BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JUNE 19,2017,9:00 AM

COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS

1. Update on Valeo Behavioral Health Care, Inc.-Bill Persinger, CEO.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider approval of Emergency Vehicle Permit for Chad Knochenmus for emergency fire and rescue response for Mission Township Fire District/Shawnee County-Emergency Management.

2. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $4,951.11-District Attorney.

3. Consider acceptance of the Treasurer's May 2017 bank reconciliation report.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. CORRECTIONS -Brian Cole

I. Consider approval of request to reclassify Licensed Masters Social Worker positions from a range 13 to a range 15, increasing the starting hourly pay rate from $17.77 and hour to $20.54 an hour resulting in a total financial impact to the FY 2017 detention budget of$39,010.74.

C. HEALTH DEPT. -Linda Ochs

1. Consider authorization and execution of Contract C209-2017 with the Kansas Dept. of Health and Environment for mosquito surveillance and educational materials with funding of$10,000.00 from the KDHE Bureau of Epidemiology and Public Health Informatics from July l, 2017 through October 31,2017.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

SHAWNEE COUNTY BOARD OF HEALTH MEETING AGENDA

JUNE 19, 2017

To be held immediately following the Commission Meeting

1) Welcome - Linda Ochs, Interim Director

2) Food System Assessment- Missty Lechner, Chair, Heartland Healthy Neighborhoods

3) Fetal Infant Mortality Review -Teresa Fisher, Division Manager, Family Health

4) Mosquito Surveillance- Ed Kalas, Division Manager, Health Protection

5) "County Health Rankings- What Will it Take to Improve Shawnee County Health?"­Gianfranco Pezzino, MD, Shawnee County Health Officer

6) Public Comments

County Commission Report

June 19, 2017

Update on Valeo Behavioral Health Care, Inc.

Presented to: Commissioners Archer, Buhler, & Cook

Presented by: Bill D. Persinger, Jr., CEO

T --7---

Financial Report: The 2016 Audit will be reviewed by the Valeo Board on June 26. Once adopted, we'll send a copy. Also, Valeo staff and board are continuing their active efforts to find and implement efficiencies, as well as secure new revenue. An on-going, written plan for financial success is regularly reviewed and modified.

2016 Annual Report: The Governing Board will be reviewing a draft of our 2016 Annual Report. Once adopted/approved, we'll send that to you, along with a cover letter.

Grant-Writing/Fund-Raising/Information: 2017 marks Valeo's 501h Anniversary! To help celebrate our first half-century, we're working on a signature fund-raising event, which is set for Oct 71h. We have secured several corporate sponsors, and continue to seek additional sponsors. Steve Ford, son of President Gerald Ford, will be the honored guest and keynote speaker at that event. Tickets are on sale now for $75 each.

State Funding· and Medicaid Rates: The 2017 Legislature appropriated grant funds for CMHCs for enhanced crisis residential care and to begin replacing funds cut in previous years. As of this writing (June 12), we are awaiting final information about these initiatives.

Crisis Intervention Act: This newly enacted legislation provides for an involuntary placement at local or regional mental health sites for up to 72 hours as a means of trying to prevent an episode of state hospitalization. Please see attached copy.

CARF Site Visit: Following a routine, scheduled April site visit by reviewers from the Commission on Accreditation of Rehabilitation Facilities, we were notified that we were re-accredited for three (3) years.

Thank you for your support of our unique Mission!

1

Senate Substitute for HOUSE BILL No. 2053

AN Ac..,· COJH •. "tlrrtlng th~ U\f'C' and lrt'9bncmt oroc:ortnln peraons; or~a«Jng the cri.~b tntcrvm~· tion ac~ nmcndlng K.S.A. 59.J!ll.'i3, 59-2!l811, 59-29hll3 Md 5ll•21lhBO and K.S.A. 20ltl Supp. 39-2001, 39-2002, 39-2003, 59·2978 and 5Q.29b78 ond repealing the OKirtlng sections.

Be it er~acted by the Legislature of the State of Kansas: New Section 1. The provisions ofseetlons l through 14, and tllnend·

rnents thereto, shall be known nnd mrty be cited us the crisis hJhlfl.'tllltkm act.

New Sec. 2. When used In the crisis Intervention act: (11) "Behnvlorol health professional" Includes a phys:ician, phys:lclon

a.~istanl, psychologist, qunUfied mental he.~lth professional or licensed addiction counselor.

(b) "Head of a crisis intervention center" means the administrative director of a crisis lhtcrwntiou center or a behavioral health professional desil:\lllllt>.d by such perscm.

(c) "Law enforcement officer~ shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto.

(d) "Licensed addiction counselor" shall haw the meaning asc:ribed to it in K.S.A. 5lN!9b4G(d), (e) or (f), nnd amendments thereto.

(e) "C1isl~ interwnlion center" means nuy entity llc:en • ..ed by the Knn· sas dep~~rtment for aging and disahllity services that is open 24 hours n dny; 36.'5 dnys n yoor, equipped to serve voluntmy and Involuntary lncli­viduals In clisis due to meiltnlillnCS~, sum'tanc:e abuse or n eo-occurring ,..,ndlUan, nnd that uses certifl~ peer tpoo!itllsts,

(1): ''Cri.~ls tnte1V61Hioll oonter service tlrea" manns the counties to which the crisi!llntervculion center hJis ngreed to provide sorvice. ·

(g) "Pbyslehul ~ . means 11 person licensed to practice medicine nod surgery as provided for In the Knusas henllng arts n<:t or 11 person who is emplo)'cd by 11 statilt)l;)'cllinlric bo$plto.l or by nn agency of the United Slate$ tmd \\11o is m•tlmri7.()(1 by law to prneUce. ll'lil41clne and SIITg!liY wlthli1 ;such hospnal or ugu1u::y.

(b) "P~ychoklgist" means nllcensed psychologist, us defined by K.S.A. 74-5302, nnd amendments thereto.

(I) "QualiOed mental hll<llth [>mfcs$lonnl" shall h.we the mooning as· crihed til U In l!i:.S.A. 59·21N6<j). nud lllllcndments thereto.

(j) "Treahnent~ means any servk!e lnk•uded to protMte the mentnl htmltb of tho pnlient nnd rendered by n qunliOed pro(essionnl, llc:enNed or certlflcd b)' the stllte to provide suCh service ns un Independent pm<-" l'itloner or uni:ltlr thu supervision of such prncltitiooor; nnd the brood l'ange of emergency, outpatient, b1termedillte nnd Inpatient sel"o'iCc.'' nnd cnre, including dlngtll)stic evrtluntion, medicul, psychlettrlc, pi<)'Chcklgical 1u1d socinl sl'li'VIce care, wcatlonnl rch11hillhttion ;md cnreer counsclhig. which mny be extended to persons with nn nleohol or substnnce nbnse problem.

(k} "Domestic J)llrtner" ilHilllll$ n person with whom another perllon milint;llns 11 homehold nnd 1111 lntimnttt relntionshlp, either tlum 11 [mrsou to whom such penon is ICJ:,'Illly mnrrled.

(I) ''PI1ysiclan assistant" means a person licuused to pmctica medicine and surgery as n physician Ullsistnnt lly tlte state board of henling arts.

N.ew Sec. 3. (a) The~ fact that n person bus been detained for om0T• gency observation nnd treatment under this net shall not be ooustrucd to meon tbnt such [lllrsoll shall haw lost any civil right such pl!I'$On .would othcl'\vise havens 11 resident or clti7.CII,IIll}' llroperty right or legal cupactty, except nil mny be spcwilled 'Yithin nuy court omer or ns otherwise lhulted by the provisions of this a¢t or the I'C\lSOIHible palictes whi.ch the head of .a crisis lntei'Vtllltion cent0r mny, ror good rouse shown; find necessmy lo make for tho orderly operations of that fucllity. No person heM in Clliltody under the proYislc>n,~ of this act sl~ttll be den~d tfie right to apply for 11 writ of hilhlla., corpus. No judicial netlon t~n ns pal't of tho procedure provided in secllon S(c), and nmendm<int$ thereto. shnll <!on$1ltute a tmd· lng by the court.

(b) There shall he no lmpl!cnllon or preSUIII}llkm that a p~~ticmt within the ttlnns of tbis act is, for that I'EWOil ulonc, a person In need of u gunrdlnn or a consoi'VIItot,or both, fill provided In K.S.A. 59·3050 througll 59-3007, m!d amendments theweto.

New Sec. <(. Nothing In thisncnhall be construed to prohibit a person with Cl!pacity to do so .from nm~ing an npplicntion for udnilssion ns a voluntary paliont to 11 criJis inter:Yontlon ccnt0T. llny person desiring to

Senate Substitute for HOUSE BILL No. 2053-page 2

do so shall be afforded an opportunity to t'Onsult with such person's at­torney prior to making any such applicallon, If the head of the crisis inlerventlon t:elltcr ntcepb the ttpplicalion 11nd admits the pel'$0n as a \'Uhmtury patient, then lhe head or the crisis intl!I'Wntion center shall notify, In writing; the person'slegal goordlnn, ir!Cllown.

Now Soo. 5; Any lnw enforcement officer who takes a person !i1lo cnstody t>ursunnt to K.S.A. 59-2953 or 59-29b53, and amendments thereto, may trnn$porl such person to n erliris lutcrvenlion center if the officer Is in a crisis inte'JVention center service area. The crisis intervention center shnll n<Jt refuse to acoept any person fur evnluntlon If such person is brought to the crliris intei'VIlnt!on .center by a law enforcement officer and sueh officer's jurisdiction Is in the oritl$ lnt:lll'\'ention center~s $ervlce area. If a law enforcement officer is not In a crisis intervention center Sllrvico are' or chooses not to transport the pel'$t)ll to a crisis lnteMntion <.'linter, then the offiCI!l' slut!! follow the prOcedures set forth in the c.1re and tre:itment act for persons with an alcohol or·suhstance abuse problem, K.S.A. 59-29b45 et seq., lllid amend111e1Jis thereto.

Now Sec. 6. (a) A crisis lntei'VIlntion ·center mayadmit and detuJn nny person I 8 yoors of age or older who 's presented for emergei1cy obser~ vation and trenlmellt upon the wrltt<!ll npplienflon of tl law enforcement officer.

(b) An emergency ohrervallon and treatment npplicnlion shall be mnde on a form set forth by tho secretary ror aging 110d disability servi003 or t1 loct~lly devcl(lJ)tld fonn npprovti(l by llte iec•·etary. The orlglnlil ap· plication shall be 'kept In tim regular course of husinw With the law enforcement u~ncy, nnd a copy $!1nll be provid1ld to the crisis Interven­tion center and to the patient. 11Je. applicatlou $hall state:

(I) The name and address of the person sought to be admitted, If known;

(2) the ntune and address of the person's spouse, domestic partner or nearest relnlive, if known;

(3) the upplieant's belief that the person may be a mentally m person subject to lnvoltmtary commllment as defined in K.S.A. 5S·2\I<t6, and amimdments thereto, u pel'li<m with nn alcohol or suhstnm,JII abuse pmb.· lem subject to hwolunttny commitment ns defln(jd In K.S.A. 59-29b46, And amendments thereto, or u per.mn witlt co·occnrring conditions, and hccnu~~e< of ntch menmllllne.'IS,nlcohol or subsbmet\ llbuse.prtlblem or CO· occuning oondilimis, is likely ·to enuse hann to self or others If not hn· mediately detained;

(4) the factunl clreumstnncus in b'ltpport of that belief and the factunl circumstances· under which the person wns !liken into custooy, including any known pending crlmlnnl ehnrges; nn.d

(5) whether the person has a wellness recovery action plan or psy­chiatric nclvauce directive, if known.

New Sec. 7. (a) A crlals intervenlion center may <WUlua,to, admit and dehun any person l8)'¢1U'S of age or older who is p~t~Sented ror emergency· observation lllld treAtment upon the written npplicntlon of any ndult.

