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 confid
65-5602
65-5602. Privilege of patient of treatment facility to preventdisclosure of treatment and of confidential communications; extent ofprivilege; persons who may claim privilege; persons to which confidentialcommunications extend.(a) A patient of a treatment facility has a privilege toprevent treatment personnel or ancillary personnel from disclosing that thepatient has been or iscurrently receiving treatment or from disclosing any confidentialcommunications made for the purposes of diagnosis or treatment of thepatient's mental, alcoholic, drug dependency or emotional condition.The privilege extends to individual, family orgroup therapy under the direction of the treatment personnel and includesmembers of the patient's family. The privilege may be claimed by thepatient, by the patient's guardian or conservator or by the personalrepresentative of a deceased patient. The treatment personnel shall claim theprivilege on behalf of the patient unless the patient has made a writtenwaiver of the privilege and provided the treatment personnel with a copy ofsuch 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 tofurther the interests of the patient in the consultation, examination orinterview; ancillary personnel;persons who are participating in the diagnosis and treatmentunder the direction of the treatment personnel, including members of thepatient's family; and any other persons who the patient reasonably believesneeds the communication to assist in the patient's diagnosis or treatment.
History: L. 1986, ch. 212, § 2; July 1.