Kansas Statutes

Chapter 76: State Institutions And Agencies; Historical Property

Article 12a: Social And Rehabilitative Institutions

Statutes:

• 76-12a01: Definitions.
• 76-12a02: Superintendents; appointment; salary; acting superintendents.
• 76-12a03: Physicians; appointment; salary; assignments.
• 76-12a04: Staff personnel of mental health and developmental disabilities.
• 76-12a05: Employees of institutions; appointment; class of service.
• 76-12a06: Authority over and supervision of institutions.
• 76-12a07: Rules and regulations; operation of institutions; admissions.
• 76-12a08: Special projects; acceptance of grants; receipt and expenditure of moneys; personnel appointments; salaries.
• 76-12a08a:
• 76-12a09: Frequency of remittances.
• 76-12a10: Medical reports of patients or former patients of institutions; form of release; fees, approval; rules and regulations; disposition of fee moneys.
• 76-12a11: Definitions.
• 76-12a12: Operation of vehicles upon roads, streets, driveways and parking facilities; permits for parking.
• 76-12a13: Regulation of traffic and parking; fines; judicial review.
• 76-12a14: Application of city ordinances to streets and grounds; agreement with city; violations.
• 76-12a15: Parking fees; disposition of fees and fines; parking fee and fine fund.
• 76-12a16: Security police officers; employment; powers of peace, police and law enforcement; classified civil service; rules and regulations concerning badges.
• 76-12a17: Security police officers; training; certification.
• 76-12a18, 76-12a19:
• 76-12a20:
• 76-12a21:
• 76-12a22: Definitions.
• 76-12a23: Substance abuse programs at state institutions; establishment, administration, supervision, maintenance and operation thereof; rules and regulations.
• 76-12a24: Use of buildings and land for placement of persons in custody of secretary of corrections; supervision and security; agreements.
• 76-12a25: Key deposit funds; procedures; disposition of interest; post audit; rules and regulations.
• 76-12a26 to 76-12a29: Reserved.
• 76-12a30: Care and treatment of drug and alcohol abusers; definitions.
• 76-12a31: Same; admission to certain state institutions prohibited, exceptions; public and other licensed treatment facilities to provide care and treatment.
• 76-12a32: Same; secretary to develop programs to enlist by agreement, treatment facilities to provide care and treatment.
• 76-12a33: Same; rules and regulations governing transition from service in state institutions to facilities entering into agreements.
• 76-12a34: Same; transfer of individuals from state institutions to licensed facility, application to court; hearing and order.

• 76-12a01: Definitions. As used in this act, unless the context otherwise requires:

        (a)   "Secretary" means the secretary of social and rehabilitation services.

        (b)   "Institution" means the following institutions: Osawatomie state hospital, Rainbow mental health facility, Larned state hospital, Parsons state hospital and training center, and Kansas neurological institute.

        (c)   "Director" or "commissioner" means the commissioner of mental health and developmental disabilities.

        History:   L. 1973, ch. 369, § 1; L. 1974, ch. 416, § 1; L.1978, ch. 349, § 9; L. 1980, ch. 272, § 5; L. 1982, ch. 357, § 32; L. 1995, ch. 234, § 27; L. 1996, ch. 230, § 2; L. 1999, ch. 142, § 2; July 1.

• 76-12a02: Superintendents; appointment; salary; acting superintendents. The commissioner shall appoint the superintendent of each institution. Such superintendents shall be in the unclassified service of the Kansas civil service act. Any such superintendent may be removed at any time by the commissioner. Each superintendent shall receive an annual salary fixed by the commissioner, with the approval of the secretary and the state finance council. The commissioner may appoint an acting superintendent for any institution to serve temporarily until a vacancy is filled. Acting superintendents shall have the same powers, duties and functions as superintendents.

        History:   L. 1973, ch. 369, § 2; L. 1980, ch. 272, § 6; July 1.

• 76-12a03: Physicians; appointment; salary; assignments. The director shall appoint all of the physicians of all of the institutions. All such physicians shall be in the unclassified service of the Kansas civil service act, and shall receive annual salaries fixed by the director with the approval of the state finance council. The director shall make all assignments and reassignments of physicians to institutions. Any such physician may be removed at any time by the director.

