reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-14 - Failure to appear

Current through Register Vol. 43, No. 28, July 11, 2024
If any party or parties who have originated an appeal shall fail to appear personally or by attorney or representative at the time when, and place where, the hearing of such appeal has been set, the director may dismiss such appeal upon motion provided that the director shall first find that the party or parties appealing have been properly notified as to the date, time and place of such hearing.
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-15 - Petition for reopening the hearing

Current through Register Vol. 43, No. 28, July 11, 2024
Any party who fails to appear at a hearing may within twelve (12) days thereafter, petition for reopening of the hearing. Such petition shall be granted if it appears to the director that the petitioner has shown good cause for failure to attend.
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-16 - Withdrawal of appeal

Current through Register Vol. 43, No. 28, July 11, 2024
An appellant desiring to withdraw an appeal may file a written withdrawal statement prior to or during the hearing. The director may grant or deny such application and shall immediately notify the parties of such action.
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-17 - Representation during appeals

Current through Register Vol. 43, No. 28, July 11, 2024
Appellants may appear for themselves in any appeal proceedings. A partnership may be represented by any of its members or a duly authorized representative. Corporations and associations may be represented by an officer or by an attorney-at-law who has been admitted to practice in accordance with the laws of the State of Kansas. An appellant may be represented by an attorney-at-law who has been admitted to practice in accordance with the laws of the State of Kansas.
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-18 - Decision

Current through Register Vol. 43, No. 28, July 11, 2024
Upon consideration of the appeal and other relevant information received or obtained during the proceeding, the director shall, within thirty (30) days, announce findings of fact and a decision with respect to the appeal.
The decision shall be a written statement setting forth the relevant facts and reasons for the decision. The decision shall state that it is a final decision of the director. The decision shall be signed by the director.
Kansas Administrative Regulations › Agency 27 - KANSAS ENERGY OFFICE › Article 3 - PETROLEUM ALLOCATION APPEAL PROCEDURES › Section 27-3-21 - Inspection of decisions

Current through Register Vol. 43, No. 28, July 11, 2024
Copies of all decisions of the director, with such modification as is necessary to insure confidentiality, shall be kept on file and open for inspection in the Kansas energy office in Topeka, Kansas. Such decisions and determinations shall be open to public inspection during normal business hours of any working day.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in K.A.R. 28-1-1 through
				28-1-23,
				each of the following terms shall have the meaning specified in this
				regulation:
(a) "Case" means an
			 instance of a diagnosed infectious or contagious disease or condition in a
			 person or an animal.
(b) "Cluster,
			 outbreak, or epidemic" means a situation in which cases are observed in excess
			 of what is expected compared to the usual frequency of the incidence of the
			 infectious or contagious disease or condition in a defined area, among a
			 specified population, and during a specified period of time.
(c) "Condition" means any noninfectious
			 adverse health event.
(d)
			 "Correctional facility" means any city or county jail or any correctional
			 institution, as defined in K.S.A. 755202 and amendments thereto.
(e) "Corrections officer" means an employee
			 of the department of corrections, as defined in
			 K.S.A.
			 75-5202 and amendments thereto, and any
			 person employed by a city or county who is in charge of a jail or section of a
			 jail, including jail guards and those individuals who conduct searches of
			 persons taken into custody.
(f)
			 "Department" means Kansas department of health and environment.
(g) "Emergency services employee" means an
			 attendant, as specified in
			 K.S.A.
			 65-6112 and amendments thereto; a supervised
			 student, as described in
			 K.S.A.
			 65-6129a and amendments thereto; an observer
			 authorized by an employing agency or entity; or a paid or volunteer
			 firefighter.
(h) "Infectious or
			 contagious diseases" has the meaning specified for "infectious and contagious
			 diseases" in
			 K.S.A.
			 65-116a, and amendments thereto.
(i) "Local health officer" means each person
			 appointed pursuant to
			 K.S.A.
			 65-201, and amendments thereto.
(j) "Occupational exposure" has the meaning
			 specified in
			 K.S.A.
			 65-116a, and amendments thereto.
(k) "Other potentially infectious materials"
			 has the meaning specified in
			 K.S.A.
			 65-116a, and amendments thereto.
(l) "Physician" means a person licensed by
			 the state board of healing arts to practice medicine and surgery.
(m) "Secretary" means secretary of the
			 department of health and environment.
(n) "Suspected case" means an instance in
			 which signs and symptoms suggestive of an infectious or contagious disease or
			 condition are present in a person or animal before confirmation of the
			 diagnosis.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-2 - Reporting requirements for infectious or contagious diseases and conditions

