reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-157 - Specialized rehabilitation services

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall provide or obtain rehabilitative
				services for residents, including physical therapy, speech-language pathology,
				audiology, and occupational therapy.
(a) Provision of services. If specialized
			 rehabilitative services are required in the resident's comprehensive plan of
			 care, the facility shall:
(1) Provide the
			 required services; or
(2) obtain
			 the required services from an outside resource in accordance with K.A.R.
			 28-39-163 (h), from a provider of specialized rehabilitation services.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-158 - Dietary services

Current through Register Vol. 43, No. 28, July 11,
			 2024
The nursing facility shall provide each resident with
				nourishing, palatable, attractive, non-contaminated foods that meet the daily
				nutritional and special dietary needs of each resident. A facility that has a
				contract with an outside food management company shall be found to be in
				compliance with this regulation if the company meets the requirements of these
				regulations.
(a) Staffing.
(1) Overall supervisory responsibility for
			 the dietetic services shall be the assigned responsibility of a full-time
			 employee who is a licensed dietitian or a dietetic services supervisor who
			 receives regularly scheduled onsite supervision from a licensed dietitian. The
			 nursing facility shall provide sufficient support staff to assure adequate time
			 for planning and supervision.
(2)
			 The nursing facility shall implement written policies and procedures for all
			 functions of the dietetic services department. The policies and procedures
			 shall be available for use in the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-159 - Dental Services

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall assist residents in obtaining
				routine and 24-hour emergency dental care. The facility shall:
(a) Maintain a list of available dentists for
			 residents who do not have a dentist;
(b) assist residents, if requested or
			 necessary, in arranging for appropriate dental services; and
(c) assist residents in arranging
			 transportation to and from the dentist's office.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-160 - Other resident services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Special care
			 section. A nursing facility may develop a special care section within the
			 nursing facility to serve the needs of a specific group of residents.
(1) The facility shall designate a specific
			 portion of the facility for the special care section.
(2) The facility shall develop admission and
			 discharge criteria that identify the diagnosis, behavior, or specific clinical
			 needs of the residents to be served. The medical diagnosis, physician's
			 progress notes, or both shall justify admission to the section.
(3) A written physician's order shall be
			 required for placement.
(4) Direct
			 care staff shall be present in the section at all times.
(5) Before admission to a special care
			 section, the facility shall inform the resident or resident's legal
			 representative in writing of the services and programs available in the special
			 care section that are different from those services and programs provided in
			 the other sections of the facility.
(6) The facility shall provide a training
			 program for each staff member before the member's assignment to the section.
			 Evidence of completion of the training shall be on file in the employee's
			 personnel records.
(7) The
			 facility shall provide in-service training specific to the needs of the
			 residents in the special care section to staff at regular intervals.
(8) The facility shall develop and make
			 available to the clinical care staff policies and procedures for operation of
			 the special care section.
(9) The
			 facility shall provide a substation for use by the direct care staff in the
			 special care section. The design of the substation shall be in accordance with
			 the needs of the special care section and shall allow for visibility of the
			 corridors from that location.
(10)
			 Staff in the section shall be able to observe and hear resident and emergency
			 call signals from the corridor and nurse substation.
(11) The facility shall provide living,
			 dining, activity, and recreational areas in the special care section at the
			 rate of 27 square feet per resident, except when residents are able to access
			 living, dining, activity, and recreational areas in another section of the
			 facility.
(12) The comprehensive
			 resident assessment shall indicate that the resident would benefit from the
			 program offered by the special care section.
(13) The resident comprehensive care plan
			 shall include interventions that effectively assist the resident in correcting
			 or compensating for the identified problems or need.
(14) Control of exits shall be the least
			 restrictive possible for the residents in the section.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-161 - Infection control

