reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-569 - Resolution of complaints

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Complaints. Any person believing that there has been any violation of part C
			 may file a complaint with the lead agency. A complaint may allege any violation
			 of part C that occurred no more than one year before the lead agency received
			 the complaint.
(b) Complaint
			 proceedings. Any person who files a complaint may participate in the resolution
			 of the complaint through one or more of the proceedings specified in
			 subsections (c), (d), and (e), which may occur individually or simultaneously.
			 Each person shall be responsible for that person's legal fees.
(c) Formal complaint. Any person may file a
			 formal complaint against the lead agency, any local tiny-k program, or any
			 provider of early intervention services, or any combination of these.
(1) Each formal complaint shall be submitted
			 on a form provided by the lead agency or shall be submitted as a written and
			 signed statement that includes the following information:
(A) Any alleged violations of part C
			 requirements;
(B) the alleged
			 circumstances on which the formal complaint is based;
(C) the contact information of the person
			 filing the formal complaint; and
(D) a proposed resolution to the extent known
			 and available to the person.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-573 - System of payments

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Part C
			 funds shall be available at no cost to a family even if that family provides
			 consent to bill third-party sources, including private insurance.
(b) Funds under part C may be used only for
			 early intervention services that infants and toddlers with disabilities need if
			 the early intervention services are not paid for by any other federal source or
			 any Kansas, local, or private source, in accordance with
			 34 C.F.R.
			 303.520.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-576 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Academic
			 credit hour" means credit earned for coursework through an accredited
			 postsecondary educational institution.
(b) "Administrative order" means an order
			 that is issued by the secretary as specified in
			 K.S.A.
			 65-501 et seq., and amendments thereto, and
			 that is subject to the Kansas administrative procedures act.
(c) "Administrator" means the staff member
			 who is responsible for the general and fiscal management of the program.
(d) "Adult responsible for a child
			 or youth" means any of the following adults who is other than the child's or
			 youth's legal parent and who is responsible for the care and upbringing of the
			 child or youth:
(1) A stepparent;
(2) a grandparent;
(3) another relative; or
(4) a foster parent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-577 - Terms of temporary permit or license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) License
			 capacity.
(1) Building-based programs. The
			 license capacity of each building-based program shall be determined by the
			 combined indoor and outdoor available space for activities. For each child or
			 youth counted in the license capacity, each operator shall provide 35 square
			 feet of indoor available space for activities. If outdoor space is used, the
			 license capacity may be increased by one child or youth for each 75 square feet
			 of outdoor available space for activities, with the total license capacity not
			 to exceed 175% of the license capacity based on the indoor space.
(2) Outdoor summer camps. The license
			 capacity of each outdoor summer camp shall be determined by the available space
			 for activities. For each child or youth counted in the license capacity, the
			 operator shall provide 75 square feet of available space for activities.
(3) Mobile summer programs. The
			 license capacity of each mobile summer program shall be determined by the
			 available space for activities at the drop-off and pick-up site. Each operator
			 shall provide 20 square feet of available space for activities at the site for
			 each child and youth.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-578 - Licensure; amended license; exceptions; notification; renewal

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person shall have a temporary permit or license to operate
				a school-age program before children or youth are in attendance.
(a) Temporary permit or license required.
			 Each person desiring to operate a school-age program that meets one or more of
			 the following criteria shall obtain a temporary permit or license from the
			 secretary to operate a child care facility as specified in
			 K.S.A.
			 65-503, and amendments thereto:
(1) The program is designed to allow two or
			 more school-age children on a drop-in or enrolled basis to attend 12 hours a
			 week or more for more than two consecutive weeks, and is not an instructional
			 class or activity as specified in paragraph (b)(3) of this regulation.
(2) The public agency providing
			 funding to the program requires the program to be licensed as a child care
			 facility.
(3) The program is a day
			 reporting program for children 10 years of age or older and youth.
(4) The program is a specialized treatment,
			 therapeutic, correctional, or rehabilitative program for school-age children or
			 youth that children or youth attend 12 hours a week or more for more than two
			 consecutive weeks.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-579 - Applicant requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each individual
			 submitting an application for a license shall be 21 years of age or older at
			 the time of application.
(b) Each
			 corporation applying for a license shall be in good standing with the Kansas
			 secretary of state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-580 - Application procedures; advertising