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 person licensed to practice the healing arts or engaged in a postgraduate
			 training program approved by the state board of healing arts, licensed dentist,
			 licensed professional nurse, licensed practical nurse, administrator of a
			 hospital, licensed adult care home administrator, licensed physician assistant,
			 licensed social worker, and teacher or school administrator shall report each
			 suspected case of the following infectious or contagious diseases or conditions
			 to the secretary within four hours of knowledge of the suspected case:
(1) Anthrax;
(2) botulism;
(3) cholera;
(4) diphtheria;
(5) measles (rubeola);
(6) meningococcal disease;
(7) mumps;
(8) novel influenza A virus
			 infection;
(9) plague
(Yersinia pestis);
(10) poliovirus;
(11) rabies, human;
(12) rubella;
(13) severe acute respiratory
			 syndrome-associated cor-onovirus (SARS-CoV);
(14) smallpox;
(15) tetanus;
(16) tuberculosis;
(17) vaccinia, postvaccination infection or
			 secondary transmission;
(18) viral
			 hemorrhagic fevers, including Ebola virus, Marburg virus, Crimean-Congo
			 hemorrhagic fever virus, Lassa virus, Lujo virus, and any of the New World
			 arenaviruses; and
(19) any exotic
			 or newly recognized disease.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-4 - Hospital reporting requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) The administrator of each hospital
			 licensed in Kansas shall report the following information to the secretary when
			 requested by the secretary and for the duration specified by the secretary, if
			 this information is in the hospital's possession:
(1) The number of laboratory test orders for
			 specified infectious or contagious diseases or conditions and the results for
			 specified infectious or contagious diseases or conditions;
(2) the number of pharmacy prescriptions for
			 medications used to treat specified infectious or contagious diseases or
			 conditions;
(3) the number of
			 emergency room visits for symptoms related to specified infectious or
			 contagious diseases or conditions; and
(4) utilization rates of other services that
			 can provide an early warning of an infectious or contagious disease, a
			 condition, a cluster, outbreak, or epidemic, or any other public health threat
			 specified by the secretary, if that information can be provided by the hospital
			 with minimum additional burden.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-5 - General provisions for isolation or quarantine of persons afflicted with infectious or contagious disease; examination of persons; collection of specimens

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) When the
			 conditions of isolation and quarantine are not otherwise specified by
			 regulation, the isolation and quarantine of persons afflicted with or exposed
			 to infectious or contagious diseases shall be ordered and enforced by the local
			 health officer or the secretary of health and environment to preserve the
			 public health, safety, or welfare. The conditions of isolation or quarantine so
			 ordered shall be based on current medical knowledge of the infectious agent of
			 the disease for which isolation or quarantine is ordered and may include
			 consideration of the following factors:
(1)
			 The incubation period;
(2) the
			 communicable period;
(3) the mode
			 of transmission; and
(4)
			 susceptibility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-6 - Requirements for isolation and quarantine of specific infectious or contagious diseases

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) The
			 requirements for isolation and quarantine shall be those specified in the
			 department's "requirements for isolation and quarantine of infectious or
			 contagious diseases," dated March 15, 2018, which is hereby adopted by
			 reference.
(b) No isolation or
			 quarantine shall be required for the following infectious or contagious
			 diseases:
(1) Anaplasmosis;
(2) anthrax;
(3) babesiosis;
(4) botulism;
(5) brucellosis;
(6) chancroid;
(7)
Chlamydia trachomatis
infection;
(8)
			 coccidiodomycosis;
(9)
			 cyclosporiasis;
(10)
			 ehrlichiosis;
(11)
			 gonorrhea;
(12) Hansen's disease
			 (leprosy);
(13) hantavirus
			 pulmonary syndrome;
(14) hepatitis
			 B, acute, chronic, and perinatal infections;
(15) hepatitis C, acute and either past or
			 present infections;
(16) hepatitis
			 D;
(17) hepatitis E;
(18) histoplasmosis;
(19) human immunodeficiency virus;
(20) legionellosis;
(21) leptospirosis;
(22) listeriosis;
(23) Lyme disease;
(24) malaria;
(25) psittacosis;
(26) Q fever, acute and chronic;
(27) spotted fever rickettsiosis;
(28) syphilis;
(29) tetanus;
(30) transmissible spongioform encephalopathy
			 (TSE) or prion disease;
(31)
			 trichinellosis (trichinosis);
(32)
			 tularemia; and
(33) yellow
			 fever.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-12 - Release from isolation or quarantine