(b) An emergency observation and treatment application shall be mAde 01\ a fonil set rorth by d10 $tlCretllly for aging and disnb!Jity 30rviCf:S or a locally cluveloped fonn upproved hy the secrehny. The original lip· pl!catltm slmll be liept by the applicant, und a copy shnll be pi'OIIIded to the crisis Intervention center and to the patient. The application shall state:

(I) The name and address of the person sought to be admitted, if known;

(2) the name aud address of the person's spouse, domestic partner or nearest relative, If known;

{3) . the applicant's belief that the person lJiay be 11 mentally ill penon suhject. to lnvoluntnry commitment as defined In K:S.A. 59-2956, nnd amendments thereto, n person with nn ult:ohol or substance nbnse pru!r lem subject to involuntary commitment as defined In K.S.A. 59-29b46, and i\tnondmcnts thereto; or a peoon with C:O'ncel!rring eosidltim1s, nnd bet:l\u:se of sueh me~•tnllllnll.S$, tlloohol at substance abu~¢J.' ,roblcm or ~:o­occurrlng conditions, lr llkely to cnt•se ha\'m to self or others lf not lm· mediately detained: ·

(4) the factual circumstances in support of that belief and tl1e f11Ctual

Senate Substitute for HOUSE BILL No. 2053-page 3

circumstances under which the person was presented to the crisis Inter­vention center;

(5) any known pending criminal charges; (6) any knowntlriM psychll\trlc; nivtllcnl or substance use history; and (7) wltether th~ 11etson has a wcllness recovery action plan or psy-

chiatric udvunce dirll<'ttve, If known. New Sec. 8. (a) 'I1re head of the Clisis intervention center shall eval­

uate a person admitted pursuant to this act within four hours of admission to determine whether the person ·Is likely to . be a mentally ill person subject to bwoluntnry commitment for cure and trentment, as deli'rnxlln K.S.A. 59,2946, nnd amendmtints thereto, a person with an alcohol and substunee abtise problem irubject to lnvilluntal)' cotnmitmentfor !;lire nnd ll'tllltment, as dell11ed In I<.S.A. 59-2!lh46, and amendments thereto, or a person with co-occurring co1KIItimas, nnd boonusu of such mental illness, ru<.'DilOI or substMce abuse pmblem or co-occurring eonclitlons, I$ likely to e~~use harm to sel(<li" others if allowed to remain nt liberty. The bend of tho er~SI.!I inttli'Yentlon center shall inquire whether the person hi\., a '~llnes~r tectivel)' lictlon phm or psychlrttrie .ndvan<:.e directive.

(b) A behavioral health profasslonru shall evaluate a pei'Siln admitted pursu1utl to this act not later th~n 23 ]lours til'ter atlnrisslonnnd ngnin nor Inter thnn 48 houruller admission to dctenniuo If the ll\mOn contin1105 to meet tlae crlterlll described In subsection (a). 11te 23-honr cvaluntion must be perfonned by a different ooluwioral health professional from the one who conducted the initial evuluntlon under subsection (a).

(c) Not later than 48 hours after admission, If the head of the crisis inttm~ntlon C<illller determines that the person continues to meet· the criteri1\ de.,cribed In subsection (a), then the bend of the crisis lnterveu. tlon center shnll nkl nn nffidnVit to thut effect for reVIew by the dl$\ricl ~xmrt itt tho county where the crisi$ intervention ~:enter Is l0e11tod. l11e nffiduvit shall btdude or be necompnnlcd by the written nppllcnliou. for erntll'g(!n<:y ohservntiOn and tl'elltrnent,lnfomllttlml ahont the pel'Son's orlgln11l admt'liiion to the crisis intervention ceillor, the care nnd treahnenl provided to the person, and tl!c fnctual circumstances in support of the evnluntlug profassionnl's otlll\lon that the person meets the criteria de­scribed in subsection (a). Arter reviewing tho nffidnvit and nny nccom. pntlying documentation, the court shall order the relell$0 of die parson or order thnt cho person lllll)' conllnne to be detuined 1111d treated at the crisis Intervention center, subject to subsections (d) and (e).

(d) 11ut beau! of the crisis intervention center shall discharge a persen admitted pUTSuant to thiuctnt any time the person no longer moots the miterla desctibed In subsection (a) and, CX<-'tlpt 1111 provided in subsection (e), not Inter than 72 hours ul\er •idmi~lon. Upon discllnt"ge, the crisis Intervention Clilllet shall make TOii$t.llinbk; ilc'COIIInliJdations for the pili'• son's transportation.

(e) Not later than 72 hours after admission, If the head of the crisis lnteTWntion center delemiines that a tlerson admitted pursuant to this act continues to meet the criteria described In s•tb.~ct.lon (a), then the hood of the crisis intervention center sl1ull lmmedlntely llle the petition provided for In K.S.A. 59·2957, and amendments thereto, or K.S.A. 59-29b57, and amendnieails thereto, nnd shnll llntl .a(ltlropriRie placelllCilt for tho 'indivkhud, including. but not limiled to, c:omanunity hospitals equipped to tnlm lnwluntal)' commitments or the designated stnte h05· pltal. If the 12-hm1r perlod ends nfler 5 p.m., then the petition must be filed by tbe close of bnslnes.~ of the firSt d11y thorenfter lhatlhe dl.!llrict i:ourt Is open f<lr'the transaction oflmslnc5s,

New See •. 9. (a) Vl'lienever any person Is im'Oluntnrily admitted to or deta.lned at n crisis lnterven«on center pursunllt to this act, the head of the crisis lnteJWntlon center shall~

(l) Immediately ildvlso the person In custody thllt such j)e11ml ili en­titled tc> lmmediurely eontllcf the penoil's le!!ul IXllmsi•l, legal guardian, personal phy$lclnn or psyeliologist, minl$~er of mltgltin,lncludlug n Chrilf­tlan Science practitioner, or linmediute family as defined In subsection (b) or nuy combination thereof. If the person desims to muke such con­tnct, the head of tlut crisis Intervention center shnll make awllnble to the person reasonnble means for making such immediate communication;

(2) proviclo notice of too p_crson's Involuntary ndmisslon Including a copy of the documentation auth0rl1.1ng the lrwtuntary admis5Jon to that

Senate Substitute for HOUSE BILL No. 205~page 4

Jlel'$01($ nttnrney or lugnl ~ardian, illlmt>diately upon learning or the crusten<:e nnd wheroabouts of such attomey odllb'lll guardian, mtlcss that nltoriu.ty or legnl gunrdinn Wll:1 till.! person who signed the npplicnllon r()SU(t!ng In the Jllttlent's ndml,slcm. lf nuthorlmd by tho pattamt.r.ursu1mt to K.S.A. 65·5601 through 65·5005, and amendments tlteroto, tire hend or tl1e crisis intemmtlon center nl$0 shall provide notice to the pnllenfs hiimediate family. llS denned in subsection (b), Immediately upon lliam· ing ci( thC! existimce m1d wherenoonts of such family. uatluss the fnrnily memhor to bo notified WllS the person who signet! the application res11lt· ing In the pnt!ent's admission; and ·

(3) Immediately ac!Yise the person in custody of such person's rights provided for in seCtion 14, and amendments thereto.

{b) "lmmedlnte family" means the spm••e, domestic partner, adult children or children, parent or parents, and sibling or siblings. or any combination thereof.

New Sec, 10. {n) Mcdlcntions 1111d otlw:r trenhnel'lts shall be pre­Jerilxtd, ordered and ndn\lnistcrcd rmly In conformity wiib ncceptcd clln· lcnl praclico, Ml!dlcntion simi! be ndmlnistered only upon the wliltetl order of n physician or upon a wronl order noted In tho putltml's 111tldical records and subsequently Signed by the physldan. The attending physi· clan shnll re\'i~ regularly the dnig reglmeia llf ench patient ut'idcr the t)hyslclan's cnre 4ntl shall monitor any *)~nptcm• llr lmnnful Side ofT1.'CIS. J>ros<irlptions for ps)-d'iotruple metllootions shall be written with n ter· minatlon date not exceeding 30 days thereafter, but may be renewed.

(b) During the course oftreatmt>nt,the lilSpOIIsi!Jle ()liysicinn or psy· cholpgist or suet• person's dMfguoo shtill rei!SollaJ,ly C(lnsnlt with the l)a• tlent or the pntienr.s logal gunrdinn and give co•l$lderadon to the vlews the .pnUent or legal gunrdlnn expresses concerning treatment and ony nltematlw.,, Including Views expi'eilse.d In any wellness recowry. Act!oli pla1i or flSYChlatrlc adl'lnloo dlnictive. No me.dlealillll or other trel\tanent may be 'ftdmhllstetcd to any voluntary patient witho11t the patient's con­sent or the consent of $i1ch patient's legal j,lll~trdhul.

(c) Con$Cnt formoolcnl or surglcnl trelltmentli not intenckd primarily to trent 11 (.lntlent's lllelllnl disorder shn\1 be obtail)ed in Uct()tdiul<:e with applicable law.

(d) Whenel'llt 11 p.ttlent rcceMng tre1\ttmmt punuant to this nci ob. .)eel$' to tnklng any tlllidicntlon prescribed for psychiatric treatment, nnd afte\' fuJI eXt>lnURiiOn or the bcntdlts and riSks o( such medfcntlon $UCh objection continues, the medication may be administered over the pa· lient's objection. Such objection shall be recorded in the patient's medical record.

(e) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with section 12(a)(6), and amendments thereto.

New See. 11. (II} Hestrainls or seclusion· shall not bo applied to a pnflent tmklss It Is detennlul!d by tilt! htmd of the erislslntervention center or a physician or psycbologtst to be ncoossnry to prevent hnmedlnte sub· stanlittl bodily Injury to the patient or <lthers nud that other altemaliYG methods to prevent such injury are not sufficient to accomplish this pur· pose. Restrnln~ or secltlsion sha!lnewr be u:rod as a punishment or fur the convenkntce. of stafT. 111c extent or the te3ttulnts (lr secluilon .npplied to tbe pnt!~;~~~t shall be ll1e Joust restrlctlYG measure neccm;ary to prevent such: InJury to the patient or others, and the usc ofrostrnlnt or Sllclu$1oli in a crisis intervention center shall not exceed three hours without medical reevaluation, except that such medical reevaluation shall not be required, unlet:~ necessnry, betWI!Cn the hours of 12:00 midnigllt and 8:00 a.m. When restrnh1ts or seclusion are applied, them shall be moliltnringuf the patient's condition at a freqnen(iy iletllrmined l>y the treating physiciatt or psvcl10loJt1st, which shall bo no less. than once per cneh 15 mfnutes. Th.~ htmd or the crWs intel'\1ilntilm center or 1l pb)iirichm or psychologist shall slg~• a ~inlemcnt ~lninfng the trcatnlGnt necessity for the 11se of any restraint or sech1sion and shall make such statement a part of the permanent treatment record of the patient.

(b) Tho provisions of subsection (a) shall not prevent, for 11 period not exceeding two hours without review and approval thereof by the head of the crisis intervention center or a physician or psychologist:

Senate Substitute for HOUSE BILL No. 2053-page 5

(1) The usc or such restraints as n~l')' for a patient who Is likely to cous6 ph)'$lcal h\juryto self or others wttbotil the use of such reslmlnts:

(2) the. use of restraints when n~ded primarily for examination or treatment or to ensure the healing ptOCCS$; or

(3) t11e llS6 of seclusion liS part of a tTCIIlment methodology thnt calls for time out wheo1\ the piltlent ti· ref1uh1g to participate in tronbnent or has beoome disruptive Of a treatment process.

(c) As used In this section: (1) ~Restrnlnts" means the npplk'Rtion of any device, other thanlm­

mnn furce alone, to any (lnrt of the body ofthe p.llient fof the (lllrpose or pre\'Uilting the patient. From causing lujnry to self or others; nud

(2) "seclusion" means the elacen:sent of a patient, alone, hl a room, where the patient's freedom to lenw Is restricted nnd where the patient is not under oonlllluous observation.

