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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 confidential communications extend. (a) A patient of a treatment facility has a privilege to prevent treatment personnel or ancillary personnel from disclosing that the patient has been or is currently receiving treatment or from disclosing any confidential communications made for the purposes of diagnosis or treatment of the patient's mental, alcoholic, drug dependency or emotional condition. The privilege extends to individual, family or group therapy under the direction of the treatment personnel and includes members of the patient's family. The privilege may be claimed by the patient, by the patient's guardian or conservator or by the personal representative of a deceased patient. The treatment personnel shall claim the privilege on behalf of the patient unless the patient has made a written waiver of the privilege and provided the treatment personnel with a copy of such 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 to further the interests of the patient in the consultation, examination or interview; ancillary personnel; persons who are participating in the diagnosis and treatment under the direction of the treatment personnel, including members of the patient's family; and any other persons who the patient reasonably believes needs the communication to assist in the patient's diagnosis or treatment.

History: L. 1986, ch. 212, ยง 2; July 1.

Law Review and Bar Journal References:

"Ethics in Handling Medical Records Pre-Suit and in Civil Discovery," James R. Howell, 32 J.K.A.J., No. 4, 6 (2009).

Attorney General's Opinions:

Noncustodial parent is not authorized to obtain treatment for child or receive confidential information about child from mental health center. 91-93.

Confidentiality of identity of community mental health center governing board members. 94-38.

Reporting abuse or neglect of children; persons reporting; duty to report; confidentiality. 94-67.

Sexual predator act is not applicable to juvenile offenders. 94-109.

Act does not abrogate a health treatment facility's duty to protect provider-patient privileged treatment information. 2016-8.


1. Records requested from clinic by defendant were not subject to psychotherapist-patient privilege. Ali v. Douglas Cable Communications, Ltd. Part., 890 F.Supp. 993, 995 (1995).

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