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Kan. Stat. Ann. § 65-5603

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Exceptions to privilege

This statute, which governs more than substance abuse records, is referenced in § 59-29b79 as governing substance abuse treatment records as well. It provides that the privilege set forth in § 65-602 does not extend to the following circumstances:

  • A court ordered examination of the mental, alcoholic, drug dependency or emotional condition of a patient, but the privilege is excepted only for the purpose for which the examination was ordered
  • In a proceeding where the patient relies on the mental, alcoholic, drug dependency, or emotional condition as an element of a claim or defense, or after the patient’s death, any party may use the information in any proceeding involving the patient’s condition as a claim or defense
  • If the information is required by law to be reported
  • Any information necessary for emergency treatment, if the head of the facility includes a written statement of the reason for disclosure in the patient’s record
  • If the information is relevant to protect a person that has been threatened with physical harm by the patient during their treatment, provided that the threatened person has been identified by the patient, and the personnel believe that there is a substantial likelihood that the patient will carry out the threat in the foreseeable future. The head of the facility must decide to make this disclosure, and the patient must be notified of the disclosure.
  • For accreditation, certification, licensing or research purposes, provided that the intended recipient of the information pledges that patient identifying-information will not be disclosed
  • For reimbursement purposes
  • Information requested by a coroner that is relevant to a coroner investigation; this information may not be made public unless admitted as evidence in court
  • Information exchanged between treatment facilities for treatment purposes
  • Certain information sought as part of a genealogical study
  • Information relating to a juvenile offender, if the commissioner of juvenile justice requests such information


Current as of June 2015