Current through Register Vol.
			 43, No. 28, July 11, 2024
All laboratory tests and cultures for the release of an
				individual from isolation or quarantine shall be performed by the department's
				laboratory or by a laboratory approved by the secretary for this
				purpose.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-13 - Rabies control

Current through Register Vol. 43, No. 28,
			 July 11, 2024
The requirements for the control of rabies shall be those
				specified in the department's "rabies control requirements," dated October 19,
				2017, which is hereby adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-14 - Rabies control in wildlife mammals

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The possession
			 or sale of skunks, raccoons, foxes and coyotes for keeping of these mammals as
			 pets shall be prohibited.
(b)
			 Removal of musk glands of skunks for purposes of attempted domestication shall
			 be prohibited.
(c) Except as
			 permitted by the secretary, attempts to immunize skunks, coyotes, raccoons,
			 foxes, and other wildlife mammals known to be involved in the transmission of
			 rabies shall be prohibited.
(d)
			 Subsections (a) and (b) of this regulation shall not apply to bonafide
			 zoological parks or research institutions.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-15 - Psittacosis control; records of purchase and sale

Current through Register Vol. 43, No. 28, July 11,
			 2024
Breeders, wholesalers, distributors and retailers of psittacine
				birds shall maintain a record of the date of purchase, source, and the species
				of each psittacine bird. When birds are sold, the seller shall record the name,
				address and telephone number of the customer, date of purchase, species
				purchased, and the band number, if applicable, for each psittacine bird sold.
				These records shall be kept for one year.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-18 - Reporting and submission requirements for laboratories

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each person who is in charge of a
			 laboratory as specified in
			 K.S.A.
			 65-118, and amendments thereto, shall provide
			 the reports required by
			 K.A.R.
			 28-1-2 to the department using an automated,
			 secure electronic laboratory-reporting system or other means acceptable to the
			 secretary. A person's use of electronic or automated reporting shall not exempt
			 that person from reporting a suspected case within four hours as required by
			 K.A.R.
			 28-1-2.
(b) Each person who is in charge of a
			 laboratory as specified in
			 K.S.A.
			 65-118, and amendments thereto, shall submit
			 the following to the department's office of laboratory services in the
			 following order of preference, if the test results indicate the presence of any
			 microorganism specified in subsection (c):
(1) Isolates of positive cultures;
(2) original clinical specimen from a
			 patient;
(3) nucleic acid;
			 or
(4) any other materials
			 determined by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-20 - Immunizations; schools, child care facilities, and preschool or child care programs operated by a school

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Definition. For the purposes of this regulation, "susceptible child" shall mean
			 either of the following if, for that individual, there is no history of the
			 disease that has been documented by a physician, no laboratory documentation of
			 immunity, or no documentation acceptable to the secretary that demonstrates
			 current vaccination against the disease:
(1)
			 Any individual who attends school as defined in K.S.A. 72-6261, and amendments
			 thereto; or
(2) any individual who
			 is enrolled, is placed, or resides in a child care facility as defined in
			 K.S.A.
			 65-503, and amendments thereto, or a
			 preschool or child care program operated by a school.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-23 - Management of occupational exposures

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) For the purpose of this regulation, each
			 of the following terms shall have the meaning specified in this subsection:
(1) "Occupational exposure" means any
			 occupational exposure, as defined in
			 K.S.A.
			 65-116a and amendments thereto, that occurs
			 to any of the following under the conditions specified:
(A) Any individual providing medical or
			 nursing services, clinical or forensic laboratory services, emergency medical
			 services, or firefighting, law enforcement, or correctional services, whether
			 for compensation or as a volunteer;
(B) any individual in training for
			 certification, licensure, a position, or a job providing any services listed in
			 paragraph (a)(1)(A); or
(C) any
			 individual receiving services from an individual specified in paragraph
			 (a)(1)(A) or (B).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-26 - Protection of confidentiality of information regarding individuals with HIV infection

