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23  AN ACT concerning the background of certain persons for employ-
24    ment purposes; concerning the department of health and environ-
25    ment; restrictions on persons operating adult care homes and home
26    health agencies or [and on certain persons] working for or regularly
27    volunteering to assist such homes or agencies; employment checks
28    by community service providers, mental health centers and in-
29    dependent living agencies; amending K.S.A. 39-1404, 39-1411
30    and 39-1434 and repealing the existing sections.
31
32  Be it enacted by the Legislature of the State of Kansas:
33    Section 1.  (a) No On and after July 1, 1998, no person shall know-
34  ingly operate an adult care home if, in the adult care home, there works
35  or[, if the operator of the adult care home has elected to make
36  persons who regularly volunteer in the adult care home subject to
37  the requirements of this section, there] regularly volunteers any per-
38  son who:
39    (1) (A)  Has a felony conviction for a crime against persons, (B) has
40  a felony conviction under the uniform controlled substances act, (C) has
41  a conviction of any act which is described in articles 34, 35 or 36 of chapter
42  21 of the Kansas Statutes Annotated and acts amendatory thereof or sup-
43  plemental thereto[, except K.S.A. 21-3605 and amendments
HB 2278--Am. by S on FA
                                     

 1  thereto,] or a conviction of an attempt under K.S.A. 21-3301 and amend-
 2  ments thereto to commit any such act, or (D) [(C)] (B) has been convicted
 3  of any act which is described in K.S.A. 21-4301 or 21-4301a and amend-
 4  ments thereto or similar statutes of other states or the federal govern-
 5  ment;
 6    (2)  has been adjudicated a juvenile offender because of having com-
 7  mitted an act which if done by an adult would constitute the commission
 8  of a felony and which is a crime against persons, is any act described in
 9  articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
10  acts amendatory thereof or supplemental thereto [except K.S.A. 21-
11  3605 and amendments thereto], or is any act described in K.S.A. 21-
12  4301 or 21-4301a and amendments thereto or similar statutes of other
13  states or the federal government;
14    (3)  has committed an act of physical, mental or emotional abuse or
15  neglect or sexual abuse as validated by the department of social and re-
16  habilitation services pursuant to K.S.A. 38-1523 and amendments thereto
17  and (A) the person has failed to successfully complete a corrective action
18  plan which had been deemed appropriate and approved by the depart-
19  ment of social and rehabilitation services, or (B) the record has not been
20  expunged pursuant to rules and regulations adopted by the secretary of
21  social and rehabilitation services;
22    (4)  has had a child declared in a court order in this or any other state
23  to be deprived or a child in need of care based on an allegation of physical,
24  mental or emotional abuse or neglect or sexual abuse;
25    (5)  has had parental rights terminated pursuant to the Kansas juvenile
26  code or K.S.A. 38-1581 through 38-1584, and amendments thereto, or a
27  similar statute of other states;
28    (6)  has signed a diversion agreement pursuant to K.S.A. 22-2906 et
29  seq., and amendments thereto, or pursuant to K.S.A. 38-1635 and amend-
30  ments thereto involving a charge of child abuse or a sexual offense;
31    (7)  has been found by the department of health and environment or
32  the department of social and rehabilitation services under K.S.A. 39-1401
33  et seq. and amendments thereto to have committed an act of abuse, ne-
34  glect or exploitation of a resident; or
35    (8)  has been found by the department of social and rehabilitation
36  services under K.S.A. 39-1430 et seq. and amendments thereto to have
37  committed an act of abuse, neglect or exploitation of an adult.
38    (b)  No person shall operate an adult care home if such person has
39  been found to be a disabled person in need of a guardian or conservator,
40  or both.
41    (c)  In accordance with the provisions of this subsection (c), the sec-
42  retary of health and environment shall have access to any court orders or
43  adjudications of any court of record, any records of such orders or adju-
HB 2278--Am. by S on FA
                                     