        History:   L. 1973, ch. 369, § 3; July 1.

• 76-12a04: Staff personnel of mental health and developmental disabilities. The director shall appoint all staff and other personnel of the division of mental health and developmental disabilities who are not assigned to a particular institution. All such staff and other personnel shall be in the classified service of the Kansas civil service act, except as is otherwise provided by law for certain special project personnel and as provided in K.S.A. 75-2935 and amendments thereto or any other statute.

        History:   L. 1973, ch. 369, § 4; L. 1992, ch. 293, § 2; L. 1995, ch. 234, § 28; Jan. 1, 1996.

• 76-12a05: Employees of institutions; appointment; class of service. Employees of each institution, except physicians, shall be appointed by the superintendent of the institution. All employees so appointed shall be in the classified service of the Kansas civil service act, except patient help who shall be in the unclassified service of Kansas civil service act and as provided in K.S.A. 75-2935 and amendments thereto or any other statute. Special project employees shall be appointed and serve as provided in K.S.A. 76-12a08 and amendments thereto.

        History:   L. 1973, ch. 369, § 5; L. 1992, ch. 293, § 3; July 1.

• 76-12a06: Authority over and supervision of institutions. All jurisdiction, powers, functions and duties relating to institutions as defined in this act are conferred and imposed upon the secretary to be administered within the division of mental health and developmental disabilities under the supervision of the director as provided by this act.

        History:   L. 1973, ch. 369, § 6; L. 1995, ch. 234, § 29; Jan. 1, 1996.

• 76-12a07: Rules and regulations; operation of institutions; admissions. The secretary may adopt rules and regulations for the government, regulation and operation of institutions. The secretary may adopt rules and regulations relating to the assignment of all persons admitted to institutions.

        History:   L. 1973, ch. 369, § 7; July 1.

• 76-12a08: Special projects; acceptance of grants; receipt and expenditure of moneys; personnel appointments; salaries. (a) Whenever any money is granted or given by any person, firm, corporation or association, or by the United States or any department, instrumentality or agency thereof, to any institution, the state, the secretary or the division of mental health and developmental disabilities, which money is granted or given for a specific use or purpose, the secretary, the institution, the state or the division of mental health and developmental disabilities, may accept or reject any such grant or gift and may enter into contracts or agreements necessary or expedient to the acceptance or management of the grant or gift. Any grant or gift so accepted and the program therefor shall be known as a special project.

        (b)   The secretary and superintendent of each institution shall remit all moneys received by or for either of them, for any special project 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 other federal grants and assistance fund of the department of social and rehabilitation services.

        (c)   All persons having professional, technical or unusual qualifications employed for any special project, including the director of each special project, shall be appointed by the director (or the superintendent of the institution when so designated by the director) and shall be in the unclassified service of the Kansas civil service act and shall receive salaries fixed by the secretary and approved by the state finance council. Other special projects personnel shall be in the classified service of the Kansas civil service act.

        History:   L. 1973, ch. 369, § 8; L. 1995, ch. 219, § 16; L. 1996, ch. 244, § 1; L. 2001, ch. 5, § 423; July 1.

• 76-12a08a:

        History:   L. 1973, ch. 369, § 8; L. 1995, ch. 234, § 30; Repealed, L. 1996, ch. 244, § 2; July 1.

• 76-12a09: Frequency of remittances. Nothing in this act shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215.

        History:   L. 1973, ch. 369, § 32; July 1.

• 76-12a10: Medical reports of patients or former patients of institutions; form of release; fees, approval; rules and regulations; disposition of fee moneys. (a) Whenever medical information is requested relating to a patient or former patient of any institution under the secretary of social and rehabilitation services, and the disclosure of such information is authorized in accordance with K.S.A. 59-2969, and amendments thereto, or in accordance with K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto, as applicable, the superintendent of the institution may authorize the release of a copy of a report of such information upon payment of any fees required under this section.

        (b)   The secretary of social and rehabilitation services shall specify the form or forms of release to be used for the purpose of this section and may specify public officers to which such information may be given without provision of a release or payment of fees, or both. The secretary of social and rehabilitation services shall adopt rules and regulations for the administration of this section and for establishment of fees to be charged for copies of reports of information under this section, and specifying when no fee shall be charged. The fees fixed for copies of reports of information shall be fixed by the secretary of social and rehabilitation services in amounts approved by the director of accounts and reports under K.S.A. 45-204, and amendments thereto.