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall establish and maintain an infection
				control program designed to provide a safe, sanitary, and comfortable
				environment for residents and to prevent the development and transmission of
				disease and infection.
(a) Each
			 facility shall establish an infection control program under which the facility
			 meets the following requirements:
(1)
			 Prevents, controls, and investigates infections in the facility;
(2) develops and implements policies and
			 procedures that require all employees to adhere to universal precautions to
			 prevent the spread of blood-borne infectious diseases based on "universal
			 precautions for prevention of transmission of human immunodeficiency virus,
			 hepatitis B virus, and other bloodborne pathogens in health-care settings," as
			 published in the morbidity and mortality weekly report, June 24, 1988, vol. 37
			 no. 24 and CDC guidelines for "handwashing and hospital environmental control,"
			 as published in November 1985, are hereby adopted by reference;
(3) develops and implements policies and
			 procedures related to isolation of residents with suspected or diagnosed
			 communicable diseases based on the centers for disease control "guideline for
			 isolation precautions in hospitals," as published in January 1996, which is
			 hereby adopted by reference;
(4)
			 develops policies and procedures related to employee health based on the
			 centers for disease control "guideline for infection control in hospital
			 personnel," as published in August 1983, which is hereby adopted by reference;
(5) assures that at least one
			 private room that is well ventilated and contains a separate toilet facility is
			 designated for isolation of a resident with an infectious disease requiring a
			 private room. The facility shall develop a policy for transfer of any resident
			 occupying the designated private room to allow placement of a resident with an
			 infectious disease requiring isolation in the private room designated as an
			 isolation room;
(6) includes in
			 the orientation of new employees and periodic employees in-service information
			 on exposure control and infection control in a health care setting; and
(7) maintains a record of
			 incidents and corrective actions related to infection that is reviewed and
			 acted upon by the quality assessment and assurance committee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-163 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall be administered in a manner that
				enables it to use its resources effectively and efficiently to attain or
				maintain the highest practicable physical, mental, and psychosocial well-being
				of each resident.
(a) Governing body.
(1) Each facility shall have a governing body
			 or shall designate a group of people to function as a governing body. The
			 governing body shall be legally responsible for establishing and implementing
			 policies regarding the management and operation of the facility.
(2) The governing body shall appoint an
			 administrator who meets the following criteria:
(A) Is licensed by the state; and
(B) has full authority and responsibility for
			 the operation of the facility and compliance with licensing requirements.
(3) The licensee shall
			 adopt a written position description for the administrator that includes
			 responsibility for the following:
(A)
			 Planning, organizing, and directing the operation of the facility;
(B) implementing operational policies and
			 procedures for the facility; and
(C) authorizing, in writing, a responsible
			 employee 18 years old or older to act on the administrator's behalf in the
			 administrator's absence.
(4) Each facility may request approval from
			 the department for an administrator to supervise more than one nursing
			 facility. Each request shall be submitted, in writing, by the governing bodies
			 of the facilities on a form approved by the department. Each facility shall
			 meet all of the following conditions:
(A) The
			 facilities are in a proximate location that would facilitate on-site
			 supervision daily, if needed.
(B)
			 The combined resident capacity does not exceed 120 residents.
(C) The administrator appointed to operate
			 the facilities has had at least two years of experience as an administrator of
			 a nursing facility and has demonstrated the ability to assure the health and
			 safety of residents.
(D) When a
			 change in administrator occurs, the facilities submit the credentials of the
			 proposed new administrator for approval by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-164 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Adult care
			 home" means any facility that meets the definition specified in K.A.R.
			 28-39-144.
(b) "Clinical
			 instruction" means training in which the trainee demonstrates knowledge and
			 skills while performing tasks on an individual under the direct supervision of
			 the course instructor. Clinical instruction may be performed in any of the
			 following settings:
(1) An adult care
			 home;
(2) a long-term care unit of
			 a hospital; or
(3) a simulated
			 laboratory.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-165 - Nurse aide training program

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Requirements. Unlicensed employees who provide direct individual care to
			 residents shall be required to perform the following:
(1) Successfully complete at least a 90-hour
			 nurse aide course that has been approved by the secretary; and
(2) pass a state test as specified in K.A.R.
			 28-39-168.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-166 - Nurse aide course instructor