 1  dications, criminal history record information in the possession of the
 2  Kansas bureau of investigation and any report of investigations as au-
 3  thorized by subsection (e) of K.S.A. 38-1523 and amendments thereto in
 4  the possession of the department of social and rehabilitation services or
 5  court of this state, or any reports of investigations, findings or assessments
 6  as provided in K.S.A. 39-1402 and amendments thereto, 39-1404 and
 7  amendments thereto, 39-1411 and amendments thereto, 39-1433 and
 8  amendments thereto and 39-1434 and amendments thereto, in the pos-
 9  session of the department of health and environment or the department
10  of social and rehabilitation services or court of this state concerning per-
11  sons working or regularly volunteering in an adult care home. The sec-
12  retary shall have access to these records for the purpose of determining
13  whether or not the adult care home meets the requirements of this sec-
14  tion. The Kansas bureau of investigation may charge to the department
15  of health and environment a reasonable fee for providing criminal history
16  record information under this subsection.
17    (d)  For the purpose of complying with this section, the operator of
18  an adult care home shall request from the department of health and
19  environment information obtained by the secretary of health and envi-
20  ronment under subsection (c) and information available under subsection
21  (c)(5) [(c)(4)] of K.S.A. 39-936 and amendments thereto, if any, which
22  relates to a person who works or[, if the operator has elected to make
23  persons who regularly volunteer in the adult care home subject to
24  the requirements of this section,] regularly volunteers in the adult care
25  home, or is being considered for employment or[, if the operator has
26  elected to make persons who regularly volunteer in the adult care
27  home subject to the requirements of this section,] as a volunteer by
28  the adult care home, for the purpose of determining whether such person
29  is subject to the provision of this section. The operator may rely on verbal
30  information from the department of health and environment to be fol-
31  lowed by written confirmation of the verbal report. For the purpose of
32  complying with this section, the operator of an adult care home shall
33  receive from any employment agency which provides employees of the
34  employment agency to work in the adult care home written certification
35  that such employees are not prohibited from working in the adult care
36  home under this section. [For the purpose of complying with this
37  section, information relating to convictions and adjudications by
38  the federal government or to convictions and adjudications in
39  states other than Kansas shall not be required until such time as
40  the secretary of health and environment determines the search for
41  such information could reasonably be performed and the infor-
42  mation obtained within a two-week period.] For the purpose of
43  complying with this section, a person who operates an adult care
HB 2278--Am. by S on FA
                                     

 1  home may hire an applicant for employment on a conditional basis
 2  pending the results from the department of health and environment
 3  of a request for information under this subsection. No operator of an
 4  adult care home or, the operator or employees of an adult care home
 5  or an employment agency, or the operator or employees of an
 6  employment agency, shall be liable for civil damages to any person
 7  refused employment or discharged from employment by reason of re-
 8  sulting from any decision to employ, to refuse to employ or to dis-
 9  charge from employment any person based on such operator's adult
10  care home's compliance with the provisions of this section if such op-
11  erator adult care home or employment agency acts in good faith to
12  comply with this section.
13    (e)  For the purpose of subsection (a)(3), an act of abuse or neglect
14  shall not be considered to have been validated by the department of social
15  and rehabilitation services unless the alleged perpetrator has: (1) Had an
16  opportunity to be interviewed and present information during the inves-
17  tigation of the alleged act of abuse or neglect; and (2) been given notice
18  of the agency decision and an opportunity to appeal such decision to the
19  secretary and to the courts pursuant to the act for judicial review and civil
20  enforcement of agency actions.
21    (f)  The secretary of health and environment shall charge each
22  person requesting information under this section a fee of $5 equal
23  to cost, not to exceed $10, for each name about which an infor-
24  mation request has been submitted to the department under this
25  section.
26    [(g)  No person who works for an adult care home and who is
27  currently licensed or registered by an agency of this state to pro-
28  vide professional services in the state and who provides such serv-
29  ices as part of the work which such person performs for the adult
30  care home shall be subject to the provisions of this section.]
31    (g) [(h)]  A family member who acts as a volunteer in caring for
32  a relative in an adult care home [person who volunteers in an adult
33  care home] shall not be subject to the provisions of this section
34  because of such volunteer activity [unless the operator of the adult
35  care home in which such person volunteers elects by written notice
36  to the secretary of health and environment to make all persons
37  who regularly volunteer in such adult care home subject to the
38  requirements of this section].
39    (i)  No person who has been employed by the same adult care
40  home for five consecutive years immediately prior to the effective
41  date of this act shall be subject to the provisions of this section while
42  employed by such adult care home.
43    (j)  The operator of an adult care home shall not be required
HB 2278--Am. by S on FA
                                     

