76-1936. Transfer of patients from certain institutions to soldiers' home; priorities. (a) The commissioner of community services and programs of the Kansas department for aging and disability services, with the approval of the secretary for aging and disability services and the director of the Kansas office of veterans services, may transfer patients in the state hospitals at Osawatomie and Larned and patients in the Rainbow mental health facility and the Parsons state hospital and training center who have served in the military or naval forces of the United States or whose husband, wife, father, son or daughter has served in the active military or naval service of the United States during any period of any war as defined in K.S.A. 76-1908, and amendments thereto, and who was discharged or relieved therefrom under conditions other than dishonorable, to the Kansas soldiers' home. No patient who is such a mentally ill person, as defined in K.S.A. 59-2946, and amendments thereto, in the opinion of the commissioner of state hospitals, that because of such patient's illness such patient is likely to injure themselves or others, shall be transferred to such Kansas soldiers' home, and no such patient shall be transferred if such transfer will deny admission to persons entitled to admission under K.S.A. 76-1908, and amendments thereto, and rules and regulations promulgated thereunder. Persons transferred shall not be considered as members of the Kansas soldiers' home but shall be considered as patients therein.

(b) All of the laws, rules and regulations relating to patients in state hospitals and mental health facility specified in subsection (a) shall be applicable to such patients transferred under subsection (a). Any patient transferred who is found to be or shall become such a mentally ill person, as defined in K.S.A. 59-2946, and amendments thereto, in the opinion of the commissioner of state hospitals, that because of such patient's illness such patient is likely to injure themselves or others or who is determined to need additional psychiatric treatment, shall be retransferred by the superintendent of the Kansas soldiers' home, with the approval of the commissioner of state hospitals and the director of the Kansas office of veterans services, to the institution from whence the patient was originally transferred.

History: L. 1953, ch. 361, § 22; L. 1957, ch. 470, § 2; L. 1965, ch. 493, § 2; L. 1967, ch. 477, § 3; L. 1978, ch. 349, § 10; L. 1995, ch. 234, § 33; L. 2014, ch. 83, § 48; L. 2015, ch. 100, § 14; L. 2024, ch. 84, § 61; July 1.