Article 29c, Crisis Intervention
Current through end of 2017 legislative session
59-29c01 Crisis intervention act.
59-29c02 Definitions.
59-29c03 Effect of detention.
59-29c04 Voluntary patients of crisis interventions centers.
59-29c05 Law enforcement; transport to crisis intervention center.
59-29c06 Admission to crisis intervention center.
59-29c07 Crisis intervention center powers.
59-29c08 Evaluation of mentally ill.
59-29c09 Duties of head of crisis intervention center.
59-29c10 Medications.
59-29c11 Restrains or seclusion prohibited; exceptions.
59-29c12 Patients rights.
59-29c13 Records privileged.
59-29c14 Immunity from liability.
59-29c01. Crisis intervention act.
The provisions of sections 1 through 14, and amendments thereto, shall be known and may be cited as the crisis intervention act.
History: L. 2017, ch. 77, § 1; July 1.
When used in the crisis intervention act:
(a) ‘‘Behavioral health professional’’ includes a physician, physician assistant, psychologist, qualified mental health professional or licensed addiction counselor.
(b) ‘‘Head of a crisis intervention center’’ means the administrative director of a crisis intervention center or a behavioral health professional designated by such person.
(c) ‘‘Law enforcement officer’’ shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto.
(d) ‘‘Licensed addiction counselor’’ shall have the meaning ascribed to it in K.S.A. 59-29b46(d), (e) or (f), and amendments thereto.
(e) ‘‘Crisis intervention center’’ means any entity licensed by the Kansas department for aging and disability services that is open 24 hours a day, 365 days a year, equipped to serve voluntary and involuntary individuals in crisis due to mental illness, substance abuse or a co-occurring condition, and that uses certified peer specialists.
(f) ‘‘Crisis intervention center service area’’ means the counties to which the crisis intervention center has agreed to provide service.
(g) ‘‘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 such hospital or agency.
(h) ‘‘Psychologist’’ means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.
(i) ‘‘Qualified mental health professional’’ shall have the meaning ascribed to it in K.S.A. 59-2946(j), and amendments thereto.
(j) ‘‘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; and 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.
(k) ‘‘Domestic partner’’ means a person with whom another person maintains a household and an intimate relationship, other than a person to whom such person is legally married.
(l) ‘‘Physician assistant’’ means a person licensed to practice medicine and surgery as a physician assistant by the state board of healing arts.
History: L. 2017, ch. 77, § 2; July 1.
59-29c03. Effect of detention.
(a) The fact that a person has been detained for emergency observation and treatment under this act shall not be construed to mean that such person shall have lost any civil right such person would otherwise have as a resident or citizen, any property right or legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable policies which the head of a crisis intervention center may, for good cause shown, find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus. No judicial action taken as part of the procedure provided in section 8(c), and amendments thereto, shall constitute a finding by the court.
(b) There shall be no implication or presumption that a patient within the terms of this act is, for that reason alone, a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3097, and amendments thereto.
History: L. 2017, ch. 77, § 3; July 1.
59-29c04. Voluntary patients of crisis interventions centers.
Nothing in this act shall be construed to prohibit a person with capacity to do so from making an application for admission as a voluntary patient to a crisis intervention center. Any person desiring to do so shall be afforded an opportunity to consult with such person’s attorney prior to making any such application. If the head of the crisis intervention center accepts the application and admits the person as a voluntary patient, then the head of the crisis intervention center shall notify, in writing, the person’s legal guardian, if known.
History: L. 2017, ch. 77, § 4; July 1.
59-29c05. Law enforcement; transport to crisis intervention center.
Any law enforcement officer who takes a person into custody pursuant to K.S.A. 59-2953 or 59-29b53, and amendments thereto, may transport such person to a crisis intervention center if the officer is in a crisis intervention center service area. The crisis intervention center shall not refuse to accept any person for evaluation if such person is brought to the crisis intervention center by a law enforcement officer and such officer’s jurisdiction is in the crisis intervention center’s service area. If a law enforcement officer is not in a crisis intervention center service area or chooses not to transport the person to a crisis intervention center, then the officer shall follow the procedures set forth in the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto.
History: L. 2017, ch. 77, § 5; July 1.
59-29c06. Admission to crisis intervention center.
(a) A crisis intervention center may admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of a law enforcement officer.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept in the regular course of business with the law enforcement agency, and a copy shall be provided to the crisis intervention center and to the patient. 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, domestic partner or nearest relative, if known;
(3) the applicant’s belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2946, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, 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) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History: L. 2017, ch. 77, § 6; July 1.
