Requiring the secretary for aging and disability services to grant physical environment waivers for certain rural emergency hospitals to provide skilled nursing facility care and establishing the south central regional mental health hospital.

HOUSE BILL No. 2249
AN ACT concerning healthcare facilities; relating to nursing facility physical environment
regulatory requirements for rural emergency hospitals; requiring the secretary for
aging and disability services to grant waivers to certain rural emergency hospitals to
provide skilled nursing facility care; relating to state hospitals; establishing the south
central regional mental health hospital; amending K.S.A. 21-5413, 39-1602, 39-1613,
40-3401, 41-1126, 65-4921, 65-5601, 75-3099, 75-3373, 76-384, 76-12a01, 76-
12a31, 76-1407, 76-1409 and 76-1409a and K.S.A. 2024 Supp. 39-1401, 59-2006b,
59-2946, 59-29b46, 59-29b54, 59-29b57, 59-3077, 74-3292, 76-1936 and 76-1958
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary for aging and disability services
shall, upon application of a rural emergency hospital, grant a physical
environment waiver for existing nursing facilities to such rural
emergency hospital to transition not more than 10 swing beds to skilled
nursing facility beds, if such rural emergency hospital:
(1) Is currently licensed as a rural emergency hospital pursuant to
the rural emergency hospital act;
(2) was licensed as a hospital immediately prior to the rural
emergency hospital's licensure as a rural emergency hospital; and
(3) during such rural emergency hospital's licensure as a hospital,
such rural emergency hospital provided skilled nursing facility services
or critical access hospital swing bed services to patients for at least 12
months without a finding of immediate jeopardy.
(b) As used in this section:
(1) "Critical access hospital" means the same as defined in K.S.A.
65-468, and amendments thereto.
(2) "Hospital" means the same as defined in K.S.A. 65-425, and
amendments thereto.
(c) This section shall be a part of and supplemental to the rural
emergency hospital act.
New Sec. 2. (a) South central regional mental health hospital is a
state hospital that shall be open for the reception of patients, under the
same rules and regulations as provided for by law for the government
and regulation of the other state hospitals.
(b) There is hereby created in the state treasury the south central
regional mental health hospital fee fund. Such fund shall be
administered by the Kansas department for aging and disability
services. The superintendent of south central regional mental health
hospital shall remit all moneys received by or for the superintendent
from charges made under K.S.A. 59-2006, and amendments thereto,
and other operations of such institution to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the south
central regional mental health hospital fee fund. All expenditures from
such fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by such superintendent or by a person or persons
designated by the superintendent.
(c) As authorized by section 74(a) of chapter 81 of the 2022
Session Laws of Kansas and Sec. 28(c) of chapter 97 of the 2022
Session Laws of Kansas, a regional state psychiatric hospital shall be
established in Wichita, Kansas, for Sedgwick county and the
surrounding regional area to expand access to mental health beds in
south-central Kansas.
(d) The secretary for aging and disability services is authorized
and directed to establish, equip and maintain, in connection with and as
a part of the south central regional mental health hospital, suitable
buildings for an extension to the state security hospital for the purpose
of holding in custody, examining, treating and caring for such mentally
ill persons as may be committed or ordered to the state security hospital
by courts of criminal jurisdiction or inmates with mental illness who
are transferred for care or treatment to the state security hospital from a
correctional institution under the control of the secretary of corrections,
or patients with a mental illness, other than minors, who are transferred
HOUSE BILL No. 2249—page 2
for care or treatment to the state security hospital from any institution
under the jurisdiction of the secretary for aging and disability services.
The secretary for aging and disability services is hereby authorized and
empowered to supervise and manage the extension to the state security
hospital. The superintendent of the Larned state hospital shall act as the
superintendent of the extension to the state security hospital.
Sec. 3. K.S.A. 21-5413 is hereby amended to read as follows: 21-
5413. (a) Battery is:
(1) Knowingly or recklessly causing bodily harm to another
person; or
(2) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner.
(b) Aggravated battery is:
(1) (A) Knowingly causing great bodily harm to another person or
disfigurement of another person;
(B) knowingly causing bodily harm to another person with a
deadly weapon, or in any manner whereby great bodily harm,
disfigurement or death can be inflicted; or
(C) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner with a deadly weapon, or in
any manner whereby great bodily harm, disfigurement or death can be
inflicted;
(2) (A) recklessly causing great bodily harm to another person or
disfigurement of another person;
(B) recklessly causing bodily harm to another person with a
deadly weapon, or in any manner whereby great bodily harm,
disfigurement or death can be inflicted; or
(3) (A) committing an act described in K.S.A. 8-1567, and
amendments thereto, when great bodily harm to another person or
disfigurement of another person results from such act; or
(B) committing an act described in K.S.A. 8-1567, and
amendments thereto, when bodily harm to another person results from
such act under circumstances whereby great bodily harm, disfigurement
or death can result from such act; or
(4) committing an act described in K.S.A. 8-1567, and
amendments thereto, when great bodily harm to another person or
disfigurement of another person results from such act while:
(A) In violation of any restriction imposed on such person's
driving privileges pursuant to article 10 of chapter 8 of the Kansas
Statutes Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked
pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated,
and amendments thereto; or
(C) such person has been deemed a habitual violator as defined in
K.S.A. 8-285, and amendments thereto, including at least one violation
of K.S.A. 8-1567, and amendments thereto, or violating an ordinance
of any city in this state, any resolution of any county in this state or any
law of another state, which ordinance, resolution or law declares to be
unlawful the acts prohibited by that statute.
(c) Battery against a law enforcement officer is:
(1) Battery as defined in subsection (a)(2) committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee,
a city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
HOUSE BILL No. 2249—page 3
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty;
(2) battery as defined in subsection (a)(1) committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee,
a city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) battery as defined in subsection (a) committed against a:
(A) State correctional officer or employee by a person in custody
of the secretary of corrections, while such officer or employee is
engaged in the performance of such officer's or employee's duty;
(B) state correctional officer or employee by a person confined in
such juvenile correctional facility, while such officer or employee is
engaged in the performance of such officer's or employee's duty;
(C) juvenile detention facility officer or employee by a person
confined in such juvenile detention facility, while such officer or
employee is engaged in the performance of such officer's or employee's
duty; or
(D) city or county correctional officer or employee by a person
confined in a city holding facility or county jail facility, while such
officer or employee is engaged in the performance of such officer's or
employee's duty.
(d) Aggravated battery against a law enforcement officer is:
(1) Aggravated battery as defined in subsection (b)(1)(A)
committed against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
HOUSE BILL No. 2249—page 4
such officer is engaged in the performance of such officer's duty;
(2) aggravated battery as defined in subsection (b)(1)(B) or (b)(1)
(C) committed against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) knowingly causing, with a motor vehicle, bodily harm to a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty; or
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty.
(e) Battery against a school employee is a battery as defined in
subsection (a) committed against a school employee in or on any school
property or grounds upon which is located a building or structure used
by a unified school district or an accredited nonpublic school for
student instruction or attendance or extracurricular activities of pupils
enrolled in kindergarten or any of the grades one through 12 or at any
regularly scheduled school sponsored activity or event, while such
employee is engaged in the performance of such employee's duty.
(f) Battery against a mental health employee is a battery as defined
in subsection (a) committed against a mental health employee by a
person in the custody of the secretary for aging and disability services,
while such employee is engaged in the performance of such employee's
duty.
(g) Battery against a healthcare provider is a battery as defined in
subsection (a) committed against a healthcare provider while such
provider is engaged in the performance of such provider's duty.
(h) (1) Battery is a class B person misdemeanor.
(2) Aggravated battery as defined in:
(A) Subsection (b)(1)(A) or (b)(4) is a severity level 4, person
felony;
(B) subsection (b)(1)(B) or (b)(1)(C) is a severity level 7, person
felony;
(C) subsection (b)(2)(A) or (b)(3)(A) is a severity level 5, person
felony; and
(D) subsection (b)(2)(B) or (b)(3)(B) is a severity level 8, person
felony.
(3) Battery against a law enforcement officer as defined in:
(A) Subsection (c)(1) is a class A person misdemeanor;
(B) subsection (c)(2) is a severity level 7, person felony; and
(C) subsection (c)(3) is a severity level 5, person felony.
(4) Aggravated battery against a law enforcement officer as
HOUSE BILL No. 2249—page 5
defined in:
(A) Subsection (d)(1) or (d)(3) is a severity level 3, person felony;
and
(B) subsection (d)(2) is a severity level 4, person felony.
(5) Battery against a school employee is a class A person
misdemeanor.
(6) Battery against a mental health employee is a severity level 7,
person felony.
(7) Battery against a healthcare provider is a class A person
misdemeanor.
(i) As used in this section:
(1) "Correctional institution" means any institution or facility
under the supervision and control of the secretary of corrections;
(2) "state correctional officer or employee" means any officer or
employee of the Kansas department of corrections or any independent
contractor, or any employee of such contractor, whose duties include
working at a correctional institution;
(3) "juvenile detention facility officer or employee" means any
officer or employee of a juvenile detention facility as defined in K.S.A.