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application
			 procedures.
(1) Each person wishing to
			 conduct a school-age program shall submit a complete application on forms
			 supplied by the department. The application shall be submitted at least 90
			 calendar days before the planned opening date of the program and shall include
			 the following:
(A) A description of the
			 program of activities and services to be offered, including the following:
(i) A statement of the program's purpose and
			 goals;
(ii) the number and ages of
			 children and youth for whom the program is designed; and
(iii) the anticipated opening date and the
			 projected hours and months of operation;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-581 - Inspections; surveys; investigations; posting administrative order

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Entry and
			 access. Each applicant and each operator shall give the secretary or the
			 secretary's designee immediate entry and access to the premises and to any
			 records required to be kept, to determine compliance with applicable statutes
			 and school-age program regulations. To ensure access, the applicant or operator
			 shall authorize the program director or program director's designee to grant to
			 the secretary, or the secretary's designee, immediate entry and access to the
			 premises and required records.
(b)
			 Notification of noncompliance.
(1) Applicant.
			 If an applicant is notified in writing that the applicant is not in compliance
			 with statutes or regulations governing school-age programs, the applicant shall
			 make any changes or alterations identified in the notice before a temporary
			 permit or license is issued by the secretary.
(2) Operator. If, following an inspection or
			 complaint investigation, the operator is notified in writing that the program
			 is not being conducted in compliance with statutes or regulations governing
			 school-age programs, the operator shall make any changes or alterations
			 identified in the notice necessary to achieve and maintain compliance.
(3) Explanation of findings. If an
			 applicant or operator disagrees with a notice documenting any finding of
			 noncompliance with licensing statutes or regulations, the applicant or operator
			 may request an explanation of the finding from the secretary's designee. If the
			 explanation is not satisfactory to the applicant or operator, the applicant or
			 operator may submit a written request to the department for reconsideration of
			 the finding. The written request shall identify the finding in question and
			 explain why the applicant or operator believes that the finding should be
			 changed. This request shall be made to the department within 10 calendar days
			 after receiving the explanation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-582 - Administration; training; recordkeeping

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Building
			 compliance. Before receiving a temporary permit or license, each applicant
			 shall obtain documentation that the building complies with applicable building
			 codes, fire safety requirements, and zoning codes. This documentation shall be
			 on file on the premises or at a designated central office location that is
			 accessible for review by the secretary's designee.
(b) Financial resources. Each operator shall
			 have the financial resources necessary to maintain the program in compliance
			 with licensing regulations.
(c)
			 Lines of authority. Each operator shall define in writing the lines of
			 authority governing the operation of the program.
(d) Delegation of authority. Each operator
			 shall delegate administrative authority so that each program has a program
			 director or a program director designee in charge during all hours of
			 operation.
(e) Children and youth
			 records.
(1) Each operator shall obtain the
			 following information for each child or youth before or on the first day of
			 attending the program:
(A) The first and last
			 name, date of birth, and gender;
(B) a health history, as specified in K.A.R.
			 28-4-590(d);
(C) the anticipated
			 schedule of hours and days of attendance or a notation that attendance is on a
			 drop-in basis; and
(D) the name,
			 address, and telephone number of each parent or other adult responsible for the
			 child or youth, the names of any other persons authorized to pick up the child
			 or youth, and emergency contact information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-583 - Access to the premises; safety of off-premises activities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Access to the
			 premises. Each operator shall give each custodial parent or other adult
			 responsible for a child or youth attending the program immediate access to the
			 premises during all hours of operation.
(b) Arrivals and departures. Each operator of
			 a program in which children and youth attend on a regular basis shall meet the
			 following requirements:
(1) Each operator
			 shall develop and implement a policy regarding the hours of operation, the
			 times for arrival and departure of each child and youth, and supervision during
			 arrival and departure. The operator shall define in the policy the supervisory
			 and notification responsibilities of each staff member if a child or youth does
			 not arrive at the established time or if a parent or other authorized
			 individual is late picking up the child or youth.
(2) Each operator shall inform each parent or
			 other adult responsible for a child or youth of the policy specified in
			 paragraph (b)(1) and shall ensure that each staff member complies with the
			 policy.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-584 - Background checks

