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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.A.R. 74-6-2 requires an additional office of a certified public accountant (CPA) have a resident manager who devotes more than half of his working time to the affairs of that office. This regulation is outside the scope of the legislatively delegated powers in that it violates the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1-202 e̲t̲ s̲e̲q̲.; K.S.A. 1987 Supp. 77-425, as amended by L. 1988, ch. 366, sec. 38; K.A.R. 74-6-1; 74-6-2; 74-6-1; U.S. Const., Fourteenth Amend.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A private citizen serving as the consumer representative on an institutional review board supervising research projects involving human beings is an employee within the meaning of the Kansas Tort Claims Act. Such person is not rendering professional services so as to be excepted from the Act by the terms of K.S.A. 1980 Supp. 75-6115, and such person is entitled to the defenses provided in the Act, (see K.S.A. 1980 Supp. 75-6104), legal representation, (see K.S.A. 1980 Supp. 75-6108), and indemnification (see K.S.A. 1980 Supp. 75-6109). Cited herein: K.S.A. 1980 Supp. 40-3401, 75-6102, 75-6103, 75-6104, 75-6108, 75-6109, 75-6111, and 75-6115, 21 CFR sections 56.101-124, 45 CFR sections 46.101-110, 45 Fed. Reg. 77384 (Nov. 21, 1980).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
It is within the discretion of the court to grant probation or to suspend the sentence for a second or subsequent conviction of driving while intoxicated. Cited herein: K.S.A. 8-262(a) and K.S.A. 1979 Supp. 8-1657, 21-4603(2)(d), 21-4618(1) and 21-3101.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Members of the Board of State Fair Managers are state employees for purposes of the Kansas Tort Claims Act. As such, except as provided in K.S.A. 75-6104, they are subject to suit for claims arising out of their wrongful acts. Members who have been held liable for damages occurring within the scope of their employment shall be indemnified by the state, though in the event the employee has acted with actual fraud or malice or has failed to cooperate in the defense, the state is entitled to repayment of any amounts paid out. The board is given authority to regulate and control fairground use. While the sale and consumption of intoxicating liquors are generally prohibited on public property, the prohibition does not extend to cereal malt beverages. Therefore, as long as the statutory and regulatory requirements are met, the board may authorize Sunday sales of cereal malt beverages on the fairgrounds. Cited herein: K.S.A. 2-139; 2-202, as amended by 1987 Senate Bill No. 3, Sec. 7; 2-205, as amended by 1987 Senate Bill No. 3, Sec. 10; 41-102(b), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 54; 41-2704(a), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 4; 74-520, as amended by 1987 Senate Bill No. 3, Sec. 3; 74-521, as amended by 1987 Senate Bill No. 3, Sec. 20; 75-6101, 75-6102(d); 75-6104, amended by 1987 House Bill No. 2023, Sec. 3; 75-6105(c); 75-6109; 1987 House Bill No. 2615, Sec. 4(b)(2).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan