39-1452. Confidentiality of records.

252 words·~1 min read·/ks/chapter-39/39-1452

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the protective agencies and to law enforcement agencies, either as part of a referral to the protective agencies or to law enforcement agencies or upon request of either protective agency or law enforcement agency pursuant to an investigation. The records may include historical records and records relating to the most recent transaction or transactions that may constitute financial exploitation of an eligible adult.

(b)No record made available to the commissioner or other agencies under this act shall be considered a public record under the open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection providing for the confidentiality of public records shall expire on July 1, 2029, unless the legislature reviews and acts to continue such provisions in accordance with K.S.A. 45-229 , and amendments thereto, prior to July 1, 2029.

(c)Notwithstanding any provision of law to the contrary, the protective agencies shall respond to reasonable inquiries from the notifying qualified person and may disclose to the notifying qualified person the general status or final disposition of any investigation that arose from a report made by such qualified person.

(d)Nothing in this act shall limit or otherwise impede the authority of the commissioner to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.