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definitions.
			 Each of the following terms shall have the meaning specified in this
			 subsection:
(1) "AIDS" means the acquired
			 immune deficiency syndrome.
(2)
			 "Authorized personnel" means individuals who have signed a confidentiality
			 statement.
(3) "Confidentiality
			 statement" means a written statement, dated and signed by an applicable
			 individual, that certifies the individual's agreement to abide by the security
			 policy of a public health agency and this regulation.
(4) "Counseling and testing site" means a
			 site where counseling and testing for HIV infection are available.
(5) "HIV" means the human immunodeficiency
			 virus.
(6) "HIV confidential
			 information" means all combinations of individual data elements or information
			 collected for surveillance purposes pursuant to
			 K.S.A.
			 65-6002 and amendments thereto, in electronic
			 or hard copy, that could identify anyone with HIV or AIDS, including the name,
			 date of birth, address, and other identifying information.
(7) "HIV confidentiality officer" means the
			 official in a public health agency responsible for implementing and enforcing
			 all the measures to protect HIV confidential information as defined under this
			 regulation.
(8) "HIV infection"
			 means the presence of HIV in the body.
(9) "HIV prevention counseling" and "HPC"
			 mean a client-centered counseling activity designed to assist clients in
			 assessing their risks of acquiring or transmitting HIV and in negotiating a
			 realistic and incremental plan for reducing risk.
(10) "HIV report" means a report of HIV
			 infection or AIDS transmitted to a public health agency pursuant to
			 K.S.A.
			 65-6002 and amendments thereto.
(11) "Partner counseling and referral
			 services" and "PCRS" mean a prevention and control activity conducted by
			 trained individuals who contact and counsel each individual with HIV infection
			 or AIDS who is reported to the secretary utilizing HPC.
(12) "Public health agency" means any
			 organization operated by any state or local government that acquires, uses,
			 discloses, or stores HIV confidential information for public health purposes.
(13) "Secretary" means the
			 secretary of health and environment.
(14) "Secured area" means the physical
			 confinement limiting the location where HIV confidential information is
			 available.
(15) "Written security
			 policy" means written specifications of the measures adopted to protect HIV
			 confidential information and a description of how to implement these measures.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-27 - HIV screening guidelines

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Adoption by reference. The HIV screening
			 guidelines for each pregnant woman and newborn child whose HIV status is
			 unknown shall be the section titled "recommendations for pregnant women" on
			 pages 11 through 14 in the centers for disease control and prevention's
			 document titled "revised recommendations for HIV testing of adults,
			 adolescents, and pregnant women in health-care settings," dated September 22,
			 2006. This section is hereby adopted by reference, except as specified in
			 subsection (b).
(b) Deletions. In
			 the portion titled "universal opt-out screening," the following text shall be
			 deleted:
(1) The words "oral or" in the
			 following sentence: "Pregnant women should receive oral or written information
			 that includes an explanation of HIV infection, a description of interventions
			 that can reduce HIV transmission from mother to infant, and the meanings of
			 positive and negative test results and should be offered an opportunity to ask
			 questions and to decline testing"; and
(2) the following sentence: "No additional
			 process or written documentation of informed consent beyond what is required
			 for other routine prenatal tests should be required for HIV testing."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-30 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of this article, the following definitions
				shall apply:
(a) "College designee"
			 and "university designee" mean a person determined by the administration at a
			 postsecondary educational institution to be responsible for the oversight and
			 implementation of that institution's TB prevention and control plan.
(b) "Department" means Kansas department of
			 health and environment.
(c) "Health
			 care provider" means any of the following licensed persons: medical doctor,
			 doctor of osteopathy, doctor of podiatric medicine, advanced registered nurse
			 practitioner as defined in
			 K.S.A.
			 65-1113 and amendments thereto, and physician
			 assistant.
(d) "High-risk student"
			 means a student who meets any of the following conditions:
(1) Has signs and symptoms of active
			 TB;
(2) has been in contact with a
			 person who has been diagnosed with active TB; or
(3) has traveled, resided in for more than
			 three months, or was born in any country where TB is endemic as determined by
			 the secretary and consistent with guidance provided by the centers for disease
			 control and prevention.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-31 - TB prevention and control plan

