reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-104 - Disaster and emergency preparedness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The administrator or operator of each
			 adult day care facility shall ensure the provision of a sufficient number of
			 staff members to take residents who would require assistance in an emergency or
			 disaster to a secure location.
(b)
			 Each administrator or operator shall ensure the development of a detailed
			 written emergency management plan to manage potential emergencies and
			 disasters, including the following:
(1)
			 Fire;
(2) flood;
(3) severe weather;
(4) tornado;
(5) explosion;
(6) natural gas leak;
(7) lack of electrical or water
			 service;
(8) missing residents;
			 and
(9) any other potential
			 emergency situations.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-105 - Resident records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 maintenance of a record for each resident in accordance with accepted
			 professional standards and practices.
(1)
			 Designated staff shall maintain the record of each discharged resident who is
			 18 years of age or older for at least five years after the discharge of the
			 resident.
(2) Designated staff
			 shall maintain the record of each discharged resident who is less than 18 years
			 of age for at least five years after the resident reaches 18 years of age or at
			 least five years after the date of discharge, whichever time period is
			 longer.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-106 - Community governance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 facilitation of the organization of at least one resident council, each of
			 which shall meet at least quarterly to provide residents with a forum to
			 provide input into community governance.
(b) Each administrator or operator shall
			 ensure the accommodation of the council process by providing space for the
			 meetings, posting notices of the meetings, and assisting residents who wish to
			 attend the meetings.
(c) In order
			 to permit a free exchange of ideas and concerns, each administrator or operator
			 shall ensure that all meetings are conducted without the presence of facility
			 staff, unless allowed by the residents.
(d) Each administrator or operator shall
			 respond to each written idea and concern received from the council, in writing,
			 within 30 days after the meeting at which the written ideas and concerns were
			 collected. The administrator or operator shall ensure that a copy of each
			 written idea or concern and each response is available to surveyors.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-200 - Resident criteria

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 development and implementation of written admission, transfer, and discharge
			 policies that protect the rights of each resident, pursuant to K.A.R.
			 26-39-102. In addition, the administrator or operator shall ensure that any
			 resident who has one or more of the following conditions is not admitted or
			 retained unless the negotiated service agreement includes services sufficient
			 to meet the needs of the resident while in the facility:
(1) Incontinence, if the resident cannot or
			 will not participate in management of the problem;
(2) immobility, if the resident is totally
			 dependent on another person's assistance to exit the building;
(3) any ongoing condition requiring two or
			 more persons to physically assist the resident; or
(4) any behavioral symptom that exceeds
			 manageability.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-201 - Resident functional capacity screening

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On or before each individual's admission
			 to an adult day care facility, a licensed nurse, a licensed social worker, or
			 the administrator or operator shall conduct a screening to determine the
			 individual's functional capacity and shall record all findings on a screening
			 form specified by the department. The administrator or operator may integrate
			 the department's screening form into a form developed by the facility, which
			 shall include each element and definition specified by the
			 department.
(b) A licensed nurse
			 shall assess any resident whose functional capacity screening indicates the
			 need for health care services.
(c)
			 Designated facility staff shall conduct a screening to determine each
			 resident's functional capacity according to the following requirements:
(1) At least once every 365 days;
(2) following any significant change in
			 condition as defined in K.A.R. 26-39-100; and
(3) at least quarterly if the resident
			 receives assistance with eating from a paid nutrition assistant.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-202 - Negotiated service agreement

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The administrator or operator of each adult day care facility shall ensure the
			 development of a written negotiated service agreement for each resident, based
			 on the resident's functional capacity screening, service needs, and
			 preferences, in collaboration with the resident or the resident's legal
			 representative, the case manager, and, if agreed to by the resident or the
			 resident's legal representative, the resident's family. The negotiated service
			 agreement shall provide the following information:
(1) A description of the services the
			 resident will receive;
(2)
			 identification of the provider of each service; and
(3) identification of each party responsible
			 for payment if outside resources provide a service.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-203 - General services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Range
			 of services. The administrator or operator of each adult day care facility
			 shall ensure the provision or coordination of the range of services specified
			 in each resident's negotiated service agreement. The range of services may
			 include the following:
(1) Daily meal service
			 based on each resident's needs;
(2)
			 health care services based on an assessment by a licensed nurse and in
			 accordance with K.A.R. 26-43-204;
(3) medical, dental, and social
			 transportation;
(4) planned group
			 and individual activities that meet the needs and interests of each resident;
			 and
(5) other services necessary to
			 support the health and safety of each resident.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-204 - Health care services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator in each adult day care facility shall ensure that a
			 licensed nurse provides or coordinates the provision of necessary health care
			 services that meet the needs of each resident and are in accordance with the
			 functional capacity screening and the negotiated service agreement.
(b) If the functional capacity screening
			 indicates that a resident is in need of health care services, a licensed nurse,
			 in collaboration with the resident, the resident's legal representative, the
			 case manager, and, if agreed to by the resident or resident's legal
			 representative, the resident's family, shall develop a health care service plan
			 to be included as part of the negotiated service agreement.
(c) The health care services provided by or
			 coordinated by a licensed nurse may include the following:
(1) Personal care provided by direct care
			 staff or by certified or licensed nursing staff employed by a home health
			 agency or a hospice;
(2) personal
			 care provided gratuitously by friends or family members; and
(3) supervised nursing care provided by, or
			 under the guidance of, a licensed nurse.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-205 - Medication management