Current through Register Vol. 43, No. 28, July
			 11, 2024
Each applicant and each operator shall meet the following
				requirements:
(a) Submit to the
			 department the identifying information necessary to complete background checks
			 for each individual at least 14 years of age who works or regularly volunteers
			 in the program and any other individual in the program whose activities involve
			 either supervised or unsupervised access to children. The identifying
			 information shall be submitted as follows:
(1)
			 When submitting an application for a license;
(2) when submitting an application to renew a
			 license; and
(3) before allowing
			 any individual to work or regularly volunteer in the program and before
			 allowing any individual whose activities involve either supervised or
			 un-supervised access to children to be in the program;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-586 - Outdoor summer camps and mobile summer programs

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each operator conducting an outdoor
			 summer camp or mobile summer program shall meet the requirements specified in
			 this regulation and the requirements in K.A.R. 28-4-577 through K.A.R.
			 28-4-584, K.A.R. 28-4-587 through K.A.R. 28-4-590, and K.A.R. 28-4-592.
(2) Each operator shall meet the
			 following requirements if the secretary determines that they are applicable to
			 the program and services:
(A) K.A.R.
			 28-4-576;
(B) K.A.R. 28-4-585;
(C) K.A.R. 28-4-591; and
(D) K.A.R. 28-4-593 through K.A.R.
			 28-4-596.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-587 - staff member qualifications; professional development training; staffing requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) staff
			 qualifications. Each operator and each staff member shall demonstrate an
			 understanding of children and youth and shall act with reasonable care and
			 judgment.
(b) Program director.
(1) Each operator shall hire a program
			 director who meets the following qualifications:
(A) Is at least 18 years of age and is at
			 least three years older than the oldest youth in the program;
(B) demonstrates the following:
(i) Knowledge of child and youth
			 development;
(ii) knowledge of the
			 licensing regulations governing school-age programs;
(iii) administrative and supervisory
			 skills;
(iv) the ability to
			 communicate clearly; and
(v) the
			 competence to manage the program in compliance with the program policies, the
			 program plan, and the licensing regulations governing school-age programs;
			 and
(C) holds either a
			 high school diploma or a general educational development (GED)
			 credential.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-588 - Program plan, program of activities, and use of space

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Program plan.
			 Each operator shall develop and implement a written program plan that includes
			 a program of activities, services, and schedules in keeping with the overall
			 mission, goals, and purpose of the program and the developmental needs and
			 interests of the children and youth.
(b) Program of activities.
(1) Each operator shall ensure that each
			 activity is adapted to the number of children and youth participating in the
			 activity and the space available. Whenever possible, each operator shall
			 encourage each child and youth to participate in planning the program of
			 activities.
(2) Each operator
			 shall ensure that each activity meets the following conditions:
(A) Is developmentally appropriate and
			 age-appropriate;
(B) helps each
			 child or youth develop useful skills, a positive self-concept, a sense of
			 independence, and positive relationships;
(C) provides a variety of structured,
			 unstructured, and self-directed activities in keeping with the goals and
			 purpose of the program and the hours of operation; and
(D) is scheduled to allow adequate time to
			 transition from one activity to another.
(3) Each operator shall ensure that
			 television programs, videos, and movies are limited to those with
			 age-appropriate content and are shown only for special occasions or educational
			 instruction.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-589 - Behavior management