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each college designee and university
			 designee shall implement a TB prevention and control plan.
(1) The TB prevention and control plan shall
			 include a TB evaluation component for each student determined to be a high-risk
			 student, which shall include the following as necessary:
(A) Tuberculin skin testing;
(B) interferon gamma release assay;
(C) chest radiograph;
(D) sputum evaluation;
(E) physical exam; and
(F) review of signs of symptoms.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-32 - Health services at colleges and universities; submission of a TB prevention and control plan; monitoring of compliance

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each college designee and university
			 designee shall submit to the department a TB prevention and control plan and
			 any revisions that have been developed in consultation with the department, to
			 ensure that the TB prevention and control plan includes evaluation criteria
			 that are in compliance with the best practice standards as recommended by the
			 division of tuberculosis elimination of the centers for disease control and
			 prevention.
(b) Each postsecondary
			 educational institution that provides health services and that performs
			 infection or disease evaluations, or both, shall keep internal TB evaluation
			 records for each high-risk student.
(c) Each postsecondary educational
			 institution that does not have health services to perform infection or disease
			 evaluations, or both, shall maintain the data on the form provided by the
			 department for each individual considered to be a high-risk student.
(d) Each postsecondary educational
			 institution shall be in compliance with this regulation within 12 months after
			 the beginning of the academic year following the effective date of this
			 regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-40 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) In addition to
			 the terms defined in L. 2021, ch. 116, sec. 38 and amendments thereto, each of
			 the following terms, as used in K.A.R. 28-1-40 through 28-1-43, shall have the
			 meaning specified in this subsection:
(1)
			 "Department" means Kansas department of health and environment.
(2) "Personal information" means contact data
			 collected as specified in K.A.R. 28-1-42 and "personal information" collected
			 pursuant to
			 K.S.A.
			 50-7a01, and amendments thereto.
(3) "Protected health information" has the
			 meaning specified in
			 K.S.A.
			 65-6822, and amendments
			 thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-41 - Contact tracers

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each
			 individual acting as a contact tracer under the authority of the secretary or a
			 local health officer shall meet the following qualifications and training
			 requirements:
(1) Be at least 18 years of
			 age;
(2) possess a high school
			 diploma or GED certificate; and
(3)
			 complete a contact tracing training program approved by the
			 secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-42 - Contact data; communication with contacts

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each individual acting as a contact
			 tracer under the authority of the secretary or a local health officer shall be
			 limited to collecting the following personal information for any contact:
(1) Data that identifies the contact,
			 including name, date of birth, and sex;
(2) address;
(3) telephone number;
(4) electronic-mail address;
(5) geographical or similar location
			 information at certain points in time; and
(6) the name of each individual who could be
			 an additional contact.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-43 - Surrender or destruction of contact data

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each individual acting as a contact
			 tracer for the secretary or a local health officer who possesses contact data
			 pursuant to L. 2021, ch. 116, sec. 38, and amendments thereto, shall surrender
			 all contact data to the secretary or the local health officer when the contact
			 has been released from quarantine.
(b) Each individual who possesses contact
			 data permitted to be collected as specified in K.A.R. 28-1-42 shall safely and
			 securely destroy, in a manner approved by (continued) the secretary, any
			 contact data that contains protected health information, individual movement or
			 mobility data, or personal information whenever the secretary determines that
			 the contact data that contains protected health information, individual
			 movement or mobility data, or personal information is no longer necessary for
			 the purpose of contact tracing, as defined in L. 2021, ch. 116, sec. 38 and
			 amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 1 - DISEASES › Section 28-1-44 - Sunset provision

Current through Register Vol. 43, No. 28,
			 July 11, 2024
K.A.R. 28-1-40 through 28-1-43 shall have no force and effect
				after June 30, 2022.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 3 - HEARINGS › Section 28-3-7 - Conduct of hearings not under Kansas administrative procedure act