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Self-administration of medication. Any resident may self-administer and manage
			 medications independently or by using a medication container or syringe
			 prefilled by a licensed nurse or pharmacist or by a family member or friend
			 providing this service gratuitously, if a licensed nurse has performed an
			 assessment and determined that the resident can perform this function safely
			 and accurately without staff assistance.
(1)
			 An assessment shall be completed before the resident initially begins
			 self-administration of medication, if the resident experiences a significant
			 change of condition, and annually.
(2) Each assessment shall include an
			 evaluation of the resident's physical, cognitive, and functional ability to
			 safely and accurately self-administer and manage medications independently or
			 by using a prefilled medication container or prefilled syringe.
(3) The resident's clinical record shall
			 contain documentation of the assessment and the determination.
(4) If a resident self-administers medication
			 with a pre-filled medication container or syringe, the prefilled medication
			 container or syringe shall have a label with the resident's name and the date
			 the container or syringe was prefilled. The label, or a medication
			 administration record provided to the resident, shall also include the name and
			 dosage of each medication and the time or event at which the medication is to
			 be self-administered. Facility staff may remind residents to take medications
			 or inquire as to whether medications were taken.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-206 - Dietary services

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Provision of dietary services. The administrator or operator of each adult day
			 care facility shall ensure the provision or coordination of dietary services to
			 residents as identified in each resident's negotiated service agreement. If the
			 administrator or operator of the facility establishes a contract with another
			 entity to provide or coordinate the provision of dietary services to the
			 residents, the administrator or operator shall ensure that entity's compliance
			 with these regulations.
(b) Staff.
			 The supervisory responsibility for dietetic services shall be assigned to one
			 employee.
(1) A dietetic services supervisor
			 or licensed dietician shall provide scheduled on-site supervision in each
			 facility with 11 or more residents.
(2) If a resident's negotiated service
			 agreement includes the provision of a therapeutic diet, mechanically altered
			 diet, or thickened consistency of liquids, a medical care provider's order
			 shall be on file in the resident's clinical record, and the diet or liquids, or
			 both, shall be prepared according to instructions from a medical care provider
			 or licensed dietitian.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-207 - Infection control

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 provision of a safe, sanitary, and comfortable environment for
			 residents.
(b) Each administrator
			 or operator shall ensure the development of policies and implementation of
			 procedures to prevent the spread of infections. These policies and procedures
			 shall include the following requirements:
(1)
			 Using universal precautions to prevent the spread of blood-borne
			 pathogens;
(2) techniques to ensure
			 that hand hygiene meets professional health care standards;
(3) techniques to ensure that the laundering
			 and handling of soiled and clean linens meet professional health care
			 standards;
(4) providing sanitary
			 conditions for food service;
(5)
			 prohibiting any employee with a communicable disease or any infected skin
			 lesions from coming in direct contact with any resident, any resident's food,
			 or resident care equipment until the condition is no longer infectious;
			 and
(6) providing orientation to
			 new employees and employee in-service education at least annually on the
			 control of infections in a health care setting.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-10 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article, shall
				have the meaning specified in this regulation:
(a) "Clinical instruction" shall mean
			 training in which the trainee demonstrates knowledge and skills while
			 performing tasks on a person under the direct supervision of the
			 instructor.
(b) "Course supervisor"
			 shall mean an individual who has been approved by the secretary to provide
			 general supervision of the nurse aide training course.
(c) "Direct care" shall mean assistance
			 provided to perform activities of daily living.
(d) "Direct supervision" shall mean that a
			 supervisor or an instructor is on the facility premises and is readily
			 accessible for one-on-one consultation, instruction, and assistance, as
			 needed.
(e) "Eligible for
			 employment," when describing a certified nurse aide, shall mean that the
			 certified nurse aide meets the following criteria:
(1) Was employed to perform nursing or
			 nursing-related services for at least eight hours in the preceding 24
			 months;
(2) has no record of
			 medicare or medicaid fraud;
(3) has
			 no record of abuse, neglect, and exploitation; and
(4) is not prohibited from employment based
			 upon criminal convictions pursuant to
			 K.S.A.
			 39-970, and amendments thereto.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-12 - Curricula and instruction manuals

