Kansas Statutes 59-3093. Confidentiality of medical records and other reports; penalty
(a) The court at any time, upon the request of any party or upon the court’s own motion, may issue a written order directing that any medical or treatment records, evaluations or investigative reports filed with the court, attached to any pleading, produced in response to any order issued by the court, or introduced in evidence, shall be separately maintained in a confidential manner, to be disclosed only:
(1) Upon the written consent or request of the proposed ward or proposed conservatee, if no guardian or conservator is appointed by the court;
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 1 month | up to $500 |
Terms Used In Kansas Statutes 59-3093
- Conservatee: means a person who has a conservator. See Kansas Statutes 77-201
- Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
- Proposed conservatee: means a person for whom a petition for the appointment of a conservator pursuant to Kan. See Kansas Statutes 77-201
- Proposed ward: means a person for whom a petition for the appointment of a guardian pursuant to Kan. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Ward: means a person who has a guardian. See Kansas Statutes 77-201
(2) upon the written consent of the guardian or conservator;
(3) upon the written consent of the former ward or former conservatee, if restored to capacity pursuant to Kan. Stat. Ann. § 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been made by the court that such records or reports are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study, but the court shall require, before such disclosure is made, a pledge from that state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information; or
(6) in proceedings under this act, upon the written request of any attorney representing any party.
(b) To the extent the provisions of Kan. Stat. Ann. §§ 65-5601 through 65-5605, or Kan. Stat. Ann. §§ 59-2979 or 59-29b79, and amendments thereto, are applicable to medical or treatment records of any patient or former patient who may be the subject of proceedings under this act, the provisions of Kan. Stat. Ann. §§ 65-5601 through 65-5605 or Kan. Stat. Ann. §§ 59-2979 or 59-29b79, and amendments thereto, as applicable, shall control the disposition of information contained in such records. Willful violation of this section is a class C misdemeanor.