reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-4 - Plan for use of salt water

Current through Register Vol. 43, No. 28, July 11,
			 2024
A plan shall be submitted to the department prior to using salt
				water for road maintenance or road construction. The department shall, in
				writing, approve, deny or require any modification the department deems
				necessary in order to assure that the maintenance or construction operation
				will not cause surface or subsurface water pollution or soil pollution. A plan
				shall not be required for individual lease road maintenance projects which are
				limited to stabilizing lease roads. Each plan shall include at least the
				following:
(a) A map outlining the
			 roads included in the maintenance or construction project;
(b) a description of the method to be used in
			 salt water spreading or incorporation;
(c) the amount of salt water estimated to be
			 used per mile or fraction of a mile;
(d) the frequency of salt water use for each
			 route described in (a);
(e)
			 security methods to be used by the applicant to prevent unauthorized spraying,
			 dumping, or discharge of salt water;
(f) a copy of any local or county regulation
			 which also affects the applicant's activities; and
(g) the name of each authorized salt water
			 hauler.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-5 - Notification to department

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any authorized person spreading salt water in connection with
				road construction or maintenance shall notify the department, in writing, when
				any of the following situations arise:
(a) The person ceases to use salt water in
			 maintaining any or all of the roads designated on the plan submitted in
			 fulfilling requirements set forth in K.A.R. 28-47-4(a);
(b) the person desires to amend the plan
			 submitted under K.A.R. 28-47-4(a) to include additional roads not covered in
			 the original plan;
(c) the person
			 desires to use a salt water hauler other than the one designated in the
			 original plan;
(d) upon completion
			 of any designated phase of road construction during which the use of salt water
			 was approved;
(e) upon discovery
			 that an illegal act of salt water dumping, spraying, or discharge has occurred
			 on or adjacent to the road or road right-of-way covered under the plan; or
(f) when an accidental discharge
			 of salt water occurs during road construction or road maintenance operations.
			 In such a case, the applicant or contractor shall provide the appropriate
			 district office of the department of health and environment with a written
			 report of the incident.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-6 - Discontinuance of salt water spreading

Current through Register Vol. 43, No. 28, July 11,
			 2024
The secretary may order the discontinuance of salt water
				spreading if:
(a) A violation of the
			 provisions of K.A.R. 28-47-5 occurs; or
(b) the potential exists for water pollution,
			 due to conditions which were not apparent at the time the request to spread
			 salt water was made.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-7 - Waiver of specific requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
The secretary may grant an exception to a requirement provided
				in these regulations if a person desiring a waiver can show good cause for the
				granting of such an exception, and the person presents an alternative to the
				requirements which will insure that the objectives of these regulations will be
				achieved. Requests for an exception shall be made, in writing, to the
				secretary. The secretary shall grant or deny the request within 15 days from
				the receipt of the request and shall notify the person requesting the
				exception, in writing, of the decision. If the request is denied, the secretary
				shall specify in the notice the reasons for the denial of the request.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 48 - SPILL REPORTING › Section 28-48-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the terms defined in
				K.S.A.
				65-171v and amendments thereto, each of the
				following terms, as used in this article of the department's regulations, shall
				have the meaning specified in this regulation:
(a) "Department" means Kansas department of
			 health and environment.
(b)
			 "Discovery" means the act of finding a release or acquiring knowledge that a
			 release has occurred.
(c) "Person
			 responsible for the release" means either or both of the following:
(1) The person producing, handling, storing,
			 transporting, refining, disposing of, or otherwise in control of a pollutant
			 when the release of that pollutant occurred; or
(2) the person who owns or owned the property
			 upon which the release occurred at the time the release occurred, if that
			 person leased the property to the person meeting the criteria of paragraph
			 (c)(1) at the time of the release.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 48 - SPILL REPORTING › Section 28-48-2 - Action required

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) For
			 each release that is required to be reported as specified in
			 K.A.R.
			 28-48-3, unless the discovery occurs as the
			 result of an environmental investigation, the person responsible for the
			 release shall conduct the following:
(1)
			 Immediate action. As soon as the discovery occurs, the person responsible for
			 the release shall:
(A) Take immediate action
			 to accomplish the following:
(i) Protect
			 human life and public safety;
(ii)
			 notify local emergency responders;
(iii) stop and contain the release;
			 and
(iv) prevent any additional
			 release; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 48 - SPILL REPORTING › Section 28-48-3 - Reportable quantities