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The following departmental documents, which are hereby adopted by reference,
			 shall apply to each certified nurse aide program:
(1) "Kansas certified nurse aide curriculum
			 guidelines (90 hours)," dated May 10, 2013, including appendix C, except the
			 resource list on page 172, and excluding the preface and appendices A and B;
			 and
(2) the cover page and pages 1
			 through 16 in the "Kansas certified nurse aide course (90 hour) instruction
			 manual," dated May 10, 2013.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-20 - Nurse aide; training program

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each unlicensed employee who provides direct care to residents shall meet the
			 following training program requirements:
(1)
			 Successfully complete at least a 90-hour nurse aide course approved by the
			 secretary; and
(2) pass the state
			 test as specified in K.A.R. 26-50-24.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-22 - Nurse aide training course; personnel and course sponsor

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The training of nurse aides shall be
			 performed by or under the general supervision of a course supervisor. Each
			 course supervisor shall meet the following requirements:
(1) Be licensed to practice as an RN and have
			 no pending or current disciplinary actions against that individual's
			 license;
(2) have at least two
			 years of full-time licensed nursing experience, which shall include at least
			 1,750 hours of licensed nursing experience in an adult care home or a long-term
			 care unit of a hospital; and
(3)
			 meet at least one of the following requirements:
(A) Completed a course in adult
			 education;
(B) completed a
			 professional continuing education offering on supervision or adult
			 education;
(C) taught adults;
			 or
(D) supervised nurse
			 aides.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-24 - Nurse aide; state test

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 state test for nurse aides shall consist of 100 multiple-choice questions. A
			 score of 75 percent or higher shall constitute a passing score.
(b)
(1)
			 Only persons who have successfully completed an approved 90-hour nurse aide
			 course or have completed education or training that has been deemed equivalent
			 as specified in K.A.R. 26-50-26 shall be allowed to take the state
			 test.
(2) Each person who has
			 completed an approved 90-hour course as specified in K.A.R. 26-50-20 shall have
			 no more than three attempts within 12 months after the beginning date of the
			 course to pass the state test. If the person does not pass the state test
			 within this 12-month period, the person shall be required to retake and
			 successfully complete the entire nurse aide course.
(3) Each person whose education or training
			 has been endorsed or deemed equivalent as specified in K.A.R. 26-50-26 shall
			 have no more than one attempt to pass the state test, except as specified in
			 this paragraph. If the person does not pass the state test, the person shall be
			 required to successfully complete an approved 90-hour nurse aide course as
			 specified in K.A.R. 26-50-20 to be eligible to retake the state test. The
			 person shall have no more than three attempts within 12 months after the
			 beginning date of the course to pass the state test.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-26 - Nurse aide; out-of-state and allied health training equivalency

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any person may
			 be employed in the state without taking the Kansas state test if the person
			 meets the following requirements:
(1) Has been
			 employed as a nurse aide in another state and is eligible for employment in
			 that state; and
(2) has been
			 determined by the secretary to have successfully completed training or passed a
			 test, or both, that is equivalent to the training and state test required in
			 Kansas for nurse aides.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-30 - Medication aide; program

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each medication aide shall meet the following requirements:
(1)
(A) Be
			 a certified nurse aide listed on the Kansas nurse aide registry with no pending
			 or current prohibitions against that individual's certification; or
(B) be a qualified intellectual disability
			 professional;
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-32 - Medication aide course; instructor and course sponsor

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each instructor of the medication aide
			 course shall meet the following requirements:
(1) Be licensed to practice as an RN and have
			 no pending or current disciplinary actions against that individual's license;
			 and
(2) have at least two years of
			 clinical experience as an RN. Any pharmacist licensed in Kansas and actively
			 working in the pharmacy field may conduct part of the training under the
			 supervision of an approved instructor.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-34 - Medication aide; state test; registry