New Sec. l2. (n) Every pntienl being treated In any crl$l$ 11\t~.Wention center, In addition to ullothcr rights proserved by the provisions of the crisis lntcf\'Uiltiou act, shnll haVIl the following rights:

(1) To wear the pullent's own clothes, lwep and usethepatlcmt"sown penonnl pos.sessions. Including tolletnrlie:les, and Jwep And be allowed to spend the pntieut's own ll'IOI'Ie)': .

(2) to·!.~llnmunlcuto by nil rCIISOllnble means with a reasonable num· her .uf pei'SI)ns at reasonable hours of the day and night, lndudlng both to nuike nnd receive oonRdentinl telephone enlh and by letter, both tu mail and receive unopened OOTT0.'>1:101ldtince, except thnt I r the hood of thil crisis lnterwnliOil center denies a patient'$ right to mall or to r~'t!l\ou nnOJ!Cned COI'I\!$tJU»denee under the provisions n£ subsection (b), such correspondence shall be opened and examined in the presence of the patient;

(3) L'Dnjugal visits, If facilities are available for such visits; (4) to receive visitors in reasonable numbers and at rea.,onahle times

each day: (5) to n;ruse lnvaluntnry labor other tlnt)l the housekc:eplng or the

pntii.mt's own bedroom imd bathroom, provided thalnothhig Ttvreln shall bo <.'onstrul!d to prollll* n patieltt from perf9mllng labor liS part of a therapeutlo program to ,\llllcll the patlellt bas given their written consent mld for which tho patient ·recmvcs reiiSonalJ!e compensation;

(6) 1101 to bo st1bje.et to such procedtll'eS liS psyeh~»utgery, eloetro­sh0<:1c tl1ernpy, experlmentaltnedicatioo, liVCflllon thernpy or 11at.41rdoos treatment (li'OI.'<ldures wtthm•t the writtM coll.<;ent of the pntiC!IIt;

{7) to l1liVC explnined the nature of. all medications prescribed, the reiiSOn for the prescription and the must common side effects and, if requested, the nature or any other treatment ordered;

{8) to oomtnunlc.ato by Iutter with the secretlll)' for aging and dis~~· bllity servlce.s, the head of the crisis Intervention C\llllor nnd nny,court, attorney, physician, psychologist, quali6ed. mental htmlth proresstnunl, 11· oonsed addlcllon oonnsclor or minister of religion, htcludlng n ChrisU11n Sdence pn1c:tllloner. All $11ch ooromunlentlons shllll be foi'Wl\l'dod at on<:e to the ilildressee without examination and oororourilootkms from ntch persons shall be delivered to the patient without ex.amination;

(9) . to c<ilit.u:t and consult priV(tte\y with the pntitmt's pb)'$lclan, psy­c],ologlst, qmlllfkld mental beliltb protessionid, licensed nildlction c:nun­selor, minister of rellgion,lncludingn Christian Sclenceymu::tllioner,lcgal gmitdhln or attorney tit nuy tltnt)l

(lO) to he vl:ritoo by the patiedt'st>hysician, psychologist. quullfled mental hoolth pro(esslonnl, llcenwtlnddltlion counselur, minister of re· llgtun, Including tt Chrlstlnn Soi011C11 pn~Ctitioner, legal guardinn or nttor• ney at any time;

( 11) to be lnronucd ornUy and In writing ofsuch patient's rights under this section upon m:lmlsslim to a crisl$ Intervention cenklr; and

(12) to be treated humanely, consistent with generally accepted etldcs and practices.

(b) The l1end of the crisis lnterwntlo11 eenler IIlli)'; for good cume only, mtrlot 11 patient's rights under this l>!.'Ciion, ~opt that the right& onumcrnted In subsection (aX5) thrtn1gh (12), and the right to mnllnny oo~ndcnce that does not violate postal· regulations; shall not be re­strict«! by the head of the crisis hnervc11tion oonter utl<ler m1y circnm­stances. Each erlsls lirtervtmtlmM:enter shall ndopt policies gtm!rlling tho

Senate Substitute for HOUSE BILL No. 2053-page 6

conduct of nil patient$ being trooted In such orisls !ntervimtion et~nter, whldt regulntli:ms shalt be ci:nlbistent with tho pi'O\'i$lons of this section. A sllitemiml explaining the tea5uns lbr uny restriction of a pn!li1mt's rights shall he immediately entllre<l on such patient's medical rt.ooord nnd eopies or snell litntement shnll be made nvnilable to tl.m patient, :md to the pa· tlent's attorney, In addition; notice of any restriction of n p11tiun!'s rights shall be oommunleated .to the patient in tl timely llltlnner.

(c) Ariy person w!llrully doprivlng any p~~tlcnt of the rights protected by this section, cX®pt for the restriction ofslll:h rights in acoordnncewillt the provisions of suhseefioll (b) or in nccordanoo with a pmllerly obtained oomt ordet·, shall be guilty of n clliSS C mbderneanor.

New Sec. 13. Any district court reoords and any treatment records or medical reoords of any person who ha5 been admitted to a crisis in­tervention center pursuant to .this act that are ln the possession .of UllY dn;trlet court or crisis intervention 0011ter treatment facility •hall be priV:­llcged and shall be not dltiillosed oo:cpt M provided under r<.S.A. 59· 2979, nnd amendments thereto.

New Sec. 14. Anr person or law enforcement agency, govcmlng body, c:risls intcwentlon 1:-'ellter, communlly mental hoolth eenter or per­S(lnncl nctlug In good· fnilh and without negligence shall be free fnni1 all lll1bility, civil or criminal, that might nrlso <)Itt of nctl11g or doolinJng to not pursnnnl to tile erisls intervention net. Any .person who, for a comtpt OOtl$lderu!lon or ndVlllltnge, or through mnlioo. shnll .rnake or jOin In J!lnk­lng or advise tlte making of llll)' fnlse pctlt!on, re[mrt or order proVIded for In the crlsL~ intervention net, shnll bu guilty of n clMs A misdemeanor.

Scc1. IS. K.S.A. 2016 Supp. 39-2001 is hereby amended to read a.~ follows: 39-2001. 11t~ purprue of thl$ act Is the d!Welopment, establish­ment ttnd enf~ment ofsmnclt\rds:

(n) !?or the care, lrenhmmt, health, safety, welfare nnd c:omlhrt of iltdiv!duals residing In or receiving treatment or services provided by res· identiu\ care lhcilities, residential nild day suppiirt fac:llltles, priv;tle and public psycltintric hospitals; ps)'Qhinlii!i re5ldcntinl trenlmcnt fnciliti(IS, commtmlly ntcntlil hooltlH!enters, criNI$ inlcroonHcm cclllcl'!l and provid­ers of othllr disability servlees licensed by. the secretal')' for aging and dlsnbtltty servlees; mid

(b) for the constructlnJ!, mnintenance or operutlon, or any combina· tlon thereof, of fncllttles, ho~pitnls, centers and tlr<tvldllT$ of servlees that will promote sa.fe nnd adcq~~nte ncconunodaUon, <mre am! treatment of such lndlvlchmls.

Sec. 16. K.S.A. 2UHl Supp. 39•2002 is hereby amendl:id to relld as follows: 3!.1·2002.. As 11:100 in this net, the following terms shall hnw the meanings ascribed to them lu this $cellon:

(a) "Center" means a community mental health center or crisis in­tervention center.

(h) "Cormmmity men~al h~mlth ¢enter" .m~mns·11 ¢enter Pl'ganl~ld putsrnmt to article .40 of chnpt.er 19 oF .tl1e Knnsns Statntes Am1ot'ated, lllld amendments tlnireto! or nn!l,mtlllllt!llltb elinic orgnniY.Cd tlntsuant tu article 2: ofcltnpter 6Soft1e Kansn, StatuklS Anllotated, and ame.ndments time to.

(c) "Cli;ds lntemmtlonecnlcr" metm.v on ·enlily tlu# l:l C1pe!124lwrmt 11 tli11J,. 365 dll!fk 11 !Jiklr; oqulpptUI tc mw ooltmtury tmd inwlmtlitl!f lntlluklr111ls in ci'I,Yls due tp mcillol/llnli-t:S. Sltbstttncc flbttse (Ji' ~C11rrlng condfUons, tmtlthilt. U$0$ certljlcd $J?twlalbl:r.

(d) "Department" means the department for aging and disability services. ~c) "l!'acillty" n1oons 1111)' pln''Cl nther than a oonter or hospitnl thnt

meets the requirements as set forth by regulations created and llClopted liy the sceret11ry, where lndMdunL' niildu (\lld t"Ceelw treatillUIIt or serv· lee!J P.lpvidcd by a p!!rson or entl{Y.!lcensed under this net.

f,o1(f} "ll«»J?Ittil" means a psychl11tric h011pital. ~g) "Individual~ means a person who Is the recipient of behavioral

health, lntellectnal disabilities, developmental disabilities or other disn­bllity Sllrvfues RS set fortlt In this act.

tg)(h} "Lf<ien~" mlllllll one or more t>ersons or entitles lleenscd by the secretary under th iam.,t.

erl{J) "Licen&lngngcncy" me!llls the secretary for aging and disability services.

Senate Substitute for HOUSE BILL No, 2053-page 7

~) "Other dtmbilltles" 1i:lellns any condition for which Individuals recel\oe home and community bused waiver ~rvlces.

(fo(k) "Provkter" nieons a person,pnrtncnhtp or corpomllon employ­Ing or contMIK:tlng with appropriately credenUnled (>C't'$ci!IB thlll proVide behavlornl hllalth, excluding substnnce use disorder' services f<lt purp0$CS of this act, lnltiOectnal disability, dovelopmental dlstlbiUty or .othor dbu­hllfty services in nctardnnce with the rcqulrements liS set forth by rules und regulations created nud adopted by tl1e gecrorory. ~l) "Psycblutrlc hos[tlhtl'' menm an lnst!tutlo•l, lll<Ciuding state In­

stitution.~ fiS·dcllned In K.S.A. 76.12a01. uild amendments thereto, that Is primarily engnged In tmwidlng services, by and under the tttpervision of quaJIRed professlonnl.1, for the diagnosis Md treatment of rnilfltaJiy ill IndiVIduals; and the Institution meets the licensing requlrerne1its n.~ set forti• by rules· and regulations crontcd and adopted by the secretary.

AA'n•) "Psyelrlntric r~dentinl troalmlllit facility'' mean~ uny non-hos­pltnl facility wilh a proVider agreement \Vith the licensing agcn<.')' to pro· vltle the Inpatient services for Individuals Ulltler the llgll of 21 who will receive highly stroctured, ·intensive trentmeut for \vh!ch lhe licensee meets the' requli'ements as set forth by regulations created and adopted by the secretary. ~11) ''Rcsicll!nt.inl care fnclllty" means nny plnce orfaclllty, or a con­

tiguous. portion of a plnce or facility; ('l'O\'klln,g services for two or more lndiVkluiLis not rebtlid within the thim degree of relationship to the ud· mlnistrntor, proVider or owner by blood or mnrrtage uud wl1o, by choice or due to ruuctionalirnl)llh'Tilent1, may need personnl care and ~ilpcrviS<id nursing ·CUJ'G to compensate for ~~etMtles of dnily living 11mltallon,~. and which place or facility Includes individual living units and provides or coordhUIIes J?.01'SOilll) Care or Supe,rvlsed llllllling CftrO 11'11\ilnblt! 011 II 24~ hour, seven-da~-week basi$ for the support or 1111 individual's lnde­pendcmce, including crisis re.~ldentjal care fncilitlo$. ~ o) "Secretary'' means the secretary for aging and dimhility serv­

ices. (#)(11) "SeT\1Cf>.s•· means tl~ following types of bc!lnwiotal heulth, In·

tellootual disability, developmenllll disRhility and other disubllity serYices, lncbcding. but nut limited to: Residential Sll)lp<»rts. da.y supports, care t'OOrdinatlon, oasemanagcment, workshops, shnlte'l"«l domiciles, educa­tion, therapeutic Sl.lrvices, n.~seuments nnd ewluntiom, · d!ngnostJc care. medielnnl support and rehnblllmtive scl'\1\ces.

