, unless such medication or therapy is necessary to sustain life or protect the patient or others. The court shall enter an order directing the physician or psychologist to present to the court a record of all such medications or therapy, or both, that have been administered to the proposed patient during the 48 hours immediately prior to the hear- ing.

(d) The applicant and the proposed patient shall be afforded an op- portunity to appear at the hearing, to testify and to present and cross- examine witnesses. All persons not necessary for the conduct of the pro- ceedings may be excluded. The hearings shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the proposed patient. The court shall receive all relevant and material evidence which may be of- fered, including the testimony or written findings and recommendations of the hospital, clinic, counselor, psychologist or physician who has ex- amined or evaluated the proposed patient and the testimony and written findings and recommendations of the investigators pursuant to subsection (b) of K.S.A. 65-5209 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.

(e) If the applicant is not represented by counsel, the county or dis- trict attorney shall represent the applicant, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney shall determine to be of aid to the court in determining whether the proposed patient is a drug abuser or incapacitated by drugs.

(f) If, upon the completion of the hearing, the court finds by clear and convincing evidence that the proposed patient is a drug abuser or incapacitated by drugs, the court shall order care or treatment for such person at any of the following facilities:

(1) A public or private treatment facility or state institution;

(2) any facility of the United States government available for the care or treatment of a drug abuser or person incapacitated by drugs;

(3) other facilities for care or treatment except that an order for care or treatment in any of the facilities described in paragraphs (2) and (3) is conditioned upon the consent of such facility.

(g) When the court orders care or treatment in facilities described in (2) or (3), it shall retain jurisdiction to modify, change or terminate such order.

(h) If, upon the completion of the hearing the court or jury finds that the proposed patient has not been shown by clear and convincing evi- dence to be a drug abuser or person incapacitated by drugs, the court shall enter the findings in the record and shall by an appropriate order terminate the proceedings.

Sec. 51. K.S.A. 65-5212 is hereby amended to read as follows: 65- 5212. (a) The proposed patient, at any time prior to the hearing provided for in K.S.A. 65-5211 and amendments thereto, may request, in writing, that the hearing be continued for 60 days so that the court may make an order of referral. Upon receipt of such request, the court may order the referral of the proposed patient for a period of time until treatment is completed but not to exceed 60 days, for short-term care or treatment, to any of the following facilities:

(1) A public or private treatment facility or state institution;

(2) any facility of the United States government available for the care or treatment of a drug abuser or person incapacitated by drugs;

(3) other facilities for care or treatment except that an order for care or treatment in any of the facilities described in paragraph (1) or (2) of this subsection (a), except assessment center is conditioned upon the con- sent of such facility.

(b) The court shall not issue an order of referral unless:

(1) The report of the examiner physician, psychologist or counselor, provided for in subsection (f) of K.S.A. 65-5208 and amendments thereto or the statement of the physician or psychologist, if one has been filed with the application and found by the court to be a sufficient evaluation, states that the proposed patient is a drug abuser or incapacitated by drugs;

(2) the attorney representing the proposed patient has filed a state- ment, in writing, stating that the attorney has explained to the proposed patient the nature of the order of referral and the right of the proposed patient to a hearing before a court or jury to determine whether the proposed patient is a drug abuser or incapacitated by drugs.

(c) Any order of referral under this section shall include an order for the disclosure, preparation and submission of written findings and rec- ommendations of the treatment facility or state institution counselor.

[aw(d) Any proposed patient who has been referred for care or treatment under this section may be accepted for voluntary admission in a public or private treatment facility or state institution, or if referred to a public or private treatment facility or state institution assessment center, may be discharged by such facility pursuant to K.S.A. 65-5218 and amendments thereto. When the proposed patient has been admitted as a voluntary patient or discharged, the public or private treatment facility or state institution assessment center shall file written notice of the change in status of the proposed patient in the court which had ordered the referral. The filing of either notice shall constitute a dismissal of the pending ap- plication.