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each release shall be reported to the department, as specified
				in K.A.R.
				28-48-2 in accordance with the following
				criteria:
(a) The person responsible
			 for the release shall report the release to the department if any of the
			 following conditions are met:
(1) The
			 release, regardless of quantity, occurred in any waters of the state;
(2) the release occurred on soil and the
			 quantity of released pollutant meets or exceeds any of the following reportable
			 quantities:
(A) Any quantity identified in
			 either table 302.4 or appendix B of
			 40 C.F.R.
			 302.4, as adopted by reference in
			 K.A.R.
			 28-48-4. The reporting requirement shall be
			 determined in accordance with the criteria specified in
			 40 C.F.R.
			 302.6(b) through (d), as
			 adopted by reference in
			 K.A.R.
			 28-48-4;
(B) 100 pounds of a pollutant that meets all
			 of the following criteria:
(i) The pollutant
			 is not identified in table 302.4 or appendix B of
			 40 C.F.R.
			 302.4;
(ii) the pollutant is a hazardous waste as
			 specified in 40 C.F.R.
			 261, as adopted by reference in
			 K.A.R.
			 28-31-261. For the purposes of this
			 regulation, a released pollutant is considered a waste, regardless of any
			 potential for beneficial use; and
(iii) the pollutant exhibits the
			 characteristic of ignitability, corrosivity, reactivity, or toxicity, or any
			 combination of these characteristics, according to the criteria specified in
			 40 C.F.R.
			 261.21 through
			 261.24;
(C) 25 gallons of oil, unless the oil was
			 released during the exploration and production of petroleum and is required to
			 be reported to the Kansas corporation commission, as specified in
			 K.A.R.
			 82-3-603 through
			 K.A.R.
			 82-3-608. For the purposes of this
			 regulation, "oil" shall mean a nonpolar chemical substance that is hydrophobic
			 and lipophilic, including the following:
(i)
			 Naturally formed petroleum hydrocarbons, regardless of specific
			 gravity;
(ii) refined petroleum
			 products, including fuel;
(iii)
			 mineral oil;
(iv) electrical
			 insulating oil;
(v) animal fat;
			 and
(vi) vegetable oil, including
			 oil derived from plant seeds, nuts, kernels or fruits.
(D) 420 gallons of brine. For the purposes of
			 this regulation, "brine" shall mean a solution of water and dissolved solids
			 with a concentration of chlorides or sulfates of 3,000 parts per million or
			 more;
(E) 1,000 pounds of dry
			 fertilizer, as defined in
			 K.A.R.
			 4-4-900; or
(F) 100 gallons of liquid fertilizer, as
			 defined in K.A.R. 4-4-900;
			 or
(3) two or more
			 releases that occur on the same property within 90 calendar days and the
			 cumulative amount of the pollutant released meets or exceeds any of the
			 report-able quantities specified in paragraph (a)(2).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 48 - SPILL REPORTING › Section 28-48-4 - Adoption of certain reportable quantities

Current through Register
			 Vol. 43, No. 28, July 11, 2024
For the purposes of
				K.A.R.
				28-48-3, the following are hereby adopted by
				reference:
(a) The following portions
			 of 40 C.F.R.
			 302.4, as in effect on July 1, 2021, and as
			 amended by 87 fed. reg. 20725-20761 (2022):
(1) Table 302.4; and
(2) appendix B.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in this article, the following terms have these
				definitions:
(a) "Accredited asbestos
			 worker" means a person who has fulfilled the training requirements and
			 successfully completed the written examination requirements prescribed under
			 federal law for persons who conduct response actions with respect to friable
			 asbestos-containing material in either elementary and secondary schools or
			 public and commercial buildings.
(b) "Agent" means any person who is not an
			 employee of a business or public entity that has been specifically authorized
			 by the entity to act in its behalf in regard to carrying out any activity that
			 requires the person to be present in the work area while an asbestos-removal
			 project, an asbestos-encapsulation project, or an asbestos-related dismantling
			 project is in progress.
(c)
			 "Appropriate protective clothing" means outer clothing intended to be worn by a
			 person who is engaged in asbestos-removal or asbestos-encapsulation activities.
			 This clothing shall facilitate the removal of asbestos fibers from the person
			 before that person moves from an area that contains asbestos fibers into an
			 area that is intended to remain free of these fibers. Protective clothing shall
			 consist of coveralls or a similar whole-body covering, head covers, gloves, and
			 foot covers. Protective clothing shall be worn at all times that friable
			 asbestos-containing materials are being handled directly and when otherwise
			 required by OSHA or EPA regulations, work specifications governing the
			 activities, or work plans submitted to the department in compliance with the
			 requirements of K.A.R. 28-50-8.
(d) "Appropriate respirator" means an
			 air-purifying or air-supplied respirator meeting either of the following
			 criteria:
(1) A respirator approved by NIOSH
			 for respiratory protection, under 42 C.F.R. Part 84, as in effect on October 1,
			 1998, for particulates and hazardous chemicals contained in encapsulants; or
(2) a respirator providing a
			 higher protection factor if its use is specified by any of the following
			 requirements applying to asbestos-removal or asbestos-encapsulation activities:
(A) OSHA and EPA regulations;
(B) work specifications governing the
			 activities; or
(C) a work plan
			 submitted to the department in accordance with the requirements of K.A.R.
			 28-50-8.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-3 - Public agency engaging in asbestos projects