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Approval and qualifications.
(1) Each person who intends to be a course
			 instructor shall submit a completed instructor approval application form to the
			 department at least three weeks before offering an initial course and shall
			 receive approval as an instructor before the first day of an initial
			 course.
(2) Each course instructor
			 shall be a registered nurse with a minimum of two years of licensed nursing
			 experience, with at least 1,750 hours of experience in either or a combination
			 of an adult care home or long-term care unit of a hospital. Each course
			 instructor shall have completed a course in teaching adults, shall have
			 completed a professional continuing education offering on supervision or adult
			 education, or shall have experience in teaching adults or supervising nurse
			 aides.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-167 - Out-of-state and allied health training endorsement for nurse aide

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 whom the secretary has determined to have successfully completed training or
			 passed a test, or both, that is equivalent to the training or test required by
			 this state may be employed without taking this state's test.
(b) Each person whom the secretary has
			 determined not to be exempt from examination pursuant to subsection (a) but who
			 meets any one of the following requirements shall be deemed to have met the
			 requirements specified in K.A.R. 28-39-165 if that person passes a state test
			 as specified in K.A.R. 28-39-168:
(1) Each
			 person who has received nurse aide training in another state, is listed on
			 another state's registry as a nurse aide, and is eligible for employment as a
			 nurse aide shall be deemed eligible to take the state test as specified in
			 K.A.R. 28-39-168. Each person whose training in another state is endorsed and
			 who has passed the state test shall be issued a nurse aide
			 certificate.
(2) Each person who
			 meets any of the following criteria shall be deemed eligible to take the state
			 test as specified in K.A.R. 28-39-168:
(A)
			 Has completed training deemed equivalent to the requirements specified in
			 K.A.R. 28-39-165;
(B) is currently
			 licensed in Kansas or another state to practice as a registered nurse, licensed
			 practical nurse, or licensed mental health technician, with a license that has
			 not been suspended or revoked; or
(C) has a license to practice as a registered
			 nurse, licensed practical nurse, or licensed mental health technician that has
			 expired within the 24-month period before applying for equivalency, but has not
			 been suspended or revoked.
(3) Each person who has received training
			 from an accredited nursing or mental health technician training program within
			 the 24-month period before applying for equivalency and whose training included
			 a basic skills component comprised of personal hygiene, nutrition and feeding,
			 safe transfer and ambulation techniques, normal range of motion and
			 positioning, and a supervised clinical experience in geriatrics shall be deemed
			 eligible to take the state test as specified in K.A.R. 28-39-168.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-168 - State nurse aide test

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Composition of state nurse aide test. The state test shall be comprised of 100
			 multiple-choice questions. A score of 75 percent or higher shall constitute a
			 passing score.
(b) State nurse aide
			 test eligibility.
(1) Only persons who have
			 successfully completed an approved 90-hour nurse aide course or completed
			 education or training that has been endorsed or deemed equivalent as specified
			 in K.A.R. 28-39-167 shall be allowed to take the state test.
(2) Each person shall have a maximum of three
			 attempts within 12 months from the beginning date of the course to pass the
			 state test after completing an approved 90-hour course as specified in K.A.R.
			 28-39-165.
(3) If the person does
			 not pass the state test within 12 months after the starting date of taking an
			 approved 90hour course, the person shall retake the entire course.
(4) If a person whose education or training
			 has been endorsed or deemed equivalent as specified in K.A.R. 28-39-167 and the
			 person does not pass the state test on the first attempt, the person shall
			 successfully complete an approved 90-hour nurse aide course as specified in
			 K.A.R. 28-39-165 to retake the state test. Each person whose training was
			 endorsed or deemed equivalent, who failed the state test, and who has
			 successfully completed an approved nurse aide course shall be eligible to take
			 the test three times within a year after the beginning date of the
			 course.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-169a - Medication aide