38-2302, and amendments thereto;
(4) "city or county correctional officer or employee" means any
correctional officer or employee of the city or county or any
independent contractor, or any employee of such contractor, whose
duties include working at a city holding facility or county jail facility;
(5) "school employee" means any employee of a unified school
district or an accredited nonpublic school for student instruction or
attendance or extracurricular activities of pupils enrolled in
kindergarten or any of the grades one through 12;
(6) "mental health employee" means:
(A) An employee of the Kansas department for aging and
disability services working at Larned state hospital, Osawatomie state
hospital, south central regional mental health hospital, Kansas
neurological institute and Parsons state hospital and training center and
the treatment staff as defined in K.S.A. 59-29a02, and amendments
thereto; and
(B) contractors and employees of contractors under contract to
provide services to the Kansas department for aging and disability
services working at any such institution or facility;
(7) "judge" means a duly elected or appointed justice of the
supreme court, judge of the court of appeals, judge of any district court
of Kansas, district magistrate judge or municipal court judge;
(8) "attorney" means a: (A) County attorney, assistant county
attorney, special assistant county attorney, district attorney, assistant
district attorney, special assistant district attorney, attorney general,
assistant attorney general or special assistant attorney general; and (B)
public defender, assistant public defender, contract counsel for the state
board of indigents' defense services or an attorney who is appointed by
the court to perform services for an indigent person as provided by
article 45 of chapter 22 of the Kansas Statutes Annotated, and
amendments thereto;
(9) "community corrections officer" means an employee of a
community correctional services program responsible for supervision
of adults or juveniles as assigned by the court to community corrections
supervision and any other employee of a community correctional
services program that provides enhanced supervision of offenders such
as house arrest and surveillance programs;
(10) "court services officer" means an employee of the Kansas
judicial branch or local judicial district responsible for supervising,
monitoring or writing reports relating to adults or juveniles as assigned
HOUSE BILL No. 2249—page 6
by the court, or performing related duties as assigned by the court;
(11) "federal law enforcement officer" means a law enforcement
officer employed by the United States federal government who, as part
of such officer's duties, is permitted to make arrests and to be armed;
and
(12) "healthcare provider" means an individual who is licensed,
registered, certified or otherwise authorized by the state of Kansas to
provide healthcare services in this state.
Sec. 4. K.S.A. 2024 Supp. 39-1401 is hereby amended to read as
follows: 39-1401. As used in this act:
(a) "Resident" means:
(1) Any resident, as defined by K.S.A. 39-923, and amendments
thereto; or
(2) any individual kept, cared for, treated, boarded or otherwise
accommodated in a medical care facility; or
(3) any individual, kept, cared for, treated, boarded or otherwise
accommodated in a state psychiatric hospital or state institution for
people with intellectual disability.
(b) "Adult care home" means the same as defined in K.S.A. 39-
923, and amendments thereto.
(c) "In need of protective services" means that a resident is unable
to perform or obtain services which are necessary to maintain physical
or mental health, or both.
(d) "Services which are necessary to maintain physical and mental
health" include, but are not limited to, the provision of medical care for
physical and mental health needs, the relocation of a resident to a
facility or institution able to offer such care, assistance in personal
hygiene, food, clothing, adequately heated and ventilated shelter,
protection from health and safety hazards, protection from
maltreatment the result of which includes, but is not limited to,
malnutrition, deprivation of necessities or physical punishment and
transportation necessary to secure any of the above stated needs, except
that this term shall not include taking such person into custody without
consent, except as provided in this act.
(e) "Protective services" means services provided by the state or
other governmental agency or any private organizations or individuals
which are necessary to prevent abuse, neglect or exploitation. Such
protective services shall include, but not be limited to, evaluation of the
need for services, assistance in obtaining appropriate social services
and assistance in securing medical and legal services.
(f) "Abuse" means any act or failure to act performed intentionally
or recklessly that causes or is likely to cause harm to a resident,
including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not
consent or when the other person knows or should know that the
resident is incapable of resisting or declining consent to the sexual act
due to mental deficiency or disease or due to fear of retribution or
hardship;
(3) unreasonable use of a physical restraint, isolation or
medication that harms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint,
medication or isolation as punishment, for convenience, in conflict with
a physician's orders or as a substitute for treatment, except where such
conduct or physical restraint is in furtherance of the health and safety of
the resident or another resident;
(5) a threat or menacing conduct directed toward a resident that
results or might reasonably be expected to result in fear or emotional or
mental distress to a resident;
HOUSE BILL No. 2249—page 7
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of
goods or services which are necessary to avoid physical or mental harm
or illness.
(g) "Neglect" means the failure or omission by one's self,
caretaker or another person with a duty to provide goods or services
which are reasonably necessary to ensure safety and well-being and to
avoid physical or mental harm or illness.
(h) "Caretaker" means a person or institution who has assumed the
responsibility, whether legally or not, for the care of the resident
voluntarily, by contract or by order of a court of competent jurisdiction.
(i) "Exploitation" means misappropriation of resident property or
intentionally taking unfair advantage of an adult's physical or financial
resources for another individual's personal or financial advantage by
the use of undue influence, coercion, harassment, duress, deception,
false representation or false pretense by a caretaker or another person.
(j) "Medical care facility" means a facility licensed under K.S.A.
65-425 et seq., and amendments thereto, but shall not include, for
purposes of this act, a state psychiatric hospital or state institution for
people with intellectual disability, including Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility , Kansas
neurological institute and , Parsons state hospital and training center
south central regional mental health hospital.
(k) "Fiduciary abuse" means a situation in which any person who
is the caretaker of, or who stands in a position of trust to, a resident,
takes, secretes, or appropriates the resident's money or property, to any
use or purpose not in the due and lawful execution of such person's
trust.
(l) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility south
central regional mental health hospital.
(m) "State institution for people with intellectual disability" means
Kansas neurological institute and Parsons state hospital and training
center.
(n) "Report" means a description or accounting of an incident or
incidents of abuse, neglect or exploitation under this act and for the
purposes of this act shall not include any written assessment or
findings.
(o) "Law enforcement" means the public office which is vested by
law with the duty to maintain public order, make arrests for crimes and
investigate criminal acts, whether that duty extends to all crimes or is
limited to specific crimes.
(p) "Legal representative" means an agent designated in a durable
power of attorney, power of attorney or durable power of attorney for
health care decisions or a court appointed guardian, conservator or
trustee.
(q) "Financial institution" means any bank, trust company, escrow
company, finance company, saving institution, credit union or fiduciary
financial institution, chartered and supervised under state or federal
law.
(r) "Governmental assistance provider" means an agency, or
employee of such agency, which is funded solely or in part to provide
assistance within the Kansas senior care act, K.S.A. 75-5926 et seq.,
and amendments thereto, including medicaid and medicare.
No person shall be considered to be abused, neglected or exploited
or in need of protective services for the sole reason that such person
relies upon spiritual means through prayer alone for treatment in
accordance with the tenets and practices of a recognized church or
religious denomination in lieu of medical treatment.
HOUSE BILL No. 2249—page 8
Sec. 5. K.S.A. 39-1602 is hereby amended to read as follows: 39-
1602. As used in K.S.A. 39-1601 through 39-1612, and amendments
thereto:
(a) "Targeted population" means the population group designated
by rules and regulations of the secretary as most in need of mental
health services that are funded, in whole or in part, by state or other
public funding sources, and such group shall include adults with severe
and persistent mental illness, severely emotionally disturbed children
and adolescents and other individuals at risk of requiring institutional
care.
(b) "Community based mental health services" includes, but is not
limited to, evaluation and diagnosis, case management services, mental
health inpatient and outpatient services, prescription and management
of psychotropic medication, prevention, education, consultation,
treatment and rehabilitation services, 24-hour emergency services, and
any facilities required therefor, that are provided within one or more
local communities in order to provide a continuum of care and support
services to enable mentally ill persons, including targeted population
members, to function outside of inpatient institutions to the extent of
their capabilities. Community based mental health services also include
assistance in securing employment services, housing services, medical
and dental care and other support services.
(c) "Mental health center" means any community mental health
center as defined in K.S.A. 39-2002, and amendments thereto.
(d) "Secretary" means the secretary for aging and disability
services.
(e) "Department" means the Kansas department for aging and
disability services.
(f) "State psychiatric hospital" means Osawatomie state hospital,
Rainbow mental health facility or Larned state hospital or south central
regional mental health hospital.
(g) "Mental health reform phased program" means the program in
three phases for the implementation of mental health reform in Kansas
as follows:
(1) The first phase covers the counties in the Osawatomie state
hospital catchment area and is to commence on July 1, 1990, and is to
be completed by June 30, 1994;
(2) the second phase covers the counties in the Topeka state
hospital catchment area and is to commence on July 1, 1992, and is to
be completed by June 30, 1996; and
(3) the third phase covers the counties in the Larned state hospital
catchment area and is to commence on July 1, 1993, and is to be
completed by June 30, 1997.
(h) "Screening" means the process performed by a participating
community mental health center, pursuant to a contract entered into
with the secretary under K.S.A. 39-1610, and amendments thereto, to
determine whether a person, under either voluntary or involuntary
procedures, can be evaluated or treated, or can be both evaluated and
treated, in the community or should be referred to the appropriate state
psychiatric hospital for such treatment or evaluation or for both
treatment and evaluation.
(i) "Osawatomie state hospital catchment area" means, except as
otherwise defined by rules and regulations of the secretary adopted
pursuant to K.S.A. 39-1613, and amendments thereto, the area
composed of the following counties: Allen, Anderson, Atchison,
Bourbon, Brown, Butler, Chase, Chautauqua, Cherokee, Clay, Cloud,
Coffey, Cowley, Crawford, Doniphan, Douglas, Elk, Franklin, Geary,
Greenwood, Jackson, Jefferson, Jewell, Johnson, Labette,
Leavenworth, Linn, Lyon, Marshall, Miami, Mitchell, Montgomery,
HOUSE BILL No. 2249—page 9
Morris, Nemaha, Neosho, Osage, Pottawatomie, Republic, Riley,
Sedgwick, Shawnee, Wabaunsee, Washington, Wilson, Woodson and
Wyandotte.
