K.S.A. » Chapter 59

K.S.A. § 59-2946

Definitions. [See Revisor's Note]

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59-2946. Definitions. [See Revisor's Note] When used in the care and treatment act for mentally ill persons:

(a) "Discharge" means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A. 59-2950, and amendments thereto, or by an order of a court issued pursuant to K.S.A. 59-2973, and amendments thereto.

(b) "Head of a treatment facility" means the administrative director of a treatment facility or such person's designee.

(c) "Law enforcement officer" means the same as defined in K.S.A. 22-2202, and amendments thereto.

(d) (1) "Mental health center" means any community mental health center as defined in K.S.A. 39-2002, and amendments thereto, or a mental health clinic organized as a not-for-profit or a for-profit corporation pursuant to K.S.A. 17-1701 through 17-1775, and amendments thereto, or K.S.A. 17-6001 through 17-6010, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto.

(2) "Participating mental health center" means a mental health center that has entered into a contract with the secretary for aging and disability services pursuant to the provisions of K.S.A. 39-1601 through 39-1612, and amendments thereto.

(e) "Mentally ill person" means any person who is suffering from a mental disorder that is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, and involving substantial behavioral, psychological or biological dysfunction, to the extent that the person is in need of treatment.

(f) (1) "Mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in subsection (e), who also lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders: Alcohol or chemical substance abuse; antisocial personality disorder; intellectual disability; organic personality syndrome; or an organic mental disorder.

(2) "Lacks capacity to make an informed decision concerning treatment" means that the person, by reason of the person's mental disorder, is unable, despite conscientious efforts at explanation, to understand basically the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment, as evidenced by an inability to weigh the possible risks and benefits.

(3) "Likely to cause harm to self or others" means that the person, by reason of the person's mental disorder: (A) Is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty; or (B) is substantially unable, except for reason of indigency, to provide for any of the person's basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person's ability to function on the person's own.

No person who is being treated by prayer in the practice of the religion of any church that teaches reliance on spiritual means alone through prayer for healing shall be determined to be a mentally ill person subject to involuntary commitment for care and treatment under this act unless substantial evidence is produced upon which the district court finds that the proposed patient is likely in the reasonably foreseeable future to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty.

(g) "Patient" means a person who is a voluntary patient, a proposed patient or an involuntary patient.

(1) "Voluntary patient" means a person who is receiving treatment at a treatment facility pursuant to K.S.A. 59-2949, and amendments thereto.

(2) "Proposed patient" means a person for whom a petition pursuant to K.S.A. 59-2952 or 59-2957, and amendments thereto, has been filed.

(3) "Involuntary patient" means a person who is receiving treatment under order of a court or a person admitted and detained by a treatment facility pursuant to an application filed pursuant to K.S.A. 59-2954(b) or (c), and amendments thereto.

(h) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within that hospital or agency.

(i) "Psychologist" means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.

(j) "Qualified mental health professional" means a physician or psychologist who is employed by a participating mental health center or who is providing services as a physician or psychologist under a contract with a participating mental health center, a licensed master's level psychologist, a licensed clinical psychotherapist, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, a licensed professional counselor, a licensed clinical professional counselor, a licensed specialist social worker or a licensed master social worker or a registered nurse who has a specialty in psychiatric nursing, who is employed by a participating mental health center and who is acting under the direction of a physician or psychologist who is employed by, or under contract with, a participating mental health center.

(1) "Direction" means monitoring and oversight including regular, periodic evaluation of services.

(2) "Licensed master social worker" means a person licensed as a master social worker by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318, and amendments thereto.

(3) "Licensed specialist social worker" means a person licensed in a social work practice specialty by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318, and amendments thereto.

(4) "Licensed master's level psychologist" means a person licensed as a licensed master's level psychologist by the behavioral sciences regulatory board under K.S.A. 74-5361 through 74-5373, and amendments thereto.

(5) "Registered nurse" means a person licensed as a registered professional nurse by the board of nursing under K.S.A. 65-1113 through 65-1164, and amendments thereto.

(k) "Secretary" means the secretary for aging and disability services.

(l) "State psychiatric hospital" means Larned state hospital, Osawatomie state hospital or south central regional mental health hospital.

(m) "Treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner.

(n) "Treatment facility" means any mental health center or clinic, psychiatric unit of a medical care facility, state psychiatric hospital, psychologist, physician or other institution or person authorized or licensed by law to provide either inpatient or outpatient treatment to any patient.

(o) The terms defined in K.S.A. 59-30,102, and amendments thereto, shall have the meanings provided by that section.