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each
			 medication aide candidate shall be either a nurse aide who has been issued a
			 certificate by the secretary or a qualified mental retardation professional as
			 defined in 42 C.F.R.
			 483.430(a), revised October
			 1, 2010 and hereby adopted by reference, and shall meet the following
			 requirements:
(1) Has completed a course in
			 medication administration approved by the secretary; and
(2) has passed a state test as approved by
			 the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-169b - State medication aide test

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) The state test shall be administered by
			 the secretary or the designated agent and in accordance with guidelines
			 prescribed by the secretary as outlined in the "certified medication aide test
			 manual" on pages 24 through 31 of the "Kansas certified medication aide sponsor
			 and instructor manual," dated February 2011. These pages are hereby adopted by
			 reference.
(1) Each person who has completed
			 the medication aide course as specified in K.A.R. 28-39-169a shall have a
			 maximum of two attempts to pass the state test within 12 months after the first
			 day of the course. If the person does not pass the test within this 12-month
			 period, the course shall be retaken. Each time the person successfully
			 completes the course, the person shall have two attempts to pass the state test
			 within 12 months after the first day of the course. The number of times a
			 person may retake the course shall be unlimited.
(2) Each person who is a Kansas-certified
			 nurse aide and whose training has been deemed equivalent to the Kansas
			 medication aide course shall have a maximum of one attempt to pass the test
			 within 12 months after the date the equivalency is approved. If the person does
			 not pass the test within this 12-month period, the person shall be required to
			 take the medication aide course.
(3) There shall be three different forms of
			 the state test. The different forms of the test shall be used on an alternating
			 basis. Each of the three forms shall be comprised of 85 multiple-choice
			 questions. The passing score for each of the three forms of the test shall be
			 65 or higher.
(4) Only persons who
			 have met the requirements specified in K.A.R. 28-39-169a(a)(l) and (h) shall be
			 eligible to take the state test.
(5) Each person whose second language is
			 English shall be allowed to use a bilingual dictionary while taking the state
			 test. Limited English proficiency shall not constitute a disability with regard
			 to accommodation. An extended testing period of up to two additional hours may
			 be offered to persons with limited English proficiency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-169c - Medication aide continuing education

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each person who has a certificate of
			 completion for a medication aide training course as specified in K.A.R.
			 28-39-169a and who wishes to maintain the certificate shall complete, every two
			 years, a program of 10 hours of continuing education approved by the
			 secretary.
(b) The continuing
			 education requirement shall include one or more of the following topics:
(1) Classes of drugs and new drugs;
(2) new uses of drugs;
(3) methods of administering
			 medications;
(4) alternative
			 treatments, including herbal drugs and their potential interaction with
			 traditional drugs;
(5) safety in
			 the administration of medications; or
(6) documentation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-225 - Physical environment and complete construction; 16 beds or fewer

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provisions. The following provisions describe the physical environment and
			 complete construction requirements for residential buildings in which not more
			 than 16 residents are housed in one building. The facility shall provide for a
			 safe, sanitary environment and for the safety and comfort of the residents.
			 Residential buildings which house six or fewer residents are governed solely by
			 the code of federal regulations,
			 42 CFR
			 483.470, as published in the Federal
			 Register, Vol. 53, No. 107, Friday, June 3, 1988 and adopted by reference in
			 K.A.R. 28-39-226.
(b) Each
			 residential building shall consist of at least the following units, areas, and
			 rooms which shall all be within a single building and under one roof.
(1) A bedroom unit which shall consist of not
			 more than 16 beds. Each bed shall be located in a room designed for not more
			 than four beds. At least one single-bed room shall be provided. Each resident
			 bedroom shall meet the following requirements:
(A) Minimum room areas, excluding toilet
			 rooms, closets, lockers, wardrobes, other built-in fixed items, alcoves, or
			 vestibules, shall be 80 square feet in single-bed rooms and 60 square feet per
			 bed in multi-bed rooms;
(B) Each
			 toilet room shall contain at least a water closet and a lavatory but not more
			 than two water closets. The lavatory may be omitted if the toilet adjoins
			 bedrooms containing a lavatory. There shall be not less than one water closet
			 for each five residents;
(C) Each
			 resident room shall be provided with a fixed closet or freestanding wardrobe
			 with doors. A shelf and hanging rod shall be provided;
(D) Each resident room shall be equipped with
			 furnishings required to meet the developmental needs of the residents; and
(E) Each resident room shall be
			 located not more than 75 feet from a toilet room and not more than 150 feet
			 from any one of the other resident use areas contained within the residential
			 building, except other bedrooms. Distance shall be measured from one foot
			 outside the resident room door along the shortest line in the general corridor,
			 within one foot of corners, to one foot of the door to each service area.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-226 - General licensure