 1  under this section to conduct a background check on an applicant
 2  for employment with the adult care home if the applicant has been
 3  the subject of a background check under this act within one year
 4  prior to the application for employment with the adult care home.
 5    (f) (h) [(i)] (k)  This section shall be part of and supplemental to the
 6  adult care home licensure act.
 7    Sec. 2.  (a) No On and after July 1, 1998, no person shall knowingly
 8  operate a home health agency if, for the home health agency, there works
 9  or[, if the operator of the home health agency has elected to make
10  persons who regularly volunteer to assist the home health agency
11  subject to the requirements of this section, there] regularly volun-
12  teers to assist the home health agency any person who:
13    (1) (A)  Has a felony conviction for a crime against persons, (B) has
14  a felony conviction under the uniform controlled substances act, (C) has
15  a conviction of any act which is described in articles 34, 35 or 36 of chapter
16  21 of the Kansas Statutes Annotated and acts amendatory thereof or sup-
17  plemental thereto[, except K.S.A. 21-3605 and amendments
18  thereto,] or a conviction of an attempt under K.S.A. 21-3301 and amend-
19  ments thereto to commit any such act, or (D) [(C)] (B) has been convicted
20  of any act which is described in K.S.A. 21-4301 or 21-4301a and amend-
21  ments thereto or similar statutes of other states or the federal govern-
22  ment;
23    (2)  has been adjudicated a juvenile offender because of having com-
24  mitted an act which if done by an adult would constitute the commission
25  of a felony and which is a crime against persons, is any act described in
26  articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and
27  acts amendatory thereof or supplemental thereto [except K.S.A. 21-
28  3605 and amendments thereto], or is any act described in K.S.A. 21-
29  4301 or 21-4301a and amendments thereto or similar statutes of other
30  states or the federal government;
31    (3)  has committed an act of physical, mental or emotional abuse or
32  neglect or sexual abuse as validated by the department of social and re-
33  habilitation services pursuant to K.S.A. 38-1523 and amendments thereto
34  and (A) the person has failed to successfully complete a corrective action
35  plan which had been deemed appropriate and approved by the depart-
36  ment of social and rehabilitation services, or (B) the record has not been
37  expunged pursuant to rules and regulations adopted by the secretary of
38  social and rehabilitation services;
39    (4)  has had a child declared in a court order in this or any other state
40  to be deprived or a child in need of care based on an allegation of physical,
41  mental or emotional abuse or neglect or sexual abuse;
42    (5)  has had parental rights terminated pursuant to the Kansas juvenile
43  code or K.S.A. 38-1581 through 38-1584, and amendments thereto, or a
HB 2278--Am. by S on FA
                                     

 1  similar statute of other states;
 2    (6)  has signed a diversion agreement pursuant to K.S.A. 22-2906 et
 3  seq., and amendments thereto, or pursuant to K.S.A. 38-1635 and amend-
 4  ments thereto involving a charge of child abuse or a sexual offense;
 5    (7)  has been found by the department of health and environment or
 6  the department of social and rehabilitation services under K.S.A. 39-1401
 7  et seq. and amendments thereto to have committed an act of abuse, ne-
 8  glect or exploitation of a resident; or
 9    (8)  has been found by the department of social and rehabilitation
10  services under K.S.A. 39-1430 et seq. and amendments thereto to have
11  committed an act of abuse, neglect or exploitation of an adult.
12    (b)  No person shall operate a home health agency if such person has
13  been found to be a disabled person in need of a guardian or conservator,
14  or both.
15    (c)  In accordance with the provisions of this subsection (c), the sec-
16  retary of health and environment shall have access to any court orders or
17  adjudications of any court of record, any records of such orders or adju-
18  dications, criminal history record information in the possession of the
19  Kansas bureau of investigation and any report of investigations as au-
20  thorized by subsection (e) of K.S.A. 38-1523 and amendments thereto in
21  the possession of the department of social and rehabilitation services or
22  court of this state, or any reports of investigations, findings or assessments
23  as provided in K.S.A. 39-1402 and amendments thereto, 39-1404 and
24  amendments thereto, 39-1411 and amendments thereto, 39-1433 and
25  amendments thereto and 39-1434 and amendments thereto, in the pos-
26  session of the department of health and environment or the department
27  of social and rehabilitation services or court of this state concerning per-
28  sons working or regularly volunteering for a home health agency. The
29  secretary shall have access to these records for the purpose of determining
30  whether or not the home health agency meets the requirements of this
31  section. The Kansas bureau of investigation may charge to the department
32  of health and environment a reasonable fee for providing criminal history
33  record information under this subsection.
34    (d)  For the purpose of complying with this section, the operator of a
35  home health agency shall request from the department of health and
36  environment information obtained by the secretary of health and envi-
37  ronment under subsection (c), if any, which relates to a person who works
38  for the home health agency or[, if the operator has elected to make
39  persons who regularly volunteer to assist the home health agency
40  subject to the requirements of this section,] regularly volunteers to
41  assist the home health agency, or is being considered for employment
42  or[, if the operator has elected to make persons who regularly vol-
43  unteer to assist the home health agency subject to the require-
HB 2278--Am. by S on FA
                                     