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) In all hearings
			 not conducted under the provisions of the Kansas administrative procedure act,
			 the hearing officer shall be guided by rules of evidence as employed by the
			 courts of the state of Kansas, but may relax the rules to the extent the
			 hearing officer deems appropriate, keeping always in mind that the judicially
			 developed rules of evidence have been developed as procedures most likely to
			 obtain the truth.
(b) In hearings
			 appealing an order or action by the secretary or the secretary's designee, the
			 requesting party shall open and close. In all other hearings, there shall be no
			 requirements as to order of procedure. The hearing officer shall consider
			 evidence in the order which appears most likely to reveal the facts.
(c) A record of proceedings may be kept by
			 the hearing officer by electronic recording, notes made by the hearing officer
			 or both. A transcript of the record need not be made unless specifically
			 ordered by the hearing officer or in cases in which the party requesting a
			 transcription pays its cost. Each party to a hearing may cause the proceedings
			 to be recorded by a certified court reporter, providing the requesting party
			 bears the expense of same.
(d) The
			 provisions of this regulation shall apply to all hearings conducted under
			 authority of statutes other than the Kansas administrative procedure act and
			 shall be supplemental to any statutory requirements. At the conclusion of each
			 hearing, the presiding or hearing officer shall prepare a written report
			 stating findings of fact, any appropriate conclusions of law, and any further
			 comments which the presiding or hearing officer deems appropriate. A copy of
			 the report shall be mailed to the parties and filed with the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-50 - Acceptable types of water supplies for licensed child care homes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Public water
			 supply systems approved by the state department of health shall be used
			 wherever such supplies are available or can be made available at reasonable
			 cost.
(b) Properly located,
			 constructed and equipped private ground water supplies approved by the
			 department may be used if a public supply is not available. Environmental
			 health services bulletin 4-1, a manual of recommended standards for locating,
			 constructing, and equipping water wells for rural homes, shall be used as a
			 guide for approving private ground water supplies.
(c) Stored water obtained from a supply
			 approved by the department, and transported, and stored in facilities approved
			 by the department may be used at homes where a public water supply or a
			 satisfactory ground water supply is not available.
(d) Other methods of providing water for a
			 home will be considered on an individual basis. All approval for such use shall
			 be obtained from the chief engineer, state department of health.
(e) No water supply containing more than 45
			 mg/1 of nitrates expressed as NO3 shall be used at a home providing care for
			 children under one year of age.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-55 - Acceptable sewage disposal systems for child care homes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) The home shall
			 be connected to a public sewer system whenever such a system abuts the property
			 or can be made to abut the property at a reasonable cost.
(B) Properly located, constructed and
			 operated septic tank-soil absorption systems, approved by the department, may
			 be used for homes located in areas where a public sewer system is not
			 available. Environmental health services bulletin 4-2, a manual of recommended
			 standards for locating, constructing and operating septic tank systems for
			 rural homes, shall be used as a guide in approving these systems.
(C) The home may be connected to any properly
			 located, constructed and maintained waste stabilization ponds approved by the
			 department where a public sewer system is not available and where soil is not
			 suitable for use of a septic tank-soil absorption system. Environmental health
			 services bulletin 4-2, a manual of recommended standards for locating,
			 constructing and operating septic tank systems for rural homes, shall be used
			 as a guide in approving these systems.
(D) The home may use any existing system that
			 is functioning properly and is not discharging onto the surface of the ground,
			 into a ditch or watercourse or into an underground fresh water aquifer and is
			 not in violation of any public health or water pollution regulation adopted by
			 the state board of health.
(E) The
			 home may be permitted to use other types of sewage disposal systems provided
			 prior approval for use of such a system is obtained from the chief engineer of
			 the state department of health.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-73 - Treatment of eyes of newborn

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The
			 prophylactic approved for instillation into the eyes of newly born infants
			 shall be one of the following:
(1) One
			 percent (1%) aqueous solution of silver nitrate,
(2) An ophthalmic ointment containing one
			 percent (1%) tetracycline, or
(3)
			 An ophthalmic ointment containing five-tenths percent (.5%) erythromycin.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-91 - Revocation of present regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following present regulations as published in the Kansas
				administrative regulations are being replaced, so are hereby revoked:
General regulations 28-4-1 through 28-4-7.
Health standards for children's institutions 28-4-20 through
				28-4-25.
Regulations for maternity homes and clinics 28-4-56 through
				28-4-71.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-92 - License fees