Current through Register Vol. 43, No. 28, July 11,
			 2024
The code of federal regulations
				42 CFR
				483.400 to CFR 483.480 inclusive, as
				published in the Federal Register, Vol. 53, No. 107, Friday, June 3, 1988, is
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-227 - General licensure

Current through Register Vol. 43, No. 28, July 11,
			 2024
The code of federal regulations,
				42 CFR
				483.1 to
				42 CFR
				483.75 inclusive, as published in the federal
				register, Vol. 56, No. 187, Thursday, September 26, 1991, and as amended in
				Vol. 57, No. 185, Wednesday, September 23, 1992 is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-228 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Activities
			 director" means a person who meets the following requirements:
(1) Has completed the requirements for
			 certification as a music therapist or has completed the requirements for
			 graduation as a horticultural therapist; and
(2) has one year of experience in a patient
			 activities program in a health care setting.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-229 - Resident rights

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No resident
			 shall be presumed to be incompetent, to forfeit any legal rights,
			 responsibility or obligation, or to suffer any legal disability as a citizen,
			 unless otherwise prescribed by law, as a consequence of receiving care or
			 treatment in a nursing facility for mental health.
(1) Each resident shall have the right to be
			 evaluated, treated and habilitated in the least restrictive environment
			 possible.
(2) Each resident shall
			 have the right to contact a representative at the local community mental health
			 center about their care and treatment.
(3) Each resident shall be given free access
			 to the surrounding local community.
(4) Each resident shall have the right to
			 have daily opportunities for physical exercise and outdoor recreation.
(5) Each resident shall have the
			 right to have access to current newspapers, magazines and radio and television
			 programming.
(6) Each resident
			 shall have, at a minimum, the right at all times to communicate by unopened
			 mail with his or her immediate family, case manager, legal representative, and
			 representatives from the Kansas department on aging, Kansas department of
			 social and rehabilitation services and the Kansas department of health and
			 environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-230 - Admission, transfer and discharge

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The commitment
			 of a resident to a nursing facility for mental health shall not be permitted.
(b) Persons identified by the
			 admitting physician as being a danger to themselves or others shall not be
			 admitted to nursing facilities for mental health.
(c) Each resident shall have established at
			 admission an initial plan of care based on the physician's admitting diagnosis.
(d) Each resident's mental health
			 plan of care shall include a discharge plan.
(e) Each resident shall have the right to
			 request a review of progress for discharge at any scheduled regular review.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-231 - Resident behavior and facility practices

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Psychotropic
			 medication shall only be prescribed and used for a resident's treatment program
			 following:
(1) Receipt of informed consent
			 from the resident, or the resident's legal representative;
(2) documentation in the resident's record of
			 the rationale for the use of the medication; and
(3) implementation of an objective monitoring
			 system to determine the impact of the medication on the resident's behavior.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-232 - Quality of life; activity programs

