(1) For the care and treatment of individuals in public and private treatment facilities as defined herein;
(2) for the construction, maintenance and operation of public and private treatment facilities as defined herein, which will promote safe and adequate treatment of such individuals in alcohol or other drug treatment facilities.
History: L. 1972, ch. 241, § 1; L. 1982, ch. 268, § 1; L. 2007, ch. 95, § 1; July 1.
History: L. 1972, ch. 241, § 2; Repealed, L. 2007, ch. 95, § 17; July 1.
History: L. 1972, ch. 241, § 3; L. 1975, ch. 330, § 1; L. 1976, ch. 279, § 4; L. 1976, ch. 151, § 8; L. 1978, ch. 256, § 1; L. 1981, ch. 353, § 8; L. 1982, ch. 268, § 3; L. 1984, ch. 242, § 1; L. 1986, ch. 299, § 11; L. 1996, ch. 235, § 6; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1975, ch. 330, §§ 2 to 4; Repealed, L. 1978, ch. 256, § 7; July 1.
History: L. 1972, ch. 241, § 3; L. 1975, ch. 330, § 1; L. 1976, ch. 279, § 4; L. 1976, ch. 151, § 8; L. 1978, ch. 256, § 1; L. 1981, ch. 353, § 8; L. 1982, ch. 268, § 3; L. 1984, ch. 241, § 1; Repealed, L. 1986, ch. 299, § 44; June 1.
History: L. 1972, ch. 241, § 4; L. 1974, ch. 348, § 32; L. 1975, ch. 330, § 5; L. 1978, ch. 256, § 2; Repealed, L. 1981, ch. 353, § 11; July 1.
History: L. 1972, ch. 241, § 5; L. 1975, ch. 330, § 6; L. 1978, ch. 256, § 3; Repealed, L. 1981, ch. 353, § 11; July 1.
(1) Plan for, establish, amend, and revise standards for treatment programs as necessary or desirable;
(2) make contracts necessary or incidental to the performance of the secretary's duties and the execution of the secretary's powers;
(3) solicit and accept for use any gift of money or property, real or personal, made by will or otherwise, and any grant of money, services or property from the federal government, the state or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(4) administer or supervise the administration of the provisions relating to persons with alcohol or other drug addiction of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation;
(5) coordinate its activities and cooperate with treatment facilities for alcohol or other drug addiction programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states for the treatment of persons with alcohol or other drug addiction and for the common advancement of treatment facilities;
(6) keep records, gather relevant statistics and make and disseminate analysis of same;
(7) do other acts and things necessary to execute the authority expressly granted to the secretary.
History: L. 1972, ch. 241, § 6; L. 1975, ch. 330, § 7; L. 2007, ch. 95, § 3; July 1.
(1) Develop, encourage and foster statewide, regional and local plans and programs for the prevention and treatment of persons with alcohol or other drug addiction in cooperation with public and private agencies, organizations and individuals and provide technical assistance and consultation services for these purposes;
(2) coordinate the efforts and enlist the assistance of all interested public and private agencies, organizations and individuals in the prevention and treatment of persons with alcohol and other drug addiction;
(3) cooperate with the secretary of corrections and the Kansas adult authority in establishing and conducting programs to provide treatment for persons with alcohol or other drug addiction in or on parole from penal institutions;
(4) cooperate with the department of education, boards of education, schools, police departments, courts and other public and private agencies, organizations and individuals in establishing programs for the prevention and treatment of persons with alcohol and other drug addiction and preparing curriculum materials thereon for use at all levels of education;
(5) prepare, publish, evaluate and disseminate educational material dealing with the nature and effects of alcohol or other drug addiction;
(6) develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of persons with alcohol or other drug addiction, which program shall include the dissemination of information concerning the nature and effects of alcohol or other drugs;
(7) organize and foster training programs for all persons engaged in treatment of persons with alcohol or other drug addiction;
(8) sponsor and encourage research into the causes and nature of addiction and the treatment of persons with alcohol or other drug addiction and serve as a clearing house for information relating to alcohol or other drug addiction;
(9) specify uniform methods for keeping statistical information by public and private agencies, organizations and individuals and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission and frequency, duration and nature of treatment;
(10) advise the governor in the preparation of a comprehensive plan for treatment of persons with alcohol or other drug addiction for inclusion in the state's comprehensive health plan;
(11) review all state health, welfare and treatment plans to be submitted for federal funding under federal legislation and advise the governor on provisions to be included relating to addiction and treatment of persons with alcohol or other drug addiction;
(12) assist in the development of, and cooperate with, alcohol and drug addiction education and treatment programs for employees of state and local governments and businesses and industries in the state;
(13) utilize the support and assistance of interested persons in the community, to encourage persons in alcohol or other drug addiction voluntarily to undergo treatment;
(14) cooperate with the superintendent of the Kansas highway patrol and secretary of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while under the influence of alcohol or other drugs;
(15) encourage medical care facilities to admit, without discrimination, persons under the influence of alcohol or other drugs and to provide them with adequate and appropriate treatment within their capabilities;
(16) encourage all health and disability insurance programs to include addiction to alcohol or other drugs as a covered illness; and
(17) submit to the governor and the legislature an annual report covering the activities of the Kansas citizens' committee on alcohol and other drug abuse.