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Behavior
			 management practices.
(1) Behavior management
			 practices shall be consistent with the goals and purposes of the program and
			 appropriate to the age and developmental level of the child or youth.
(2) Each staff member shall
			 practice methods of behavior management that are designed to help each child or
			 youth develop inner controls and manage the child's or youth's own behavior in
			 a socially acceptable manner.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-590 - Health-related requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Tobacco use
			 prohibited. Each operator shall ensure that tobacco products are not used
			 during the hours of operation of the program and while children or youth are in
			 attendance.
(b) Health of
			 individuals working or volunteering in the program.
(1) Each operator and each staff member shall
			 be free from physical, mental, and emotional handicaps as necessary to protect
			 the health, safety, and welfare of the children or youth.
(2) No individual working or volunteering in
			 a program shall be under the influence of alcohol or illegal substances, or
			 impaired due to the use of prescription or nonprescription drugs.
(3) Each individual working or volunteering
			 in the program shall be free from any infectious or contagious disease, as
			 specified in K.A.R. 28-1-6.
(4)
			 Each operator and each staff member who has regular, ongoing contact with
			 children or youth shall attest to that individual's health status on a form
			 supplied by the department or approved by the secretary. The health status form
			 shall indicate if the individual has been exposed to an active case of
			 tuberculosis or has been diagnosed with suspect or confirmed active
			 tuberculosis. Each individual shall update the health status form annually or
			 more often if there is a change in the health status or if the individual has
			 been exposed to an active case of tuberculosis.
(5) If an operator or staff member in contact
			 with children or youth experiences significant changes in physical, mental, or
			 emotional health or if the individual has been exposed to an active case of
			 tuberculosis, an assessment of the individual's current health status may be
			 required by the secretary. A licensed health care provider qualified to
			 diagnose and treat the condition shall conduct the health assessment. Each
			 assessment shall be kept in the individual's file and shall be submitted to the
			 secretary on request.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-591 - Food preparation, service, safety, and nutrition

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If meals or
			 snacks are served in the program, the operator shall ensure that the following
			 requirements are met:
(1) Sanitary practices.
(A) Each individual engaged in food
			 preparation and food service shall know and use sanitary methods of food
			 handling, food service, and storage.
(B) No individual shall be in the food
			 preparation area who is vomiting, has diarrhea, or has other signs, symptoms,
			 or positive laboratory tests indicative of an infectious illness that can be
			 transmitted through food handling.
(C) No individual shall handle or serve food
			 until the individual is no longer infectious as required by K.A.R. 28-1-6.
(D) Each individual involved in
			 food handling shall comply with all of the following requirements:
(i) Hands shall be washed with soap and
			 running water in a designated hand-washing sink immediately before the
			 individual engages in food preparation and before the individual serves food.
(ii) If the food preparation sink
			 is used for hand washing, the sink shall be sanitized before using it for food
			 preparation.
(iii) Individual
			 towels, disposable paper towels, or air dryers shall be used to dry hands.
(iv) Each individual serving food
			 shall use utensils or single-use gloves.
(v) Each individual with infectious skin
			 sores or with open or infected injuries on the hands or forearms shall cover
			 the sores or injuries with a bandage when handling or serving food.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-592 - Safety and emergency procedures; reporting requirements

