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Session of 2000
          HOUSE BILL No. 2992           By Committee on Federal and State Affairs           2-16          

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  9             AN  ACT concerning adult care homes; concerning the abuse, neglect or
10             exploitation of residents thereof; amending K.S.A. 1999 Supp. 39-1402
11             and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 39-1402 is hereby amended to read as
15       follows: 39-1402. (a) Any person who is licensed to practice any branch
16       of the healing arts, a licensed psychologist, a licensed master level psy-
17       chologist, a chief administrative officer of a medical care facility, an adult
18       care home administrator or operator, a licensed social worker, a licensed
19       professional nurse, a licensed practical nurse, a teacher, a bank trust of-
20       ficer, a guardian or a conservator who has reasonable cause to believe
21       receives information, believes or suspects that a resident is being or has
22       been abused, neglected or exploited, or is in a condition which is the
23       result of such abuse, neglect or exploitation or is in need of protective
24       services, shall report immediately such information, belief or suspicion or
25       cause a report of such information, belief or suspicion to be made in any
26       reasonable manner to the department of health and environment with
27       respect to residents defined under (a)(1) and (a)(2) of K.S.A. 39-1401 and
28       amendments thereto and to the department of social and rehabilitation
29       services with respect to all other residents. Reports made to one depart-
30       ment which are required by this subsection to be made to the other
31       department shall be referred by the department to which the report is
32       made to the appropriate department for that report, and any such report
33       shall constitute compliance with this subsection. Reports shall be made
34       during the normal working week days and hours of operation of such
35       departments. Reports shall be made to law enforcement agencies during
36       the time the departments are not open for business. Law enforcement
37       agencies shall submit the report and appropriate information to the ap-
38       propriate department on the first working day that such department is
39       open for business. A report made pursuant to K.S.A. 65-4923 or 65-4924
40       and amendments thereto shall be deemed a report under this section.
41             (b) The report made pursuant to subsection (a) shall contain the
42       name and address of the person making the report and of the caretaker
43       caring for the resident, the name and address of the involved resident,

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  1       information regarding the nature and extent of the abuse, neglect or ex-
  2       ploitation, the name of the next of kin of the resident, if known, and any
  3       other information which the person making the report believes might be
  4       helpful in an investigation of the case and the protection of the resident.
  5             (c) Any other person having reasonable cause to suspect or believe
  6       who receives information, believes or suspects that a resident is being or
  7       has been abused, neglected or exploited, or is in a condition which is the
  8       result of such abuse, neglect or exploitation or is in need of protective
  9       services may report such information, belief or suspicion to the depart-
10       ment of health and environment with respect to residents defined under
11       (a)(1) and (a)(2) of K.S.A. 39-1401 and amendments thereto and to the
12       department of social and rehabilitation services with respect to all other
13       residents. Reports made to one department which are to be made to the
14       other department under this section shall be referred by the department
15       to which the report is made to the appropriate department for that report.
16             (d) Notice of the requirements of this act and the department to
17       which a report is to be made under this act shall be posted in a conspic-
18       uous place in every adult care home and medical care facility in this state.
19             (e) Any person required to report information or cause a report of
20       information to be made under subsection (a) who knowingly fails to make
21       such report or cause such report to be made shall be guilty of a class B
22       misdemeanor. 
23       Sec.  2. K.S.A. 1999 Supp. 39-1402 is hereby repealed.
24        Sec.  3. This act shall take effect and be in force from and after its
25       publication in the statute book.