(j) "Larned state hospital catchment area" means, except as
otherwise defined by rules and regulations of the secretary adopted
pursuant to K.S.A. 39-1613, and amendments thereto, the area
composed of the following counties: Barber, Barton, Cheyenne, Clark,
Comanche, Decatur, Dickinson, Edwards, Ellis, Ellsworth, Finney,
Ford, Gove, Graham, Grant, Gray, Greeley, Hamilton, Harper, Harvey,
Haskell, Hodgeman, Kearny, Kingman, Kiowa, Lane, Lincoln, Logan,
Marion, McPherson, Meade, Morton, Ness, Norton, Osborne, Ottawa,
Pawnee, Phillips, Pratt, Rawlins, Reno, Rice, Rooks, Rush, Russell,
Saline, Scott, Seward, Sheridan, Sherman, Smith, Stafford, Stanton,
Stevens, Sumner, Thomas, Trego, Wallace and Wichita.
(k) "Catchment area" means the Osawatomie state hospital
catchment area or the Larned state hospital catchment area or the south
central regional mental health hospital catchment area as defined in
subsections (i) and (m).
(l) "Participating mental health center" means a mental health
center that has entered into a contract with the secretary for aging and
disability services to provide screening, treatment and evaluation, court
ordered evaluation and other treatment services pursuant to the care and
treatment act for mentally ill persons, in keeping with the phased
concept of the mental health reform act.
(m) "South central regional mental hospital catchment area"
means, except as otherwise defined by rules and regulations of the
secretary adopted pursuant to K.S.A. 39-1613, and amendments
thereto, the area composed of the following counties: Sedgwick, Butler,
Cowley, Harvey and Sumner.
Sec. 6. K.S.A. 39-1613 is hereby amended to read as follows: 39-
1613. (a) The secretary for aging and disability services is hereby
authorized to adopt rules and regulations to define and redefine the
Osawatomie state hospital catchment area and Larned state hospital
catchment area areas as may be necessary in the opinion of the
secretary for aging and disability services to accommodate shifts in
populations in need of mental health services within available
community mental health facility and state institution hospital
capacities and resources and in accordance with the following:(1)
Each such catchment area shall be defined by contiguous counties that
are designated by name;
(2) no county shall be included in more than one such catchment
area;
(3) each county shall be included in the Osawatomie state hospital
catchment area or Larned state hospital catchment area; and
(4) No designated community mental health center shall be
included in more than one such catchment area . The designation of a
county to a particular catchment area shall not prevent the admission
of persons to a state hospital in another catchment area when there are
insufficient capacities and resources currently available in the
designated state hospital catchment area.
(b) Each rule and regulation adopted, amended or revived under
this section shall be published in its entirety in the Kansas register in
the first issue published after such adoption, amendment or revival.
Sec. 7. K.S.A. 40-3401 is hereby amended to read as follows: 40-
3401. As used in this act:
(a) "Applicant" means any healthcare provider.
(b) "Basic coverage" means a policy of professional liability
insurance required to be maintained by each healthcare provider
pursuant to the provisions of K.S.A. 40-3402(a) or (b), and
HOUSE BILL No. 2249—page 10
amendments thereto.
(c) "Commissioner" means the commissioner of insurance.
(d) "Fiscal year" means the year commencing on the effective date
of this act and each year, commencing on the first day of July
thereafter.
(e) "Fund" means the healthcare stabilization fund established
pursuant to K.S.A. 40-3403(a), and amendments thereto.
(f) (1) "Healthcare provider" means a:
(A) Person licensed to practice any branch of the healing arts by
the state board of healing arts, a;
(B) person who holds a temporary permit to practice any branch of
the healing arts issued by the state board of healing arts, a;
(C) person engaged in a postgraduate training program approved
by the state board of healing arts, a;
(D) medical care facility licensed by the state of Kansas, a;
(E) podiatrist licensed by the state board of healing arts, a;
(F) health maintenance organization issued a certificate of
authority by the commissioner, an;
(G) optometrist licensed by the board of examiners in optometry ,
a;
(H) pharmacist licensed by the state board of pharmacy, a;
(I) licensed professional nurse who is authorized to practice as a
registered nurse anesthetist, a;
(J) licensed professional nurse who has been granted a temporary
authorization to practice nurse anesthesia under K.S.A. 65-1153, and
amendments thereto, a;
(K) professional corporation organized pursuant to the
professional corporation law of Kansas by persons who are authorized
by such law to form such a corporation and who are healthcare
providers as defined by this subsection, a;
(L) Kansas limited liability company organized for the purpose of
rendering professional services by its members who are healthcare
providers as defined by this subsection and who are legally authorized
to render the professional services for which the limited liability
company is organized, a;
(M) partnership of persons who are healthcare providers under this
subsection, a;
(N) Kansas not-for-profit corporation organized for the purpose of
rendering professional services by persons who are healthcare
providers as defined by this subsection, a;
(O) nonprofit corporation organized to administer the graduate
medical education programs of community hospitals or medical care
facilities affiliated with the university of Kansas school of medicine, a;
(P) dentist certified by the state board of healing arts to administer
anesthetics under K.S.A. 65-2899, and amendments thereto, a;
(Q) psychiatric hospital licensed prior to January 1, 1988, and
continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a
mental health center or mental health clinic licensed by the state of
Kansas. On and after January 1, 2015, "healthcare provider" also means
a;
(R) physician assistant licensed by the state board of healing arts ,
a;
(S) licensed advanced practice registered nurse who is authorized
by the board of nursing to practice as an advanced practice registered
nurse in the classification of a nurse-midwife, a;
(T) licensed advanced practice registered nurse who has been
granted a temporary authorization by the board of nursing to practice as
an advanced practice registered nurse in the classification of a nurse-
HOUSE BILL No. 2249—page 11
midwife, a;
(U) nursing facility licensed by the state of Kansas, an;
(V) assisted living facility licensed by the state of Kansas; or
(W) a residential healthcare facility licensed by the state of
Kansas.
(2) "Healthcare provider" does not include:
(1)(A) Any state institution for people with intellectual disability;
(2)(B) any state psychiatric hospital;
(3)(C) any person holding an exempt license issued by the state
board of healing arts or the board of nursing;
(4)(D) any person holding a visiting clinical professor license
from the state board of healing arts;
(5)(E) any person holding an inactive license issued by the state
board of healing arts;
(6)(F) any person holding a federally active license issued by the
state board of healing arts;
(7)(G) an advanced practice registered nurse who is authorized by
the board of nursing to practice as an advanced practice registered
nurse in the classification of nurse-midwife or nurse anesthetist and
who practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or
agencies or who provides professional services as a charitable
healthcare provider as defined under K.S.A. 75-6102, and amendments
thereto; or
(8)(H) a physician assistant licensed by the state board of healing
arts who practices solely in the course of employment or active duty in
the United States government or any of its departments, bureaus or
agencies or who provides professional services as a charitable
healthcare provider as defined under K.S.A. 75-6102, and amendments
thereto.
(g) "Inactive healthcare provider" means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or
subsequent to the effective date of this act but who, at the time a claim
is made for personal injury or death arising out of the rendering of or
the failure to render professional services by such healthcare provider,
does not have basic coverage or self-insurance in effect solely because
such person is no longer engaged in rendering professional service as a
healthcare provider.
(h) "Insurer" means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write
bodily injury or property damage liability insurance in this state,
including workers compensation and automobile liability insurance,
pursuant to the provisions of the acts contained in article 9, 11, 12 or 16
of chapter 40 of the Kansas Statutes Annotated, and amendments
thereto.
(i) "Plan" means the operating and administrative rules and
procedures developed by insurers and rating organizations or the
commissioner to make professional liability insurance available to
healthcare providers.
(j) "Professional liability insurance" means insurance providing
coverage for legal liability arising out of the performance of
professional services rendered or that should have been rendered by a
healthcare provider.
(k) "Rating organization" means a corporation, an unincorporated
association, a partnership or an individual licensed pursuant to K.S.A.
40-956, and amendments thereto, to make rates for professional
liability insurance.
(l) "Self-insurer" means a healthcare provider who qualifies as a
self-insurer pursuant to K.S.A. 40-3414, and amendments thereto.
HOUSE BILL No. 2249—page 12
(m) "Medical care facility" means the same when used in the
healthcare provider insurance availability act as defined in K.S.A. 65-
425, and amendments thereto, except that as used in the healthcare
provider insurance availability act such term, as it relates to insurance
coverage under the healthcare provider insurance availability act, also
includes any director, trustee, officer or administrator of a medical care
facility.
(n) "Mental health center" means a mental health center licensed
by the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that as used in the healthcare provider insurance
availability act such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed by
the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.
(p) "State institution for people with intellectual disability" means
Winfield state hospital and training center, Parsons state hospital and
training center and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility south
central regional mental health hospital.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by and is studying at
the university of Kansas medical center only when such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the dean of the
school of medicine and the executive vice-chancellor of the university
of Kansas medical center. Persons engaged in residency training shall
be considered resident healthcare providers for purposes of K.S.A. 40-
3401 et seq., and amendments thereto; and
(2) a person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by a nonprofit
corporation organized to administer the graduate medical education
programs of community hospitals or medical care facilities affiliated
with the university of Kansas school of medicine or who is employed
by an affiliate of the university of Kansas school of medicine as defined
in K.S.A. 76-367, and amendments thereto, only when such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the chief operating
officer of the nonprofit corporation or the chief operating officer of the
affiliate and the executive vice-chancellor of the university of Kansas
medical center.
(s) "Full-time physician faculty employed by the university of
Kansas medical center" means a person licensed to practice medicine
and surgery who holds a full-time appointment at the university of
Kansas medical center when such person is providing healthcare. A
person licensed to practice medicine and surgery who holds a full-time
appointment at the university of Kansas medical center may also be
employed part-time by the United States department of veterans affairs
if such employment is approved by the executive vice-chancellor of the
university of Kansas medical center.