(e) Unless the proposed patient has been accepted as a voluntary patient by a public or private treatment facility or state institution or discharged by a public or private treatment facility or state institution, the facility treating the proposed patient shall, not later than 10 days prior to the expiration date of the referral period, file a written report of its findings and recommendations with the court. The court shall then set the date for the hearing. Such hearing date shall not be later than the expiration date of the referral period, unless continued for good cause shown.

Sec. 52. K.S.A. 65-5213 is hereby amended to read as follows: 65- 5213. All orders of referral or for care or treatment in a public treatment facility or state institution shall be made on the form prescribed by the secretary. Admission shall be to the public treatment facility or state in- stitution previously designated by the secretary to accept persons from the area of the court's jurisdiction, and at a time specified by the head of the public treatment facility or state institution which shall be not more than five days after the date of the order. Notice of the order shall be given immediately to the designated public treatment facility or state institution.

Sec. 53. K.S.A. 65-5215 is hereby amended to read as follows: 65- 5215. (a) An order of referral or care or treatment to a public treatment facility or state institution shall be executed within five days by the ad- mission of the proposed patient or involuntary patient to a public treat- ment facility or state institution. An order of referral or for care or treat- ment to a private treatment facility or other facility for care or treatment which is listed on the register maintained by the secretary under subsec- tion (b) of K.S.A. 65-4040 and amendments thereto shall be executed within five days, or as soon thereafter as possible, by admission of the proposed patient or involuntary patient to the facility. An order of referral or for care or treatment to a private treatment facility which is not listed on the register maintained by the secretary under subsection (b) of K.S.A. 65-4040 and amendments thereto or other facility for care or treatment which is not listed on the register maintained by the secretary under subsection (b) of K.S.A. 65-4040 and amendments thereto shall be exe- cuted, as soon as such treatment facility or other facility for care or treat- ment consents, by admission of the proposed patient or involuntary pa- tient to the private treatment facility or other facility for care or treatment.

(b) The secretary shall maintain a register of each private treatment facility or other facility for care or treatment which agrees to accept pro- posed patients or involuntary patients. The secretary shall provide a cur- rent copy of the register to each district court in this state not less than twice during any calendar year.

Sec. 54. K.S.A. 65-5216 is hereby amended to read as follows: 65- 5216. (a) After the application provided for in K.S.A. 65-5207 or 65-5217 and amendments thereto is filed, the district court at any time, on its own motion or upon the written request of any person, may transfer the venue of any case to any of the following district courts under the following conditions:

(1) When the application is filed in the county of the residence of the patient:

(A) To the county where the patient is being detained in a public or private treatment facility or state institution under the authority of an order issued pursuant to K.S.A. 65-5206, 65-5211 or 65-5212 and amend- ments thereto;

(B) to any other county designated by the court, provided that the patient has made a request for a change of venue and the district court finds that the patient cannot obtain a fair hearing in the county of the patient's residence.

(2) When the application is filed in the county of the presence of the patient:

(A) To the county of the residence of the patient;

(B) to the county where the patient is being detained in a public or private treatment facility or state institution under the authority of an order issued pursuant to K.S.A. 65-5206, 65-5211 or 65-5212 and amend- ments thereto;

(C) to any other county designated by the court, provided that the patient has made a request for a change of venue and the district court finds that the patient cannot obtain a fair hearing in the county of the patient's presence.

(b) If any patient is in a public or private treatment facility or state institution the district court of the county in which the treatment facility or state institution is located may not transfer venue under any circum- stances unless the patient has requested such transfer.

(c) When any order changing venue is issued, the district court issuing such order shall transmit to the district court to which venue was changed a certified copy of all pleadings and orders in the case. The district court issuing such order shall transmit to the district court of the residence of the proposed patient or, if the county of residence is not ascertainable, to the secretary a statement of all court costs incurred by the county of the district court issuing such order and a certified copy of all pleadings and orders in the case.

(d) Any district court to which venue is transferred shall proceed in the case as if the application had been originally filed therein and shall cause notice of the change of venue to be given to the persons and in the manner provided for in K.S.A. 65-5210 and amendments thereto. The court need not issue the order for evaluation pursuant to subsection (f) of K.S.A. 65-5208 and amendments thereto if such order has previously been issued.