Current through Register Vol. 43, No. 28, July
			 11, 2024
When an applicant or licensee submits an application for a
				license or for the renewal of a license, the applicant or licensee shall submit
				to the secretary the appropriate nonrefundable license fee specified in this
				regulation:
(a) For each maternity
			 center as defined in
			 K.S.A.
			 65-502 and amendments thereto, $75;
(b) for each child placement agency as
			 definedinK.S.A. 65-503 and amendments
			 thereto, $75;
(c) for each child
			 care resource and referral agency as defined in
			 K.S.A.
			 65-503 and amendments thereto, $75;
(d) for each of the following child care
			 facilities, $75 plus $1 times the maximum number of children to be authorized
			 under the license:
(1) Day care home or group
			 day care home, as defined in K.A.R. 28-4-113 ; and
(2) child care center, as defined in K.A.R.
			 28-4-420 ; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-93 - Online information dissemination system

Current through
			 Register Vol. 43, No. 28, July 11, 2024
This regulation shall apply to the department's online
				information dissemination system for child care facilities, as defined in
				K.S.A.
				65-503 and amendments thereto.
(a) Definitions. The following terms shall
			 have the meanings specified in this regulation:
(1) "Applicant" means a person who has
			 applied for a license to operate a child care facility but who has not yet been
			 granted the license.
(2) "Applicant
			 with a temporary permit" means a person who has been granted a temporary permit
			 to operate a child care facility.
(3) "Department" means Kansas department of
			 health and environment.
(4)
			 "Licensee" means a person who has been granted a license to operate a child
			 care facility.
(5) "Online
			 information dissemination system" means the electronic database of the
			 department that is accessible to the public.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-94 - Background check requests for residential centers, group boarding homes, and child placement agencies

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Initial and renewal background check requests. Each applicant submitting an
			 initial application and each licensee submitting a renewal application shall
			 submit a background check request on a form provided by the department. The
			 request form shall be submitted with the application and shall include the name
			 and all other required information for each individual who is at least 10 years
			 old and is residing, working, or regularly volunteering in the residential
			 center, group boarding home, or child placement agency.
(b) Additional background check requests.
			 Each applicant with a temporary permit and each licensee shall submit a
			 background check request on a form provided by the department before any
			 individual who is at least 10 years old begins residing, working, or regularly
			 volunteering in the residential center, group boarding home, or child placement
			 agency.
(c) Background check not
			 required. No background check request form shall be submitted for any
			 individual admitted for care.
(d)
			 Documentation. A copy of each background check request form shall be kept on
			 file at the residential center, group boarding home, or child placement
			 agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-95 - Fee for fingerprint-based background checks

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each applicant, applicant with a temporary permit, and licensee
				shall submit a nonrefundable fee of $48 to the department for the cost of each
				required fingerprint-based background check, as follows:
(a) For each day care home, group day care
			 home, child care center, and preschool, each individual specified in
			 K.A.R.
			 28-4-125;
(b) for each school-age program, each
			 individual specified in
			 K.A.R.
			 28-4-584; and
(c) for each drop-in program, each individual
			 specified in
			 K.A.R.
			 28-4-705.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-113 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Applicant"
			 means a person who has applied for a license but who has not yet been granted a
			 license to operate a facility.
(b)
			 "Applicant with a temporary permit" means a person who has been granted a
			 temporary permit to operate a facility.
(c) "Care provider" and "provider" mean an
			 individual who cares for and supervises children in a facility and has
			 responsibility for the health, safety, and well-being of children, including
			 the following:
(1) A primary care
			 provider;
(2) an individual who is
			 at least 16 years of age and who is working in the facility; and
(3) a substitute.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-114 - Applicant; licensee

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Application process.
(1) Any person desiring
			 to operate a facility shall apply for a license on forms provided by the
			 department.
(2) Each applicant and
			 each licensee shall submit the fee specified in K.A.R. 28-4-92 for a license or
			 for the renewal of a license. The applicable fee shall be submitted at the time
			 of license application or renewal and shall not be refundable.
(3) The granting of a license to any
			 applicant or applicant with a temporary permit may be refused by the secretary
			 if the applicant or applicant with a temporary permit is not in compliance with
			 the applicable requirements of the following:
(A)K.S.A.
			 65-504 through
			 65-506, and amendments
			 thereto;
(B)K.S.A.
			 65-508, and amendments thereto;
(C)K.S.A.
			 65-512, and amendments thereto;
(D)K.S.A.
			 65-530 and
			 65-531, and amendments thereto;
			 and
(E) all regulations governing
			 facilities.
(4) Failure
			 to submit the application forms and fee for renewal of a license shall result
			 in an assessment of a late fee pursuant to
			 K.S.A.
			 65-505, and amendments thereto, and may
			 result in closure of the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-114a - Initial and ongoing professional development training