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Telephone.
(1) Each operator shall ensure that there is
			 a working telephone readily available to the operator and staff members to
			 receive all incoming calls and make outgoing calls during all hours of
			 operation.
(2) Each operator shall
			 post emergency telephone numbers for the police, free department, ambulance,
			 hospital or hospitals, and poison control center next to the telephone, or
			 shall have the numbers immediately accessible to staff members.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-593 - Program-sponsored transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If the operator
			 provides or arranges for transportation for children and youth to and from the
			 premises or for program-sponsored activities, the operator shall ensure that
			 prior written permission is obtained for each child or youth to be transported
			 as specified in K.A.R. 28-4-582. The operator shall ensure that the
			 authorization for emergency medical care for each child or youth is in the
			 vehicle in which the children or youth are being transported or is immediately
			 available to emergency personnel. If the operator is unable to obtain written
			 permission or authorization for emergency medical care, the operator shall
			 follow the plan approved by the secretary as specified in K.A.R. 28-4-582.
(b) Transportation safety.
(1) Each operator shall ensure that the
			 following transportation safety requirements are met while transporting
			 children or youth:
(A) No child or youth
			 under 13 years of age shall be seated in the front seat of a vehicle that is
			 equipped with a passenger air bag.
(B) No child or youth shall be transported in
			 a trailer pulled by another vehicle, a camper shell, or a truck bed.
(C) Each vehicle that is owned or leased by
			 the operator and is used to transport children or youth shall be maintained in
			 safe operating condition and shall contain a first-aid kit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-594 - Swimming, wading, and water activities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General.
(1) Each operator shall have written
			 permission on file as specified in K.A.R. 28-4-582 for each child or youth
			 participating in water activities.
(2) Each operator shall ensure that an
			 individual who can swim and who has a current certificate in first aid and a
			 current certificate in CPR appropriate to the age of the children and youth
			 attending the program is in attendance if children or youth are participating
			 in water activities.
(3) Each
			 activity shall be conducted with strict regard for the life and safety of each
			 child and youth.
(4) Each staff
			 member responsible for the supervision of children or youth who are
			 participating in swimming, wading or water activities shall review the safety
			 rules with each child or youth before the child or youth participates in the
			 activity.
(5) Each operator shall
			 ensure that no child or youth is permitted to dive from a diving board unless
			 the requirements governing high-risk sports and recreational activities as
			 specified in K.A.R. 28-4-588 are met.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-595 - Animals on the premises

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) If animals are kept on the premises, each
			 operator shall ensure that each area in which an animal is permitted is
			 maintained in a clean and sanitary manner, with no evidence of flea, tick, or
			 worm infestation in the area.
(2)
			 Each operator shall prohibit poisonous animals, pit bulls, and other animals
			 that present a health or safety hazard to children and youth on the premises,
			 unless the animals are displayed as part of an animal exhibit and are
			 supervised at all times by trained animal care personnel.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-596 - Day reporting program

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each operator conducting a day reporting
			 program shall comply with the requirements specified in this regulation and the
			 requirements in K.A.R. 28-4-577 through K.A.R. 28-4-584, K.A.R. 28-4-587, and
			 K.A.R. 28-4-589 through K.A.R. 28-4-592.
(2) Each operator shall meet the following
			 requirements if the secretary determines that they are applicable to the
			 program and services:
(A) K.A.R. 28-4-576;
(B) K.A.R. 28-4-585 through K.A.R.
			 28-4-586; and
(C) K.A.R. 28-4-593
			 through K.A.R. 28-4-595.
(3) If the requirements of this regulation
			 appear to conflict with any other regulation governing school-age programs, the
			 more stringent regulation shall apply.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-600 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Accepted
			 medical practices" means the following:
(1)
			 Physiologic hearing screening of all newborns;
(2) follow-up hearing assessment before three
			 months of age for those newborns and infants who did not pass the hearing
			 screening;
(3) follow-up medical
			 evaluation for those newborns and infants with confirmed hearing loss; and
(4) follow-up early intervention
			 services to meet the needs of each newborn and infant with hearing loss and
			 each parent before the child reaches six months of age.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-601 - Initial hearing screening test: technology and protocol