(e) Any district court to which venue is transferred shall transmit a statement of any court costs incurred and a certified copy of all pleadings and orders in the case to the district court of the county of the residence of the patient or, if the county of residence is not ascertainable, to the secretary.

Sec. 55. K.S.A. 65-5217 is hereby amended to read as follows: 65- 5217. (a) Any involuntary patient or any person on behalf of an involuntary patient may file a verified application for discharge in the district court that issued the order for care or treatment. The application shall state:

(1) The name of the involuntary patient;

(2) the name and address of the nearest relatives of the involuntary patient, if known to the applicant;

(3) a request for discharge.

Such an application shall not be filed within three months from the date of the original order for care or treatment nor more often than once every three months thereafter.

Upon the filing of the application, the district court shall proceed with a hearing in the same manner and with the same powers as if an appli- cation, pursuant to K.S.A. 65-5207 and amendments thereto, had been filed in the court. The court shall not issue the orders provided for in subsection (f) of K.S.A. 65-5208 and amendments thereto and subsection (b) of K.S.A. 65-5209 and amendments thereto but shall give notice of the time and place of the hearing to the treatment facility, state institution or other facilities for care or treatment to which the involuntary patient was ordered for care or treatment.

(b) Upon the completion of the hearing, if the district court finds by clear and convincing evidence that the involuntary patient continues to be a drug abuser or a person incapacitated by drugs, the district court shall order either that the original order for care or treatment continue or that a new order for care or treatment be issued. If the court finds that it has not been shown by clear and convincing evidence that the patient continues to be a drug abuser or incapacitated by drugs, it shall discharge the patient. A copy of the court's order shall be sent by mail to the in- voluntary patient and to the treatment facility, state institution or other facilities for care or treatment to which the involuntary patient had been ordered for care or treatment.

Sec. 56. K.S.A. 1995 Supp. 65-5218 is hereby amended to read as follows: 65-5218. (a) The commissioner of mental health and develop- mental disabilities may transfer any patient from any institution under the control of such commissioner to any other such institution whenever the commissioner deems it to be in the best interest of the patient.

(b) When any proposed patient or involuntary patient has been or- dered to any treatment facility or state institution on referral or for care or treatment, the head of the treatment facility or state institution shall discharge such patient when such patient is no longer in need of care or treatment.

(c) The head of the treatment facility or state institution may release any patient on convalescent status when the head of the treatment facility or state institution believes that such release is in the best interest of the patient.

The treatment facility or state institution shall continue to have the responsibility to formulate a plan of treatment for the well-being of any patient released on convalescent status. Such responsibility shall also in- clude a plan of care or treatment and the place where it shall be received, notwithstanding any law authorizing the patient or the patient's guardian, if any, to determine such place. The head of the treatment facility or state institution shall have the authority to change the plan or place of care or treatment whenever the head of the treatment facility or state institution deems it necessary for the welfare of the patient. Such authority shall include the right to revoke the release on convalescent status and to order the patient readmitted to the treatment facility or state institution, as applicable. The head of the treatment facility or state institution may authorize and order any law enforcement officer or other person to take into custody and transport the patient to a treatment facility, state insti- tution or other facility for care or treatment. Prior to the end of the first year on convalescent status, and not less often than annually thereafter while an involuntary patient is on convalescent status, the head of the treatment facility or state institution shall reexamine the facts relating to the care or treatment of the involuntary patient on convalescent status.

(d) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.

Sec. 57. K.S.A. 65-5219 is hereby amended to read as follows: 65- 5219. The head of the treatment facility or state institution shall notify, in writing, the district court, which has ordered the care or treatment of the involuntary patient or the referral of the proposed patient, of the patient's discharge or release on convalescent status. When a notice of discharge is received, the court shall file the same in the record, which shall terminate the proceedings. When a notice of release on convalescent status is received, the court shall file the same in the records.