Current through Register Vol. 43, No. 28, July 11,
			 2024
A state agency or political or taxing subdivision of the state
				that engages in an asbestos removal, an asbestos encapsulation project, or an
				asbestos related dismantling project using its own employees shall comply with
				all requirements of
				K.A.R.
				28-50-2 that are applicable to business
				entities, except that:
(a) A letter
			 of approval issued by the department shall replace the license required by
			 K.A.R. 28-50-2(a); and
(b) the fee
			 payment requirements of K.A.R. 28-50-2(d) and 28-50-2(e) shall not be
			 applicable.
The letter of approval shall remain in effect unless the public
				agency is notified, in writing, that the approval is being withdrawn because of
				the agency's failure to continue to comply with applicable requirements of
				K.A.R. 28-50-2. The approval shall not be withdrawn until the department has
				conducted adjudicative proceedings that comply with the requirements of the
				Kansas administrative procedure act.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-5 - Asbestos worker certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not supervise or engage in an asbestos-removal project, an
			 asbestos-encapsulation project, or an asbestos-related dismantling project
			 unless that person has a valid class I or class II asbestos worker certificate
			 that has been issued in accordance with this regulation. Original certificates
			 for each person who is engaged in a project that requires certification shall
			 be available for inspection by the department at the project site.
(b) A class I or class II asbestos worker
			 certificate shall not be issued to any person, or renewed for that person,
			 unless the following requirements are met:
(1) The person has successfully completed a
			 basic training or annual review course within the preceding year that has been
			 approved in accordance with the requirements of K.A.R. 28-50-6 or otherwise
			 approved by the department.
(2)
			 The person applies for a certificate or renewal of a certificate on a form
			 provided by the department and submits, along with this application, a check or
			 money order for the fee prescribed in subsection (c) of this regulation.
			 Failure to comply with all requirements of this subsection within 60 days of
			 initial submittal of the application form shall void the application. Fees
			 accompanying voided applications shall not be returned.
(3) The person has complied with requirements
			 of paragraphs (1) and (2) of this subsection and has submitted an application
			 for renewal of a certificate not later than six months after the certificate
			 has expired. Failure to renew a certificate within this time period shall
			 require compliance with all requirements applicable to initial application for
			 a certificate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-6 - Asbestos worker training course approval