(b) The secretary is the state agency responsible for the prevention and treatment of alcohol or other drug addiction for the state of Kansas and may accept and disburse any moneys available from the federal government for such purpose, in accordance with appropriation acts of this state.
History: L. 1972, ch. 241, § 7; L. 1975, ch. 330, § 8; L. 1975, ch. 427, § 67; L. 1978, ch. 256, § 4; L. 1981, ch. 353, § 9; L. 2007, ch. 95, § 4; July 1.
History: L. 1972, ch. 241, § 8; Repealed, L. 1975, ch. 330, § 27; July 1.
History: L. 1972, ch. 241, § 9; L. 1974, ch. 403, § 1; Repealed, L. 1975, ch. 330, § 27; July 1.
History: L. 1972, ch. 241, § 10; L. 1974, ch. 348, § 33; L. 1975, ch. 416, § 7; Repealed, L. 1975, ch. 331, § 1; L. 1975, ch. 330, § 27; July 1.
(b) The plan of the secretary shall include:
(1) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment;
(4) outpatient and after care treatment; and
(5) prevention education and training.
(c) The secretary shall prepare, publish and distribute annually a list of all public and private treatment facilities.
History: L. 1972, ch. 241, § 11; L. 1975, ch. 330, § 9; L. 1982, ch. 268, § 4; L. 2007, ch. 95, § 5; July 1.
(b) Violation of this section is a class C misdemeanor.
History: L. 1972, ch. 241, § 12; L. 1996, ch. 235, § 7; L. 2007, ch. 95, § 6; July 1.
(b) The secretary of health and environment may adopt rules and regulations with regard to the health standards which must be maintained by treatment facilities and may enforce such rules and regulations in accordance with the authority granted the secretary of health and environment under K.S.A. 65-425 et seq. and amendments thereto. If the rules and regulations of the secretary of health and environment establish such standards, an application under this section shall be accompanied by certification from the secretary of health and environment that the applicant has met the requirements established by such rules and regulations.
History: L. 1972, ch. 241, § 13; L. 1975, ch. 330, § 10; L. 1976, ch. 280, § 24; L. 1976, ch. 279, § 1; L. 1979, ch. 191, § 16; L. 1985, ch. 208, § 6; L. 1987, ch. 243, § 1; L. 1996, ch. 235, § 8; L. 2007, ch. 95, § 7; July 1.
(b) The secretary may renew a license at the end of one, two or three years depending upon a facility's level of compliance with the rules and regulations adopted by the secretary pursuant to K.S.A. 65-4016 and amendments thereto.
History: L. 1972, ch. 241, § 14; L. 1975, ch. 330, § 11; L. 1987, ch. 243, § 2; L. 1996, ch. 235, § 9; L. 2007, ch. 95, § 8; July 1.
Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
Any action of the secretary under this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1972, ch. 241, § 15; L. 1975, ch. 330, § 12; L. 1986, ch. 318, § 108; L. 1988, ch. 356, § 212; L. 1996, ch. 235, § 10; Oct. 1.
History: L. 1972, ch. 241, § 16; L. 1975, ch. 330, § 13; L. 1976, ch. 279, § 2; L. 1992, ch. 184, § 6; L. 1994, ch. 14, § 1; L. 1996, ch. 235, § 11; Oct. 1.
History: L. 1972, ch. 241, § 17; L. 1996, ch. 235, § 12; Oct. 1.
History: L. 1972, ch. 241, § 18; L. 1975, ch. 330, § 14; L. 1987, ch. 243, § 3; L. 1996, ch. 235, § 13; Oct. 1.
History: L. 1972, ch. 241, § 19; L. 1975, ch. 330, § 15; July 1.
History: L. 1972, ch. 241, § 20; L. 1975, ch. 330, § 16; Repealed, L. 2007, ch. 95, § 17; July 1.
History: L. 1972, ch. 241, § 21; Repealed, L. 1975, ch. 330, § 27; July 1.
History: L. 1972, ch. 241, § 22; Repealed, L. 2007, ch. 95, § 17; July 1.
History: L. 1972, ch. 241, § 23; L. 1975, ch. 330, § 17; L. 1976, ch. 279, § 3; L. 2007, ch. 95, § 10; July 1.
(1) If possible a person shall be treated on a voluntary rather than an involuntary basis.