(t) "Sexual act" or "sexual activity" means that sexual conduct that
HOUSE BILL No. 2249—page 13
constitutes a criminal or tortious act under the laws of the state of
Kansas.
(u) "Board" means the board of governors created by K.S.A. 40-
3403, and amendments thereto.
(v) "Board of directors" means the governing board created by
K.S.A. 40-3413, and amendments thereto.
(w) "Locum tenens contract" means a temporary agreement not
exceeding 182 days per calendar year that employs a healthcare
provider to actively render professional services in this state.
(x) "Professional services" means patient care or other services
authorized under the act governing licensure of a healthcare provider.
(y) "Healthcare facility" means a nursing facility, an assisted
living facility or a residential healthcare facility as all such terms are
defined in K.S.A. 39-923, and amendments thereto.
(z) "Charitable healthcare provider" means the same as defined in
K.S.A. 75-6102, and amendments thereto.
Sec. 8. K.S.A. 41-1126 is hereby amended to read as follows: 41-
1126. (a) In addition to other purposes for which expenditures may be
made from the other state fees fund of the Kansas department for aging
and disability services, moneys in the other state fees fund of the
Kansas department for aging and disability services shall be used by
the secretary for aging and disability services to provide financial
assistance to community-based alcoholism and intoxication treatment
programs for the following purposes:
(1) Matching money under title XX of the federal social security
act to purchase treatment services from approved treatment facilities;
(2) providing start-up or expansion grants for halfway houses or
rehabilitation centers for alcoholics;
(3) purchasing services from approved treatment facilities for
persons who are needy but who are not eligible for assistance under
either title XIX or title XX of the federal social security act, and
administrative costs of the alcohol and drug abuse section which shall
not exceed 10% of the total moneys in the community alcoholism and
intoxication programs fund; and
(4) assisting to develop programs for prevention, education, early
identification and facility assistance and review team.
(b) No state alcohol treatment program at Osawatomie state
hospital, Rainbow mental health facility or Larned state hospital or
south central regional mental health hospital shall receive any moneys
under the provisions of subsection (a) of this section.
(c) There is hereby established in the state treasury the community
alcoholism and intoxication programs fund.
(d) On or before the 10th day of each month, the director of
accounts and reports shall transfer from the state general fund to the
community alcoholism and intoxication programs fund interest
earnings based on:
(1) The average daily balance of moneys in the community
alcoholism and intoxication programs fund for the preceding month;
and
(2) the net earnings rate of the pooled money investment portfolio
for the preceding month.
(e) All expenditures from the community alcoholism and
intoxication programs fund shall be made in accordance with
appropriations acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the secretary for aging
and disability services or the secretary's designee.
Sec. 9. K.S.A. 2024 Supp. 59-2006b is hereby amended to read as
follows: 59-2006b. (a) At least annually, the secretary for aging and
disability services shall establish the basic maximum rate of charge for
HOUSE BILL No. 2249—page 14
treatment of patients in each state institution, except that such rates
shall not exceed projected hospital costs of the state institution,
including the allocated costs of services by other state agencies, as
determined by application of generally acceptable hospital accounting
principles. In determining these rates, the secretary shall compute the
average daily projected operating cost of treatment of all patients in
each state institution and shall set a basic maximum rate of charge for
each and every patient in each state institution and each such patient's
responsible relatives at the average daily projected operating cost of
each institution so computed. When established pursuant to this section,
each such rate shall be published in the Kansas register by the secretary
and thereafter, until a subsequent rate is published as provided in this
section, the rates last published shall be the legal rate of charge. All
courts in this state shall recognize and take judicial notice of the
procedure and the rates established under this section.
(b) In lieu of the procedure for computing the basic maximum rate
of charge established under subsection (a), the secretary for aging and
disability services may authorize any state institution to compute an
individual patient charge on the basis of rates for services based on cost
incurred by such state institution as determined by application of
generally acceptable hospital accounting principles.
(c) As used in this section, "state institution" means the
Osawatomie state hospital, Rainbow mental health facility, Larned state
hospital, including the state security hospital, Parsons state hospital and
training center, south central regional mental health hospital, including
the extension state security hospital and the Kansas neurological
institute.
Sec. 10. K.S.A. 2024 Supp. 59-2946 is hereby amended to read as
follows: 59-2946. When used in the care and treatment act for mentally
ill persons:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-2950, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-2973, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) (1) "Mental health center" means any community mental
health center as defined in K.S.A. 39-2002, and amendments thereto, or
a mental health clinic organized as a not-for-profit or a for-profit
corporation pursuant to K.S.A. 17-1701 through 17-1775, and
amendments thereto, or K.S.A. 17-6001 through 17-6010, and
amendments thereto, and licensed in accordance with the provisions of
K.S.A. 39-2001 et seq., and amendments thereto.
(2) "Participating mental health center" means a mental health
center that has entered into a contract with the secretary for aging and
disability services pursuant to the provisions of K.S.A. 39-1601
through 39-1612, and amendments thereto.
(e) "Mentally ill person" means any person who is suffering from
a mental disorder that is manifested by a clinically significant
behavioral or psychological syndrome or pattern and associated with
either a painful symptom or an impairment in one or more important
areas of functioning, and involving substantial behavioral,
psychological or biological dysfunction, to the extent that the person is
in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in
subsection (e), who also lacks capacity to make an informed decision
HOUSE BILL No. 2249—page 15
concerning treatment, is likely to cause harm to self or others, and
whose diagnosis is not solely one of the following mental disorders:
Alcohol or chemical substance abuse; antisocial personality disorder;
intellectual disability; organic personality syndrome; or an organic
mental disorder.
(2) "Lacks capacity to make an informed decision concerning
treatment" means that the person, by reason of the person's mental
disorder, is unable, despite conscientious efforts at explanation, to
understand basically the nature and effects of hospitalization or
treatment or is unable to engage in a rational decision-making process
regarding hospitalization or treatment, as evidenced by an inability to
weigh the possible risks and benefits.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's mental disorder: (A) Is likely, in the
reasonably foreseeable future, to cause substantial physical injury or
physical abuse to self or others or substantial damage to another's
property, as evidenced by behavior threatening, attempting or causing
such injury, abuse or damage; except that if the harm threatened,
attempted or caused is only harm to the property of another, the harm
must be of such a value and extent that the state's interest in protecting
the property from such harm outweighs the person's interest in personal
liberty; or (B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
person's ability to function on the person's own.
No person who is being treated by prayer in the practice of the
religion of any church that teaches reliance on spiritual means alone
through prayer for healing shall be determined to be a mentally ill
person subject to involuntary commitment for care and treatment under
this act unless substantial evidence is produced upon which the district
court finds that the proposed patient is likely in the reasonably
foreseeable future to cause substantial physical injury or physical abuse
to self or others or substantial damage to another's property, as
evidenced by behavior threatening, attempting or causing such injury,
abuse or damage; except that if the harm threatened, attempted or
caused is only harm to the property of another, the harm must be of
such a value and extent that the state's interest in protecting the
property from such harm outweighs the person's interest in personal
liberty.
(g) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-2949, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-2952 or 59-2957, and amendments thereto, has
been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-2954(b) or (c), and amendments thereto.
(h) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(j) "Qualified mental health professional" means a physician or
HOUSE BILL No. 2249—page 16
psychologist who is employed by a participating mental health center
or who is providing services as a physician or psychologist under a
contract with a participating mental health center, a licensed master's
level psychologist, a licensed clinical psychotherapist, a licensed
marriage and family therapist, a licensed clinical marriage and family
therapist, a licensed professional counselor, a licensed clinical
professional counselor, a licensed specialist social worker or a licensed
master social worker or a registered nurse who has a specialty in
psychiatric nursing, who is employed by a participating mental health
center and who is acting under the direction of a physician or
psychologist who is employed by, or under contract with, a
participating mental health center.
(1) "Direction" means monitoring and oversight including regular,
periodic evaluation of services.
(2) "Licensed master social worker" means a person licensed as a
master social worker by the behavioral sciences regulatory board under
K.S.A. 65-6301 through 65-6318, and amendments thereto.
(3) "Licensed specialist social worker" means a person licensed in
a social work practice specialty by the behavioral sciences regulatory
board under K.S.A. 65-6301 through 65-6318, and amendments
thereto.
(4) "Licensed master's level psychologist" means a person
licensed as a licensed master's level psychologist by the behavioral
sciences regulatory board under K.S.A. 74-5361 through 74-5373, and
amendments thereto.
(5) "Registered nurse" means a person licensed as a registered
professional nurse by the board of nursing under K.S.A. 65-1113
through 65-1164, and amendments thereto.
(k) "Secretary" means the secretary for aging and disability
services.
(l) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital or Rainbow mental health facility south
central regional mental health hospital.
(m) "Treatment" means any service intended to promote the
mental health of the patient and rendered by a qualified professional,
licensed or certified by the state to provide such service as an
independent practitioner or under the supervision of such practitioner.
(n) "Treatment facility" means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital,
psychologist, physician or other institution or person authorized or
licensed by law to provide either inpatient or outpatient treatment to
any patient.
(o) The terms defined in K.S.A. 59-3051, and amendments
thereto, shall have the meanings provided by that section.
Sec. 11. K.S.A. 2024 Supp. 59-29b46 is hereby amended to read
as follows: 59-29b46. When used in the care and treatment act for
persons with an alcohol or substance abuse problem:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-29b50, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-29b73, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" means a person who engages
in the practice of addiction counseling limited to substance use
disorders and who is licensed by the behavioral sciences regulatory
board. Such person shall engage in the practice of addiction counseling
HOUSE BILL No. 2249—page 17
in a state-licensed or certified alcohol and other drug treatment program
or while completing a Kansas domestic violence offender assessment
for participants in a certified batterer intervention program pursuant to
K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless
otherwise exempt from licensure under subsection (n).