Current
			 through Register Vol. 43, No. 28, July 11, 2024
If an applicant, an applicant with a temporary permit, or a
				licensee is not an individual, the applicant, applicant with a temporary
				permit, or licensee shall designate an individual to meet the requirements of
				this regulation.
(a) Orientation.
(1) Each person shall, before applying for a
			 license, complete an orientation program on the requirements for operating a
			 facility, provided by the health department or the secretary's designee that
			 serves the county in which the facility will be located.
(2) Each applicant, each applicant with a
			 temporary permit, and each licensee shall provide orientation to each
			 individual who will be caring for children about the policies and practices of
			 the facility, including duties and responsibilities for the care and
			 supervision of children. Each provider shall complete the orientation before
			 the provider is given sole responsibility for the care and supervision of
			 children. The orientation shall include the following:
(A) Licensing regulations;
(B) the policies and practices of the
			 facility, including emergency procedures, behavior management, and
			 discipline;
(C) the schedule of
			 daily activities;
(D) care and
			 supervision of children in care, including any special needs and known
			 allergies;
(E) health and safety
			 practices; and
(F)
			 confidentiality.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-115a - Supervision

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Supervision
			 plan.
(1) Each applicant, each applicant with
			 a temporary permit, and each licensee shall develop a supervision plan for
			 children in care that includes all age ranges of children for whom care will be
			 provided. A copy of the plan shall be available for review by the parents or
			 legal guardians of children in care and by the department. The plan shall
			 include the following:
(A) A description of
			 the rooms, levels, or areas of the facility including indoor and outdoor areas
			 in which the child will participate in activities, have snacks or meals, nap,
			 or sleep;
(B) the manner in which
			 supervision will be provided; and
(C) any arrangements for the provision of
			 evening or overnight care.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-116 - Daily care of children

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Daily
			 activities.
(1) Each applicant with a
			 temporary permit and each licensee shall provide daily activities that promote
			 healthy growth and development, take into consideration the cultural background
			 and traditions that are familiar to the children, and incorporate both indoor
			 and outdoor activities that are appropriate for the ages and developmental
			 levels of the children in care.
(2)
			 Each child shall be offered a choice of activities and the opportunity to
			 participate. Age-appropriate toys, play equipment, books, and other learning
			 materials shall be available in sufficient quantities to allow each child a
			 choice of activities.
(3) The
			 activities, supplies, and equipment shall be designed to promote the following:
(A) Large motor and small motor development,
			 which may include running, climbing, jumping, grasping objects, drawing,
			 buttoning, and tying;
(B) creative
			 expression, which may include dramatic play, music, and art;
(C) math and science skills, which may
			 include sorting, matching, counting, and measuring; and
(D) language development and literacy, which
			 may include reading, singing, finger plays, writing, and stories.
(4) Each child shall be given the
			 opportunity for at least one hour of physical activity daily, either outdoors
			 as described in paragraph (a)(7) or indoors.
(5) Each applicant with a temporary permit
			 and each licensee shall ensure that the following requirements are met if the
			 daily activities include any media viewing:
(A) Each program shall be age-appropriate
			 and, if rated, shall have a rating appropriate for the ages and developmental
			 levels of the children who view the program.
(B) No child shall be required to participate
			 in media viewing. Each child not engaged in media viewing shall be offered a
			 choice of at least one other activity for that time period.
(6) Toys and other items used by
			 children shall meet the following requirements:
(A) Be clean, of safe construction, and in
			 good repair;
(B) be washed and
			 sanitized daily when used by children under 18 months of age; and
(C) be washed and sanitized before being used
			 by another child, if contaminated by saliva or other bodily fluids.
(7) Unless prohibited by the
			 child's medical condition or extreme weather conditions, each child in care
			 shall be taken outdoors daily. Each child 12 months of age or older shall have
			 the opportunity for at least one hour of outdoor play daily.