(2) A person shall be assessed to determine the appropriateness of the treatment and shall receive treatment in the least restrictive treatment environment possible.
(3) A person shall not be denied treatment solely because such person has withdrawn from treatment against medical advice on a prior occasion or because such person has relapsed after earlier treatment.
(4) An individualized treatment plan shall be prepared and maintained on a current basis for each person.
(5) Provisions shall be made for a continuum of coordinated treatment services, so a person who leaves a facility or a form of treatment will have available other appropriate treatment.
History: L. 1972, ch. 241, § 24; L. 1975, ch. 330, § 18; L. 1996, ch. 235, § 14; L. 2007, ch. 95, § 12; July 1.
(a) "Act" means the alcohol or other drug addiction treatment act;
(b) "Alcohol or other drug addiction" means a pattern of substance use, leading to significant impairment or distress, manifested by three or more of the following occurring at any time in the same 12-month period:
(1) Tolerance, defined as: (A) A need for markedly increased amounts of the substance to achieve intoxication or desired effect or (B) a markedly diminished effect with continued use of the same amount of substance;
(2) withdrawal, as manifested by either of the following: (A) The characteristic withdrawal syndrome for the substance or (B) the same or a closely related substance is taken to relieve or avoid withdrawal symptoms;
(3) the substance is often taken in larger amounts or over a longer period than was intended;
(4) there is a persistent desire or unsuccessful efforts to cut down or control substance use;
(5) a great deal of time is spent in activities necessary to obtain the substance, use the substance or recover from its effects;
(6) important social, occupational or recreational activities are given up or reduced because of substance use;
(7) the substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance.
(c) "Care or treatment" means such necessary services as are in the best interests of the physical and mental health of the patient.
(d) "Committee" means the Kansas citizens committee on alcohol and other drug abuse.
(e) "Counselor" means an individual whose education, experience and training has been evaluated and approved by the department of social and rehabilitation services to provide the scope of practice afforded to an alcohol and drug credentialed counselor or counselor assistant working in a licensed, certified alcohol and drug treatment program.
(f) "Department" means the department of social and rehabilitation services.
(g) "Designated state funded assessment center" or "assessment center" means a treatment facility designated by the secretary.
(h) "Discharge" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(i) "Government unit" means any county, municipality or other political subdivision of the state; or any department, division, board or other agency of any of the foregoing.
(j) "Head of the treatment facility" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(k) "Incapacitated by alcohol" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(l) "Intoxicated individual" means an individual who is under the influence of alcohol or drugs or both.
(m) "Law enforcement officer" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(n) "Patient" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(o) "Private treatment facility" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(p) "Public treatment facility" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(q) "Treatment" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(r) "Treatment facility" shall have the meaning ascribed to it in K.S.A. 59-29b46 and amendments thereto.
(s) "Secretary" means the secretary of social and rehabilitation services.
History: L. 2007, ch. 95, § 2; July 1.
History: L. 2007, ch. 95, § 9; July 1.
(b) Each license issued by the secretary under K.S.A. 65-4603, prior to that statute's repeal on the effective date of this act, shall continue to be effective as a license for the treatment facility for which it was issued and for the license period for which it was issued, shall be subject to being suspended or revoked in accordance with the provisions of this act, and may be renewed in accordance with the provisions of this act.
(c) For the period commencing on July 1, 1998, and ending on the effective date of this act, any action taken by the secretary of the department of social and rehabilitation services in the performance of any duty assigned to the secretary by K.S.A. 65-4001, 65-4002, 65-4006, 65-4007, 65-4011 through 65-4020 and 65-4022 through 65-4024, and amendments thereto, shall be deemed to have been authorized and done in compliance with the provisions of such statutes in existence at the time of the performance of such duty and the performance of such duty is hereby validated.
History: L. 2007, ch. 95, § 14; July 1.
History: L. 2007, ch. 95, § 13; L. 2007, ch. 195, § 1; July 1.
History: L. 1972, ch. 241, § 25; L. 1975, ch. 330, § 19; L. 1982, ch. 268, § 5; L. 1984, ch. 242, § 2; L. 1996, ch. 235, § 15; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 26; L. 1982, ch. 268, § 6; L. 1996, ch. 235, § 16; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 27; L. 1976, ch. 145, § 216; L. 1982, ch. 268, § 7; L. 1984, ch. 242, § 3; L. 1996, ch. 235, § 17; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 28; L. 1976, ch. 145, § 217; L. 1982, ch. 268, § 8; L. 1984, ch. 242, § 4; L. 1996, ch. 235, § 18; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 29; L. 1982, ch. 268, § 20; Repealed, L. 1984, ch. 242, § 17; July 1.