(e) "Licensed clinical addiction counselor" means a person who
engages in the independent practice of addiction counseling and
diagnosis and treatment of substance use disorders specified in the
edition of the American psychiatric association's diagnostic and
statistical manual of mental disorders (DSM) designated by the board
by rules and regulations and is licensed by the behavioral sciences
regulatory board.
(f) "Licensed master's addiction counselor" means a person who
engages in the practice of addiction counseling limited to substance use
disorders and who is licensed under this act. Such person may diagnose
substance use disorders only under the direction of a licensed clinical
addiction counselor, a licensed psychologist, a person licensed to
practice medicine and surgery or a person licensed to provide mental
health services as an independent practitioner and whose licensure
allows for the diagnosis and treatment of substance abuse disorders or
mental disorders.
(g) "Other facility for care or treatment" means any mental health
clinic, medical care facility, nursing home, the detox units at either
Osawatomie state hospital or Larned state hospital any state hospital ,
any physician or any other institution or individual authorized or
licensed by law to give care or treatment to any person.
(h) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-29b49, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-29b52 or 59-29b57, and amendments thereto,
has been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-29b54(b) or (c), and amendments thereto.
(i) "Person with an alcohol or substance abuse problem" means a
person who: (1) Lacks self-control as to the use of alcoholic beverages
or any substance as defined in subsection (m); or
(2) uses alcoholic beverages or any substance to the extent that the
person's health may be substantially impaired or endangered without
treatment.
(j) (1) "Person with an alcohol or substance abuse problem subject
to involuntary commitment for care and treatment" means a person
with an alcohol or substance abuse problem who also is incapacitated
by alcohol or any substance and is likely to cause harm to self or others.
(2) "Incapacitated by alcohol or any substance" means that the
person, as the result of the use of alcohol or any substance, has
impaired judgment resulting in the person:
(A) Being incapable of realizing and making a rational decision
with respect to the need for treatment; or
(B) lacking sufficient understanding or capability to make or
communicate responsible decisions concerning either the person's well-
being or estate.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's use of alcohol or any substance:
(A) Is likely, in the reasonably foreseeable future, to cause
HOUSE BILL No. 2249—page 18
substantial physical injury or physical abuse to self or others or
substantial damage to another's property, as evidenced by behavior
threatening, attempting or causing such injury, abuse or damage; except
that if the harm threatened, attempted or caused is only harm to the
property of another, the harm must be of such a value and extent that
the state's interest in protecting the property from such harm outweighs
the person's interest in personal liberty; or
(B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
person's ability to function on the person's own.
(k) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(l) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(m) "Substance" means:
(1) The same as the term "controlled substance" as defined in
K.S.A. 21-5701, and amendments thereto; or
(2) fluorocarbons, toluene or volatile hydrocarbon solvents.
(n) "Treatment" means the broad range of emergency, outpatient,
intermediate and inpatient services and care, including diagnostic
evaluation, medical, psychiatric, psychological and social service care,
vocational rehabilitation and career counseling, which may be extended
to persons with an alcohol or substance abuse problem.
(o) (1) "Treatment facility" means a treatment program, public or
private treatment facility, or any facility of the United States
government available to treat a person for an alcohol or other substance
abuse problem, but such term does not include a licensed medical care
facility, a licensed adult care home, a facility licensed under K.S.A.
2015 Supp. 75-3307b, prior to its repeal , or under K.S.A. 39-2001 et
seq., and amendments thereto, a community-based alcohol and drug
safety action program certified under K.S.A. 8-1008, and amendments
thereto, and performing only those functions for which the program is
certified to perform under K.S.A. 8-1008, and amendments thereto, or a
professional licensed by the behavioral sciences regulatory board to
diagnose and treat mental disorders at the independent level or a
physician, who may treat in the usual course of the behavioral sciences
regulatory board licensee's or physician's professional practice
individuals incapacitated by alcohol or other substances, but who are
not primarily engaged in the usual course of the individual's
professional practice in treating such individuals, or any state
institution, even if detoxification services may have been obtained at
such institution.
(2) "Private treatment facility" means a private agency providing
facilities for the care and treatment or lodging of persons with either an
alcohol or other substance abuse problem and meeting the standards
prescribed in either K.S.A. 65-4013 or 65-4603, and amendments
thereto, and licensed under either K.S.A. 65-4014 or 65-4607, and
amendments thereto.
(3) "Public treatment facility" means a treatment facility owned
and operated by any political subdivision of the state of Kansas and
licensed under either K.S.A. 65-4014 or 65-4603, and amendments
thereto, as an appropriate place for the care and treatment or lodging of
persons with an alcohol or other substance abuse problem.
(p) The terms defined in K.S.A. 59-3051, and amendments
thereto, shall have the meanings provided by that section.
HOUSE BILL No. 2249—page 19
Sec. 12. K.S.A. 2024 Supp. 59-29b54 is hereby amended to read
as follows: 59-29b54. (a) A treatment facility may admit and detain any
person for emergency observation and treatment upon an ex parte
emergency custody order issued by a district court pursuant to K.S.A.
59-29b58, and amendments thereto.
(b) A treatment facility or the detox unit at Osawatomie state
hospital or at Larned state hospital any state hospital may admit and
detain any person presented for emergency observation and treatment
upon written application of a law enforcement officer having custody
of that person pursuant to K.S.A. 59-29b53, and amendments thereto.
The application shall state:
(1) The name and address of the person sought to be admitted, if
known;
(2) the name and address of the person's spouse or nearest relative,
if known;
(3) the officer's belief that the person is or may be a person with
an alcohol or substance abuse problem subject to involuntary
commitment for care and treatment and is likely to cause harm to self
or others if not immediately detained;
(4) the factual circumstances in support of that belief and the
factual circumstances under which the person was taken into custody
including any known pending criminal charges; and
(5) the fact that the law enforcement officer will file the petition
provided for in K.S.A. 59-29b57, and amendments thereto, by the close
of business of the first day thereafter that the district court is open for
the transaction of business, or that the officer has been informed by a
parent, legal guardian or other person, whose name shall be stated in
the application will file the petition provided for in K.S.A. 59-29b57,
and amendments thereto, within that time.
(c) A treatment facility may admit and detain any person presented
for emergency observation and treatment upon the written application
of any individual. The application shall state:
(1) The name and address of the person sought to be admitted, if
known;
(2) the name and address of the person's spouse or nearest relative,
if known;
(3) the applicant's belief that the person may be a person with an
alcohol or substance abuse problem subject to involuntary commitment
and is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief;
(5) any pending criminal charges, if known;
(6) the fact that the applicant will file the petition provided for in
K.S.A. 59-29b57, and amendments thereto, by the close of business of
the first day thereafter that the district court is open for the transaction
of business; and
(7) the application shall also be accompanied by a statement in
writing of a physician, psychologist or licensed addiction counselor
finding that the person is likely to be a person with an alcohol or
substance abuse problem subject to involuntary commitment for care
and treatment under this act.
(d) Any treatment facility or personnel thereof, who in good faith
renders treatment in accordance with law to any person admitted
pursuant to subsection (b) or (c), shall not be liable in a civil or criminal
action based upon a claim that the treatment was rendered without legal
consent.
Sec. 13. K.S.A. 2024 Supp. 59-29b57 is hereby amended to read
as follows: 59-29b57. (a) A verified petition to determine whether or
not a person is a person with an alcohol or substance abuse problem
subject to involuntary commitment for care and treatment under this act
HOUSE BILL No. 2249—page 20
may be filed in the district court of the county wherein where that
person resides or wherein where such person may be found.
(b) The petition shall state:
(1) The petitioner's belief that the named person is a person with
an alcohol or substance abuse problem subject to involuntary
commitment and the facts upon which this belief is based;
(2) to the extent known, the name, age, present whereabouts and
permanent address of the person named as possibly a person with an
alcohol or substance abuse problem subject to involuntary
commitment; and if not known, any information the petitioner might
have about this person and where the person resides;
(3) to the extent known, the name and address of the person's
spouse or nearest relative or relatives, or legal guardian, or if not
known, any information the petitioner might have about a spouse,
relative or relatives or legal guardian and where they might be found;
(4) to the extent known, the name and address of the person's legal
counsel, or if not known, any information the petitioner might have
about this person's legal counsel;
(5) to the extent known, whether or not this person is able to pay
for medical services, or if not known, any information the petitioner
might have about the person's financial circumstances or indigency;
(6) to the extent known, the name and address of any person who
has custody of the person, and any known pending criminal charge or
charges or of any arrest warrant or warrants outstanding or, if there are
none, that fact or if not known, any information the petitioner might
have about any current criminal justice system involvement with the
person;
(7) the name or names and address or addresses of any witness or
witnesses the petitioner believes has knowledge of facts relevant to the
issue being brought before the court; and
(8) the name and address of the treatment facility to which the
petitioner recommends that the proposed patient be sent for treatment if
the proposed patient is found to be a person with an alcohol or
substance abuse problem subject to involuntary commitment for care
and treatment under this act, or if the petitioner is not able to
recommend a treatment facility to the court, then that fact and that the
secretary for aging and disability services has been notified and
requested to determine which treatment facility the proposed patient
should be sent to.
