Current through Register Vol. 43, No. 12, March 20, 2024
(a) General. Eligibility for admission shall be based upon
K.S.A. 76-1908 and K.S.A. 76-1954, and amendments thereto.
(b) Mental illness, legal incompetence, alcohol abuse, and drug
abuse.
(1) Mental illness. No person who has been diagnosed by a
licensed medical authority as being mentally ill shall be admitted to the KSH
or KVH unless the illness is managed by medication prescribed by a licensed
medical authority and that medical authority certifies both of the
following:
(A) With the prescribed medication, the individual will not be
a threat to that person, any other person, or the property of others.
(B) The individual can be cared for and medicated by KSH or KVH
staff with medication that is reasonably available through the KSH or
KVH.
(2) Legal incompetence. No person who meets any of the
following conditions and has not been restored to competency by the court
pursuant to the applicable act shall be admitted unless the person's guardian
or conservator, or both, or curator is available to make the legal, financial,
and medical decisions on behalf of the person:
(A) Has been adjudged in need of a guardian or conservator, or
both, by a court in this state pursuant to the act for obtaining a guardian or
a conservator, or both, K.S.A. 59-3050 et seq. and amendments thereto;
(B) has been adjudged in need of a curator pursuant to the
curators for veterans act, K.S.A. 73-501 et seq. and amendments thereto;
or
(C) has been adjudged by a court of competent jurisdiction in
another state or the District of Columbia pursuant to an act similar to either
of the acts specified in paragraphs (b)(2)(A) and (B).
(3) "Abuse" shall mean a person's lack of self-control in the
use or ingestion of alcohol or drugs or a person's use or ingestion of alcohol
or drugs to the extent that the person's health is substantially impaired or
endangered or the person's social or economic functioning is substantially
disrupted.
(4) Alcohol abuse. No person who is abusing alcohol and not
participating in a program conducted, managed, or operated by an alcohol
treatment facility licensed under the alcoholism and intoxication treatment
act, K.S.A. 65-4001 et seq. and amendments thereto, shall be admitted to the
KSH or KVH. A member who abuses alcohol may be furloughed and may be considered
for discharge by the commission.
(5) Drug abuse. No person who is abusing drugs and not
participating in a program conducted, managed, or operated by a drug treatment
facility licensed under the drug abuse treatment facilities act, K.S.A. 65-4601 et seq. and amendments thereto, shall be admitted to the KSH or KVH unless the
abuse is the result of the use of a legally prescribed medication. A member who
abuses drugs, prescription or illegal, may be furloughed and may be considered
for discharge by the commission.
(6) Removal from the KSH or KVH. Any member who becomes
mentally ill or legally incompetent or who becomes addicted to or abuses
alcohol or drugs as specified in this regulation may be subject to furlough or
discharge.
(c) Children. Only minor children shall be eligible for
admission to the KSH and the KVH. No minor child shall be eligible for
admission unless accompanied by a member parent or member guardian. No child
who is 16 years of age or older shall be admitted to or reside in the KSH or
KVH unless the child is incapable of self-support and the superintendent makes
such a declaration. Determination of eligibility of dependent children shall be
in accordance with federal laws and USDVA regulations applicable to state
veterans' homes.
(d) Dependents. No person shall be admitted as the spouse of
the applicant unless the marriage is valid under the laws of the state of
Kansas.