 1  ments of this section,] as a volunteer by the home health agency, for
 2  the purpose of determining whether such person is subject to the pro-
 3  visions of this section. The operator may rely on verbal information from
 4  the department of health and environment to be followed by written
 5  confirmation of the verbal report. [For the purpose of complying with
 6  this section, information relating to convictions and adjudications
 7  by the federal government or to convictions and adjudications in
 8  states other than Kansas shall not be required until such time as
 9  the secretary of health and environment determines the search for
10  such information could reasonably be performed and the infor-
11  mation obtained within a two-week period.] For the purpose of
12  complying with this section, a person who operates a home health
13  agency may hire an applicant for employment on a conditional basis
14  pending the results from the department of health and environment
15  of a request for information under this subsection. No operator of a
16  home health agency or, the operator or employees of a home health
17  agency or an employment agency, or the operator or employees of
18  an employment agency, which provides employees to work for the
19  home health agency shall be liable for civil damages to any person
20  refused employment or discharged from employment by reason of re-
21  sulting from any decision to employ, to refuse to employ or to dis-
22  charge from employment any person based on such operator's home
23  health agency's compliance with the provisions of this section if such
24  operator home health agency or employment agency acts in good faith
25  to comply with this section.
26    (e)  For the purpose of subsection (a)(3), an act of abuse or neglect
27  shall not be considered to have been validated by the department of social
28  and rehabilitation services unless the alleged perpetrator has: (1) Had an
29  opportunity to be interviewed and present information during the inves-
30  tigation of the alleged act of abuse or neglect; and (2) been given notice
31  of the agency decision and an opportunity to appeal such decision to the
32  secretary and to the courts pursuant to the act for judicial review and civil
33  enforcement of agency actions.
34    (f)  The secretary of health and environment shall charge each
35  person requesting information under this section a fee of $5 equal
36  to cost, not to exceed $10, for each name about which an infor-
37  mation request has been submitted under this section.
38    [(g)  No person who works for a home health agency and who
39  is currently licensed or registered by an agency of this state to
40  provide professional services in this state and who provides such
41  services as part of the work which such person performs for the
42  home health agency shall be subject to the provisions of this sec-
43  tion.]
HB 2278--Am. by S on FA
                                     

 1    (g) [(h)]  A family member who acts as a volunteer in caring for
 2  a relative who is receiving home health services  [person who vol-
 3  unteers to assist a home health agency] shall not be subject to the
 4  provisions of this section because of such volunteer activity [unless
 5  the operator of the home health agency for which such person
 6  volunteers elects by written notice to the secretary of health and
 7  environment to make all persons who regularly volunteer to assist
 8  such home health agency subject to the requirements of this sec-
 9  tion].
10    (i)  No person who has been employed by the same home health
11  agency for five consecutive years immediately prior to the effective
12  date of this act shall be subject to the requirements of this section
13  while employed by such adult care home.
14    (j)  The operator of a home health agency shall not be required
15  under this section to conduct a background check on an applicant
16  for employment with the home health agency if the applicant has
17  been the subject of a background check under this act within one
18  year prior to the application for employment with the home health
19  agency.
20    (f) (h) [(i)] (k)  This section shall be part of and supplemental to the
21  provisions of article 51 of chapter 65 of the Kansas Statutes Annotated
22  and acts amendatory thereof or supplemental thereto.
23    New Sec. 3.  The secretary of health and environment shall pro-
24  vide for the implementation of the processing of information re-
25  quested from the department of health and environment on an in-
26  cremental basis. This implementation shall be completed so that
27  adult care homes and home health agencies may receive information
28  required under this act no later than July 1, 1998.;
29    New Sec. 4.  (a) A community service provider as defined in
30  K.S.A. 1996 Supp. 39-1803 and amendments thereto, a mental
31  health center as defined in K.S.A. 65-4432 and amendments thereto
32  and an independent living agency as defined in K.S.A. 65-5101 and
33  amendments thereto may request for the purpose of obtaining back-
34  ground information on applicants for employment with such entity
35  information:
36    (1)  From the department of social and rehabilitation services as
37  to whether such applicant has committed an act of physical, mental
38  or emotional abuse or neglect or sexual abuse as validated by the
39  department of social and rehabilitation services pursuant to K.S.A.
40  38-1523 and amendments thereto;
41    (2)  from the department of social and rehabilitation services as
42  to whether such applicant has been found to have committed an act
43  of abuse, neglect or exploitation of a resident as contained in the
HB 2278--Am. by S on FA
                                     