(c) The petition shall be accompanied by:
(1) A signed certificate from a physician, psychologist or state
certified alcohol and substance abuse counselor stating that such
professional has personally examined the person and any available
records and has found that the person, in such professional's opinion, is
likely to be a person with an alcohol or substance abuse problem
subject to involuntary commitment for care and treatment under this
act, unless the court allows the petition to be accompanied by a verified
statement by the petitioner that the petitioner had attempted to have the
person seen by a physician, psychologist or state certified alcohol and
substance abuse counselor, but that the person failed to cooperate to
such an extent that the examination was impossible to conduct;
(2) a statement of consent to the admission of the proposed patient
to the treatment facility named by the petitioner pursuant to subsection
(b)(8) signed by the head of that treatment facility or other
documentation which shows the willingness of the treatment facility to
admitting the proposed patient for care and treatment; and
(3) if applicable, a copy of any notice given pursuant to K.S.A.
59-29b51, and amendments thereto, in which the named person has
sought discharge from a treatment facility into which they had
HOUSE BILL No. 2249—page 21
previously entered voluntarily, or a statement from the treating
physician or psychologist that the person was admitted as a voluntary
patient but now lacks capacity to make an informed decision
concerning treatment and is refusing reasonable treatment efforts, and
including a description of the treatment efforts being refused.
(d) The petition may include a request that an ex parte emergency
custody order be issued pursuant to K.S.A. 59-29b58, and amendments
thereto. If such request is made the petition shall also include:
(1) A brief statement explaining why the person should be
immediately detained or continue to be detained;
(2) the place where the petitioner requests that the person be
detained or continue to be detained; and
(3) if applicable, because detention is requested in a facility other
than the detox unit at either Osawatomie state hospital or at Larned a
state hospital, a statement that the facility is willing to accept and detain
such person.
(e) The petition may include a request that a temporary custody
order be issued pursuant to K.S.A. 59-29b59, and amendments thereto.
Sec. 14. K.S.A. 2024 Supp. 59-3077 is hereby amended to read as
follows: 59-3077. (a) At any time after the filing of the petition
provided for in K.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, and
amendments thereto, any person may file in addition to that original
petition, or as a part thereof, or at any time after the appointment of a
temporary guardian as provided for in K.S.A. 59-3073, and
amendments thereto, or a guardian as provided for in K.S.A. 59-3067,
and amendments thereto, the temporary guardian or guardian may file a
verified petition requesting that the court grant authority to the
temporary guardian or guardian to admit the proposed ward or ward to
a treatment facility, as defined in subsection (h), and to consent to the
care and treatment of the proposed ward or ward therein. The petition
shall include:
(1) The petitioner's name and address, and if the petitioner is the
proposed ward's or ward's court appointed temporary guardian or
guardian, that fact;
(2) the proposed ward's or ward's name, age, date of birth, address
of permanent residence and present address or whereabouts, if different
from the proposed ward's or ward's permanent residence;
(3) the name and address of the proposed ward's or ward's court
appointed temporary guardian or guardian, if different from the
petitioner;
(4) the factual basis upon which the petitioner alleges the need for
the proposed ward or ward to be admitted to and treated at a treatment
facility, or for the proposed ward or ward to continue to be treated at
the treatment facility to which the proposed ward or ward has already
been admitted, or for the guardian to have continuing authority to admit
the ward for care and treatment at a treatment facility pursuant to
K.S.A. 59-2949(b)(3) or K.S.A. 59-29b49(b)(3), and amendments
thereto;
(5) the names and addresses of witnesses by whom the truth of
this petition may be proved; and
(6) a request that the court find that the proposed ward or ward is
in need of being admitted to and treated at a treatment facility, and that
the court grant to the temporary guardian or guardian the authority to
admit the proposed ward or ward to a treatment facility and to consent
to the care and treatment of the proposed ward or ward therein.
(b) The petition may be accompanied by a report of an
examination and evaluation of the proposed ward or ward conducted by
an appropriately qualified professional that shows that the criteria set
out in K.S.A. 39-1803, 59-2946(e), 59-29b46(i) or 76-12b03, and
HOUSE BILL No. 2249—page 22
amendments thereto, are met.
(c) Upon the filing of such a petition, the court shall issue the
following:
(1) An order fixing the date, time and place of a hearing on the
petition. Such hearing, in the court's discretion, may be conducted in a
courtroom, a treatment facility or at some other suitable place. The time
fixed in the order shall in no event be earlier than seven days or later
than 21 days after the date of the filing of the petition. The court may
consolidate this hearing with the trial upon the original petition filed
pursuant to K.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, and
amendments thereto, or with the trial provided for in the care and
treatment act for mentally ill persons or the care and treatment act for
persons with an alcohol or substance abuse problem, if the petition also
incorporates the allegations required by, and is filed in compliance
with, the provisions of either of those acts.
(2) An order requiring that the proposed ward or ward appear at
the time and place of the hearing on the petition unless the court makes
a finding prior to the hearing that the presence of the proposed ward or
ward will be injurious to the person's health or welfare, that the
proposed ward's or ward's impairment is such that the person could not
meaningfully participate in the proceedings or that the proposed ward
or ward has filed with the court a written waiver of such ward's right to
appear in person. In any such case, the court shall enter in the record of
the proceedings the facts upon which the court has found that the
presence of the proposed ward or ward at the hearing should be
excused. Notwithstanding the foregoing provisions of this subsection, if
the proposed ward or ward files with the court at least one day prior to
the date of the hearing a written notice stating the person's desire to be
present at the hearing, the court shall order that the person must be
present at the hearing.
(3) An order appointing an attorney to represent the proposed
ward or ward. The court shall give preference, in the appointment of
this attorney, to any attorney who has represented the proposed ward or
ward in other matters, if the court has knowledge of that prior
representation. The proposed ward, or the ward with the consent of the
ward's conservator, if one has been appointed, shall have the right to
engage an attorney of the proposed ward's or ward's choice and, in such
case, the attorney appointed by the court shall be relieved of all duties
by the court. Any appointment made by the court shall terminate upon a
final determination of the petition and any appeal therefrom, unless the
court continues the appointment by further order.
(4) An order fixing the date, time and a place that is in the best
interest of the proposed ward or ward at which the proposed ward or
ward shall have the opportunity to consult with such ward's attorney.
This consultation shall be scheduled to occur prior to the time at which
the examination and evaluation ordered pursuant to subsection (d)(1), if
ordered, is scheduled to occur.
(5) A notice similar to that provided for in K.S.A. 59-3066, and
amendments thereto.
(d) Upon the filing of such a petition, the court may issue the
following:
(1) An order for a psychological or other examination and
evaluation of the proposed ward or ward, as may be specified by the
court. The court may order the proposed ward or ward to submit to
such an examination and evaluation to be conducted through a general
hospital, psychiatric hospital, community mental health center or
community developmental disability organization or by a private
physician, psychiatrist, psychologist or other person appointed by the
court who is qualified to examine and evaluate the proposed ward or
HOUSE BILL No. 2249—page 23
ward. The costs of this examination and evaluation shall be assessed as
provided for in K.S.A. 59-3094, and amendments thereto.
(2) If the petition is accompanied by a report of an examination
and evaluation of the proposed ward or ward as provided for in
subsection (b), an order granting temporary authority to the temporary
guardian or guardian to admit the proposed ward or ward to a treatment
facility and to consent to the care and treatment of the proposed ward or
ward therein. Any such order shall expire immediately after the hearing
upon the petition, or as the court may otherwise specify, or upon the
discharge of the proposed ward or ward by the head of the treatment
facility, if the proposed ward or ward is discharged prior to the time at
which the order would otherwise expire.
(3) For good cause shown, an order of continuance of the hearing.
(4) For good cause shown, an order of advancement of the
hearing.
(5) For good cause shown, an order changing the place of the
hearing.
(e) The hearing on the petition shall be held at the time and place
specified in the court's order issued pursuant to subsection (c), unless
an order of advancement, continuance or a change of place of the
hearing has been issued pursuant to subsection (d). The petitioner and
the proposed ward or ward shall each be afforded an opportunity to
appear at the hearing, to testify and to present and cross-examine
witnesses. If the hearing has been consolidated with a trial being held
pursuant to either the care and treatment act for mentally ill persons or
the care and treatment act for persons with an alcohol or substance
abuse problem, persons not necessary for the conduct of the
proceedings may be excluded as provided for in those acts. The hearing
shall be conducted in as informal a manner as may be consistent with
orderly procedure. The court shall have the authority to receive all
relevant and material evidence which may be offered, including the
testimony or written report, findings or recommendations of any
professional or other person who has examined or evaluated the
proposed ward or ward pursuant to any order issued by the court
pursuant to subsection (d). Such evidence shall not be privileged for the
purpose of this hearing.
(f) Upon completion of the hearing, if the court finds by clear and
convincing evidence that the criteria set out in K.S.A. 39-1803, 59-
2946(e), 59-29b46(i) or 76-12b03, and amendments thereto, are met,
and after a careful consideration of reasonable alternatives to admission
of the proposed ward or ward to a treatment facility, the court may
enter an order granting such authority to the temporary guardian or
guardian as is appropriate, including continuing authority to the
guardian to readmit the ward to an appropriate treatment facility as may
later become necessary. Any such grant of continuing authority shall
expire two years after the date of final discharge of the ward from such
a treatment facility if the ward has not had to be readmitted to a
treatment facility during that two-year period of time. Thereafter, any
such grant of continuing authority may be renewed only after the filing
of another petition seeking authority in compliance with the provision
of this section.
(g) Nothing herein shall be construed so as to prohibit the head of
a treatment facility from admitting a proposed ward or ward to that
facility as a voluntary patient if the head of the treatment facility is
satisfied that the proposed ward or ward at that time has the capacity to
understand such ward's illness and need for treatment, and to consent to
such ward's admission and treatment. Upon any such admission, the
head of the treatment facility shall give notice to the temporary
guardian or guardian as soon as possible of the ward's admission, and
HOUSE BILL No. 2249—page 24
shall provide to the temporary guardian or guardian copies of any
consents the proposed ward or ward has given. Thereafter, the
temporary guardian or guardian shall timely either seek to obtain
proper authority pursuant to this section to admit the proposed ward or
ward to a treatment facility and to consent to further care and treatment,
or shall otherwise assume responsibility for the care of the proposed
ward or ward, consistent with the authority of the temporary guardian
or guardian, and may arrange for the discharge from the facility of the
proposed ward or ward, unless the head of the treatment facility shall
file a petition requesting the involuntary commitment of the proposed
ward or ward to that or some other facility.