[awSec. 58. K.S.A. 65-5220 is hereby amended to read as follows: 65- 5220. If any patient leaves the place of care or treatment without the authority of the head of the treatment facility or state institution, the head of the treatment facility or state institution may authorize and order, in writing, any law enforcement officer or other person to take such patient into custody and transport such patient to such place as may be directed by the head of the treatment facility or state institution. The expense of such transportation shall be borne by the treatment facility or state insti- tution.

Sec. 59. K.S.A. 65-5223 is hereby amended to read as follows: 65- 5223. (a) Every patient detained in a treatment facility, state institution or other facility for care or treatment shall have the absolute right to communicate by letter with the secretary or any other person in the de- partment of social and rehabilitation services, the head of the treatment facility, the head of the state institution, any court, physician or attorney. The head of the treatment facility or state institution may impose reason- able rules and regulations on any patient concerning communication by letter or otherwise with any person or agencies and concerning the right to receive visitors. Any patient shall have the right to be visited by any physician or attorney at any reasonable hour.

(b) Any person willfully depriving any patient of the rights protected by this section shall be guilty of a class C misdemeanor.

Sec. 60. K.S.A. 65-5224 is hereby amended to read as follows: 65- 5224. Except as limited by this act, a person shall not lose rights as a citizen, property rights or legal capacity by reason of being a patient. The head of the treatment facility or state institution may make reasonable rules and regulations concerning the exercise of such rights by the pa- tients in the treatment facility or state institution, respectively.

Sec. 61. K.S.A. 65-5225 is hereby amended to read as follows: 65- 5225. (a) The district court, hospital or medical records of any patient or former patient that are in the possession of any district court, public or private treatment facility, state institution or other facility for care or treatment shall be privileged to the patient and shall not be disclosed except as (1) otherwise provided in this act, or (2) under any of the fol- lowing conditions:

(A) Upon the consent, in writing, of the patient or former patient, or if the patient or former patient is under 16 years of age, by a parent of the patient or former patient, or if the patient or former patient has a guardian, by the guardian. However, The head of the treatment facility or state institution or the head of the other facility for care or treatment who has the records may refuse to disclose such records if the head of such facility or state institution has stated, in writing, that such disclosure will be injurious to the welfare of the patient or former patient.

(B) Upon a bona fide medical emergency without the consent of the patient or former patient.

(C) Upon the directive of the secretary to the committee disclosure may be made from patients' records for purposes of research into the causes and treatment of drug abuse. The information furnished under this subsection shall not be published in any way which may disclose a patient's name or other identifying information.

(D) Upon the order of any court of record pursuant to subpart (E) of part 2 of volume 42 of the code of federal regulations in effect on the effective date of this act.

(b) Any person willfully violating Violation of this section shall be guilty of is a class C misdemeanor.

Sec. 62. K.S.A. 65-5229 is hereby amended to read as follows: 65- 5229. In the event of the sudden or unexpected death of a patient in a treatment facility or state institution the head of the treatment facility or state institution shall give notice of such death to the county or district attorney and the coroner. Notice of the death of any proposed patient or involuntary patient shall be given to the district court having issued the order of referral or care or treatment, which notice shall include the time, place and cause of death.

Sec. 63. K.S.A. 65-4003, 65-4012, 65-4013, 65-4014, 65-4015, 65- 4017, 65-4018, 65-4024, 65-4025, 65-4026, 65-4027, 65-4028, 65-4030, 65-4031, 65-4032, 65-4033, 65-4035, 65-4036, 65-4037, 65-4038, 65- 4040, 65-4041, 65-4042, 65-4044, 65-4045, 65-4048, 65-4049, 65-4050, 65-4054, 65-4056, 65-4601, 65-4602, 65-4603, 65-4605, 65-4609, 65- 5201, 65-5202, 65-5204, 65-5205, 65-5206, 65-5208, 65-5210, 65-5211, 65-5212, 65-5213, 65-5215, 65-5216, 65-5217, 65-5219, 65-5220, 65- 5223, 65-5224, 65-5225 and 65-5229 and K.S.A. 1995 Supp. 65-4016, 65-4043 and 65-5218 are hereby repealed.

Sec. 64. This act shall take effect and be in force from and after October 1, 1996, and its publication in the statute book.

Approved May 11, 1996.