History: L. 1996, ch. 167, § 2; L. 1997, ch. 142, § 5; L. 1998, ch. 163, § 1; L. 2001, ch. 154, § 5; L. 2002, ch. 114, § 62; L. 2012, ch. 91, § 36; L. 2014, ch. 115, § 208; L. 2018, ch. 71, § 18; L. 2025, ch. 90, § 10; L. 2025, ch. 125, § 10; January 1, 2026.

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1998–2026 · leading case: State v. Baumgarner
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State v. Baumgarner (2021) kanctapp · cites it 13× “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
In re Care & Treatment of Snyder (2018) kan · cites it 19× “22-3303(1) ("[F]or such proceeding, 'mentally ill person subject to involuntary commitment for care and treatment' means a mentally ill person, as defined in subsection [e] of K.S.A. 59-2946... who is likely to cause harm to self and others, as defined in subsection [f][3] of K.”
Adams v. Board of Sedgwick County Commissioners (2009) kan · cites it 6× “Each of the phrases “mentally ill person,” “lacks capacity to make an informed decision concerning treatment,” and “likely to cause harm to self or others” are defined in K.S.A. 59-2946(e) and (f). The first phrase — “mentally ill person” — is defined to mean: “[A]ny person who…”
State v. Johnson (2009) kan · cites it 8× “K.S.A. 59-2946 provides: “When used in the care and treatment act for mentally ill persons: “(e) ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and…”
Adams v. BOARD OF SEDGWICK COUNTY COM'RS (2009) kan · cites it 6× “Each of the phrases "mentally ill person," "lacks capacity to make an informed decision concerning treatment," and "likely to cause harm to self or others" are defined in K.S.A. 59-2946(e) and (f). The first phrase—"mentally ill person"—is defined to mean: "[A]ny person who is…”
In Re the Care & Treatment of Sykes (2016) kan · cites it 5× “" K.S.A. 2014 Supp. 59-2946. The statutes clearly reveal that a person could be subject to involuntary commitment as a sexually violent predator without meeting the statutory definition of a mentally ill person subject to involuntary commitment for care and treatment.”
United States v. Christopher Perkins (2023) ca4 · cites it 5× “13 (West 2022); Kan. Stat. Ann. § 59-2946 (f)(1) (West 2022); Ky.”
In Re Vanderblomen (1998) kan · cites it 8× “” K.S.A. 1997 Supp. 59-2946(e) states: “ ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment…”
In the Interest of J.A.H. (2007) kan “A parent or custodian who is not a minor, a mentally ill person as defined in K.S.A. 59-2946 and amendments thereto or a disabled person as defined in K.”
Duy Mai v. United States (2020) ca9 “1 (20) (“serious” emotional injury on others); Kan. Stat. Ann. § 59-2946 (f)(1)–(3) (property damage); La.”
In re the Care & Treatment of Sykes (2014) kanctapp · cites it 2× “This includes a person who, by reason of a mental disorder, cannot understand “the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment.”
State v. McKinney (2021) kanctapp “possessing any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto." The Kansas Legislature enacted this statute in 2010.”
Show all 16 citing cases →
— K.S.A. § 59-2946(e) — 7 cases
In re Care & Treatment of Snyder (2018) kan “22-3303(1) ("[F]or such proceeding, 'mentally ill person subject to involuntary commitment for care and treatment' means a mentally ill person, as defined in subsection [e] of K.S.A. 59-2946... who is likely to cause harm to self and others, as defined in subsection [f][3] of K.”
Adams v. Board of Sedgwick County Commissioners (2009) kan “Each of the phrases “mentally ill person,” “lacks capacity to make an informed decision concerning treatment,” and “likely to cause harm to self or others” are defined in K.S.A. 59-2946(e) and (f). The first phrase — “mentally ill person” — is defined to mean: “[A]ny person who…”
State v. Baumgarner (2021) kanctapp “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
Adams v. BOARD OF SEDGWICK COUNTY COM'RS (2009) kan “Each of the phrases "mentally ill person," "lacks capacity to make an informed decision concerning treatment," and "likely to cause harm to self or others" are defined in K.S.A. 59-2946(e) and (f). The first phrase—"mentally ill person"—is defined to mean: "[A]ny person who is…”
In Re the Care & Treatment of Sykes (2016) kan “" K.S.A. 2014 Supp. 59-2946. The statutes clearly reveal that a person could be subject to involuntary commitment as a sexually violent predator without meeting the statutory definition of a mentally ill person subject to involuntary commitment for care and treatment.”
— K.S.A. § 59-2946(f) — 3 cases
State v. Baumgarner (2021) kanctapp “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
State v. Johnson (2009) kan “K.S.A. 59-2946 provides: “When used in the care and treatment act for mentally ill persons: “(e) ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and…”