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each nursing
			 facility for mental health shall have an organized activity program which is
			 managed by an activity director and is directed toward community integration.
(b) The activity program plan for
			 the facility shall be based on the needs identified in the comprehensive
			 assessment of each resident and on interests expressed by individual residents.
(c) Activities shall be offered at
			 least daily.
(d) Activities
			 offered shall be varied and shall be planned for individuals, small groups or
			 large groups with opportunities for involvement in the local community.
(e) Monthly calendars of
			 activities offered shall be prepared in advance and shall be kept for three
			 months.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-233 - Resident assessment

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An assessment
			 upon admission for each resident shall be completed and shall include, but not
			 be limited to a statement of presenting problems.
(b) Prior to the development of the mental
			 health plan of care, a comprehensive assessment shall be completed within 14
			 days after admission for each resident and shall include but not be limited to:
(1) The minimum data set plus prepared by a
			 registered nurse;
(2) psychosocial
			 assessment prepared by a mental health professional to determine strengths and
			 weaknesses in:
(A) Living arrangements;
(B) financial resources;
(C) vocational and educational
			 skills;
(D) leisure pursuits;
(E) social support structures; and
(F) previous compliance with
			 treatment programs; and
(3) a social history which includes:
(A) Family background;
(B) educational history, and
(C) employment history.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-234 - Quality of care

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each facility
			 shall develop and provide a system of mental health treatment and medical care
			 for all residents including all aspects of care from admission through
			 discharge. The system shall include the following provisions.
(1) Each facility shall conduct for each
			 resident an admission assessment based upon information from available sources
			 and document the findings in the resident's record.
(2) Each facility shall write an initial
			 treatment plan for each resident based on the admission assessments which will
			 be used to guide the treatment provided for the resident with necessary
			 documented revisions until the implementation of the mental health plan of
			 care.
(3) Each facility shall
			 conduct and document in each resident's record comprehensive assessments that
			 will be used to formulate the mental health plan of care.
(4) Each facility shall write and implement
			 the mental health plan of care with necessary revisions through the course of
			 each resident's stay.
(5) Each
			 facility shall identify and document in each resident's record a discharge plan
			 that integrates the wishes of the resident or legal representative.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-235 - Nursing services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each nursing
			 facility for mental health shall employ or have on contract a psychiatric nurse
			 who shall perform a monthly written evaluation of each resident's response to
			 the mental health plan of care.
(b) A registered nurse shall perform for each
			 resident receiving psychotropic medication an annual evaluation for tardive
			 dyskinesia based on an industry-wide accepted test.
(c) Each nursing facility for mental health
			 shall have a licensed nurse on duty at all times.
(d) Each facility shall have a registered
			 nurse on duty at least eight hours a day, seven days a week.
(e) Each facility with 41 or more beds shall
			 have an additional licensed nurse on duty during the working shift of the
			 director of nursing.
(f) Each
			 facility shall provide sufficient direct care staff to manage and supervise
			 residents in accordance with each resident's mental health plan of care.
(g) Each facility shall provide
			 sufficient support staff so that direct care staff are not required to perform
			 cleaning, dietary and maintenance tasks to the extent that those duties
			 interfere with the exercise of their primary direct care duties.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-236 - Dietary services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Residents shall
			 be encouraged to participate in meal planning, food purchasing, food
			 preparation, table setting, serving, dishwashing and cleanup.
(b) The facility shall be responsible for
			 assisting residents in learning what constitutes good nutritional practices.
(c) Menus shall be developed with
			 input on food preferences from residents.
(d) Menus shall include a variety of foods
			 prepared in various ways.
(e)
			 Menus shall be written for a minimum of a three week cycle in which meals are
			 not repeated.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-237 - Physician services

Current through Register Vol. 43, No. 28, July 11,
			 2024
For each resident having a psychiatric diagnosis, a written
				agreement for the provision of psychiatric services or consultation shall be
				entered into if primary services are provided by a physician other than a
				psychiatrist.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-238 - Infection control