        (c)   The superintendent of each institution shall remit all moneys received by or for the superintendent from fees and charges under this section 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 fee fund of the remitting institution.

        History:   L. 1973, ch. 350, § 1; L. 1978, ch. 347, § 21; L. 1986, ch. 212, § 8; L. 1996, ch. 167, § 63; L. 2001, ch. 5, § 424; July 1.

• 76-12a11: Definitions. The words "secretary," "director" and "institution" defined in K.S.A. 76-12a01 shall have the same meaning when used in this act as is ascribed thereto in said 76-12a01.

        History:   L. 1973, ch. 372, § 1; L. 1973, ch. 373, § 1; July 1.

• 76-12a12: Operation of vehicles upon roads, streets, driveways and parking facilities; permits for parking. All roads, streets, driveways, and parking facilities for vehicles on the grounds of each institution shall be under the care, control, maintenance and supervision of the superintendent of the institution, under rules and regulations of the secretary and policies of the director. No vehicle, whether privately or publicly owned, may be driven, operated or parked upon any of the grounds of any institution, except as authorized hereunder. The superintendent of each institution may issue permits to use any parking area within the grounds of the institution of which he or she is superintendent and may allocate parking spaces to individuals.

        History:   L. 1973, ch. 373, § 2; July 1.

• 76-12a13: Regulation of traffic and parking; fines; judicial review. The secretary may adopt rules and regulations governing parking and operation of vehicles upon the roads, streets, driveways, grounds and parking areas of any one or more institutions. The secretary shall place and maintain such traffic control devices or signs as the secretary shall deem necessary to indicate and to carry out the rules and regulations adopted. The rules and regulations may prescribe fines to be imposed upon any person who violates the rules and regulations or any particular one or more of such rules and regulations. If any fines are prescribed, the rules and regulations shall prescribe administrative procedures for the imposition and collection thereof. Any action pursuant to such procedures is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

        History:   L. 1973, ch. 373, § 3; L. 1984, ch. 344, § 1; L. 1986, ch. 318, § 141; July 1.

• 76-12a14: Application of city ordinances to streets and grounds; agreement with city; violations. In those instances where an institution is located within the corporate limits of a city, the secretary may agree or consent that ordinances of such city pertaining to parking and traffic regulations on city streets shall apply to all or part of the roads, streets and driveways on the grounds of such institution. In such cases, such ordinances shall apply to all or part of the roads, streets and driveways of the institution as designated in the agreement or consent. Persons violating such ordinances shall be subject to prosecution in the municipal court of the city, and summons may be issued by the city for such violations.

        History:   L. 1973, ch. 373, § 4; July 1.

• 76-12a15: Parking fees; disposition of fees and fines; parking fee and fine fund. The secretary may provide for the charging and collection of fees for the use of parking spaces at any one or more institutions. All such fees and all fines for misuse of parking areas or traffic violations, except fines and court costs for violations of city ordinances, shall be remitted 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 parking fee and fine fund of the institution. All expenditures from any 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 the superintendent of the institution or a person or persons designated by such superintendent.

        History:   L. 1973, ch. 373, § 5; L. 2001, ch. 5, § 425; July 1.

• 76-12a16: Security police officers; employment; powers of peace, police and law enforcement; classified civil service; rules and regulations concerning badges. The secretary of social and rehabilitation services may authorize any superintendent to employ security police officers at the institution of which such person is superintendent. All such security police officers shall be in the classified service of the Kansas civil service act. Such security police officers are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within the county in which the institution is located for which the security police officer is employed, when wearing and publicly displaying the badge of office prescribed hereunder. The secretary shall adopt rules and regulations prescribing the badge of office of security police officers at institutions and when and where any such badge may be displayed. Within the limitations of this act and any such rules and regulations, the superintendent of each institution, with the approval of the director, shall direct and supervise the activities of security police officers at the institution of which such person is superintendent. In accordance with this act, such rules and regulations and such direction and supervision, security police officers shall enforce state laws, rules and regulations of the secretary, policies applicable to the institution and city ordinances. The power of arrest of a security police officer shall extend to the state laws and city ordinances the security police officer is directed to enforce.