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Trained
			 personnel at each medical care facility shall provide initial hearing screening
			 using ABR, AABR, OAE, and AOAE, in combination or alone, which objectively
			 assesses the physiologic status of the ear and which has no greater than a
			 30-40 dB HL (decibel hearing level) criterion for a pass result or a referral
			 for additional screening.
(b)
			 Trained personnel at each medical care facility shall follow an initial hearing
			 screening protocol that has been approved by the hearing screening state
			 program coordinator.
(c) The
			 initial hearing screening protocol shall include the following:
(1) The type of screening equipment to be
			 used;
(2) the time frame for the
			 first screening and, if needed, the second screening, before discharge;
(3) the plan for providing the
			 results to the parent, the newborn's or infant's primary medical care provider,
			 and the department;
(4) the
			 methods and materials to be used to inform the parent of the following:
(A) The purpose, benefits, and limitations of
			 hearing screening for newborns and infants;
(B) the procedures used for hearing
			 screening;
(C) the risk indicators
			 for delayed-onset, progressive, and acquired hearing loss;
(D) the factors that could result in a
			 referral for further hearing screening, including debris in the ear canal and
			 fluid in the middle ear;
(E) the
			 effects of hearing loss on infant development, including speech and language
			 development;
(F) the importance of
			 follow-up hearing assessment;
(G)
			 the benefits of early identification and intervention;
(H) the timelines for maximizing early
			 intervention; and
(I) a list of
			 facilities that provide audiologic assessment for newborns and for infants
			 younger than five months of age; and
(5) the referral plan to be used if the
			 hearing screening results are incomplete or if the newborn or infant does not
			 pass the hearing screening.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-602 - Location of hearing screening for newborns and infants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 specified in K.A.R. 28-4-609(a), the hearing of each newborn or infant shall be
			 screened in both ears before discharge.
(b)
(1)
			 Except as specified in paragraph (b)(2), hearing screening shall be carried out
			 in one of the following:
(A) The medical care
			 facility where the newborn is born;
(B) if the newborn is transferred to one or
			 more medical care facilities before being discharged, in the last medical care
			 facility to which the child is transferred; or
(C) if the medical care facility averages
			 fewer than 75 births per year over a three-year period, that medical care
			 facility or, by contract or written agreement, another facility that provides
			 hearing screening in compliance with this article.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-603 - Responsibilities of medical care facility's administrator

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each medical
			 care facility administrator shall be responsible for the following:
(1) Designating a hearing screening manager
			 or coordinator to be responsible for overseeing the facility's hearing
			 screening program and ensuring compliance with the applicable statutes and
			 regulations;
(2) designating a
			 physician to be responsible for overseeing the medical aspects of the
			 facility's hearing screening program;
(3) designating an audiologist on staff or a
			 consulting audiologist to be responsible for overseeing the audiologic aspects
			 of the facility's hearing screening program, including screening, tracking,
			 referral for evaluation, and personnel training; and
(4) budgeting for personnel, equipment, and
			 supplies needed to carry out the program.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-605 - Reporting to the department

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each manager or coordinator of the hearing screening program at
				each medical care facility shall report to the department the following:
(a) The program's protocol, policies,
			 types of equipment, and personnel, which shall be reported annually;
(b) any changes in protocol, policies, and
			 types of equipment, which shall be reported within 30 days of the change;
(c) the data for each newborn and
			 infant, which shall be reported within seven days after the hearing screening;
(d) all cumulative data, which
			 shall be reported annually; and
(e) the qualifications and training of the
			 hearing screening administrative and support personnel, as defined in K.A.R.
			 28-4-608, which shall be reported annually.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-606 - Responsibilities of the staff audiologist or consulting audiologist

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each staff audiologist or consulting audiologist shall meet the
				following requirements:
(a) Be
			 licensed to practice audiology in Kansas;
(b) have experience in using hearing
			 screening technology options to screen the hearing of newborns and infants;
(c) have experience or training in
			 developing and maintaining a hearing screening program;
(d) recommend hearing screening equipment and
			 a protocol to the manager or coordinator; and
(e) work with the manager or coordinator to
			 develop policy and procedures for the medical care facility, including the
			 following:
(1) Conducting the hearing
			 screening program;
(2) documenting
			 results;
(3) making referrals;
(4) providing the screening
			 results to the parent and the primary medical care provider;
(5) providing data on hearing screening and
			 follow-up to the department;
(6)
			 outlining a process for the periodic review of each screener's competency;
(7) monitoring the performance of
			 the screening program, including referral rates and the competency of screening
			 personnel; and
(8) providing
			 information, training, and technical assistance to the medical care facility,
			 as needed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-607 - Responsibilities of support personnel