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each facility
			 shall provide a sanitary environment and shall follow proper techniques of
			 asepsis, sterilization, and isolation.
(b) Each facility shall have written policies
			 and procedures for aseptic and isolation techniques. Those policies and
			 procedures shall be followed by all employees. If the facility does not have
			 the capability of caring for a resident with an infectious disease, the written
			 policies shall include provisions for handling the case until arrangements can
			 be made to transfer the resident to an appropriate facility.
(c) Each facility shall have, and follows,
			 written procedures to insure safe disposal of infectious waste and materials.
(d) Each facility shall have, and
			 follow, written procedures to monitor the health status of all employees.
(e) Each ice storage container
			 shall be kept clean, and ice and ice scoops shall be handled in a sanitary
			 manner to prevent contamination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-239 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensed
			 nursing facility for mental health shall have an administrator, duly approved
			 by the Kansas department of health and environment who acts in a professional
			 capacity in accordance with regulations governing the operation of a nursing
			 facility for mental health.
(b)
			 Each nursing facility for mental health shall adopt and enforce written
			 policies relative to:
(1) The health care,
			 safety, psychosocial, and self-esteem needs of the residents;
(2) the protection of personal and property
			 rights of residents; and
(3)
			 emergency medical procedures.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-241 - Community governance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The assisted
			 living or residential health care facility shall facilitate the organization of
			 a council which will meet regularly to provide residents with a forum to
			 provide input into community governance.
(b) The facility shall accommodate the
			 council process by providing space for the meetings, posting notices of the
			 meetings and assisting residents who wish to attend the meetings.
(c) In order to permit a free exchange of
			 ideas and concerns, meetings shall be conducted without the presence of
			 facility staff, except when allowed by residents.
(d) The administrator or operator shall
			 respond to each written idea and concern from the council in writing within 30
			 days after the meeting, with a copy of the response provided to the council.
			 Copies of the written ideas or concerns and the responses shall be available to
			 surveyors.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-242 - Admission, transfer and discharge

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each assisted
			 living or residential health care facility shall develop and implement written
			 admission, transfer and discharge policies which protect the rights of
			 residents as required by K.A.R. 28-39-148. In addition, the facility shall not
			 admit or retain residents who have one or more of the following conditions
			 unless the negotiated service agreement includes hospice or family support
			 services which are available 24 hours a day or similar resources:
(1) Incontinence, where the resident cannot
			 or will not participate in management of the problem;
(2) immobility, where the resident requires
			 total assistance in exiting the building;
(3) any ongoing condition requiring a
			 two-person transfer;
(4) any
			 ongoing skilled nursing intervention needed 24 hours a day for an extended
			 period of time; or
(5) any
			 behavioral symptom that exceeds manageability.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-243 - Resident functional capacity screen

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) On or before
			 admission to an assisted living or residential health care facility, a licensed
			 nurse, licensed social worker or the administrator or operator shall conduct a
			 functional capacity screen on each resident as specified by the secretary. A
			 facility may choose to integrate the specified screen in an instrument
			 developed by the facility. Each element and definition as specified by the
			 secretary shall be included in the facility functional capacity screen.
(b) A functional capacity screen
			 shall be conducted at least annually, or following a significant change in the
			 resident's physical, mental or psychosocial functioning which would require a
			 change in the negotiated service agreement.
(c) The functional capacity screen shall be
			 used as a basis for determining the services to be included in the negotiated
			 service agreement.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-244 - Negotiated service agreement

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The assisted
			 living or residential health care facility shall develop, in collaboration with
			 the resident, the resident's legal representative, family, if agreed to by the
			 resident, or case manager, a written negotiated service agreement based on
			 service needs or preferences of the resident. The negotiated service agreement
			 shall:
(1) Describe the services to be
			 provided;
(2) identify the
			 provider of the service or services; and
(3) identify the party or parties responsible
			 for payment when services are provided by an outside resource.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-254 - Construction; general requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The assisted
			 living facility or residential health care facility shall be designed,
			 constructed, equipped and maintained to protect the health and safety of
			 residents, personnel and the public.
(b) All new construction, renovation,
			 remodeling and changes in building use in existing buildings shall comply with
			 building and fire codes, ordinances and regulations enforced by city, county,
			 and state jurisdictions, including the state fire marshal.
(c) New construction, modifications and
			 equipment shall conform to the following codes and standards:
(1) Title III of the Americans with
			 disabilities act, 42 U.S.C. 12181, effective as of January 26, 1992; and
(2) "Food Service Sanitation
			 Manual," health, education, and welfare (HEW) publication no. FDA 78-2081, as
			 in effect on July 1, 1981.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-255 - Support service areas