        History:   L. 1973, ch. 372, § 2; L. 1973, ch. 373, § 6; L. 1993, ch. 60, § 1; April 1.

• 76-12a17: Security police officers; training; certification. No person employed by the secretary of social and rehabilitation services shall receive a permanent appointment as a security police officer as authorized by K.S.A. 76-12a16, and amendments thereto, unless such person has been awarded a certificate by the secretary of corrections attesting to such person's satisfactory completion of a basic course of instruction specified by the secretary of social and rehabilitation services and the secretary of corrections. Such certificate shall be awarded only following verification of completion of the training provided by both departments. Such certificate shall be effective during the term of a person's employment, except that any person who has terminated employment with the secretary of social and rehabilitation services for a period exceeding one year shall be required to be certified again.

        History:   L. 1979, ch. 255, § 2; L. 1993, ch. 60, § 2; April 1.

• 76-12a18, 76-12a19:

        History:   L. 1982, ch. 357, § 8, 9; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.

• 76-12a20:

        History:   L. 1982, ch. 357, § 10; L. 1992, ch. 293, § 4; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.

• 76-12a21:

        History:   L. 1982, ch. 357, § 11; L. 1995, ch. 168, § 1; L. 1996, ch. 229, § 138; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.

• 76-12a22: Definitions. As used in this act: (a)"Substance abuse program" means a program for the treatment or care of substance abusers.

        (b)   "Substance abuser" means: (1) Any alcoholic, intoxicated person or person incapacitated by alcohol, as such terms are defined in K.S.A. 65-4003 and amendments thereto; or (2) any drug abuser as such term is defined in K.S.A. 65-4602 and amendments thereto; or (3) any combination of (1) and (2).

        (c)   "Care or treatment" means such necessary services as are determined by the secretary to be in the best interests of the physical and mental health of a substance abuser.

        (d)   "State institution" means any institution within the department of social and rehabilitation services.

        (e)   "Secretary" means the secretary of social and rehabilitation services.

        History:   L. 1983, ch. 264, § 1; July 1.

• 76-12a23: Substance abuse programs at state institutions; establishment, administration, supervision, maintenance and operation thereof; rules and regulations. (a) Within the limits of funds appropriated therefor, including any grants or funds received from any agency of the United States government and from any other source, the secretary may establish and may administer, and supervise the maintenance and operation of substance abuse programs at the state institutions.

        (b)   All jurisdiction, powers, functions and duties relating to the establishment, administration, supervision, maintenance and operation of substance abuse programs under the jurisdiction of the state institutions are conferred and imposed upon the secretary, and the secretary may adopt rules and regulations relating to the exercise of such jurisdiction, powers, functions and duties.

        History:   L. 1983, ch. 264, § 2; July 1.

• 76-12a24: Use of buildings and land for placement of persons in custody of secretary of corrections; supervision and security; agreements. The secretary of social and rehabilitation services is authorized to enter into an agreement with the secretary of corrections concerning the management and utilization of buildings and land currently not being used at state institutions under the authority of the secretary of social and rehabilitation services for the placement of persons in the custody of the secretary of corrections. The secretary of corrections shall provide supervision and security for persons placed under any such agreement.

        History:   L. 1984, ch. 302, § 1; April 19.

• 76-12a25: Key deposit funds; procedures; disposition of interest; post audit; rules and regulations. (a) As used in this section, unless the context otherwise requires:

        (1)   "Key deposit fund" means the moneys that employees pay to a state institution to be held as a security deposit for keys to the buildings or facilities of the state institution.

        (2)   "State institution" means any institution, as defined by K.S.A. 2007 Supp. 38-2302 or K.S.A. 76-12a01, and amendments thereto.

        (b)   The superintendent, president or other chief administrative officer of any state institution may apply to the director of accounts and reports for authority to establish a key deposit fund in the institution supervised by such officer. The director of accounts and reports may authorize the establishment of any such key deposit fund. The director of accounts and reports shall prescribe a system of accounts and accounting procedures to be used in the operation of key deposit funds.