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person who
			 screens the hearing of newborns and infants shall meet the following criteria:
(1) Meet the minimum qualifications specified
			 in K.A.R. 28-4-608;
(2)
			 periodically demonstrate the competency-based skills necessary to perform the
			 specific tasks assigned by the medical care facility;
(3) follow the policies and procedures of the
			 medical care facility; and
(4)
			 successfully complete the training specified in K.A.R. 28-4-608.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-608 - Qualifications and training of support personnel

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person who
			 screens the hearing of newborns and infants and who is not licensed in Kansas
			 for hearing screening shall meet the following criteria:
(1) Be 18 years of age or older;
(2) have a high school diploma or its
			 equivalent;
(3) be current with
			 the immunizations required by the medical care facility and be free of
			 infectious diseases transmittable to newborns and infants; and
(4) complete the required training as
			 specified in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-609 - Exceptions: parental right to refuse, medical care facility, medically fragile newborns, and home births

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If the
			 newborn's or infant's parent objects to the mandatory screening for the
			 detection of hearing loss, the parent's objection shall be documented in the
			 child's medical record.
(b) If the
			 medical care facility meets the definition of sending agency as specified in
			 K.A.R. 28-4-600, that sending agency shall meet the following requirements:
(1) Have a contract or written agreement with
			 a receiving agency that defines the responsibilities of each agency, including
			 which agency is responsible for tracking and follow-up and for submitting the
			 required data to the department;
(2) have the written agreement on file with
			 the department;
(3) before each
			 newborn's or infant's discharge, meet the following requirements:
(A) Schedule the hearing screening for the
			 child at the receiving agency;
(B)
			 provide the parent with the following information:
(i) The importance of early detection of
			 hearing loss;
(ii) the normal
			 infant developmental milestones regarding hearing, speech, and language;
(iii) the purpose, benefits, and
			 limitations of newborn hearing screening;
(iv) the procedures used for newborn hearing
			 screening; and
(v) the risk
			 indicators for delayed-onset, progressive, and acquired hearing loss; and
(C) obtain a signed
			 consent form from the parent to permit the receiving agency to share the
			 results of the hearing screening; and
(4) obtain the hearing screening results and
			 place them in the newborn's medical record.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-610 - Responsibilities of the primary medical care provider

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each primary medical care provider shall be responsible for the
				following:
(a) Ensuring that the
			 medical care facility implements hearing screening for the provider's patients
			 according to accepted medical practices;
(b) ensuring that the hearing screening
			 results are discussed with the parent;
(c) ensuring that the parent receives written
			 information about risk indicators for hearing loss;
(d) monitoring for delayed-onset,
			 progressive, and acquired hearing loss during the infant's routine medical
			 care;
(e) assisting the parent of
			 a newborn or infant who does not pass the hearing screening to obtain
			 audiologic and other appropriate medical consultation, follow-up, and diagnosis
			 for the child before the child is three months old;
(f) assisting the parent of a newborn or
			 infant with confirmed hearing loss to obtain appropriate intervention services
			 for the child before the child is six months old; and
(g) working with other health care
			 professionals and with the newborn's or infant's parent in the coordination of
			 care for a child with confirmed hearing loss.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-611 - Responsibilities of persons providing hearing screening after discharge

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Hearing
			 screening conducted after discharge shall be completed before the newborn is 30
			 days old, unless a different time period is medically indicated.
(b) Each person providing hearing screening
			 after discharge shall be responsible for the following:
(1) Following the hearing screening protocol,
			 as specified in K.A.R. 28-4-601;
(2) providing the screening results to the
			 following:
(A) The newborn's or infant's
			 parent;
(B) the newborn's or
			 infant's primary medical care provider;
(C) the department, as specified in K.A.R.
			 28-4-605; and
(D) with parental
			 consent, the medical care facility or facilities where the newborn was
			 delivered and discharged;
(3) providing information to the parent about
			 normal hearing, speech, and language development;
(4) providing information to the parent about
			 delayed-onset, progressive, and acquired hearing loss;
(5) providing information to the parent about
			 follow-up audiologic assessment if the newborn or infant does not pass the
			 hearing screening; and
(6)
			 providing a list of audiologic assessment provider sites for infants younger
			 than five months of age.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-612 - Responsibilities of persons providing audiologic assessment after discharge