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person,
			 business entity, state agency, political or taxing subdivision of the state, or
			 other entity may develop and present a class I or class II asbestos worker
			 certification training course that is intended to comply with the requirements
			 of K.A.R. 28-50-5(b)(1). The training course shall be approved by the
			 department before its official presentation for the purpose of complying with
			 the regulatory requirements. Training courses shall be approved in writing, and
			 the approval shall remain in effect until withdrawn in accordance with the
			 provisions of subsection (f) of this regulation.
(b) Application for approval of a training
			 course, as provided for in subsection (a) of this regulation, shall be made on
			 forms provided by the department. The application shall include the following
			 information:
(1) A listing of the persons who
			 will present the training course, and their experience, education, and other
			 qualifications;
(2) a description
			 of the course, including the title and length of each lecture to be presented,
			 the general nature of the information to be included in the lecture, the
			 training aids and handouts intended to be used in its presentation, and the
			 written examination to be given;
(3) the maximum number of students to be
			 enrolled in each course presentation;
(4) the dates or time period over which
			 individual courses are intended to be presented;
(5) the proposed charge for each course; and
(6) other information that the
			 department considers necessary to evaluate the probable effectiveness and
			 acceptability of the training course, including copies of the course manual and
			 other handouts that are to be provided to the students and a copy of the
			 written examination that is intended to be given.
Approval of a course may be denied by the department if the
				applicant fails to provide information required by this subsection within 60
				days of receipt of written notice that an application is deficient.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-8 - Asbestos project notification requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each licensee, state agency, or political
			 or taxing subdivision of the state that proposes to use its own employees to
			 engage in an asbestos-removal project, an asbestos-encapsulation project, an
			 asbestos-related dismantling project, or an asbestos-related demolition project
			 shall notify the department of this intent by submitting a properly completed
			 written notification in a manner that will reasonably assure its receipt at the
			 department's offices not later than 10 working days before the project is
			 intended to be started. This requirement shall apply to projects conducted in
			 occupied spaces as defined in K.A.R. 28-50-1(bb). Improperly completed
			 notifications may be returned for correction and required to be resubmitted in
			 accordance with the requirements of this subsection. For the purpose of this
			 regulation, "working days" means days other than Saturdays, Sundays, or legal
			 holidays.
(2) The 10-day
			 notification requirement may be waived by the department in emergency or other
			 situations if the written notification required by subsection (b) is received a
			 sufficient amount of time before initiation of the project to allow the
			 department to complete any proposal reviews or inspections that it considers to
			 be necessary. An emergency notification may be made verbally but shall be
			 verified in writing within one working day afterwards.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-10 - Work practices for asbestos-encapsulation projects

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Use of
			 encapsulation as a method of controlling asbestos fiber release from friable
			 asbestos-containing materials on structural items or equipment shall be subject
			 to the following requirements:
(1)
			 Encapsulating materials shall not be applied to fibrous, sprayed-on,
			 asbestos-containing materials or to cementitious asbestos-containing materials
			 that show signs of poor adhesion.
(2) Encapsulating material shall not be
			 applied to friable asbestos-containing materials that are installed on surfaces
			 in locations that are subject to frequent abrasive or other physical damage.
(3) Penetrating encapsulating
			 agents shall be tested for, and shall demonstrate, acceptable adhesive and
			 penetrating characteristics. Testing shall consist of applying the encapsulant
			 to the surface of the material in the prescribed manner and then removing a
			 core sample of this material for physical and visual inspection. Representative
			 testing shall be conducted at one or more randomly selected locations within
			 the structure before initiation of the project. Test core holes shall be
			 repaired immediately after the visual inspection is completed.
(4) Encapsulant materials shall have
			 acceptable flame retardant characteristics and shall not be noxious or toxic to
			 applicators or to persons that occupy the structure after the project is
			 completed.
(5) Each damaged
			 portion of a surface to which the encapsulant material is to be applied shall
			 be repaired with asbestos-free patching materials before it is applied.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-12 - Work practices for asbestos related dismantling projects

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Structural or
			 equipment items that are covered with friable asbestos containing materials and
			 are intended to be moved without first removing the asbestos containing
			 materials from the surfaces of them shall be handled in the following manner:
(1) The removal of friable asbestos
			 containing materials from any portion of the surface of a structural or
			 equipment item for the purpose of mechanically disassembling or cutting the
			 item into smaller components shall be conducted in accordance with the
			 requirements of K.A.R. 28-50-9.
(2) Structural or equipment items, or
			 component parts of them, that are covered with friable asbestos containing
			 material shall either be securely wrapped in not less than a double layer of
			 six mil thick plastic sheeting or shall be placed in a disposable fiber or
			 metal container that is equipped with a plastic bag liner and a tight fitting
			 and firmly attached lid before being removed from the work area. All exposed
			 surfaces of the friable asbestos containing material covering the item or
			 component shall be wetted with a water solution containing a wetting agent
			 before the item or component is wrapped or placed in a container. The exterior
			 surface of the container or wrapping shall be cleaned free of all visible
			 residues by wet cleaning methods before the item or component is moved and the
			 item or component shall be handled in a manner that will prevent damage to the
			 container or wrapping. If damage to a wrapping or container occurs, a new
			 wrapping or container shall be immediately provided and all friable asbestos
			 containing debris released from the damaged wrapping container shall be
			 immediately cleaned up using wet cleaning procedures or a HEPA filter equipped
			 vacuum cleaner.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-13 - Work practices for asbestos-related demolition projects