 1  register of reports under K.S.A. 39-1404 and amendments thereto
 2  or an act of abuse, neglect or exploitation of an adult as contained
 3  in the register of reports under K.S.A. 39-1434 and amendments
 4  thereto;
 5    (3)  from the department of health and environment as to
 6  whether such applicant has been found to have committed an act of
 7  abuse, neglect or exploitation of a resident as contained in the reg-
 8  ister of reports under K.S.A. 39-1411 and amendments thereto;
 9    (4)  from the department of health and environment any infor-
10  mation concerning the applicant in the state registry which contains
11  information about unlicensed employees of adult care homes under
12  K.S.A. 39-936 and amendments thereto.
13    [(b)  No community service provider, mental health center or
14  independent living agency shall be liable for civil damages to any
15  person refused employment, discharged from employment or whose
16  terms of employment are affected because of actions taken by the
17  community service provider, mental health center or independent
18  living agency in good faith based on information received under
19  this section.]
20    Sec. 5.  K.S.A. 39-1404 is hereby amended to read as follows:
21  39-1404. (a) The department of social and rehabilitation services
22  or the department of health and environment upon receiving a re-
23  port that a resident is being, or has been, abused, neglected or ex-
24  ploited, or is in a condition which is the result of such abuse, neglect
25  or exploitation or is in need of protective services, within 24 hours
26  of receiving such report, shall initiate an investigation, including a
27  personal visit with the resident and, within two weeks of receiving
28  such report, shall complete the investigation to determine if the res-
29  ident is being or has been abused, neglected or exploited or is in a
30  condition which is a result of such abuse, neglect or exploitation.
31  The investigation shall include, but not be limited to, a visit to the
32  named resident and consultation with those individuals having
33  knowledge of the facts of the particular case. Upon completion of
34  the investigation of each case, written findings shall be prepared
35  which shall include a finding of whether there is or has been abuse,
36  neglect or exploitation, recommended action and a determination
37  of whether protective services are needed. If it appears that a crime
38  has occurred, the appropriate law enforcement agency shall be no-
39  tified by the department investigating the report.
40    (b)  The secretary of social and rehabilitation services shall
41  maintain a register of the reports received and investigated by the
42  department of social and rehabilitation services, the findings, eval-
43  uations and the actions recommended. The register shall be avail-
HB 2278--Am. by S on FA
                                     

 1  able for inspection by personnel of the department of social and
 2  rehabilitation services. The secretary of social and rehabilitation
 3  services shall forward a copy of any report of abuse, neglect or
 4  exploitation of a resident investigated by the department of social
 5  and rehabilitation services to the secretary of health and environ-
 6  ment and, in the case of a report of abuse, neglect or exploitation
 7  of a resident of an adult family home, to the secretary of aging.
 8    (c)  The report received by the department of social and reha-
 9  bilitation services and the written findings, evaluations and actions
10  recommended shall not be deemed a public record or be subject to
11  the provisions of the open records act. Except as otherwise provided
12  in this section, or in section 4 and amendments thereto the name of the
13  person making the original report to the department of social and
14  rehabilitation services or any person mentioned in such report shall
15  not be disclosed unless the person making the original report spe-
16  cifically requests or agrees in writing to such disclosure or unless
17  a judicial proceeding results therefrom. Except as otherwise pro-
18  vided in this section, no information contained in the register shall
19  be made available to the public in such a manner as to identify
20  individuals.
21    (d)  The secretary of social and rehabilitation services shall for-
22  ward any finding of abuse, neglect or exploitation alleged to be
23  committed by a provider of services licensed, registered or other-
24  wise authorized to provide services in this state to the appropriate
25  state authority which regulates such provider. The appropriate
26  state regulatory authority may consider the finding in any discipli-
27  nary action taken with respect to the provider of services under the
28  jurisdiction of such authority.
29    (e)  The department which investigates the report shall inform
30  the complainant, upon request of the complainant, that an investi-
31  gation has been made and, if the allegations of abuse, neglect or
32  exploitation have been substantiated, that corrective measures will
33  be taken.
34    Sec. 6.  K.S.A. 39-1411 is hereby amended to read as follows:
35  39-1411. (a) The secretary of health and environment shall main-
36  tain a register of the reports received and investigated by the de-
37  partment of health and environment under K.S.A. 39-1402 and
38  39-1403, and amendments to such sections, and the findings, eval-
39  uations and actions recommended by the department with respect
40  to such reports. The findings, evaluations and actions shall be sub-
41  ject to such notice and appeals procedures as may be adopted by
42  rules and regulations of the secretary of health and environment,
43  which rules and regulations shall be consistent with any require-
HB 2278--Am. by S on FA
                                     