In Re Vanderblomen (1998) kan “” K.S.A. 1997 Supp. 59-2946(e) states: “ ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment…”
— K.S.A. § 59-2946(f)(1) — 5 cases
In re Care & Treatment of Snyder (2018) kan “22-3303(1) ("[F]or such proceeding, 'mentally ill person subject to involuntary commitment for care and treatment' means a mentally ill person, as defined in subsection [e] of K.S.A. 59-2946... who is likely to cause harm to self and others, as defined in subsection [f][3] of K.”
State v. Baumgarner (2021) kanctapp “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
In Re the Care & Treatment of Sykes (2016) kan “" K.S.A. 2014 Supp. 59-2946. The statutes clearly reveal that a person could be subject to involuntary commitment as a sexually violent predator without meeting the statutory definition of a mentally ill person subject to involuntary commitment for care and treatment.”
Adams v. BOARD OF SEDGWICK COUNTY COM'RS (2009) kan “Each of the phrases "mentally ill person," "lacks capacity to make an informed decision concerning treatment," and "likely to cause harm to self or others" are defined in K.S.A. 59-2946(e) and (f). The first phrase—"mentally ill person"—is defined to mean: "[A]ny person who is…”
In re the Care & Treatment of Sykes (2014) kanctapp “This includes a person who, by reason of a mental disorder, cannot understand “the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment.”
— K.S.A. § 59-2946(f)(2) — 4 cases
Adams v. Board of Sedgwick County Commissioners (2009) kan “Each of the phrases “mentally ill person,” “lacks capacity to make an informed decision concerning treatment,” and “likely to cause harm to self or others” are defined in K.S.A. 59-2946(e) and (f). The first phrase — “mentally ill person” — is defined to mean: “[A]ny person who…”
State v. Baumgarner (2021) kanctapp “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
Adams v. BOARD OF SEDGWICK COUNTY COM'RS (2009) kan “Each of the phrases "mentally ill person," "lacks capacity to make an informed decision concerning treatment," and "likely to cause harm to self or others" are defined in K.S.A. 59-2946(e) and (f). The first phrase—"mentally ill person"—is defined to mean: "[A]ny person who is…”
In re the Care & Treatment of Sykes (2014) kanctapp “This includes a person who, by reason of a mental disorder, cannot understand “the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment.”
— K.S.A. § 59-2946(f)(3) — 4 cases
In re Care & Treatment of Snyder (2018) kan “22-3303(1) ("[F]or such proceeding, 'mentally ill person subject to involuntary commitment for care and treatment' means a mentally ill person, as defined in subsection [e] of K.S.A. 59-2946... who is likely to cause harm to self and others, as defined in subsection [f][3] of K.”
Adams v. Board of Sedgwick County Commissioners (2009) kan “Each of the phrases “mentally ill person,” “lacks capacity to make an informed decision concerning treatment,” and “likely to cause harm to self or others” are defined in K.S.A. 59-2946(e) and (f). The first phrase — “mentally ill person” — is defined to mean: “[A]ny person who…”
Adams v. BOARD OF SEDGWICK COUNTY COM'RS (2009) kan “Each of the phrases "mentally ill person," "lacks capacity to make an informed decision concerning treatment," and "likely to cause harm to self or others" are defined in K.S.A. 59-2946(e) and (f). The first phrase—"mentally ill person"—is defined to mean: "[A]ny person who is…”
State v. Baumgarner (2021) kanctapp “But as the court's opinion notes, the Kansas Legislature has removed any potential for uncertainty because that phrase is given a specific meaning under K.”
— K.S.A. § 59-2946(f)(l) — 4 cases
In Re Vanderblomen (1998) kan “” K.S.A. 1997 Supp. 59-2946(e) states: “ ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment…”
State v. Johnson (2009) kan “K.S.A. 59-2946 provides: “When used in the care and treatment act for mentally ill persons: “(e) ‘Mentally ill person’ means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and…”
Adams v. Board of Sedgwick County Commissioners (2009) kan “Each of the phrases “mentally ill person,” “lacks capacity to make an informed decision concerning treatment,” and “likely to cause harm to self or others” are defined in K.S.A. 59-2946(e) and (f). The first phrase — “mentally ill person” — is defined to mean: “[A]ny person who…”
In Re the Care & Treatment of Sykes (2016) kan “" K.S.A. 2014 Supp. 59-2946. The statutes clearly reveal that a person could be subject to involuntary commitment as a sexually violent predator without meeting the statutory definition of a mentally ill person subject to involuntary commitment for care and treatment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.