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 requirements shall be met before a structure that contains structural items
			 that are covered with friable asbestos-containing material is demolished:
(1) The structural items shall be removed
			 from the structure in accordance with the requirements of K.A.R. 28-50-12; or
(2) all friable
			 asbestos-containing materials covering the structural materials shall be
			 removed from the materials while they remain in place in accordance with the
			 requirements of K.A.R. 28-50-9.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-100 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the terms defined in
				K.S.A.
				65-5101 and amendments thereto, each of the
				following terms, as used in this article of the department's regulations, shall
				have the meaning specified in this regulation:
(a) "Administrator" means an individual who
			 is appointed by the governing body and is directly responsible for the
			 management and day-to-day operations of a home health agency.
(b)
(1)
			 "Admission note" means a dated document after the initial assessment of a
			 client or patient that is used to develop the plan of care for the client or
			 patient and that specifies the following:
(A)
			 The relevant diagnoses;
(B) the
			 client's or patient's health history;
(C) environmental, safety, and social factors
			 of the client's or patient's home;
(D) the client's or patient's nutritional
			 requirements, medications, and treatments;
(E) the client's or patient's functional
			 status and abilities; and
(F) the
			 client's or patient's physical and mental levels of functioning.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-101 - Licensing procedure

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Initial license application and fees.
(1) Each
			 person applying for an initial home health agency license shall submit the
			 following to the department:
(A) A completed
			 application on forms provided by the department;
(B) one of following nonrefundable fees based
			 on the total unique patient and client count:
(i) $500.00 for each person that indicates on
			 the application that the person intends to provide home health services or HCBS
			 with a total unique patient and client count of less than 100;
(ii) $750.00 for each person that indicates
			 on the application that the person intends to provide home health services or
			 HCBS with a total unique patient and client count of 100 or more;
(iii) $250.00 for each person that indicates
			 on the application that the person intends to provide only supportive care
			 services with a total unique patient and client count of less than 100;
			 or
(iv) $500.00 for each person
			 that indicates on the application that the person intends to provide only
			 supportive care services with a total unique patient and client count of 100 or
			 more; and
(C) a copy of
			 the policies and procedures applicable to the home health agency as required by
			 K.A.R. 28-51-103, 28-51-104, 28-51-117, and 28-51-118.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-103 - Organization and administration

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Governing body. Each home health agency
			 shall have a governing body having legal authority to operate the home health
			 agency. The governing body shall meet the following requirements:
(1) Have bylaws or an operating agreement,
			 which shall be renewed annually;
(2) employ a qualified administrator and
			 alternate administrator;
(3) adopt,
			 revise, and approve policies and procedures for the operation and
			 administration of the home health agency as needed;
(4) provide the name and address of each
			 officer, director, and owner of the home health agency to the
			 department;
(5) disclose each
			 corporate ownership interest of five percent or more to the department;
			 and
(6) disclose past home health
			 agency ownership or management, including the name of the home health agency,
			 its location, and current status, to the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-105 - Nursing services

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 licensee of a home health agency that provides nursing services shall ensure
			 the following:
(1) Supervision of nursing
			 services by a registered nurse or clinical manager;
(2) an initial evaluation by a registered
			 nurse of each patient within 48 hours of referral to determine the immediate
			 home health services needed by the patient;
(3) the reporting to a physician, nurse
			 practitioner, clinical nurse specialist, or physician assistant of any concerns
			 or change in a patient's status; and
(4) the updating of each patient's plan of
			 care by a registered nurse if there is a concern or change in the patient's
			 status.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-106 - Therapy services

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Therapy services offered by a licensee's employees or under a contractual
			 arrangement with the licensee shall be provided by the following:
(1) A physical therapist;
(2) a physical therapist assistant
			 functioning under the supervision of a physical therapist;
(3) an occupational therapist;
(4) an occupational therapy assistant
			 functioning under the supervision of an occupational therapist;
(5) a speech therapist; or
(6) a respiratory therapist.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-107 - Social services

