Kansas Statutes Annotated

K.S.A. § 22-4613 (2026)

Prohibition against releasing person from custody to avoid cost of medical treatment; court order

✓ current as of May 2026

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22-4613. Prohibition against releasing person from custody to avoid cost of medical treatment; court order. (a) A law enforcement officer having custody of a person shall not release such person from custody merely to avoid the cost of necessary medical treatment while the person is receiving treatment from a health care provider unless the health care provider consents to such release, or unless the release is ordered by a court of competent jurisdiction. When the law enforcement officer is satisfied that probable cause no longer exists to believe the suspect committed a crime based upon the ongoing investigation, or the prosecuting attorney gives notice that no prosecution will be forthcoming at this time, the law enforcement officer may release such person from custody. Upon the date of notification to the health care provider that the person is being released from custody because the ongoing investigation indicates that probable cause no longer exists or a decision by the prosecuting attorney that no charges will be filed, the law enforcement agency shall no longer be responsible for the cost of such person's medical treatment.

(b) As used in this section:

(1) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.

(2) "Health care provider" has the meaning ascribed thereto in K.S.A. 22-4612, and amendments thereto.

History: L. 2006, ch. 183, § 2; July 1.

Notes of Decisions

Cited in 3 cases, 2013–2020 · leading case: Univ. of Kansas Hosp. Auth. & Kansas Univ. Physicians, Inc. v. Bd. of Cnty. Commissioners, 348 P.3d 602 (Kan. 2015).

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Univ. of Kansas Hosp. Auth. & Kansas Univ. Physicians, Inc. v. Bd. of Cnty. Commissioners, 348 P.3d 602 (Kan. 2015). · cites it 4× “22-4612(a) finds reinforcement in the language of K.S.A. 22-4613(a), which the legislature enacted along with K.”

Univ. of Kansas Hosp. Auth. v. Bd. of Cnty. Commissioners, 313 P.3d 60 (Kan. Ct. App. 2013). · cites it 6× “” K.S.A. 22-4613 was enacted together with K.”

Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. Ct. App. 2020). · cites it 2× “This statute, in conjunction with K.S.A. 22-4613, is rooted in the principle that government agencies have a duty to treat people in their care humanely.”

— K.S.A. § 22-4613(a) — 2 cases

Univ. of Kansas Hosp. Auth. & Kansas Univ. Physicians, Inc. v. Bd. of Cnty. Commissioners, 348 P.3d 602 (Kan. 2015). “22-4612(a) finds reinforcement in the language of K.S.A. 22-4613(a), which the legislature enacted along with K.”

Univ. of Kansas Hosp. Auth. v. Bd. of Cnty. Commissioners, 313 P.3d 60 (Kan. Ct. App. 2013). “” K.S.A. 22-4613 was enacted together with K.”

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