        (c)   Moneys of key deposit funds in an amount prescribed by the director of accounts and reports shall be retained at the institution as cash on hand for the purpose of making refunds of deposits to employees terminating employment at the institution.

        (d)   Unless otherwise authorized by the director of accounts and reports, moneys of key deposit funds in excess of the amount prescribed under subsection (c) shall be deposited daily as provided by this section. Such moneys shall be deposited in an account of a financial institution designated by the pooled money investment board. Such financial institution shall be:

        (1)   A bank, a savings and loan association or a federally chartered savings bank, which bank, association or savings bank is insured by the federal government or an agency thereof; or

        (2)   a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto.

        Except as otherwise directed by the pooled money investment board, moneys of key deposit funds shall be placed in one or more interest-bearing accounts. Moneys shall be withdrawn from one or more of such accounts in order to replenish cash on hand to the amount prescribed in subsection (c) when necessary.

        (e)   The provisions of K.S.A. 75-4217, and amendments thereto, and the provisions relating to security of article 42 of chapter 75 of Kansas Statutes Annotated shall apply to accounts in banks, savings and loan associations, credit unions, and federally chartered savings banks under this section.

        (f)   Interest earned on moneys invested under this section and the amounts of any forfeited key deposits shall be transferred at least monthly and credited to the fee fund of the state institution. The director of accounts and reports shall prescribe the circumstances under which deposits shall be forfeited.

        (g)   Key deposit funds shall be subject to post audit under the provisions of the statutes contained in article 11 of chapter 46 of Kansas Statutes Annotated.

        History:   L. 1993, ch. 204, § 1; L. 1996, ch. 229, § 139; L. 2001, ch. 106, § 4; L. 2006, ch. 169, § 135; Jan. 1, 2007.

• 76-12a26 to 76-12a29: Reserved.
• 76-12a30: Care and treatment of drug and alcohol abusers; definitions. (a) As used in K.S.A. 76-12a30 to 76-12a34, inclusive:

        (1)   "Secretary" means the secretary of social and rehabilitation services;

        (2)   "department" means the department of social and rehabilitation services; and

        (3)   "institution" means any institution within the department.

        (b)   Unless the context requires otherwise, terms defined in K.S.A. 65-4003, 65-4602 and 65-5201 and amendments thereto shall have the same meaning when used in K.S.A. 76-12a30 to 76-12a34, inclusive, as is specified in such sections.

        History:   L. 1996, ch. 235, § 1; Oct. 1.

• 76-12a31: Same; admission to certain state institutions prohibited, exceptions; public and other licensed treatment facilities to provide care and treatment. 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 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 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.

        History:   L. 1996, ch. 235, § 2; Oct. 1.

• 76-12a32: Same; secretary to develop programs to enlist by agreement, treatment facilities to provide care and treatment. The secretary shall develop care and treatment programs to enlist, by agreement, public and private treatment facilities licensed under K.S.A. 65-4001 et seq., 65-4601 et seq. and 65-5201 et seq. and amendments thereto to receive any or only certain, alcohol or drug abusers as provided in each such agreement.

        History:   L. 1996, ch. 235, § 3; Oct. 1.

• 76-12a33: Same; rules and regulations governing transition from service in state institutions to facilities entering into agreements. The secretary shall adopt rules and regulations applicable to the programs specified in K.S.A. 76-12a31, 76-12a32 and 76-12a33 and to any matters requiring regulation to make the transition contemplated by K.S.A. 76-12a31, 76-12a32 and 76-12a33 including the making of provisions for transfer from any institution operated by the secretary to an appropriate facility which has agreed to accept individuals to be so transferred and to give appropriate care and treatment to such individuals.

        History:   L. 1996, ch. 235, § 4; Oct. 1.

• 76-12a34: Same; transfer of individuals from state institutions to licensed facility, application to court; hearing and order. On October 1, 1996, when an individual is located in an institution by the order of a court, the secretary shall cause appropriate application to be made to such court for transfer of such individual from such institution to a facility licensed as provided in K.S.A. 65-4014. The court to which such an application is made shall cause to be issued its order to make such transfer as it deems reasonable as to both time and place. Such court shall cause to be given notice, as it deems appropriate, to interested parties of any hearing the court chooses to hold before making such an order.

        History:   L. 1996, ch. 235, § 5; Oct. 1.