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Social
			 services offered by a licensee's employees or under a contractual arrangement
			 with the licensee shall be provided by a social worker according to the
			 patient's plan of care.
(b) The
			 social worker shall participate in the development of the patient's plan of
			 care.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-108 - Home health aide services

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each home health aide shall be supervised by a registered nurse
				and shall be given written instructions for patient care prepared by a
				qualified health professional.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-109 - Nutritional and dietary consultation

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each licensee providing nutritional and
			 dietary consultation services offered by the licensee's employees or under a
			 contractual arrangement with the licensee shall provide nutritional and dietary
			 consultation services according to the plan of care.
(b) Each dietitian shall evaluate the
			 nutritional needs of each patient requiring nutritional and dietary services
			 and shall participate in developing the plan of care for that
			 patient.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-110 - Clinical records and client records

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) General provisions. A clinical record or
			 client record containing pertinent past and current findings shall be
			 maintained in accordance with accepted professional standards for each patient
			 or client receiving home health services.
(b) Content of clinical record. Each clinical
			 record shall contain at least the following:
(1) The patient's plan of care;
(2) the name of the patient's physician,
			 nurse practitioner, clinical nurse specialist, or physician
			 assistant;
(3) drug, dietary,
			 treatment, and activity physician orders;
(4) signed and dated admission notes and
			 clinical notes that are written the day the home health service is rendered and
			 incorporated at least weekly;
(5)
			 documentation of home health services provided, date and time in and out, and a
			 confirmation that home health services were provided;
(6) documentation that HCBS were performed
			 according to policies and guidelines for HCBS, if the home health agency
			 provides HCBS;
(7) a copy of all
			 progress notes;
(8) the date of
			 each on-site visit for supervision required by K.A.R. 28-51-118; and
(9) the discharge summary report.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-111 - Patients' and clients' bill of rights

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each governing body shall establish a
			 bill of rights that shall be equally applicable to all patients and clients.
			 The following provisions shall be included in the patients' and clients' bill
			 of rights:
(1) The right to choose health care
			 professionals and the right to communicate with those health care
			 professionals;
(2) the right to
			 participate in the planning of the patient's or client's plan of care and the
			 right to appropriate instruction and education regarding the plan of
			 care;
(3) the right to home health
			 services, HCBS, and supportive care services that are provided without
			 discrimination as to race, color, creed, sex, or national origin;
(4) the right to receive home health
			 services, HCBS, or supportive care services only if the licensee has the
			 ability to provide safe, professional care at the level of intensity
			 needed;
(5) the right to reasonable
			 continuity of care;
(6) the right
			 to be advised in advance of any change in the plan of care before the change is
			 made;
(7) the right to
			 confidentiality of all clinical records and client records, communications, and
			 personal information;
(8) the right
			 to review all health records pertaining to the patient or client unless
			 medically contraindicated in the clinical record or client record by the
			 physician, nurse practitioner, clinical nurse specialist, or physician
			 assistant;
(9) the right to be
			 referred to another home health agency if the patient or client is denied home
			 health services, HCBS, or supportive care services for any reason;
(10) the right to voice grievances and
			 suggest changes in home health services, HCBS, and supportive care services or
			 the staff providing the home health services, HCBS, and supportive care
			 services, without fear of reprisal or discrimination;
(11) the right to be fully informed of home
			 health agency policies and charges for home health services, HCBS, and
			 supportive care services, including eligibility for, and the extent of payment
			 from third-party reimbursement sources, before receiving care. Each patient and
			 client shall be informed of the extent to which payment could be required from
			 the patient or client;
(12) the
			 right to be free from verbal, physical, and psychological abuse and to be
			 treated with dignity;
(13) the
			 right to have the patient's or client's property treated with
			 respect;
(14) the right to be
			 advised in writing of the availability of the department's toll-free complaint
			 telephone number; and
(15) the
			 right to be free from the use of restraints in the home setting.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-112 - Home health aide training; state test

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each individual employed or contracted by
			 a home health agency who is not licensed or registered to provide home health
			 services but who assists, under supervision, in the provision of home health
			 services to patients shall meet the requirements specified in K.A.R. 28-51-113
			 through 28-51-115.
(b) Upon
			 completing the requirements specified in K.A.R. 28-51-113 through 28-51-115,
			 each home health aide shall be required to pass a state test as specified in
			 K.A.R. 28-51-116.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-113 - Home health aide qualifications

