39-1402. Abuse, neglect or exploitation of residents; reporting abuse, neglect or exploitation or need of protective services; persons required to report; contents of report; posting notice of require
39-1402
39-1402. Abuse, neglect orexploitation of residents; reporting abuse, neglect or exploitation or need ofprotective services; persons required to report; contents of report;posting notice of requirements of act; penalty for failure to report.(a) Any person who is licensed to practice any branch of the healing arts, alicensed psychologist, a licensed master level psychologist, a licensedclinical psychotherapist, a chief administrative officer of a medical carefacility, an adult care home administrator or operator, a licensed socialworker, a licensed professional nurse, a licensed practical nurse, a licensedmarriage and family therapist, a licensed clinical marriage and familytherapist, licensed professional counselor, licensed clinical professionalcounselor, registered alcohol and drug abuse counselor, a teacher, a bank trustofficer and any other officers offinancial institutions, a legal representative or a governmental assistanceprovider who has reasonable cause to believe that a resident is being orhas been abused, neglected or exploited, or is in a condition which is theresult of such abuse, neglect or exploitation or is in need of protectiveservices, shall report immediately such information or cause a report of suchinformation to be made in any reasonable manner to the department onaging with respect to residents defined undersubsection (a)(1) of K.S.A. 39-1401and amendments thereto, to the department of health and environment withrespect to residents defined under subsection (a)(2) of K.S.A. 39-1401, andamendments thereto, and to the department of social and rehabilitationservices and appropriate law enforcement agencies with respect to all otherresidents. Reports made to one department which are required by this subsectionto be made to the other department shall be referred by the department to whichthe report is made to the appropriate department for that report, and any suchreport shall constitute compliance with this subsection. Reports shall be madeduring the normal working week days and hours of operation of such departments.Reports shall be made to law enforcement agencies during the time thedepartments are not open for business. Law enforcement agencies shall submitthe report and appropriate information to the appropriate department on thefirst working day that such department is open for business. A report madepursuant to K.S.A. 65-4923 or 65-4924 and amendments thereto shall be deemed areport under this section.
(b) The report made pursuant to subsection (a) shall contain the nameand address of the person making the report and of the caretaker caringfor the resident, the name and address of the involved resident, informationregarding the nature and extent of the abuse, neglect or exploitation, thename of the next of kin of the resident, if known, and any other informationwhich the person making the report believes might be helpful in aninvestigation of the case and the protection of the resident.
(c) Any other person, not listed in subsection (a), having reasonablecause to suspect or believe that a resident is being or has been abused,neglected or exploited, or is in a condition which is the result of such abuse,neglect or exploitation or is in need of protective services may report suchinformation to the department on agingwith respect to residents defined under subsection(a)(1) of K.S.A. 39-1401 and amendments thereto, to thedepartment of health and environment with respect to residents defined undersubsection (a)(2) of K.S.A. 39-1401, and amendments thereto, and to thedepartment of social and rehabilitation services with respect to all otherresidents. Reports made to one department which are to be made to the otherdepartment under this section shall be referred by the department to which thereport is made to the appropriate department for that report.
(d) Notice of the requirements of this act and the department to which areport is to be made under this act shall be posted in a conspicuouspublic place in every adult care home and medical care facility inthis state.
(e) Any person required to report information or cause a report ofinformation to be made under subsection (a) who knowingly fails tomake such report or cause such report to be made shall be guilty ofa class B misdemeanor.
History: L. 1980, ch. 124, § 2; L. 1983, ch. 149, § 2;L. 1985, ch. 152, § 1; L. 1986, ch. 299, § 6; L. 1990, ch. 153,§ 2;L. 1998, ch. 200, § 5;L. 2001, ch. 154, § 3;L. 2003, ch. 91, § 3; L. 2003, ch. 149, § 26; July 1.