(h) As used herein, "treatment facility" means the Kansas
neurological institute, Larned state hospital, Osawatomie state hospital,
south central regional mental health hospital, Parsons state hospital
and training center, the Rainbow mental health facility , any
intermediate care facility for people with intellectual disability, any
psychiatric hospital licensed pursuant to K.S.A. 39-2001 et seq., and
amendments thereto, and any other facility for mentally ill persons or
people with intellectual or developmental disabilities licensed pursuant
to K.S.A. 39-2001 et seq., and amendments thereto, if the proposed
ward or ward is to be admitted as an inpatient or resident of that
facility.
Sec. 15. K.S.A. 65-4921 is hereby amended to read as follows: 65-
4921. As used in K.S.A. 65-4921 through 65-4930, and amendments
thereto:
(a) "Appropriate licensing agency" means the agency that issued
the license to the individual or health care healthcare provider who is
the subject of a report under this act.
(b) "Department" means the department of health and
environment.
(c) "Health careHealthcare provider" means:
(1) Those persons and entities defined as a health care healthcare
provider under K.S.A. 40-3401, and amendments thereto; and
(2) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse
licensed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist licensed by the state board of healing arts, a
physical therapist assistant certified by the state board of healing arts,
an occupational therapist licensed by the state board of healing arts, an
occupational therapy assistant licensed by the state board of healing
arts and a respiratory therapist licensed by the state board of healing
arts.
(d) "License," "licensee" and "licensing" include comparable
terms that relate to regulation similar to licensure, such as registration.
(e) "Medical care facility" means:
(1) A medical care facility licensed under K.S.A. 65-425 et seq.,
and amendments thereto;
(2) a private psychiatric hospital licensed under K.S.A. 39-2001 et
seq., and amendments thereto; and
(3) state psychiatric hospitals and state institutions for people with
intellectual disability, as follows: Larned state hospital, Osawatomie
state hospital, Rainbow mental health facility, Kansas neurological
institute, south central regional mental health hospital and Parsons
state hospital and training center.
(f) "Reportable incident" means an act by a health care healthcare
provider that:
(1) Is or may be below the applicable standard of care and has a
reasonable probability of causing injury to a patient; or
HOUSE BILL No. 2249—page 25
(2) may be grounds for disciplinary action by the appropriate
licensing agency.
(g) "Risk manager" means the individual designated by a medical
care facility to administer its internal risk management program and to
receive reports of reportable incidents within the facility.
(h) "Secretary" means the secretary of health and environment.
Sec. 16. K.S.A. 65-5601 is hereby amended to read as follows: 65-
5601. As used in K.S.A. 65-5601 through 65-5605, and amendments
thereto:
(a) "Patient" means a person who consults or is examined or
interviewed by treatment personnel.
(b) "Treatment personnel" means any employee of a treatment
facility who receives a confidential communication from a patient
while engaged in the diagnosis or treatment of a mental, alcoholic, drug
dependency or emotional condition, if such communication was not
intended to be disclosed to third persons.
(c) "Ancillary personnel" means any employee of a treatment
facility who is not included in the definition of treatment personnel.
(d) "Treatment facility" means a community mental health center,
community service provider, psychiatric hospital and state institution
for people with intellectual disability.
(e) "Head of the treatment facility" means the administrative
director of a treatment facility or the designee of the administrative
director.
(f) "Community mental health center" means the same as defined
in K.S.A. 39-2002, and amendments thereto.
(g) "Psychiatric hospital" means Larned state hospital,
Osawatomie state hospital, Rainbow mental health facility, Topeka state
hospital south central regional mental health hospital and hospitals
licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(h) "State institution for people with intellectual disability" means
Winfield state hospital and training center, Parsons state hospital and
training center and the Kansas neurological institute.
(i) "Community service provider" means: (1) A community
facility for people with intellectual disability organized pursuant to the
provisions of K.S.A. 19-4001 through 19-4015, and amendments
thereto, and licensed in accordance with the provisions of K.S.A. 39-
2001 et seq., and amendments thereto; (2) community service provider
as provided in the developmental disabilities reform act; or (3) a
nonprofit corporation that provides services for people with intellectual
disability pursuant to a contract with an intellectual disability governing
board.
Sec. 17. K.S.A. 2024 Supp. 74-3292 is hereby amended to read as
follows: 74-3292. As used in this act:
(a) "Executive officer" means the chief executive officer of the
state board of regents appointed under K.S.A. 74-3203a, and
amendments thereto.
(b) "Mental health or treatment facility" means:
(1) Any private treatment facility as defined in K.S.A. 59-29b46,
and amendments thereto;
(2) any public treatment facility as defined in K.S.A. 59-29b46,
and amendments thereto;
(3) any community mental health center organized pursuant to
K.S.A. 19-4001 through 19-4015, and amendments thereto, and
licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(4) any mental health clinic organized pursuant to K.S.A. 65-211
through 65-215, and amendments thereto, and licensed pursuant to
K.S.A. 39-2001 et seq., and amendments thereto;
(5) any psychiatric hospital, psychiatric residential treatment
HOUSE BILL No. 2249—page 26
facility or residential care facility as such terms are defined in K.S.A.
39-2002, and amendments thereto;
(6) any hospital as defined in K.S.A. 65-425, and amendments
thereto, if:
(A) The hospital has a psychiatric unit; and
(B) the scholarship recipient is required to fulfill the nursing
service scholarship's employment obligations as an employee in the
psychiatric unit of the hospital; or
(7) Osawatomie state hospital, Rainbow mental health facility,
Larned state hospital, south central regional mental health hospital,
Parsons state hospital and training center or the Kansas neurological
institute.
(c) "School of nursing" means a school within the state of Kansas
that is approved by the state board of nursing to grant an associate
degree or a baccalaureate degree in professional nursing or a certificate
of completion in practical nursing and is:
(1) Under the control and supervision of the state board of regents;
(2) a municipal university; or
(3) a not-for-profit independent institution of higher education that
has its main campus or principal place of operation in Kansas,
maintains open enrollment as defined in K.S.A. 74-32,120, and
amendments thereto, and is operated independently and not controlled
or administered by the state or any agency or subdivision thereof.
(d) "Sponsor" means any of the following that is located in a rural
opportunity zone as defined in K.S.A. 74-50,222, and amendments
thereto:
(1) An adult care home licensed under the adult care home
licensure act, K.S.A. 39-923 et seq., and amendments thereto;
(2) a medical care facility licensed under K.S.A. 65-425 et seq.,
and amendments thereto;
(3) a home health agency licensed under K.S.A. 65-5101 et seq.,
and amendments thereto;
(4) a local health department as defined in K.S.A. 65-241, and
amendments thereto;
(5) a mental health or treatment facility; and
(6) a state agency that employs licensed practical nurses or
licensed professional nurses.
Sec. 18. K.S.A. 75-3099 is hereby amended to read as follows: 75-
3099. (a) The governing board of any educational institution may enter
into agreements with any state agency for the provision of instruction at
the educational institution or off the campus thereof. Credit for such
instruction shall be awarded in accordance with the provisions of the
agreement.
(b) Any state agency may enter into agreements with the
governing board of any educational institution for the provision of
instruction at the educational institution or off the campus thereof. The
amount to be paid by the state agency for the provision of instruction
under any such agreement shall be determined as provided in the
agreement, in accordance with the provisions of this section and in any
case within limitations of the appropriations of the state agency
therefor. The amount to be paid under any such agreement shall be
determined on the basis of a fixed dollar amount for each enrolled
credit hour of instruction in lieu of tuition, except that (1) an additional
dollar amount shall be paid for each credit hour value of a course which
is not taught by personnel of the state agency, (2) the payment to be
made under an agreement with a social welfare institution shall be on
the basis of four credit hours for an entry level course of instruction for
direct care staff, and (3) payments may be made to an educational
institution for special training materials and mileage expenses where
HOUSE BILL No. 2249—page 27
appropriate under the circumstances.
(c) (1) No credit hour state aid entitlement and no out-district state
aid entitlement of an educational institution shall be based upon any
subject, course or program which is taught under an agreement with a
state agency, and no such subject, course or program shall be counted
in determining the number of credit hours of out-district students for
the purpose of determining the amount of out-district tuition to be
charged by an educational institution.
(2) No tuition shall be charged to or collected from any person
who enrolls in any subject, course or program which is taught under an
agreement with a state agency.
(d) For the purpose of this section,:
(1) "Educational institution" means community college or
municipal university;
(2) "social welfare institution" means Topeka state hospital,
Osawatomie state hospital, Rainbow mental health facility, Larned state
hospital, Parsons state hospital and training center, Norton state
hospital, Winfield state hospital and training center, south central
regional mental health hospital and Kansas neurological institute; and
(3) "state agency" means any state office or officer, department,
board, commission, institution, bureau, or any agency, division or unit
within any office, department, board, commission or other authority of
this state.
