Statute 65-5602: Privilege of patient of treatment facility to prevent
disclosure of treatment and of confidential communications; extent of
privilege; persons who may claim privilege; persons to which confidential
communications extend.
(a) A patient of a treatment facility has a privilege to
prevent treatment personnel or ancillary personnel from disclosing that the
patient has been or is
currently receiving treatment or from disclosing any confidential
communications made for the purposes of diagnosis or treatment of the
patient's mental, alcoholic, drug dependency or emotional condition.
The privilege extends to individual, family or
group therapy under the direction of the treatment personnel and includes
members of the patient's family. The privilege may be claimed by the
patient, by the patient's guardian or conservator or by the personal
representative of a deceased patient. The treatment personnel shall claim the
privilege on behalf of the patient unless the patient has made a written
waiver of the privilege and provided the treatment personnel with a copy of
such waiver or unless one of the exceptions provided by
K.S.A.
65-5603 is applicable.
(b) Confidential communications shall extend to those persons present to
further the interests of the patient in the consultation, examination or
interview; ancillary personnel;
persons who are participating in the diagnosis and treatment
under the direction of the treatment personnel, including members of the
patient's family; and any other persons who the patient reasonably believes
needs the communication to assist in the patient's diagnosis or treatment.
History: L. 1986, ch. 212, § 2; July 1.