Sec. 17. K.S.A. 2()16 Supp. 39-2000 ls hureby amended to rend n.~ follnws: 39-200!3. (a) In nddltion to the authority, powers 11ntl duties ut},. erwlsc prolilded by law, the secretnry sbnll have the (allowing lllllhortty, po\vcrs ami dulles to:

(l} £nlonoe 11~ !11\YN relntt!n to .the hOSjlltulb•.ntion of mentnlly ffi ln• clMdunl~ or this state In R (' lilltrio hospital and the dlngnosls. care, training or treatmeutortndlvl uals reccivlugsorvices through community menml health ccntelll, crW& lfitilrvtmtltm COilllll'$, psyeh!Rtrle residential treatment facilltios for indlvidu111s \vith mental lllne.,s, resld,~nt1al care facilities or other facilities and services for individuals with mental illness, intellectual disabilities, developmental disabilities or other disabilities.

(2) Inspect, llto~nse, certify nr III!Credlt centers, r.·ll~llitles,lrt:ripltals and providers for Individuals with· mental illneas, lntellcttuRI disabilities, de­vuloplncntnl dlsabilltillll or other dlsabililiCII pu~t to federallegl$la• tlon, Md to df!lty, suspend or revoke a license gmnted for cnutet ~hown.

(3) Set smndards for centers, mcilitles, hospitals and providers for lndlvldMl$ Wllh mental illoess, il\t<lllectunldlsabillties, devclt>pmental dis­abilities or otl..n- dJSabllrues ,,u11!urint to fede.Uil.cgiila:tlim.

(4) Set standards for, Inspect and liwnse all providers and rt\tilities ror Individuals with menmllllness, tntellootunl disabililles; tlevelopmental disttbllitlet or other dlsnblllil41$ ~vlhg uslstllnce through tl1o 'Kansas depnrtment Cor aging lind disability sei'vl<.'es whiCh reooiVe or have re­t'tll\'l!d nl\er juno 30, 1967. nuy state or federal furids, or f~lllies whure lndMdunls witlt mental illnc$S, intellectual disabillliClS ot developmentnl disabilities reside who I'O{Jitlre llli(ICI'\1slon or require llmlted o.1SlslanL'<t with the taking of mmllcnlion. 111e sccrett~ry may adopt ntles lind regu­lations that nliO\v the fi1cility to 11Ssl5t M individual with the laking of medicntlon when the medication is in a labeled container dispensed by n pltarinnclst.

Senate Substitute for HOUSE BILL No. 2053-page 8

(S) Enter into contmcts necessary or incidental to the perfonlliUICO of the. sec:tet1\ry'S dulles and tlttt execution of the secrol'luy's poweTII.

(6) Solicit and ~t(l()ept for 1ts<l any gift <Jf money or propurty, r'elll or ]:l<frwtml, made br wlll or .otherwise, and any grant of inoney, services Dr proPQrty from the federal gl,IVemment, the stnt1Lor any (lQI!IlCIII subdM­slon thQreOf llt any privnte source and do all things necessary to cootlilinle with the fedeml government or nny of lb agencles In making tm appll· cation ror mty gmnt. . ·. .

(7) Administer or SllJlCMs(llhe adtnlnlstrntion of the provisions re­lntlng to intllvMmm with mental illness. intelle,-tuJII dl!inbllilfes, tlewlop­meJ\tal <llsnbllltlll$ or other disabilities pursuant to (cdemllegMlltlon and r~ttlntlons.

(8) Coordinate activities and coope111te with treatment providers or other facilities for those with mental lllnc.~s. Intellectual disabilities, de­velopmental disabilities or othar disabilities pursunnt to federal legislation and regulations In this and other states for the treatment of such individ­uals and for the common oovniwement of these programs ami facilities.

(9) Keep rocor«s, gatlier relevant stnllslics, and mnke lllld diSsilininnte llllnlyses or the same.

(10) Do other IWts and things necessary to execute the authority ex­pressly granted to the secretary.

(h) Nonvtthstandhlg the existence or pursuit of nny other remedy, the secrotary for aging and dlslibllity sorvlcos, as the licen$iug o.geuey, In tho manner provided by the Kausas judloiul rovlew act, may mlllntnin nn action in the name of the state of Kl\nsas for an Injunction agnlnst nny pel'$0n or facility to rest ruin or prevent the operation of n i'c!..~l®iltlal CMe I'Rcility, crisl~ residential cnre facility, privllt~ or publlcpsychiutrie h()Spital, ps)'Chiutri<: t¢~idl.intlnl tn.10tment facility, {irovidcr of servt~. comwmily mental hMlth eeJ\ter, crllri~t itTW!wntfon center or nny otl1er facility l!l:l:l­vldiug sen'lee$ to llldividu.als without a lleeuse.

(c) Reports nnd infonnation shJIII be furnished to the.&et.'l'Chlry by the snperlt:ih'llldents. exll¢1itlw or other ndrninlstmtMi officrel's ofullt)$:)'elll~ ntrlc hO.~pltals, .cominonity mental health centurs; crlilslntwrtiention -~ ten or flleilltles setvlng llidlvidunls \vitlt intellectual tK~nbilifles or dev¢1• opment:al dlsnblllties and facilities serVing other disabilities receiving assistance through the Kansas department f()r uging and dlsllbillty S'erv" ices.

Sec. 18. K.S.A. 59-2953 Is hereby amended to rond as follo\V$: SD-2953. {a) Any lliw enfoJWment oflleer who has a rea.,onnllle belief formed upon ln\'esdgntlou that llJlilrson 1$ n nJCnlllll)l ill person nnd l>ecatlSe of simh pe~on's mcntru ilh1ess Is likely to cnuse hnn11 to o-clf or otherB if aiiO\Ylid t'O remain at liberty mll)' talie the IJCTSOII Into custooy without a wnrmnt. Tf tile ofJWqr 18 In a crltl8 flitert:entimt Cllnler oll!l'lltt:ettl'litl, a$ du.fl. ned tn tecllon 2, ollll amcndmcnta tlien.1o, lfll:o C!lr may tranSJJOrl tl!u pen~on to 1mch crisis llltmwntlon cenicr. If the r Is not In a crisis tntcroc~ltll)nlltlrvlce aretl, a11 dcjl11ccl.ln seal<m Jl, a mtwnrlmt~nls thereto, rn" does not choose. to tnmi!p(lrl tltll pt:rwn to &~tell crl.fia interocntfon cell/e:r, tlnm ~he officer shall tmnsport the pel'$011 to a tr~tnmnt facility where the person slmll be esnmhted by n physicillll or psych(llogist on duty nt the treatment fneillty, es¢ept thnt na ptn'$Oit tball be ttlinsported to n stute psychlnt:ric hOllpilal for e~minntlon. unltl-~s n written statement from a ({nlllllled mcmtullienlth professional autbori:r.ln~ such 1111 evnluntlon at a state psyclllatric hospitallms been ohhline!l. tr no physlclun or p$7• choltlgist Is on duty ru the time the }lCrSoli Is tmnlportoo to the lretltment fncillty, the }lCI'llon shall hil exumlned Wltlthl n reauonablo thnc not to cxcood 11 hoors. lf a written statement is mll<le by the ph~iclan or psy­chologist at the twAtlment faelllty that after prelhninnry·oxnminatlon the physician or psychologist belle~1!11 the person lilcely to. be a mentally ill pel'lion snhjoot to lnvOlnntnry commitment for cai'e nnd trcntment and because of tho person's mentnl illness Is likely tOC4\USci harm to self or others if allowed to remain nt liberty, und If the trcnlmenl fnellity I$ Wl1ling to ndmlt tho perscm, dm lnw criforcelllCnt officer shull present to the trentmcnt facility the application prov!de.:l for In tub!eeti<m (bl ofK.S.A. 59..£954(b), and amendments tllereto. If the physician or ps,YIIhologist 011 tloty nt tho t·rentlllCiit rncllity dOll$ not helieV!I tho £1\lm'lll Ukely lo be a mentally ill person subject I() hwohmtiuy comtilibneilt fur care and tnint· mont the lnw enforcement officer shnllrcturo the person tu. tit~ place

Senate Substitute for HOUSE BILL No. 2053-page 9

where the person WI\$ tal«tn htto custody and relcm5ec the person at that phlee or at Mother phlee In tbe. same cotmYumity il-' tcque,·hid by the person or if the law enforcement oCfJCCr belie\1011 that It is nol in the be~1 lntei'e$ts of the person or the person's family or the general public for the (W®II to be rctum(.'tl to the pliiC(l the txtrson \VilS inken Into custody, th!ln the pel'lion shnll bo relei\Sed at another pi :lee the law enforcement officer believes to. oo approprlnte undnr the elrcumstnnces:. The person may request to bo relensCd hnmedilltely after the examhmt!OII, in which ''ilso the law enforcement offiecr sballlmm"dlaooly relei\Sil the pti'non, miiCSs the lnw .enforcement officer belii.Wii! it Is ·In tho best Interests of the person or the llersOlt's fatnily or the general public that the person be taken ebewhere for release.

(b) If the physicinn or psyehologi$t on duty lit tho treatment fm:illty states that, In the pll)'SIIll. nn'soq~syehologist's opinion,.th. e person is likely to be a ll\CIItally ill pel'SOll l!1lhject te! im"Oiunlluy eomrnttment for cnre and treatment but tho trenhnent facility Is unwilling to admit the twrson, the trelllm(lllt fncllity shan nevertheless provide a slii.table pl-at which tlle person IIIli}' be detained by the lnlv enrorcement officer. If (I law citfort:ement i'>fficer detains a~rson r.ursnantto tltl, subsection, the lnw enforcement <!Cfteel' shrul file the petition provided for in $tt~~cUon .fn) of K.S.A. 59-2!}57(ri), and llll\CtHimeniJ thereto, by the close of business of tlulllrst day thatthe district court is 0!1011 ror the tnmsactlon of business or shun releasu the person. No rerson s mil be dctnined by nlnw enforee­ment officer pursuant to this subsect!cn In n nomncdlcnlfncility use<l for the detention of persOllli chargt..>d wltl1 or convicted of n crime.

Sec. 19. K.S.A. 2016 Supp~ 59·2978 Is hcr~by ntn~nded tu read II$

follow•: 51).2978. (n} Every patient being trt:ilted lnany trenlment facility, In addltiun to all other rights prll;S(lrved by tluJ provlslout of this uct. sh:tll have the following rlghb::

(1) 'l'o wear the pntienl's own clothes, kt-.ep and IL>~e the pntinnl't own pers01n1l posStmions Including toilet artle:les and keep nnd be allow<!d Ill spend the patient's OWh money:

(2) to commu1li¢11lo by all rllii$Onnbl<! menns with a teii$Ollllhle num­ber of person:> at reawtmble hour.!, of the day and night, Including both to rrmlce and recol\11 COltAdentlal telephone calls, 1111d by letter. botlt to mail and f(l()eive unopened correspandencie, except that if tho head of the treutm~nt facility should deny 11 patient's rigl1t to mnil or to receiw unopet)ed corresp011dence under tl1e provi!I!Olts of stibseclkm (b). such correspondence ihnll he opened and examined in the presence of the patient;

(3) to conjugal visits If facilities are available for such visits; (4) to receive visitors in reasonable numbers and at reasonable times

each day; (5) to refuse lttvoluntary labor other than tile hot~>~ekeepiug or the

patient's own bedroom nnd lmthroom. provided thnt nothing heroin .shall be constn•ed SQ i1ll to prohibit a patient from performing labor illlll puTt of n therapeutic progrntn to which the plllieltt lms given their written consent and for which the patient receives~ reasonable 00111p0rt:mUon;

(6) not to be subject to such procedures II'S p~hosurgery, electro­shock therapy, experimental medkmllon, ll\"Cl'idon therapy or h111.11rdous tt·caboont proeediuoes without the wrllfM c:onsent of the patient or the written consent of a parent or legal gnoi'dlnn, If such p41Wnt Is a min(ll' or hu a legal prdlnn proYkled that tho g~u1rdlan hilS obtained mtthority to consent to such from tho court which !IllS venue over the gtulrdl~nshfp following a hoortng held for thai purpow.