Sec. 19. K.S.A. 75-3373 is hereby amended to read as follows: 75-
3373. (a) Notwithstanding any other provision of law, no state agency
shall enter into any agreement or take any action to outsource or
privatize any operations or facilities of the Larned state hospital, the
Osawatomie state hospital , the south central regional mental health
hospital or any facility that provides mental health services and that is
operated by a state agency without prior specific authorization by an act
of the legislature or an appropriation act of the legislature. The
restriction imposed by this subsection applies to any action to outsource
or privatize all or any part of any operation or facility of the Larned
state hospital, the Osawatomie state hospital, the south central regional
mental health hospital or any facility that provides mental health
services and that is operated by a state agency, including, but not
limited to, any action to transfer all or any part of the rated bed capacity
at the Larned state hospital or, the Osawatomie state hospital , or the
south central regional mental health hospital, in effect on the effective
date of this act, to another facility.
(b) Nothing in this section shall prevent the Kansas department for
aging and disability services from renewing, in substantially the same
form as an existing agreement, any agreement in existence prior to
March 4, 2016, for services at the Larned state hospital or the
Osawatomie state hospital.
(c) Nothing in this section shall prevent the Kansas department for
aging and disability services from entering into an agreement for
services at the Larned state hospital or the Osawatomie state hospital
with a different provider if such agreement is substantially similar to an
agreement for services in existence prior to March 4, 2016.
Sec. 20. K.S.A. 76-384 is hereby amended to read as follows: 76-
384. (a) Upon the selection of a service commitment area for the
purposes of satisfying a service obligation under a medical student loan
agreement entered into under this act, the person so selecting shall
inform the university of Kansas school of medicine of the service
commitment area selected.
(b) A person serving in a service commitment area pursuant to any
agreement under this act may serve all or part of any commitment in
the service commitment area initially selected by such person. If such
HOUSE BILL No. 2249—page 28
person moves from one service commitment area to another service
commitment area, such person shall notify the university of Kansas
school of medicine of such person's change of service commitment
area. Service in any such service commitment area shall be deemed to
be continuous for the purpose of satisfying any agreement entered into
under this act.
(c) A person receiving a medical student loan under this act, may
satisfy the obligation to engage in the full-time practice of medicine
and surgery in a service commitment area if the person serves as a full-
time faculty member of the university of Kansas school of medicine in
general internal medicine, general pediatrics, family medicine, family
practice, general psychiatry or child psychiatry and serves two years for
each one year of such obligation, or the equivalent thereof on a two-for-
one basis, except that, at the time any person commences satisfying
such service obligation as a full-time faculty member pursuant to this
subsection, the number of persons satisfying service commitments or
service obligations, pursuant to agreements under the medical student
loan act, as full-time faculty members pursuant to this subsection shall
not exceed the number equal to 25% of the total number of full-time
faculty members of the university of Kansas school of medicine in
general internal medicine, general pediatrics, family medicine, family
practice, general psychiatry or child psychiatry.
(d) A person may satisfy the obligation to engage in the full-time
practice of medicine and surgery in a service commitment area by
performing at least 100 hours per month of on-site primary care or
mental health care at a medical facility operated by a local health
department or nonprofit organization in this state serving medically
indigent persons or at a community mental health center or at Larned
state hospital, Osawatomie state hospital, south central regional mental
health hospital or any facility that provides mental health services and
that is operated by a state agency. As used in this subsection,:
(1) "Medically indigent" means a person who is:
(1)(A) Who is Unable to secure health care healthcare because of
inability to pay for all or a part of the costs thereof due to inadequate
personal resources, being uninsured, being underinsured, being
ineligible for governmental health benefits; or
(2)(B) who is eligible for governmental benefits but is unable to
obtain medical services; and
(2) "primary care" means general pediatrics, general internal
medicine, family medicine and family practice.
Sec. 21. K.S.A. 76-12a01 is hereby amended to read as follows:
76-12a01. As used in this act, unless the context otherwise requires:
(a) "Secretary" means the secretary for aging and disability
services.
(b) "Institution" means the following institutions: Osawatomie
state hospital, Rainbow mental health facility, Larned state hospital,
south central regional mental health hospital, Parsons state hospital
and training center, and Kansas neurological institute.
(c) "Director" or "commissioner" means the commissioner of
community services and programs.
Sec. 22. K.S.A. 76-12a31 is hereby amended to read as follows:
76-12a31. 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 hospital
and south central regional mental health hospital 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
HOUSE BILL No. 2249—page 29
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.
Sec. 23. K.S.A. 76-1407 is hereby amended to read as follows: 76-
1407. Any reference in the laws of this state to "Parsons state training
school," "state hospital for epileptics at Parsons" or words of similar
import, shall be deemed to mean the Parsons state hospital and training
center.
Sec. 24. K.S.A. 76-1409 is hereby amended to read as follows: 76-
1409. The object of the Parsons state hospital and training center shall
be to examine, treat, educate, train and rehabilitate the persons admitted
and retained so as to make such persons more comfortable, happy , and
better fitted to care for and support themselves. To this end The
secretary shall provide such examination, treatment, education ( ,
including academic and vocational ), training and rehabilitation
facilities as he or she the secretary shall deem necessary and advisable.
Sec. 25. K.S.A. 76-1409a is hereby amended to read as follows:
76-1409a. The superintendent of Parsons state hospital and training
center shall remit all moneys received by or for the superintendent from
charges made under K.S.A. 59-2006, and amendments thereto, and
other operations of such institution to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the
entire amount in the state treasury to the credit of the Parsons state
hospital and training center fee fund. All expenditures from such fund
shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers
approved by such superintendent or by a person or persons designated
by the superintendent.
Sec. 26. K.S.A. 2024 Supp. 76-1936 is hereby amended to read as
follows: 76-1936. (a) The commissioner of community services and
programs of the Kansas department for aging and disability services,
with the approval of the secretary for aging and disability services and
the director of the Kansas office of veterans services, may transfer
patients in the state hospitals at Osawatomie and, Larned and patients
in the Rainbow mental health facility , Wichita and the Parsons state
hospital and training center who have served in the military or naval
forces of the United States or whose husband, wife, father, son or
daughter has served in the active military or naval service of the United
States during any period of any war as defined in K.S.A. 76-1908, and
amendments thereto, and who was discharged or relieved therefrom
under conditions other than dishonorable, to the Kansas soldiers' home.
No patient who is such a mentally ill person, as defined in K.S.A. 59-
2946, and amendments thereto, in the opinion of the commissioner of
state hospitals, that because of such patient's illness such patient is
likely to injure themselves or others, shall be transferred to such Kansas
soldiers' home, and no such patient shall be transferred if such transfer
will deny admission to persons entitled to admission under K.S.A. 76-
1908, and amendments thereto, and rules and regulations promulgated
adopted thereunder. Persons transferred shall not be considered as
members of the Kansas soldiers' home but shall be considered as
patients therein.
(b) All of the laws, rules and regulations relating to patients in
state hospitals and mental health facility specified in subsection (a)
shall be applicable to such patients transferred under subsection (a).
Any patient transferred who is found to be or shall become such a
mentally ill person, as defined in K.S.A. 59-2946, and amendments
thereto, in the opinion of the commissioner of state hospitals, that
HOUSE BILL No. 2249—page 30
because of such patient's illness such patient is likely to injure
themselves or others or who is determined to need additional
psychiatric treatment, shall be retransferred by the superintendent of the
Kansas soldiers' home, with the approval of the commissioner of state
hospitals and the director of the Kansas office of veterans services, to
the institution from whence the patient was originally transferred.
Sec. 27. K.S.A. 2024 Supp. 76-1958 is hereby amended to read as
follows: 76-1958. (a) The commissioner of state hospitals of the Kansas
department for aging and disability services, with the approval of the
secretary for aging and disability services and the director of the
Kansas office of veterans services, may transfer patients in the state
hospitals in Topeka, Osawatomie and , Larned and patients in the
Rainbow mental health facility, Wichita and the Parsons state hospital
and training center and the Winfield state hospital and training center
who have served in the military or naval forces of the United States or
whose husband, wife, father, son or daughter has served in the active
military or naval service of the United States during any period of any
war as defined in K.S.A. 76-1954, and amendments thereto, and was
discharged or relieved therefrom under conditions other than
dishonorable, to the Kansas veterans' home. No patient who is such a
mentally ill person, as defined in K.S.A. 59-2946, and amendments
thereto, in the opinion of the commissioner of state hospitals, that
because of such patient's illness such patient is likely to injure oneself
or others shall be so transferred to such Kansas veterans' home, and no
such patient shall be so transferred if such transfer will deny admission
to persons entitled to admission under K.S.A. 76-1954, and
amendments thereto, and rules and regulations promulgated adopted
thereunder. Persons transferred shall not be considered as members of
the Kansas veterans' home but shall be considered as patients.
(b) All of the laws, rules and regulations relating to patients in the
above-specified state hospitals and mental health facilities shall be
applicable to such patients so transferred insofar as the same can be
made applicable. Any patient so transferred who is found to be or shall
become such a mentally ill person, as defined in K.S.A. 59-2946, and
amendments thereto, in the opinion of the commissioner of state
hospitals, that because of such patient's illness such patient is likely to
injure oneself or others or who is determined to need additional
psychiatric treatment, shall be retransferred by the superintendent of the
Kansas veterans' home, with the approval of the commissioner of
mental health and developmental disabilities and the director of the
Kansas office of veterans services, to the institution from which the
patient was originally transferred.
HOUSE BILL No. 2249—page 31
Sec. 28. K.S.A. 21-5413, 39-1602, 39-1613, 40-3401, 41-1126,
65-4921, 65-5601, 75-3099, 75-3373, 76-384, 76-12a01, 76-12a31, 76-
1407, 76-1409 and 76-1409a and K.S.A. 2024 Supp. 39-1401, 59-
2006b, 59-2946, 59-29b46, 59-29b54, 59-29b57, 59-3077, 74-3292,
76-1936 and 76-1958 are hereby repealed.
Sec. 29. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body

HOUSE adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.
APPROVED

Governor.