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The assisted
			 living or residential health care facility shall provide the following:
(1) Space with a desk and telephone which can
			 be used by direct care staff to chart and maintain resident records; and
(2) a locked medication storage
			 area with a sink and a refrigerator in the same area for medications. The
			 facility shall provide a separate locked compartment within the area for
			 controlled drugs. A drug cart with a double locking system shall be acceptable.
			 The facility shall provide storage for necessary medical supplies.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-256 - Details and finishes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Details for
			 assisted living or residential health care facilities shall include the
			 following:
(1) Rooms containing bathtubs,
			 showers or toilets available for use by residents shall be equipped with doors
			 and hardware capable of being opened from the outside and shall permit access
			 from outside the room in an emergency.
(2) Windows and outer doors which may be left
			 in an open position shall be provided with insect screens. Windows shall be
			 designed to prevent accidental falls when open or shall be equipped with
			 security screens.
(3) Doors,
			 sidelights, borrowed lights, and windows in which the glazing is within 18
			 inches or 46 centimeters of the floor shall be glazed with safety glass, wire
			 glass, or plastic glazing material that will resist breaking and will not
			 create dangerous cutting edges if broken. Similar materials shall be used in
			 wall openings of recreation rooms and exercise rooms unless required otherwise
			 for fire safety.
(4) Safety glass
			 or plastic glazing as described in paragraph (a) (3) shall be used for shower
			 doors and bath enclosures.
(5)
			 Grab bars, or sufficient blocking installed in the walls to support a grab bar,
			 shall be provided at all toilets, showers, and tubs accessible to residents.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-289 - Construction; general requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each adult day
			 care facility shall be designed, constructed, equipped, and maintained to
			 protect the health and safety of residents, personnel, and the public.
(b) All new construction,
			 renovation, and remodeling or changes in building use in existing buildings
			 shall comply with building and fire codes, ordinances, and regulations enforced
			 by city, county, and state jurisdictions, including the state fire marshal.
(c) New construction,
			 modifications, and equipment shall conform to the following codes and
			 standards:
(1) Title III of the Americans
			 with disabilities act, 42 U.S.C. 12181, as implemented by 28 C.F.R. part 36, as
			 published on July 26, 1991 and hereby adopted by reference; and
(2) "food service sanitation manual," health,
			 education, and welfare (HEW) 1976 publication no. FDA 78-2081, which is hereby
			 adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-290 - Support services areas

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each adult day
			 care facility shall provide the following:
(1) A work space with a desk and telephone
			 that can be used by staff to chart and maintain resident records; and
(2) a locked medication storage
			 area and a refrigerator for the storage of medications in the same area. If
			 controlled drugs are stored at the facility, a separate double-locked
			 compartment shall be provided. A drug cart with a double-locking system shall
			 be acceptable. Each facility shall provide storage for necessary medical
			 supplies.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-291 - Details and finishes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Details for
			 each adult day care facility shall include the following:
(1) Rooms containing bathtubs, showers, or
			 toilets available for use by residents shall be equipped with doors and
			 hardware capable of being opened from the outside and shall permit access from
			 outside the room in an emergency.
(2) Windows and outer doors, when left in an
			 open position, shall be provided with insect screens. Windows shall be designed
			 to prevent accidental falls when open or shall be equipped with security
			 screens.
(3) Grab bars shall be
			 provided at all toilets, showers, and tubs accessible to residents.