59-29c07. Crisis intervention center powers.
(a) A crisis intervention center may evaluate, admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of any adult.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept by the applicant, and a copy shall be provided to the crisis intervention center and to the patient. 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, domestic partner or nearest relative, if known;
(3) the applicant’s belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2956, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, 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 presented to the crisis intervention center;
(5) any known pending criminal charges;
(6) any known prior psychiatric, medical or substance use history; and
(7) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History: L. 2017, ch. 77, § 7; July 1.
59-29c08. Evaluation of mentally ill.
(a) The head of the crisis intervention center shall evaluate a person admitted pursuant to this act within four hours of admission to determine whether the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, a person with an alcohol and substance abuse problem subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if allowed to remain at liberty. The head of the crisis intervention center shall inquire whether the person has a wellness recovery action plan or psychiatric advance directive.
(b) A behavioral health professional shall evaluate a person admitted pursuant to this act not later than 23 hours after admission and again not later than 48 hours after admission to determine if the person continues to meet the criteria described in subsection (a). The 23-hour evaluation must be performed by a different behavioral health professional from the one who conducted the initial evaluation under subsection (a).
(c) Not later than 48 hours after admission, if the head of the crisis intervention center determines that the person continues to meet the criteria described in subsection (a), then the head of the crisis intervention center shall file an affidavit to that effect for review by the district court in the county where the crisis intervention center is located. The affidavit shall include or be accompanied by the written application for emergency observation and treatment, information about the person’s original admission to the crisis intervention center, the care and treatment provided to the person, and the factual circumstances in support of the evaluating professional’s opinion that the person meets the criteria described in subsection (a). After reviewing the affidavit and any accompanying documentation, the court shall order the release of the person or order that the person may continue to be detained and treated at the crisis intervention center, subject to subsections (d) and (e).
(d) The head of the crisis intervention center shall discharge a person admitted pursuant to this act at any time the person no longer meets the criteria described in subsection (a) and, except as provided in subsection
(e), not later than 72 hours after admission. Upon discharge, the crisis intervention center shall make reasonable accommodations for the person’s transportation.
(e) Not later than 72 hours after admission, if the head of the crisis intervention center determines that a person admitted pursuant to this act continues to meet the criteria described in subsection (a), then the head of the crisis intervention center shall immediately file the petition provided for in K.S.A. 59-2957, and amendments thereto, or K.S.A. 59-29b57, and amendments thereto, and shall find appropriate placement for the individual, including, but not limited to, community hospitals equipped to take involuntary commitments or the designated state hospital. If the 72-hour period ends after 5 p.m., then the petition must be filed by the close of business of the first day thereafter that the district court is open for the transaction of business.
History: L. 2017, ch. 77, § 8; July 1.
59-29c09. Duties of head of crisis intervention center.
(a) Whenever any person is involuntarily admitted to or detained at a crisis intervention center pursuant to this act, the head of the crisis intervention center shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person’s legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner, or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the crisis intervention center shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person’s involuntary admission including a copy of the documentation authorizing the involuntary admission to that person’s attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient’s admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605, and amendments thereto, the head of the crisis intervention center also shall provide notice to the patient’s immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient’s admission; and
(3) immediately advise the person in custody of such person’s rights provided for in section 14, and amendments thereto.
(b) ‘‘Immediate family’’ means the spouse, domestic partner, adult children or children, parent or parents, and sibling or siblings, or any combination thereof.
History: L. 2017, ch. 77, § 9; July 1.
(a) Medications and other treatments shall be prescribed, ordered and administered only in conformity with accepted clinical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient’s medical records and subsequently signed by the physician. The attending physician shall review regularly the drug regimen of each patient under the physician’s care and shall monitor any symptoms or harmful side effects. Prescriptions for psychotropic medications shall be written with a termination date not exceeding 30 days thereafter, but may be renewed.
(b) During the course of treatment, the responsible physician or psychologist or such person’s designee shall reasonably consult with the patient or the patient’s legal guardian and give consideration to the views the patient or legal guardian expresses concerning treatment and any alternatives, including views expressed in any wellness recovery action plan or psychiatric advance directive. No medication or other treatment may be administered to any voluntary patient without the patient’s consent or the consent of such patient’s legal guardian.
