An Act concerning social and rehabilitation services institutions and community care; com- munication; amending K.S.A. 76-12b01 and 76-12b11 and repealing the existing sec- tions.

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

Section 1. K.S.A. 76-12b01 is hereby amended to read as follows: 76- 12b01. When used in this act:

(a) ``Adaptive behavior'' means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of that person's age, cultural group and commu- nity.

(b) ``Care'' means supportive services, including, but not limited to, provision of room and board, supervision, protection, assistance in bath- ing, dressing, grooming, eating and other activities of daily living.

(c) ``Institution'' means a state institution for the mentally retarded including the following institutions: Kansas neurological institute, Norton state hospital, Parsons state hospital and training center and Winfield state hospital and training center.

(d) ``Mental retardation'' means significantly subaverage general in- tellectual functioning existing concurrently with deficits in adaptive be- havior and manifested during the period from birth to age 18.

(e) ``Respite care'' means temporary, short-term care not exceeding 90 days per calendar year to provide relief from the daily pressures in- volved in caring for a mentally retarded person.

(f) ``Restraint'' means the use of a totally enclosed crib or any material to restrict or inhibit the free movement of one or more limbs of a person except medical devices which limit movement for examination, treatment or to insure the healing process.

(g) ``Seclusion'' means being placed alone in a locked room where the individual's freedom to leave is thereby restricted and where such placement is not under continuous observation.

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

(i) ``Significantly subaverage general intellectual functioning'' means performance which is two or more standard deviations from the mean score on a standardized intelligence test specified by the secretary.

(j) ``Superintendent'' means the chief administrative officer of the institution or the designee of the chief administrative officer.

(k) ``Training'' means the provision of specific environmental, physi- cal, mental, social and educational interventions and therapies for the purpose of halting, controlling or reversing processes that cause, aggra- vate or complicate malfunctions or dysfunctions of development.

Sec. 2. K.S.A. 76-12b11 is hereby amended to read as follows: 76- 12b11. (a) The records of any proposed resident, resident or former res- ident of a state institution for the mentally retarded that are in the pos- session of the institution shall be privileged and shall not be disclosed except under any of the following conditions:

(1) Upon the written consent of: (A) The proposed resident, resident or former resident, if an adult who has no guardian; (B) the proposed resident's, resident's or former resident's guardian, if any; or (C) a parent, if the proposed resident, resident or former resident is under 18 years of age. The superintendent of the institution which has the records may refuse to disclose portions of such records if the superintendent states, in writing, that the disclosure will be injurious to the welfare of the pro- posed resident, resident or former resident.

(2) Upon the sole consent of the superintendent of the institution which has the records after a written statement by the superintendent that the disclosure is necessary for the care, training or treatment of the proposed resident, resident or former resident. The superintendent may make the disclosure to the proposed resident, resident or former resident, the resident's person's next of kin, any state or national accreditation agency or any scholarly investigator without making that determination, but, before the disclosure is made, the superintendent shall require a pledge from any state or national accreditation agency or scholarly inves- tigator that such agency or investigator will not disclose the name of any proposed resident, resident or former resident to any person not other- wise authorized by law to receive that information.

(3) Upon the order of any court of record after a determination by the court that the records are necessary for the conduct of proceedings before it and are otherwise admissible as evidence.

(4) To any other person if such disclosure is required by federal law or regulation implementing a federal grant-in-aid program in which the state is participating.

(5) As provided in K.S.A. 74-5515 and amendments thereto.

(b) For the purposes of promoting the continuity of care between services provided in an institution and by a community provider, either in arranging admission to an institution, in making the determinations required as a function of the periodic reviews required by K.S.A. 76-12b05 and amendments thereto, or in planning for the discharge of a person from an institution to community care, the consent of a resident, former resident or proposed resident, or of the person's guardian, if one has been appointed, or of their parent, if the person is a minor, shall not be required for the release of records or exchange of information concerning that per- son between a state institution and any community developmental disa- bility organization, as defined in K.S.A. 39-1803 and amendments thereto.

(b) (c) Except as provided in subsections (a) or (b), to the extent the provisions of K.S.A. 1986 Supp. 65-5601 to 65-5605, inclusive, and amendments thereto are applicable to the records of any proposed resi- dent, resident or former resident of a state institution for the mentally retarded that are in the possession of the institution, the provisions of K.S.A. 1986 Supp. 65-5601 to 65-5605, inclusive, and amendments thereto shall control the disposition of information contained in such re- cords.

Sec. 3. K.S.A. 76-12b01 and 76-12b11 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 22, 1996.