History: L. 1972, ch. 241, § 30; L. 1976, ch. 145, § 218; L. 1982, ch. 268, § 21; L. 1984, ch. 242, § 5; L. 1996, ch. 235, § 19; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 31; L. 1976, ch. 145, § 219; L. 1982, ch. 268, § 9; L. 1984, ch. 242, § 6; L. 1996, ch. 235, § 20; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 32; L. 1976, ch. 145, § 220; L. 1977, ch. 105, § 20; L. 1984, ch. 242, § 7; L. 1996, ch. 235, § 21; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 33; L. 1976, ch. 145, § 221; L. 1982, ch. 268, § 10; L. 1984, ch. 242, § 8; L. 1996, ch. 235, § 22; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 34; L. 1976, ch. 145, § 222; L. 1984, ch. 242, § 9; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 35; L. 1980, ch. 182, § 29; L. 1982, ch. 268, § 22; L. 1984, ch. 242, § 10; L. 1996, ch. 235, § 23; Repealed, L. 1998, ch. 147, § 1; July 1.
History: L. 1972, ch. 241, §§ 36, 37; L. 1982, ch. 268, §§ 11, 12; L. 1984, ch. 242, §§ 11, 12; L. 1996, ch. 235, §§ 24, 25; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 38; L. 1975, ch. 330, § 20; L. 1982, ch. 268, § 23; L. 1996, ch. 235, § 26; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 39; L. 1982, ch. 268, § 13; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 40; L. 1982, ch. 268, § 14; L. 1996, ch. 235, § 27; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 41; L. 1976, ch. 145, § 223; L. 1978, ch. 105, § 21; L. 1982, ch. 239, § 2; L. 1982, ch. 268, § 24; L. 1984, ch. 242, § 13; L. 1996, ch. 235, § 28; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 42; L. 1976, ch. 145, § 224; L. 1982, ch. 268, § 15; L. 1984, ch. 242, § 14; L. 1996, ch. 235, § 29; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 43; L. 1975, ch. 330, § 21; L. 1982, ch. 268, § 16; L. 1995, ch. 234, § 16; L. 1996, ch. 235, § 30; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 44; L. 1976, ch. 145, § 225; L. 1982, ch. 268, § 25; L. 1996, ch. 235, § 31; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 45; L. 1982, ch. 268, § 17; L. 1996, ch. 235, § 32; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 46; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 47; L. 1982, ch. 268, § 26; L. 1984, ch. 242, § 15; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 48; L. 1975, ch. 330, § 22; L. 1982, ch. 268, § 27; L. 1996, ch. 235, § 33; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 49; L. 1982, ch. 268, § 28; L. 1996, ch. 235, § 34; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 50; L. 1975, ch. 330, § 23; L. 1976, ch. 145, § 226; L. 1978, ch. 256, § 5; L. 1981, ch. 353, § 10; L. 1982, ch. 268, § 18; L. 1996, ch. 235, § 35; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, §§ 51, 52; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 53; L. 1975, ch. 330, § 24; L. 1976, ch. 145, § 227; L. 1984, ch. 242, § 16; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 54; L. 1976, ch. 145, § 228; L. 1982, ch. 268, § 19; L. 1996, ch. 235, § 36; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 55; L. 1975, ch. 330, § 25; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1972, ch. 241, § 56; L. 1975, ch. 330, § 26; L. 1982, ch. 268, § 29; L. 1996, ch. 235, § 37; Repealed, L. 2007, ch. 95, § 17; July 1.
History: L. 1972, ch. 241, §§ 57, 58; Repealed, L. 1998, ch. 134, § 52; July 1.
History: L. 1977, ch. 211, § 1; July 1.
(b) If a petition signed by at least 5% of the qualified voters of a county is filed with the county election officer requesting an election on the question of whether a tax not to exceed one mill on all taxable tangible property within the county, but not to exceed that amount which shall generate annually revenue in excess of $50,000 shall be levied for the purpose of establishing a special alcohol and drug programs fund, the board of county commissioners of such county shall submit the proposition to the qualified voters of the county at an election thereon. The election shall be called and held in the manner provided by the general bond law. If such proposition is approved by a majority of such voters voting thereon, the board of county commissioners shall levy a tax for such purpose.
(c) All moneys received pursuant to this act shall be deposited in a special alcohol and drug programs fund which shall be under the direction and control of the board of county commissioners and shall be expended only for the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse, treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers and rehabilitation of the family of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers. In any county in which there has been organized an alcohol and drug advisory committee, the board of county commissioners shall request and obtain, prior to making any expenditures from the special alcohol and drug programs fund, the recommendations of the advisory committee concerning such expenditures. If there is more than one alcohol and drug advisory committee in the county, the board shall designate which advisory committee from which it shall seek recommendations. The board of county commissioners shall adopt the recommendations of the advisory committee concerning such expenditures unless the board, by majority vote of all commissioners, adopts a different plan for such expenditures.
History: L. 1984, ch. 95, § 1; L. 1990, ch. 66, § 44; May 31.