(c) Consent for medical or surgical treatments not intended primarily to treat a patient’s mental disorder shall be obtained in accordance with applicable law.
(d) Whenever a patient receiving treatment pursuant to this act objects to taking any medication prescribed for psychiatric treatment, and after full explanation of the benefits and risks of such medication such objection continues, the medication may be administered over the patient’s objection. Such objection shall be recorded in the patient’s medical record.
(e) In no case shall experimental medication be administered without the patient’s consent, which consent shall be obtained in accordance with section 12(a)(6), and amendments thereto.
History: L. 2017, ch. 77, § 10; July 1.
59-29c11. Restrains or seclusion prohibited; exceptions.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the crisis intervention center or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraints or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraints or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a crisis intervention center shall not exceed three hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient’s condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the crisis intervention center or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding two hours without review and approval thereof by the head of the crisis intervention center or a physician or psychologist:
(1) The use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(2) the use of restraints when needed primarily for examination or treatment or to ensure the healing process; or
(3) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in treatment or has become disruptive of a treatment process.
(c) As used in this section:
(1) ‘‘Restraints’’ means the application of any device, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others; and
(2) ‘‘seclusion’’ means the placement of a patient, alone, in a room, where the patient’s freedom to leave is restricted and where the patient is not under continuous observation.
History: L. 2017, ch. 77, § 11; July 1.
(a) Every patient being treated in any crisis intervention center, in addition to all other rights preserved by the provisions of the crisis intervention act, shall have the following rights:
(1) To wear the patient’s own clothes, keep and use the patient’s own personal possessions, including toilet articles, and keep and be allowed to spend the patient’s own money;
(2) to communicate by all reasonable means with a reasonable number of persons at reasonable hours of the day and night, including both to make and receive confidential telephone calls and by letter, both to mail and receive unopened correspondence, except that if the head of the crisis intervention center denies a patient’s right to mail or to receive unopened correspondence under the provisions of subsection (b), such correspondence shall be opened and examined in the presence of the patient;
(3) conjugal visits, if facilities are available for such visits;
(4) to receive visitors in reasonable numbers and at reasonable times each day;
(5) to refuse involuntary labor other than the housekeeping of the patient’s own bedroom and bathroom, provided that nothing herein shall be construed to prohibit a patient from performing labor as part of a therapeutic program to which the patient has given their written consent and for which the patient receives reasonable compensation;
(6) not to be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the patient;
(7) to have explained the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatment ordered;
(8) to communicate by letter with the secretary for aging and disability services, the head of the crisis intervention center and any court, attorney, physician, psychologist, qualified mental health professional, licensed addiction counselor or minister of religion, including a Christian Science practitioner. All such communications shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the patient without examination;
(9) to contact and consult privately with the patient’s physician, psychologist, qualified mental health professional, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time;
(10) to be visited by the patient’s physician, psychologist, qualified mental health professional, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time;
(11) to be informed orally and in writing of such patient’s rights under this section upon admission to a crisis intervention center; and
(12) to be treated humanely, consistent with generally accepted ethics and practices.
(b) The head of the crisis intervention center may, for good cause only, restrict a patient’s rights under this section, except that the rights enumerated in subsection (a)(5) through (12), and the right to mail any correspondence that does not violate postal regulations, shall not be restricted by the head of the crisis intervention center under any circumstances. Each crisis intervention center shall adopt policies governing the conduct of all patients being treated in such crisis intervention center, which regulations shall be consistent with the provisions of this section. A statement explaining the reasons for any restriction of a patient’s rights shall be immediately entered on such patient’s medical record and copies of such statement shall be made available to the patient, and to the patient’s attorney. In addition, notice of any restriction of a patient’s rights shall be communicated to the patient in a timely manner.
(c) Any person willfully depriving any patient of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b) or in accordance with a properly obtained court order, shall be guilty of a class C misdemeanor.
History: L. 2017, ch. 77, § 12; July 1.
Any district court records and any treatment records or medical records of any person who has been admitted to a crisis intervention center pursuant to this act that are in the possession of any district court or crisis intervention center treatment facility shall be privileged and shall be not disclosed except as provided under K.S.A. 59-2979, and amendments thereto.
History: L. 2017, ch. 77, § 13; July 1.
59-29c14. Immunity from liability.
Any person or law enforcement agency, governing body, crisis intervention center, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to the crisis intervention act. Any person who, for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in the crisis intervention act, shall be guilty of a class A misdemeanor.
History: L. 2017, ch. 77, § 14; July 1.