(7) to have explnlned, the nattm.1 of allmedk:at!oM pre,wrlbed, the rea.~on for the preu:rlptiil:n and the nl!at c6mmot> side eiTects tll!d, if requested, th~ nature of any otlter treatments ordered;

(8) to <imnmunloote by letter with the SQCretal')' (or aging nnd disn· bility servi~, the bend of the trentmet.tl fncllity und any court, attorney, physfclllll, psychologist, qnal!fted IU!'11tollleoltfll1rofumonal or minl$ter of religion, including 11 Christian Science prnclllionor. All h1IOO oommu­nicatloru shall be forwarded at once to the addressee without examination and Cllmrntmlcntlon$ from such persons shall he deliwred to the patient wlthout·~mlnatlon;

(9) to con\oot or consult privately with the patient's physicinn or psy­chologist, quoltjled mental health wofemorurl minister of religion, In-

Senate Substitute for HOUSE BILL No. 2053-page 10

eluding n Cltrislian Sctenca pnwtitioner, legnl gunrdlau or attorney at nny time and if the patient Is a minot, their parent;

(10) to oo vistt«< by the putlenf$ phrslcl\lll, psychologist, q11alfjll!(l nlttlf11l Ileal IIi 111'1'1/~lcmal, minister of religion, including a Christlllll Sci· enll<> jmlclltlclller,legnl guardian al' nttoiney at any time nnd If the patient Is Jl minor, their parent;

(11) tu be informed orally and In writing of tlieir rights t10der this section upon ndmiS&Ion to atreatmo'l\t fncility; and

(12) to be trented hnm1111ely con$istent wlih generally accepted ethics nnd practices.

(b) Tho lnmd of the treatment facility mtty, for g«XI oau.w only, re· strict A pntlellt's rights uJtder this section, except thnt the rights onumer· ated In subsections (a)(5) tlmmgh (a)(12J, ru1d the right to mail any cor• respcmdenm which does i\qt violute J:'IOS.\nl regt1lations, ~hall not be rc.~.tricted hy the head or tho treatment facility under any circumstances. Each treatment raeility shall adopt regulations governing the conduct of all patient$ beiug I rented tn suelt trenhilenl fiiClllty, which regulations ahall be cilli$l$tt>Jlt with the pmvl!ilon! of this. ~Ctl(m. A sill.tement cxplulnlng the l'liasotu for nny restriction of u patient's rights !ihnll btl hrunetlintel)' entered i»1 such patient's medical record nncl CQ{IIes of such statement shall be made IIVnilable to the patient or to the pnrent. or legal guardian If such patient Is a minor or has u legal guardian, mid to the :patient's rtttomey. In ndditfon, notice of nny tcslrictlon of a patient's rlgtltli $hal\ btl communicmod to the piltiel'it In nllmely faslliotl.

(c) AllY (lll~l\ Willfully deprMng lillY pnlient of the! rights. protected by this section, except for the restriction ofsuch rights In II(.Wrdancewllh the provlsiOrl$ ohu lisecllon (b) or ir1 nceordanoo \Yith a.pm(lllrly obtained court tlrtler, shill! be guilty of 11 elnss C misdem(l!lllor.

(d} The pl'Ovlslon$ of this $1ltlfon do not apply to person$ civilly com· mitted to a treatment titcllity as a ~ally violent predator pursuant to K.S.A. 5fl-29aQl ct $f:l(J;, 1111d IUIIondments thereto. . Sue. 20. K.S.A. 59-2980 Is hereby amended to read as folluww. 59-2980. Any person or law anfmy;emenl agencu. gooomlng body, oonmumUy mel! tal healtlt canter or· porsom111T ll(.'flng In good fi1lth and \Yithout neg· llgcnce shall he free from all liability, civil or cnmlnal,-whieh dlht might arise out of nctl~ or dtlc/lnlrtg to oct pumuuit to this acl. Any(lllrson \Yho (or a com1pt COI\illdemtlon or advantage, or througl1 malice, shnllmnke or join In making or n<Mse the muklng of any false petition, report or onfer provided for In this net ·shnll be guilty of a class A misdemeanor.

Sec. 21. K.S.A. 59-29b53 Is horeby mMnded to road I1S follows: 59· 29b53. {a) Any law enforcement ol1lcer who hns a roasonahle belief fonnetl upon lnwstlgntfon tbat n~ll«lnmay be a person with an nlcuhol or subst~nll<> abuse llroblem sub j!Ct to lnwluhilll}' ~mltmenl nnclis lil;ely to causa harm to self ot ot crs If nllo\Wd to romnln nt liberty may tnke the tlCitsoJIIuto cll~t<ldy with011t 11 wnrrant. if tho ufflcor f.t In 11 crist.' lntorlllmtlcm center serotttr an.rn, m cfejlr1ed In section ·2, mulamlm(lmcnt~ thertrto. tht ofjlcor nwy tl'Ofi~Wrt lltf porw11 Ul .tnch crnl~ intci'vilnUon IWIItlll', if tile. ofjlcr~~r I# Mt Inn erisl$ ltllommririn cenlur.&~roi<:e oi'l!il, as clejlriecl!n section 2, and amendmimts thoroto, or does not choose to tran.v­port the person to such crisis interoenlion center, then the officer shall t1't111$porl the penon to !I treatment rnclJlly ot other flldllty fot care: Of treatment whero the person simi! be C.'(amlned hy a (ll!yslclun or l)S)'" clJOioglst on d11ty ot thu facility. 1r no physician or tiS)'Ciiologlst is on dli\y ntthe time thi'J tlCirton Is transported to the ftlclllty. the penon shall be (ll(runlne.d ~ithln o reusei1able Ume not to CJCcced 17 h~rn •. lf n written stntement Is· inllde by ilu~ (lh)'lll<ihtu ol' psy<:hologist at the ftlclllty tlint 1i£'ter prellmlnnl}'examlMfion thephyslcirut or~mlogi~ belicvtl8 the person Tikely to be 11 person with 1U111lcohol or 'uhstanee abuse problem subject to Involuntary comlliltni!mt for cnre 11nd treatment nnd fa likely to cause lmrm.to self orotlrers ifilllowed to relllrtin nt liborty, and If the facility Is n troatnteutfncll!ty m1d Is. willing to 1\ilmil.the (lllnon, tile lnwen(OTCemo'lit officer shall preseJll to th•tllrenlment facility the ap[illcntion provided for ln11lb:recti~ K.S.t\. 59·29h54(b), and nmendmtlllls thereto. If the ph)'lllcinn or psychologist 011 duty at the f®lllty does not believe tho per· son likely to be 11 (lllnioll wlll1 an aleohol or substnnoo nbuse problem ~ubjeict to lnvolnnlltl')' commltm<!nl for rmre and treatment, the l•lw tin· forcement officer shall return the person to the place where the person

Senate Substitute for HOUSE BILL No. 2053-pnge 11

WiiS rnll~nllnto eJ~SIQ(Iy and release tl1e 1~rson nt that pmet\ or ut another t11u~-e In the saq1e com.munlty as reqnest:W by the person or If the law enrorcement officer believes that It Is not In tho best Interest$ of til('! penon or the person's ftunily or the geooml public for the person to oo retUm.ed to the/lace the penon wtl!l taken Into eustnd¥, then the person shall be rel®e. at anothC:r plnce tl1e law onforwmen~ officer b.d~ lo lie approptitlto mu:ler cbe.clreumsllmccs. Tho person may reque.5t to he released hnmcdiutely after tl1e e~mlntltlon, In which ca.~e the law ll11• foreement officer shall hnnicdlately release the perron, unle.~s the law enforcement officer believes It is in the best Interest$ of the person .er the person's family or the geneml public that the person be rnl«ln else· Where for release.

(b) If the physician or psychologist on d11ty lit the facility states thnt, In the physiclnn's or psychologist'• opinion, the person Is likely to be a pe'i's!m wtth an alcohol otsubslnnce abuse. problem subject to involuntary commitment for care and treatment but the facility Is tmwllling or is an innpproprl;lte (llaoo to which to. ndmit the pt~ison, the facility shill! nev· erlheless (lrovlde 11 lilltnble place lit which thu plllliOII may be dctnlncd by the law enforcement officer. r( a luw enforeemebt (lfflcer detains a person pursuant to this subsection, the law enforcement officer shall file tbe petition provided for ln"'$1tMeetie•l ·~ of K.S.A. 59-29b57(a), and amendments thereto, by the cle>$e of bu$h\C!Ss of the first day that the district court is open for the trnn$1\ctlon of business or shall release the J)l!!rson. N!) pel'!lml shall be detnlned by a law enforcement officur pur· Sullllt to this Sllbscotion in II tlOillnGdleaJ fat:illty used (Or the detention of persons charged with or CllnviCt~ of a crime 1ull<m oo other suitable facility at which such person may be detained Is willing to accept the person.

Sec. 22. K.S.A. 2016 Supp. SCJ.29h7S is hereby nmended to rend fis follows' 59-29b78. (a) Every p11.1!cnt being treated in nny treatment facll· ity, in addition to all other rights preserved by the pi'Ovbions of this act, shall have the following rights;

(l) To wear the patllml'' own clot hell, keep and use the patient's own personal posse$lllons including toilet articles and keep and be allowed tn spend the tmtlent's own money;

(2) to communlcute by allreMOnnble means with u reMOnnble nnm· ber of penons at ~JOilnble hours oflhe dlly and nigbt, hlel~,~tling both to make und reci'M conlklentlul telephone calls, rutd by .letter, both to mall .. and receive unopened correspondence, except that if tile he.OO of the treatment facility should de11y a patient's right to moll or to reco~ve unopened COl"l'tl$pllnd~inco undl»' the prtwls!ons of subslli:lthm (b), .Silch corresp.ondeJICO shall be opened and eXIImhled in the proseiWll of the patient;

(3) to conjugnl visits if facilities are available for such visits; (4) to receive visitors in reasonable numbers and at reasonable times

each day; (5) to refuse lnvulunlllry lilbor other than the housekeeping of the

pntlent's own bedroom and bathroom, provided that notlth1g herein sbnll he construed su as to prohibit a putlent from perfonnlng labor ns a p11rt ·of a therupeutle program to which tile patient has gh'<lll their written ''Qnst!nl aud for which the patient recelvell reusonahle c.:ompensntlon;

(6) not to he s1tbjecllo snch procedures n.s p~ho~ntgel)', electro· sh®k thernl)y, experimental mcdlciltlon. aversion thcrnpy or hw.11mous treatment prooedl1res witbcnrt the wrltj;eu consent of the patient or the wrltte.n consent of~ tlaront or legal guardian, If such pntlent IS .II minor or has nlegnl gunn:linn provided that the guardian bas obhtlnednutlwrity to consent to Juc:h fro111 the court which hll5 venue over the guardianship following B ltCIIrillg held rot tlntt purpose;

(7) to have explllined, the nature of all ll'ledleatkms preserlood, the re115on for the prescription and the most common side eiTecls lllld, If requested, the nah.lre of any other treatments ordered;

(8} to conimunlt:nte by letter with the seci'etmy for aging ro~d disa­bilityservicos.the head of the treutment flldllly 11ndanycourt, tlttome.y, physician, psychologist, IICltnm! addiction Cl)fl11$1!lor or minister of rellg­lolt, Including a G'lni.itian Science pl'll!ltitloner. AIIS~Ich oommmtlciltlons shnll he forWarded nt once to tl1e oildmsee without exnmiillltlan and

Senate Substitute for HOUSE BILL No. 2053-page 12

communications from such persons shall be delivered to the patient with­out examination;

(l)) lo contact or consult priwtely with the patient's physlclanor ps)'· clwlog!st, ll~rloSIJ<ludtltclie>n corm.wlor, minister of religion, including .a Clnisthm Scion«» pm~'fil!oner, legal guardian or attorney nt nny thoo and if lh~ ptlticnt Is a minor, their p_arcnt;

(10) to be visited by the patient's physielun, psychologist, llcenf4d dddiclfim cotmselot, n\lnlster of religion, Including a Clnlstlnn Science pnwtilloner, lognl goordian or attorney ut any I hue and If tho patient is a minor, t·b<»r· parenti

(11) t6 b~ Informed omlly and In writlng of their rights under this s~tlon upon ndmlsslon to a lrellbnent facility; and .