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Each home health aide candidate shall be
			 a Kansas-certified nurse aide in good standing on the public nurse aide
			 registry and complete a 20-hour home health aide course approved by the
			 department.
(b) Upon completing a
			 home health aide course as specified in subsection (a), each home health aide
			 shall be required to pass a state test as specified in K.A.R.
			 2851-116.
(c) Each individual who
			 completes the requirements specified in subsections (a) and (b) shall be
			 certified by the department and shall be listed on the public nurse aide
			 registry.
(d)
(1) Each home health aide trainee shall be
			 allowed to provide home health services to patients of the home health agency
			 under the supervision of a registered nurse.
(2) Each home health aide trainee who
			 completes an approved 20-hour course shall be certified by the department, upon
			 completion of the requirements specified in subsections (a) and (b), within 90
			 days from the beginning date of the initial course in order to continue
			 employment providing home health services. Home health aide trainee status
			 shall be for one 90-day period only.
(3) Any Kansas-certified nurse aide who is
			 eligible for employment and who is enrolled in a 20-hour home health aide
			 course may work for a home health agency as a home health aide trainee. The
			 home health agency's registered nurse shall retain in the home health aide
			 trainee's personnel file a form approved by the department attesting that the
			 home health aide trainee has met the minimum competencies for a home health
			 aide trainee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-114 - Home health aide course instructors

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each instructor
			 for the 20-hour course shall meet the following requirements:
(1) Each person who intends to be a course
			 instructor shall submit a completed instructor approval application form to the
			 licensing agency at least three weeks before offering an initial course and
			 shall be required to receive approval as an instructor before the first day of
			 an initial course.
(2) Each
			 instructor shall be a registered nurse with a minimum of two years of licensed
			 nursing experience, including at least 1,750 hours of experience in the
			 provision of home health care services.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-115 - Allied health training endorsement for home health aide

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person who
			 meets one of the following conditions shall be deemed to have met the
			 requirements of K.A.R. 28-51-113(a) and shall be eligible to take the state
			 test as specified in K.A.R. 28-51-116:
(1)
			 The person has been licensed in Kansas or another state, within 24 months from
			 the date of application, as a licensed practical nurse whose license is
			 inactive or a registered nurse whose license is inactive, and there are no
			 pending or current disciplinary actions against the individual's license.
(2) The person is currently
			 licensed in Kansas or another state, or has been licensed within 24 months from
			 the date of application, as a licensed mental health technician, and there are
			 no pending or current disciplinary actions against the individual's license.
(3) The person has received
			 training from an accredited nursing or mental health technician training
			 program within the 24-month period before applying for endorsement. Training
			 shall have included a basic skills component comprised of personal hygiene,
			 nutrition and feeding, safe transfer and ambulation techniques, normal range of
			 motion and positioning, and supervised clinical experience in geriatrics.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-116 - State home health aide test eligibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 shall have a maximum of three attempts per year from the beginning date of the
			 course to pass the state written test after successfully completing an approved
			 20-hour course pursuant to K.A.R. 28-51-113.
(1) If the person does not pass the state
			 test within one year from the starting date of taking an approved 20-hour
			 course, the person shall retake the entire course to be eligible to retake the
			 state test.
(2) If a person whose
			 training has been endorsed as specified in K.A.R. 28-51-115 does not pass the
			 state test on the first attempt, the person shall complete an approved 20-hour
			 course as specified in K.A.R. 28-51-113 before retaking the state test.
(3) The state test shall be
			 comprised of 30 multiple-choice questions for persons who have successfully
			 completed an approved 20-hour course or have successfully completed training
			 that has been endorsed as specified in K.A.R. 28-51-115. A score of 22 or
			 higher shall constitute a passing score.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-117 - Supportive care services

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Admission criteria. Each person that applies to provide supportive care
			 services shall have a written policy that addresses admission criteria
			 consistent with the definition of "supportive care services" in
			 K.S.A.
			 65-5101, and amendments thereto, and the
			 requirements of this regulation.
(b) Scope of practice and training. Each
			 licensee providing supportive care services shall have written policies and
			 procedures describing the appropriate scope of practice for a supportive care
			 worker consistent with the following:
(1) The
			 definition of "supportive care services" in
			 K.S.A.
			 65-5101, and amendments thereto;
(2) the requirements of this regulation;
			 and
(3) the training required for
			 each supportive care worker to provide the necessary supportive care services
			 to a client.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 51 - HOME HEALTH AGENCY LICENSURE › Section 28-51-118 - HCBS

