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75-5308f. Powers, duties and functions transferred to and imposed upon commissioner of mental health and developmental disabilities; previous orders and directives continued in effect until revised, amended or repealed. (a) All of the powers, duties and functions of the existing mental health and retardation services and the existing commissioner of mental health and retardation services are hereby transferred to and conferred and imposed upon the commissioner of mental health and developmental disabilities created by this order, except as is herein otherwise provided.

(b) The commissioner of mental health and developmental disabilities created by this order shall be the successor in every way to the powers, duties and functions of the commissioner of mental health and retardation services in which the same were vested prior to the effective date of this order, except as is herein otherwise provided. Every act performed under the authority of the commissioner of mental health and developmental disabilities created by this order shall be deemed to have the same force and effect as if performed by the commissioner of mental health and retardation services in which such functions were vested prior to the effective date of this order.

(c) Whenever the commissioner of mental health and retardation services, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the commissioner of mental health and developmental disabilities created by this order.

(d) Whenever the mental health and retardation services, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to mental health and developmental disabilities created by this order.

(e) All orders or directives of the commissioner of mental health and retardation services or mental health and retardation services in existence on the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the commissioner of mental health and developmental disabilities created by this order until revised, amended, repealed or nullified pursuant to law.

(f) The commissioner of mental health and developmental disabilities created by this order shall be a continuation of the commissioner of mental health and retardation provided to be appointed under K.S.A. 75-5308b.

History: L. 1995, ch. 234, ยง 13; Jan. 1, 1996.


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