(12) to be treated lminanely tiinslstent with gt!nerally ~ocuptcd ethics nnd prnellce$,

(b) The bead of the treatmo:nt facility may, for good cause: o1\ly, rc· $tlit.'t a ptltlent's rights 1111dor tl1LH~Ion, except that the rights enmlwr~ uted b1 subsections (a)(5) through (a)(12), 11nd the right to 111nilar1)' cor. h!spondenco \vhich dries not ~ate [l0$!nl regnllltlons, shall not be TC$!rletcd by the bead or tlut treatment fnciJity Under Ill\)' eirclllllSI:U'IC1il$. Each treatn1~:mt f~Wlllty shall ndopt regulations g<:A"((tnlng the conduct or 1111 patients being treated In sneh treuhnea\t fa~iltty. which regnlntlons shall be con~i~tent with the provisions of this section. A statement explaining, the rmu~ori~ for any restriction of n pnlient's rights shall be lin mediately entered on such patient's medlool record nnd copies of such statement slll\11 be made available to the patient or to tlae parent, or k'ltlll guardian If such patient is a minor or hns a legnl gnnrdian, and to Ule patient's qttonley, ln addition, notice o£ any restrlc:tlon of 11 plllicnt's rights shall be commtnlicated to the rmtient In B timely fliShion.

(c) Any person willfully depriving any J>atient of the rights pmtcctcd by tlJis St.•clkm, CliCUjll for the restrictloll o( sucb rlgh1s in nccordnncewlth tfie prOYislm!s of sulisectlon {b) or In accordance with a properly obtained com1 order, shall be gtrllly of n class C milidomtlllnor.

Sec. 23. K.S.A. 59-29b80 Is hereby 1\llleinled to read M follows: 59-29b80. Any person or lmu enforcuuumt agency; governing lxuly, com­munity JIW111«1 llenltll center or t•OI".WIInel uctlng in good fnllh and without 11egligence slmll be free from all liahility, civil or crlmlnnl,"'\'l'iriek tilat might ari!lO ()ut of ncttng or decllnlllg w dCl pursimnt to thl$ act. All)' peTS?ll wl10 fOI" a corrupt considemllon or lldvnnt~~ge. or through nlldlc(l, shall ml\ko or Join in making or advise tbe milking -of uny fnl~~e petition, report or order provided for h1 this act $hall be guilty of a class A mis­dffilltmtlor.

Sec. 24. K.S.A. 59-2953, 59-2980, 59-29b53 and 59-29b80 and K.S.A. 2016 S1q1p. 39-2001, 39·2002, 39·2003, 59-2978 and 59-29b78 are hereby repealed~

Senate Substitute for HOUSE BILl. No. 2053--page 13

Sec. 25. This act shall take effect and be In force from and after Its publication in the statute book.

I hereby certlt'y that the above BILL originated In the HousE, and was adopted by that body

HousE adopted Conference Committee Report------------

ChlofCwric ofths HoUH.

Passed the SENATE

as amended------------

SENATE adopted Conference Committee Report------------

APPROVED------------

Cowmor.

TO:

FROM:

DATE:

RE:

OFFICE OF THE DISTRICT ATTORNEY TmRD JUDICIAL DISTRICT OF KANSAS

Michael F. Kagay, District Attorney

MEMORANDUM

Board of County Commissioners

Michael F. Kagay, District Attorney ·11r..-

June 14, 2017

Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

1) Community Treatment Services LLC for copies of medical records a) Invoice No. dated June 12, 2017 in the amount of$83.06

2) Douglas County District Court Records for certified records a) Invoice No. 12509 dated May 30, 2017 in the amount of$3.50 b) Invoice No. 12519 dated June 1, 2017 in the amount of$8.50

3) Independent Stationers for office supplies a) Invoice No. 226136 dated June 8, 2017 in the amount of$429.17

4) Staples for office supplies a) Invoice No. 3341995035 dated June 1, 2017 in the amount of $72.22

5) Thomson West for monthly Westlaw ClearPlus and Westlaw [Approved by the BCC on 12/22/14] a) Invoice No. 836219791 dated June 1, 2017 in the amount of$197.00 b) Invoice No. 836275596 dated June 1, 2017 in the amount of$2,741.89

6) Verizon Wireless for telephone, data charges and equipment for May 2017 [Approved by the BCC on 10/9/14- Contract #C361-2014] a) Invoice No. 9786727751 dated June 1, 2017 in the amount of$1,397.77

7) Westside Stamp & Awards for name plates a) Invoice No. 164586 dated June 8, 2017 in the amount of$9.00 b) Invoice No. 164618 dated June 11, 2017 in the amount of $9.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of$4,951.11, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330

-•C•o•n•1•m111u.n.~Iiilt~~~ervices LLC 816-977-3178 HallMentaiHealthServices@gmail. com

Office of the District Attorney Third Judicial District of Kansas Shawnee County Courthouse 200 SE 7th Street, Suite 214 Topeka, Kansas 66603

Atten: Kathy Beach

Medical Records ees

B. W T. Wr & L. Y·

Supplies and Labor= $18.40

106 pages @ .61 =$64.66

Total = $83.06

Pay to the order of: Community Treatment Services 1715 E Cedar suite 115 Olathe KS 66062

June. Jdl.) d,OI?

1715 E Cedar Suite 115 Olathe KS 66062 fax:816-623-5612

Douglas County District Court Records 111E11thSt Lawrence,KS 66044

(785}832-5141 courtrecords@douglas-county.com www.douglas-county .com

Bill To

3rd Ju9icial U1strict Attorney Office 200 SE 7th St STE 214 Topeka,KS 66603

Invoice

'·'·d.l''·'•·!!ir 1!/.t%4. ~ 1 . $3.sa

_____ -________ -~.-- ______ , __________________ ~- -.-~~~~~ ~'le!!!C.h_ ~O..P..P?!tii?J?.~:i.r~:!'!f_n. '.':i!I'!Y~llt:P~Y~~t, __ -x- __________________________________________ _

• You may pay by credit card, check, money order or eash '(Please don't send cash in the mail). There will be a 4% fee added to your balance due if paying by card. We accept Visa, Discover or Master Card. Pleas.e call the above number if would like to pay with your Credit Card. Thank you.

Copy of ROA from case 2014JC109

Pursuant to K.S.A. 60-2610, there will be a $30.00 service charge for all returned checks.

0 0.00 0.00

Please make checks payable to: Douglas County·District Court

Douglas County District Court Records 111 E 11th St Lawrence, KS 66044

(785)832-5141 courtrecords@douglas-county .com www.douglas-county.com

Bill To

Shawnee-County Courthouse 200 SE 7th St, Ste 214 Topeka, KS 66603

Invoice

. ______ .. _______ . _______ ... __ . __________ -->(- _ -~~e~~ det~ch ~~P. portjon_~ld_r:eturn \vi!hyoU[payiTI~nt, ___ ><l· ___ . ______ . ________________________ • _ ---· __

o Access Fee (hourly) o Copies (per page) o Certification(s) o Shipping & Handling ·

o You may pay by credit card, check, money order or cash (Please don't send cash in the mail). There will be a 4% fee added to your balance due if paying by card. We accept Visa, Discover or Master Card. Please call the above number if would like to pay with your Credit Card. Thank you.

Certified copy of Information, Amended Information and Journal Entry of Judgment for case 2008CR881

Pursuant to K.S.A. 60-2610, there will be a $30.00 service charge for all returned checks.

0

1.00 1.00

0.00

Tetal

0.00

Please make checks payable to: Douglas County District Court

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO

I

PNWitem Customer 10:

PNW160302 0000000

Description

PGC82038 CLEANING PAD,XTRA POWR,

CNM3500B001 TONER,128,BK

Non-Core Per Contract# R141701

RAC82159 WIPES,DISINF,LL,35CT-3PK

Non-Core Per Contract# R 141701

HEWCC364A CRTDG,PRNT,BLK,LJ,CC364A

Per Contract # R 141701

UNV10630 PAD,LGLRULED,PERF,L TR,CA

Non-Core Per Contract# R141701

OFX00020 CREAMER, CNSTR, 120Z

Non-Core Per Contract# R141701

OFX00019 SUGAR,CNSTR,200Z

Per Contract# R141701

UNV21200 PAPER,XERO/DUP,WEL TR,20#

all on DA Adult Side

Per Contract# R141701

Transferred to page 2. ................................

Ord Qty

2 BX

1 EA

2 PK

1 EA

2 DZ

4 EA

3 EA

3 CT

Sales Invoice Number: SI00226136

Sales Invoice Date: 06/08/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

2 BX 10.60

1 EA 97.23

2 PK 10.89

1 EA 139.81

2 DZ 10.10

4 EA 2.71

3 EA 2.46

3 CT 36.91

DUE DATE

07/08/17

Total Price

21.20

97.23

21.78

139.81

20.20

10.84

7.38

110.73

429.17

8 independoot Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

·· ·stauooors

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

IACCT. NO. Sales Order No. CUSTOMER PO I

PNWJtem Customer JD:

PNW160302 0000000

Description

Transferred from page 1 ............................ .

Amount Subject to Safes Tax

0.00

:End of Report)

Amount Exempt from Safes Tax

429.17

Ord Qty

Sales Invoice Number: SI00226136

Sales Invoice Date: 06/08/17

Page: 2

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

Subtotal:

Total Safes Tax:

Total:

DUE DATE

07/08/17

Total Price

42.9.17

429.17

0.00

429.17

STAPtes· Business Advantage

INVOICE staples Business Advantage Federal ID #:04-3390816

Bill to Account: 412614

10 05424 01 AB 0.403 .. AUTO 3 2 8255 66603-393227 -C01-P05429-I

SHAWNEE COUNTY PURCHASING MICHELLE HAGEMAN 200 SE 7TH ST RM B-27 TOPEKA, KS 66603-3932

Budget ctr : Budget ctr Desc: P o Number : P o Desc Release Release Desc

order Line Item Number

1 954053 2 571863

Freight: .00

Delivery signed for by:

oescri tion STARBUCKS VERANDA GRND COF 1LB NESTLE PURE LIFE .SL 24/CT DEP Tax: ( .0000 %) .00

Delivery Signature is not currently available

Delivery date and·-time:

Ship to Account: SBAWCOPURCH

SHAWNEE COUNTY PURCHASING

ATTN• KATHY BEACH

200 SE 7TH ST

200 SE 7TH, ROOM 214,

TOPEKA, KS 66603-3933

Invoice Number: 3341995035 order 7177246703-000-001 Ordered By KATHY BEACH order Date 5/31/17

order Qt

6 1

0 0

6 1

Invoice Payment Inquiries 888-753-4103 PO BOX 83689 Chica 0 IL 60696-3689

unit Price 11.39 3.88

customer service inquiries # 877-826-7755 Invoice Payment Inquiries 888-753-4103

STAPe.ES' Business Advantage

DAL33419950350DDD072225

Please send payment to:

Staples Advantage Dept DAL PO Box 83689 Chicago, IL 60696-3689

Extended Price

Page:

68.34 3.88

72.22 72.22

1

iiiiiiiiiiii !!!!!!!!!!!

= ;;;;;;;;;;;;;; iiiiiiiiiiii -;;;;;;;;;;;;;; == iiiiiiiiiiii !!!!!!!!!!!