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person who determines that a newborn or infant has a
				hearing loss shall be responsible for the following:
(a) Being licensed to practice audiology in
			 Kansas;
(b) providing the test
			 results to the parent, the child's primary medical care provider, and the
			 medical care facility where the child was born;
(c) reporting the test results to the
			 department;
(d) providing
			 information to the parent regarding the following topics:
(1) Normal hearing, speech, and language
			 development;
(2) progressive and
			 acquired hearing loss;
(3) the
			 importance of medical evaluation and diagnosis;
(4) the importance of early intervention;
(5) amplification options;
(6) assistive device options;
(7) local early intervention
			 services and educational programs; and
(8) the availability and importance of
			 parent-to-parent support;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-613 - Inability to pay

Current through Register Vol. 43, No. 28, July 11,
			 2024
No newborn or infant shall be refused hearing screening because
				of the parent's inability to pay for the procedure or in the absence of a
				third-party payor.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-700 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Adult
			 responsible for a child or youth" means any of the following adults who is
			 other than the child's or youth's legal parent and who is responsible for the
			 care and upbringing of the child or youth:
(1) A stepparent;
(2) a grandparent;
(3) another relative; or
(4) a foster parent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-701 - Licensure; application; renewal

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 shall have a temporary permit or a license to operate a drop-in program before
			 children or youth are in attendance.
(b) Each operator shall submit a new
			 application, the required forms, and the license fee, and shall obtain a new
			 temporary permit or a new license from the secretary, as follows:
(1) Before a drop-in program that has been
			 closed is reopened;
(2) if there
			 is a change in the location of the drop-in program; or
(3) if there is a change of ownership of the
			 drop-in program.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-702 - Inspections; investigations

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each applicant and each operator shall give the secretary or
				the secretary's designee immediate entry and access to the premises and to any
				records kept, to determine compliance with applicable statutes and with the
				drop-in program regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-703 - Recordkeeping

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 shall obtain the following information for each child or youth before or on the
			 first day of attending the drop-in program:
(1) The first and last name and date of
			 birth; and
(2) the name, address,
			 and telephone number of each parent or other adult responsible for the child or
			 youth, the names of any other persons authorized to pick up the child or youth,
			 and emergency contact information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-704 - Attendance policy; supervision

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 of a drop-in program shall meet the following requirements:
(1) Each operator shall develop and implement
			 an attendance policy that allows children and youth to arrive at and depart the
			 premises unsupervised, at unscheduled times and at their own volition.
(2) The operator shall inform the
			 parent or other adult responsible for each child or youth of the policy
			 specified in paragraph (a)(1). The parent or guardian of each child or youth
			 utilizing the drop-in program shall receive a written disclosure describing the
			 activities in which the child or youth can participate and the level of
			 supervision provided.
(3) Each
			 operator shall immediately notify the parent or guardian when a child or youth
			 either is injured and requires medical attention or dies.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-705 - Background checks

Current through Register Vol. 43, No. 28, July
			 11, 2024
Each applicant and each operator shall meet the following
				requirements:
(a) Submit to the
			 department the identifying information necessary to complete background checks
			 for each individual who works or regularly volunteers in the drop-in program
			 and any other individual in the drop-in program whose activities involve either
			 supervised or unsupervised access to children. The identifying information
			 shall be submitted as follows:
(1) When
			 submitting an application for a license;
(2) when submitting an application to renew a
			 license; and
(3) before allowing
			 any individual to work or regularly volunteer in the drop-in program and before
			 allowing any individual whose activities involve either supervised or
			 unsupervised access to children to be in the drop-in program;