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Admission
			 criteria. Each person that applies to provide HCBS shall have written policies
			 and procedures that address admission criteria consistent with the requirements
			 of this regulation.
(b) Scope of
			 practice and training. Each licensee providing HCBS shall have written policies
			 and procedures describing the appropriate scope of practice for each HCBS
			 worker consistent with state regulations and federal regulations and guidelines
			 for HCBS and the training required for each HCBS worker to provide the
			 necessary HCBS to a patient.
(c)
			 Competency. Each licensee providing HCBS shall ensure that each HCBS worker
			 providing personal care demonstrates competency before providing HCBS to a
			 patient without a supervisor being present and shall reevaluate each worker
			 providing personal care on an annual basis in the following subject areas:
(1) Communication skills, with special focus
			 on communicating with patients with a hearing deficit, dementia, or other
			 special needs;
(2) observation,
			 reporting, and documentation of patient status and the type of HCBS
			 provided;
(3) basic infection
			 control procedures;
(4) basic
			 elements of body functioning and changes in body function or vital signs that
			 shall be reported to the HCBS worker's supervisor;
(5) maintenance of a clean, safe, and healthy
			 environment;
(6) recognizing
			 emergencies and knowledge of the home health agency's emergency
			 procedures;
(7) respecting the
			 patient and the patient's privacy and property;
(8) knowledge of the patient's bill of rights
			 specified in K.A.R. 28-51-111;
(9)
			 appropriate and safe techniques in personal hygiene and grooming; and
(10) appropriate use of any equipment needed
			 for the provision of HCBS.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 52 - MEDICAL CARE FACILITIES › Section 28-52-1 - General requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each medical
			 care facility shall establish a written plan for risk management and patient
			 care quality assessment on a facility-wide basis.
(b) The plan shall be approved and reviewed
			 annually by the facility's governing body.
(c) Findings, conclusions, recommendations,
			 actions taken, and results of actions taken shall be documented and reported
			 through procedures established within the risk management plan.
(d) All patient services including those
			 services provided by outside contractors or consultants shall be periodically
			 reviewed and evaluated in accordance with the plan.
(e) Plan format. Each submitted plan shall
			 include the following:
(1) Section I a
			 description of the system implemented by the facility for investigation and
			 analysis of the frequency and causes of reportable incidents within the
			 facility;
(2) Section II a
			 description of the measures used by the facility to minimize the occurrence of
			 reportable incidents and the resulting injuries within the facility;
(3) Section III a description of the
			 facility's implementation of a reporting system based upon the duty of all
			 health care providers staffing the facility and all agents and employees of the
			 facility directly involved in the delivery of health care services to report
			 reportable incidents to the chief of the medical staff, chief administrative
			 officer, or risk manager of the facility;
(4) Section IV, organization a description of
			 the organizational elements of the plan including:
(A) Name and address of the facility;
(B) name and title of the
			 facility's risk manager;
(C)
			 description of involvement and organizational structure of medical staff as
			 related to risk management program, including names and titles of medical staff
			 members involved in investigation and review of reportable incidents;
(D) organizational chart
			 indicating position of the facility's review committee as defined in
			 K.S.A.
			 65-4923 and L. 1986, Ch. 229, New Section
			 4(a)(2); and
(E) mechanism for
			 ensuring quarterly reporting of incident reports to proper licensing agency.
(5) Section V a
			 description of the facility's resources allocated to implement the plan; and
(6) Section VI documentation that
			 the plan as submitted has been approved by the facility's governing body.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 52 - MEDICAL CARE FACILITIES › Section 28-52-2 - Incident reporting

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each medical
			 care facility shall identify a written form on which employees and health care
			 providers shall report clinical care concerns to the risk manager, chief of
			 staff, or administrator. The original or complete copy of the incident report
			 shall be sent directly to the risk manager, chief of staff, or administrator,
			 as authorized in the facility's risk management plan.
(b) The risk manager, chief of staff, or
			 administrator shall acknowledge the receipt of each incident report in writing.
			 This acknowledgment may be made in the following manner:
(1) file stamping each report;
(2) maintaining a chronological risk
			 management reporting log;
(3)
			 signing or initialing each report in a consistent fashion; or
(4) entering pertinent information into a
			 computer database.