ACCT#

INVOICE # 836219791

DESCRIPTION

WEST INFORMATION CHARGES

IMPORTANT NEWS

SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST TOPEKA KS 66603-3922

WEST INFORMATION CHARGES INVOICE MAY 01, 2017 - MAY 31, 2017

CHARGE

IN USD

197.00

TAX

IN USD

0.00

PAGE. 1

TOTAL CHARGE

IN USD

197.00

TIME SAVING TIP: You can now find answers 24/7 to commonly asked customer service questions online at legalsolutions.com/support. Find information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts and more.

FOR B!LLING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT DUE IN USD

DUE DATE

836219791

06/01/2017

41-1426973

EU826006554

197.00

07/01/2017 AMOUNT ENCLOSED IN USD ___ _

1000346770

RETURN BOTTOM PORTION WITH PAYMENT

Thomson Reuters - West Payment Center P.O. Box 6292

WEST INFORMATION CHARGES MAY 01, 2017 - MAY 31, 2017

Carol Stream, IL 60197-6292

SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST TOPEKA KS 66603-3922

A

0836219791 0000000000000000000000 20170601 ZCPG 000019700 0010 1000346770 7

ACCT#

INVOICE# 836275596

DESCRIPTION

WEST INFORMATION CHARGES

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

WEST INFORMATION CHARGES INVOICE MAY 01, 2017 - MAY 31, 2017

CHARGE

IN USD

2,741.89

TAX IN USD

0.00

PAGE 1

TOTAL CHARGE

IN USD

2,741.89

IMPORTANT NEWS ' TIME SAVING TIP: You can now find answers 24/7 to commonly asked customer service questions online at legalsolutio~ns.com/support. Find information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts and more. !,

FOR BILLING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT DUE IN USD

DUE DATE

836275596

06/0112017

41-1426973

EU826006554

2,741.89

07/01/2017

AMOUNT ENCLOSED IN USD ___ _

1000589558 A

RETURN BOTTOM PORTION WITH PAYMENT

Thomson Reuters - West Payment Center P.O. Box 6292

WEST INFORMATION CHARGES MAY 01, 2017 - MAY 31, 2017

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE

Carol Stream, IL 60197-6292 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

0836275596 0000000000000000000000 20170601 ZCPG 000274189 0010 1000589558 7

1 3

verizon" P.O. BOX 4002 ACWORTH, GA30101

0000798 08 MB 2.217 -AUTO T2 0 6201 66603-393364 -C24-P0079B-11

JJ•'IIII llniPI 1IIJ•'•'I'••I•III•JJI'''''•'•I'JI'I'•'•JJIJI'I'II SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST STE 214 TOPEKA, KS 66603-3933

verizon" SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST STE 214 TOPEKA,KS 66603-3933

Change your address at http://sso. verizonenterprise.com

Account Number

Invoice Number

Quick Bill Summary May 02- Jun 01

Previous Balance (see back for details)

No Payment Received

Balance Forward Due Immediately

Monthly Charges Usage and Purchase Charges

Voice Messaging Data

Surcharges and Other Charges & Credits

Taxes, Governmental Surcharges & Fees

Total Current Charges Due by June 26, 2017

Total Amount Due

Bill Date Account Number Invoice Number

Total Amount Due

Jum~ 01 ?017 (

9786727751

Make check payable to Verizon Wireless. Please return this remit slip with payment.

$1,228.07

$.00

$1,228.07

$1,325.88

$.00

$.00

$.00

$53.89

$18_00

$1,397.77

$2,625.84

$2,625.84

$0,DDD.DD P.O. BOX 25505 LEHIGH VALLEY, PA 18002-5505

.. ,,,,,11, II,,,,,, .• ,,,,. p••'II'•''t•I•I'I•IJI'II11'1•Jt••1•1111

97867277510106870888520000100000139777000002625847

WestSide Stamp & Awards} Inc. 2030 Fairlawn Road Topeka, KS 66604 shop@wssapromo.com

785-272-7242

Bill To

Shawnee Co:unty District Attorney 200 SE 7th Street Topeka, KS 66603

Quantity Price Each

Invoice

Date Invoice #

6/8/2017 164586

Contact

Kathy Beach Q}YWlQ(J U{ f ;'It($ ?00

},. ~~ ,)

P.O.# Terms File

Net 15 file

Description Amount

1 9.00 Name Plate 9.00 Meeting in Progress

..

WestSide Stamp & A\.vc!ds, Inc&

JUN 1 3 2017

RECEIVED BY

mb Subtotal $9.00

Sales Tax (0.0%) $0.00

Total $9.00

Payments/Credits $0.00

Balance Due $9.00

. WestSide Stamp & Awards, Inc. 2030 Fairlawn Road

Invoice

Topeka, KS 66604 shop@wssapromo.com

785-272-7242

Bill To

Shawnee County District Attorney 200 SE 7th Street Topeka, KS 66603

Quantity Price Each

1 9.00

ch

Name Plate e Williams

Contact

Kathy Beach -00

I

P.O.#

Description

WestSide Stamp & Awc.n::Is, !nee

JUN 13 Z017

REC.EIV.ED BY

Subtotal

Date

6/11/2017

Terms

Net 15

Sales Tax (0.0%)

Total

Payments/Credits

Balance Due

Invoice#

164618

File

File

Amount

9.00

$9.00

$0.00

$9.00

$0.00

$9.00

17-008 PERMIT NUMBER

City: Topeka, Kansas 66610

V.l.N.

EMERGENCY VEHICLE PERMIT

(VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

MocleVStyle

Purpose for which it is to be used: Emergency fire and rescue response for Mission Township Fire District/Shawnee County.

7//

7

The applicant named above has secured all appropriate signatures of approving officials and has agreed to abide with all applicable local, state and federal laws, which pertain to this permit. The required officials and the applicant's signatures are attached to the completed application form, which is on file with Shawnee County Emergency Management.

SHAWNEE COUNTY EMERGENCY MANAGr!.IVI,NT~----;;,-~

Date: /. 3 k,. ;?-- By:_ ..__..:--- c;;;;;._-----t:/

SHAWNEE COUNTY BOARD OF COMMISSIONERS:

Date: By:_ ------------------ ~----------------------------------

(Authorized by K.S.A. 8-201 Oa, as amended, K.S.A. 8-201 Ob, as amended, and Shawnee County Resolution #92-154.)

Rev. 4 09/99 SCEM Form No: 107.2

7/J

DATE:

TO:

FROM:

RE:

Shawnee County Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-251-5415 (MV)

785-251-5416 (Tax) http://www.snco. us

LARRYMAH COUNTY TREASURER

MEMORANDUM

June 14, 2017

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer LKfrl7 J# May 2017 Bank Reconciliation

Please place this request on the Monday, June 19, 2017 Board of County Commission Consent agenda for final approval of the May 2017 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.

Thank you for your time and consideration.

CC: Audit Finance Dept.

3

May 2017 Bank Reconciliation

Ending balance Per OneSolution

Reconciling Items

Less:

Credit cards (posted to bank June 1, 2017)

Deposit in Transit (posted to bank June 1, 2017)

Add:

Outstanding checks as of 5/31/2017

Credit Card payments (posted to OneSolution June 1 & June 7, 2017)

Payment to Sarik LLC (posted to bank June 1, 2017)

Payment to Topeka Premier Umpire (posted to bank June 1, 2017)

Payment to JEDO (posted to bank June 1, 2017)

NSF checks (posted to bank June 5, 2017)

Payments for Tax Distribution (posted to bank June 5, 2017)

Payment to Kansas Dept. of Wildlife & Parks (posted to bank June 8, 2017)

ACH Credit-Remote deposit (P & R) (posted to OneSolution June 1, 2017)

ACH Credit-Remote deposits (posted to OneSolution June 1, 2017)

Deposit (P & R) (posted to OneSolution June 1, 2017)

Deposit-funds transfer (Sheriff's Dept.) (posted to OneSolution June 1, 2017)

ACH Credit-IRS payment (Register of Deeds) (posted to OneSolution June 1, 2017)

ACH Credit-WPS payment (SCHA) (posted to OneSolution June 1, 2017)

ACH Credit-Medica payment (SCHA) (posted to OneSolution June 1, 2017)

ACH Credit-UHC of the Midwest payments (SCHA) (posted to OneSolution June 7, 2017)

ACH Credit-BCBS payment (SCHA) (posted to OneSolution June 13, 2017)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee County Treasurer's office

June 14, 2017

$ 134,276,662.10

$ 134,276,662.10

$ $

41,623.89

40,702.44

$ 82,326.33

$ 4,418,819.98

$ 9,684.24

$ 34,743.79

$ 10,335.00

$ 639,122.88

$ 4,257.43

$ 68,604,301.10

$ 53.00

$ 1,894.75

$ 95,504.67

$ 8,226.50

$ 100.00

$ 58.00

$ 13.64

$ 30.00

$ 2,242.96

$ 363.20

$ 73,829,751.14

$ 208,024,086.91

$ 4,000.00

208,020,086.91

208,024,086.91

$

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

To: Board of County Commissioners

From: Brian W. Cole, Director /12-

Date: June13,2017

Re: Request to Reclassify Licensed Masters Social Worker Positions

On January 5, 2017, the Board of County Commissioners authorized the Shawnee County Department of Corrections to add one Social Worker to the department's mental health team. The salary for the Social Worker, including benefits was $51,736.60. After having the position posted for several months, and even conducting direct solicitations to licensed candidates, we have been unable to find applications for this position.

Since we received input from some in the community that we are posting the position at an unrealistically low starting pay rate, I looked more closely at the pay scales within the County system for similar positions. I learned that the Health Agency union scale provided for a significantly higher pay rate for Masters level social workers and those positions are not required to work in the higher-stress jail environment.

Since we continue to have critical need for Masters educated social work services in this agency, I am requesting that we reclassify our LMSW positions from a Range 13 to a Range 15. This would allow for a starting hourly pay rate to increase from $17.77 an hour to $20.54 an hour, which would improve our chances of attracting candidates to meet our agency's needs.

Because we are working through the selection process for a company to provide both medical and mental health services beginning in 2018, this adjustment will only impact FY2017. Therefore, assuming we had to pay the increased rate for half of FY2017, the cost to the department's budget would be $30,347.54. The reclassification would also impact two existing LMSW employees, resulting in an estimated budget increase for FY2017 of $8,663.20. Therefore, the total impact of this adjustment would be estimated at $39,010.74.

I have conferred with Interim Human Resource Director Jim Crowl and Finance Director Betty Greiner about this request. The department has the funds are within our FY2017 detention budget for this purpose. I will be happy to answer any questions you may have.

BWC:tp

cc: Jim Crowl, Interim Human Resource Director Betty Greiner, Audit-Finance Director Timothy Phelps, Deputy Director Angela McHardie, Deputy Director

Public Health Prevent. Promote. Protect.

Shawnee County Health Department

June 14, 2017

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Interim Director cK f( U

Shawnee County Health Department Linda K. Ochs, Interim Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www .shawnee health .org

RE: Kansas Department of Health and Environment (KDHE) Mosquito Surveillance Contract

Action Requested: Approval is requested for an Agreement for Local Health Department Mosquito Surveillance with funding from the KDHE Bureau of Epidemiology and Public Health Informatics (BEPHI) to support mosquito surveillance in Shawnee County. The term of the agreement is from July 1, 2017 through October 31, 2017.

The Centers for Disease Control and Prevention (CDC) has awarded the State of Kansas, through KDHE, funds to expand its mosquito surveillance activities in the state. Using the staff from the Shawnee County Health Department's (SCHD) Environmental Health Program and leveraging its Medical Reserve Corps volunteers, SCHD will set and pick up traps at six (6) county locations once each week. The samples will be sent to an entomologist at the University of Kansas in Lawrence for analyses, which will include species identification and testing for the presence of viruses, such as those that cause West Nile and Zika infections. Both KDHE and SCHD will receive the data to use in their programs.

Through this agreement SCHD will receive $10,000 to help pay staff to conduct the surveillance and to provide educational materials to use in SCHD's community-wide Dump Day mosquito control campaign.