 1  ments of state or federal law relating thereto except that the sec-
 2  retary shall not be required to conduct a hearing in cases forwarded
 3  to the appropriate state authority under subsection (b). The register
 4  shall be available for inspection by personnel of the department of
 5  health and environment as specified by the secretary of health and
 6  environment and to such other persons as may be required by fed-
 7  eral law and designated by the secretary of health and environment
 8  by rules and regulations. Information from the register shall be pro-
 9  vided as specified in section 4 and amendments thereto. The secretary
10  of health and environment shall forward a copy of any report of
11  abuse, neglect or exploitation of a resident of an adult care home
12  to the secretary of aging.
13    (b)  The secretary of health and environment shall forward any
14  finding of abuse, neglect or exploitation alleged to be committed by
15  a provider of services licensed, registered or otherwise authorized
16  to provide services in this state to the appropriate state authority
17  which regulates such provider. The appropriate state regulatory
18  authority, after notice to the alleged perpetrator and a hearing on
19  such matter if requested by the alleged perpetrator, may consider
20  the finding in any disciplinary action taken with respect to the pro-
21  vider of services under the jurisdiction of such authority. The sec-
22  retary of health and environment may consider the finding of abuse,
23  neglect or exploitation in any licensing action taken with respect to
24  any adult care home or medical care facility under the jurisdiction
25  of the secretary.
26    (c)  If the investigation of the department of health and environ-
27  ment indicates reason to believe that the resident is in need of pro-
28  tective services, that finding and all information relating to that
29  finding shall be forwarded by the secretary of health and environ-
30  ment to the secretary of social and rehabilitation services.
31    (d)  Except as otherwise provided in this section, the report re-
32  ceived by the department of health and environment and the written
33  findings, evaluations and actions recommended shall be confiden-
34  tial and shall not be subject to the open records act. Except as oth-
35  erwise provided in this section, the name of the person making the
36  original report to the department of health and environment or any
37  person mentioned in such report shall not be disclosed unless such
38  person specifically requests or agrees in writing to such disclosure
39  or unless a judicial or administrative proceeding results therefrom.
40  In the event that an administrative or judicial action arises, no use
41  of the information shall be made until the judge or presiding officer
42  makes a specific finding, in writing, after a hearing, that under all
43  the circumstances the need for the information outweighs the need
HB 2278--Am. by S on FA
                                     

 1  for confidentiality. Except as otherwise provided in this section, no
 2  information contained in the register shall be made available to the
 3  public in such a manner as to identify individuals.
 4    Sec. 7.  K.S.A. 39-1434 is hereby amended to read as follows:
 5  39-1434. (a) The secretary of social and rehabilitation services shall
 6  maintain a statewide register of the reports, assessments received
 7  and the analyses, evaluations and the actions recommended. The
 8  register shall be available for inspection by personnel of the de-
 9  partment of social and rehabilitation services and as provided in sec-
10  tion 4 and amendments thereto.
11    (b)  Neither the report, assessment or the written evaluation
12  analysis shall be deemed a public record or be subject to the pro-
13  visions of the open records act. The name of the person making the
14  original report or any person mentioned in such report shall not be
15  disclosed unless the person making the original report specifically
16  requests or agrees in writing to such disclosure or unless a judicial
17  proceeding results therefrom. No information contained in the state-
18  wide register shall be made available to the public in such a manner
19  as to identify individuals.
20    Sec. 8.  K.S.A. 39-1404, 39-1411 and 39-1434 are hereby re-
21  pealed.
22    Sec. 3. 9.  This act shall take effect and be in force from and after its
23  publication in the statute book.