LKO/klw Attachment C: Betty Greiner, Director of Administrative Services

Ed Kalas, Health Protection Division Manager Edith Matthews, SCHD Finance Officer

Leading the Way to a Healthier Shawnee County

c I

AGREEMENT

SHAWNEE COUNTY CONTRACT #.{12aq,JoJ]

FOR LOCAL HEALTH DEPARTMENT MOSQUITO SURVEILLANCE

The parties to this Agreement are:

• Shawnee County Health Department 2600 SW East Circle Dr Topeka, KS 66606

• State of Kansas, Department of Health and Environment 1000 SW Jackson Street Topeka, KS 66612

RECITALS

The Kansas Department of Health and Environment, hereinafter, "KDHE/' Bureau of Epidemiology and Public Health Informatics, hereinafter "BEPHI", desires to support mosquito surveillance activities.

The Shawnee County Health Department, hereinafter "the SCHD", desires to enhance its mosquito surveillance activities in their county.

Effective on the day and year this Agreement is executed by the Secretary of KDHE, THE PARTIES AGREE to the following terms and conditions:

TERMS AND CONDITIONS

1. The provisions found in the Contractual Provisions Attachment (Form DA-146aL which is attached, are hereby incorporated in this Agreement and made part hereof. Such provisions shall take precedence over any contrary provisions.

2. This Agreement, including attachments, may be modified, extended and/or amended as necessary if such modification, extension and/or amendment is in writing and executed with the same formality as this Agreement.

3. The term ofthis Agreement is from July1, 2017 through October 31, 2017.

4. The total payments to the SCHD pursuant to this Agreement shall not exceed ten thousand Dollars ($10,000.00).

5. Payments to the SCHD hereunder are solely contingent upon the receipt of adequate funding by BEPHI through federal cooperative agreement.

6. In the event that federal funds are insufficient to fund this Agreement or are not received, KDHE may unilaterally cancel this Agreement upon written notice to the SCHD, and there shall be no further obligation upon any Party. The determination that sufficient federal funds have been received to fund this Agreement is solely within the discretion of KDHE.

7. KDHE may cancel this Agreement upon written notice if the SCHD fails to regularly set and retrieve mosquito traps, submit mosquito surveillance data timely, and ship mosquito specimens to the Kansas Biological Survey as required herein below. Either party may terminate this Agreement upon thirty [30] day's advance notice in writing to the other Party.

8. Payment to the SCHD may be withheld at the discretion of KDHE if required Program Reports have not been received or if program requirements/objectives are not met as specified in this Agreement and/or the Agreement Attachment(s).

THE SCHD SHALL:

9. Be responsible, without qualification, for meeting all terms, conditions, and requirements of this Agreement. The SCHD shall not subcontract any work under the Agreement without the express, written approval of KDHE prior to entering any subcontract. The SCHD shall be totally responsible for all actions and work performed by its subcontractor(s). All terms, conditions, and requirements of this Agreement shall apply without qualification to each subcontractor of the SCHD. The SCHD, as used herein, shall include all subcontractors hired by the SCHD.

10. Continue to improve mosquito surveillance and response capabilities by completing the work and acquisitions as outlined in this Agreement.

11. Support a mosquito control program and under the conditions of this Agreement, funding may be utilized to work toward achieving any of the following deliverables:

a. Establish and maintain a weekly schedule to collect adult and larval mosquitos. b. Submit date trap set, time trap set, date collected, time collected, trap site, and trap type for each

adult mosquito trap in your jurisdiction and larval dip site, date collected, and treatment information for your jurisdiction weekly to the KDHE Mosquito Surveillance web portal.

c. Use the surveillance data to inform vector control efforts and/or educational efforts in your communities.

12. Submit to KDHE an Affidavit of Expenditures which shall provide fiscal data and a description of the activities and/or expenses paid for with the Epidemiology and Laboratory Capacity (ELC} funding during the term of the Agreement, no later than November 10, 2017, using the form provided by KDHE.

13. Remit to KDHE, within thirty (30] days after the termination of this Agreement, all unexpended Agreement funds.

14. Comply with the terms of the Pilot Program for Enhancement of Contractor Employee Whistleblower Protections and the Non-Debarment Certification and Warranty provisions which is attached, are hereby incorporated in this Agreement and made a part hereof. (Appendix B)

KDHE SHALL:

15. Make two payments to the SCHD each in the amount of five thousand Dollars ($5,000.00) no later than thirty [30] working days after execution of this Agreement by the Secretary and by August 1, 2017.

THE PARTIES, through duly authorized representatives, concur with the terms and conditions of this

Agreement and have executed it as 9f the date shown below.

THE SHAWNEE COUNTY HEALTH

DEPARTMENT

By:

Robert E. Archer

Chair, Board of County Commissioners

of the County of Shawnee, Kansas

Date

Approved as to Legality and Form: Date Co-li?,-11

STATE OF KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

By:

Susan Mosier, MD

Secretary

Date

..

State of Kansas Department of Administration DA-146a (Rev. 06-12)

Important

CONTRACTUAL PROVISIONS ATTACHMENT

This form contains mandatory contract provisions and must be attached to or Incorporated In an copies of any conlraclual agreement. If it is attached to the vendorlcontraciO(s standard contract form, then that form must be anered to contain the following provision:

"The Provisions round In Contractual Provisions Attachment (Form DA·146a. Rev. 06-12), which Is attached hereto, are hereby Incorporated In this contract and made a part thereof. •

The parties agree that the following provisions are hereby Incorporated Into the contract to which it Is attached and made a part thereof, said contract being the_ day of 20_,.

1. Terms Herein Controlling Provisions: It is expressly agreed thai the terms of each and every provision In this attachment shall prevail and control over the terms or any other conflicting provision In any other document relating to and a part of the contract In which this attachment Is Incorporated. Any terms that conmct or could be Interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by. and construed according to the laws of the State of Kansas, and jurisdiction and venue or any suit In connection with this contract shall reside only in courts located In the State of Kansas ..

3. Termination Due To Lack or Funding Appropriation: If, in the judgment of the Director of Accounts and Reports. Department of AdmlnlstraUon. sufficient funds are not appropriated to continue the function performed In this agreement and ror the payment of the charges-hereunder, State may terminate this agreement at the end of its current fiSCal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end or Its current fiscal year, and shan give such notice for a greater period prior to the end of such fiscal year as may be provided In this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. Stale will pay to the contractor an regular contractual payments inctJrred through the end of such fiSCal year, plus contractual charges Incidental to the return of any such equipment Upon termination of the agreement by Slate, title to any such equipment shall revert to contractor at lhe end of the State's current fiscal year, The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Uablllty No provision of this contract will be given effect that attempts to require the Slate of Kansas or Its agencies to defend, hold hannless, or Indemnify any contractor or thlrd party for any acts or omissions. The liability or the State or Kansas Is deHned under the Kansas Tort Claims Act (K.S.A. 75-6101 !!Bll.J-

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 !1 ~and the Kansas Age Discrimination In Employment Act (K.S.A. 44-1111 !1 B!L.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 ~ zgJ (ADA) and to not discriminate against any person because of race. religion, color, sex, disabilitY., national origin or ancestry, or age In the admission or access to, or treatment or employment in, Its programs or activities; (b) lo include In all soliCitations or advertisements for employees, the phrase •equal opportunity employer"; (c) to comply with the reporting requirements set out at K.SA 44-1031 and K.S.A. 44-1116; (d) to Include those provisions In every subcontract or purchase order so that they are binding upon such subcontractor Of vendor; (e) that a failure to comply with the reporting requirements or (c) above Of If the contractor Is round guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, In whole or In part. by the contracting state agency or the Kansas Department or Admlnlstralion; (r) If It Is determined !hal the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, In whole or In part. by the contracting state agency or the Kansas Department or Administration.

Contractor agrees to comply with all applicable state and federal anll-discriminalton laws,

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the tenn or such contract or whose contracts with the contracting Stale agency cumulatively total $5,000 or less during the Hscal year or such agency. ·

6. Acceptance Of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certiOcations have been given.

7. Arbitration, Damages. Wa!!j!ntles: Notwithstanding any language to the contrary, no Interpretation or this contract shall fmd that the State or Its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and Its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those avaHable under the Kansas Prompt Payment Act (K.SA. 75-6403), and no provision will be given elfect that attempts to exclude, modify, disclaim or olhelWise attempt to limit any damages available to the State or Kansas or Its agencies at law, Including but not limited to the Implied warranties ol merchantability and fitness for a particular purpose.

B. Representative's Authority To Contract: By signing !his contract, the representaUve of the contractor thereby represents that such person Is duly authorized by the contractor to execute this contract on behalf of the contractor and thai the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor Indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of thls contract.

10. tnsul'j!nce: The State of Kansas and its agencies shall not be required to purchase any Insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-Insurance• fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 !tl B!L.), the contractor shall bear lhe risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to Information pursuant to K.S.A. 46-1101 !t HB·

12" The Eleventh Amendment "The Eleventh Amendment Is an Inherent and incumbent protection with lhe State or Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment"

13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received In exchange for lhe maklng of a campaign contribution. No part or the funds provided through this contract shan be used to inDuence or attempt to lnnuence an offiCer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension. continuation. renewal, amendment or modification or any government contract, grant, loan, or cooperative agreement.

APPENDIXB

COMPLIANCE WITH THE

"PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE WHiffiEBLOWER PROTECTIONS"

Congress has enacted a law, found at 41 U.S.C. 4712, encouraging employees to report fraud, waste, and abuse. This law applies to all employees working for contractors, grantees, subcontractors and subgrantees on federal grants and contracts [for the purpose of this document, "Recipient of Funds"]. The National Defense Authorization Act (NOAA) for Fiscal Year 2013 (Pub. L 112-239, enacted January 2, 2013) mandated a pilot program entitled, "PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE WHISTLEBLOWER PROTECTIONS". 41 U.S.C. 4712 has been amended, enacting a permanent extension of the pilot program.

This program requires all grantees, their subgrantees and subcontractors to; • Inform their employees working on any Federal award they are subject to the whlstleblower rights and remedies of the

pilot program; • Inform their employees in writing of employee whistleblower protections under 41 U.S.C. 4712 in the predominant

native language of the workforce; and, • Contractors and grantees will include such requirements in any agreement made with a subcontractor or subgrantee.

Employees of a contractor, subcontractor, grantee [or subgrantee] may not be discharged, demoted, or otherwise discriminated against as reprisal for "whistleblowing." In addition, whistleblower protections cannot be waived by any agreement, policy, form or condition of employment.

Whistleblowing is defined as making a disclosure "that the employee reasonably believes Is evidence of any of the following: • Gross mismanagement of a federal contract or grant; • A gross waste of federal funds; • An abuse of authority relating to a federal contract or grant; • A substantial and specific danger to public health or safety; or, • A violation of law, rule, or regulation related to a federal contract or grant {including the competition for, or negotiation

of, a contract or grant).

To qualify under the statute, the employee's disclosure must be made to: • A Member of Congress or a representative of a Congressional committee; • An Inspector General;

The Government Accountability Office; • A federal employee responsible for contract or grant oversight or management at the relevant agency; • An official from the Department of Justice, or other law enforcement agency; • A court or grand jury; or, • A management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the

responsibility to investigate, discover, or address misconduct.

The Recipient of Funds acknowledges that as a condition of receiving funds, It has complied with the terms of the "PitOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE WHISTLEBLOW£R PROTECTIONS", as amended, and has Informed Its employees in writing and In the predominant native language of the workforce, that by working on any Federal award, the employees are subject to the whlstleblower rights and remedies.

NON-DEBARMENT CERTIFICATION AND WARRANTY

The Recipient of Funds acknowledges that KDHE is required to verify that any person or entity receiving funds has not been suspended, debarred or otherwise excluded from receiving federal funds. Verification may be accomplished by 1) checking the System for Award Management (SAM) at www.sam.gov; 2} obtaining a certification from the entity; or 3) by adding a clause or condition to the transaction.

The Recipient of Funds, as a condition of receiving funds, certifies and warrants that neither it nor Its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, or by any department or agency of the State of Kansas.