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The state test for medication aides shall
			 be administered by the secretary or the secretary's designee and in accordance
			 with the "Kansas certified medication aide course instruction manual," as
			 adopted by reference in K.A.R. 26-50-12.
(b) The state test for medication aides shall
			 consist of 85 multiple-choice questions. A score of at least 65 correct answers
			 shall constitute a passing score.
(c)
(1) Only
			 persons who have met the requirements in K.A.R. 26-50-30 (a)(1), (2), and (4)
			 and in K.A.R. 26-50-36 shall be eligible to take the state test for medication
			 aides.
(2) Each person who has
			 completed the medication aide course as specified in K.A.R. 26-50-30 shall have
			 no more than two attempts within 12 months after the beginning date of the
			 course to pass the state test for medication aides. If the person does not pass
			 the test within this 12-month period, the person shall retake the medication
			 aide course. Each time the person successfully completes the course, the person
			 shall have two attempts to pass the state test within 12 months after the
			 beginning date of the course. The number of times a person may retake the
			 course shall be unlimited.
(3) Each
			 person who is listed on the Kansas nurse aide registry with no current or
			 pending prohibitions and whose training has been deemed equivalent to the
			 Kansas medication aide course shall have no more than one attempt to pass the
			 state test within 12 months after the beginning date of the equivalency
			 approval. If the person does not pass the state test within this 12-month
			 period, the person shall be required to take the state medication aide
			 course.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-36 - Medication aide; out-of-state and allied health training equivalency

Current through Register Vol. 43, No. 28, July 11, 2024
Any person whose education or training has been deemed
				equivalent to the medication aide course offered by an approved sponsor as
				specified in
				K.A.R.
				26-50-30 may apply to take the state test to
				become certified as a medication aide. Before requesting a determination of
				education or training equivalency as a medication aide, that person shall be
				listed on the Kansas nurse aide registry with no pending or current
				prohibitions against that person's certification and shall meet one of the
				following requirements:
(a) The person
			 shall be currently certified to administer medications in another state. The
			 department or its designated agent shall evaluate that state's certification
			 training for equivalency in content and skills level with the requirements for
			 certification as a medication aide in Kansas.
(b) The person shall be currently enrolled in
			 an accredited practical nursing or professional nursing program and shall have
			 completed a course of study in pharmacology with a grade of C or
			 better.
(c) The person shall be
			 currently licensed in Kansas or another state as a licensed mental health
			 technician and shall have no pending or current disciplinary actions against
			 that person's license.
(d) The
			 person's license to practice as an RN, an LPN, or a licensed mental health
			 technician shall have become inactive within the 24-month period immediately
			 before the individual applied for equivalency, and the person shall have no
			 pending or current disciplinary actions against that person's
			 license.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-38 - Medication aide; certification renewal and reinstatement; notification of changes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 person who has been certified as a medication aide as specified in K.A.R.
			 26-50-30 and wants to maintain that person's certification shall complete a
			 10-hour continuing education course every two years before that person's
			 certification expires. The course shall be approved by the secretary. Approved
			 continuing education hours completed in excess of the requirement shall not be
			 carried over to the next certification renewal period.
(b) Each medication aide's certification
			 shall be renewed every two years upon the department's receipt of each of the
			 following from the course instructor before that medication aide's
			 certification expires:
(1) Verification of the
			 medication aide's completion of 10 hours of an approved continuing education
			 course;
(2) the medication aide's
			 renewal form; and
(3) a
			 nonrefundable renewal fee of $20.00.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 50 - UNLICENSED EMPLOYEES IN ADULT CARE HOMES › Section 26-50-40 - Medication aide; continuing education course

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A 10-hour continuing education course
			 shall be approved by the secretary for renewal or reinstatement of
			 certification as a medication aide, as specified in K.A.R. 26-50-38.
(b) The continuing education course
			 requirement shall include one or more of the following topics:
(1) Classes of drugs and new drugs;
(2) new uses of existing drugs;
(3) methods of administering
			 medications;
(4) alternative
			 treatments, including herbal drugs and their potential interaction with
			 traditional drugs;
(5) safety in
			 the administration of medications; or
(6) documentation.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				department's regulations, shall have the meaning specified in this
				regulation:
(a) Each of the following
			 terms shall have the meaning specified in
			 K.S.A.
			 59-29c02, and amendments thereto:
(1) "Behavioral health
			 professional"
(2) "crisis
			 intervention center"
(3) "crisis
			 intervention center service area"
(4) "domestic partner"
(5) "head of a crisis intervention
			 center"
(6) "law enforcement
			 officer"
(7) "licensed addiction
			 counselor"
(8) "physician
			 assistant"
(9)
			 "psychologist"
(10) "qualified
			 mental health professional" and
(11) "treatment."
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-2 - Licensure application process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant
			 shall submit an application for a license as a crisis intervention center at
			 least 90 days before the center's planned opening date on a form provided by
			 the department. A completed application shall respond to all requests for
			 information, attach all documentation requested by the department, and shall
			 include the following:
(1) The completed
			 application form and all required attachments;
(2) a description of the crisis intervention
			 program to be offered to voluntary patients pursuant to
			 K.S.A.
			 59-29c04, and amendments thereto, including
			 the following:
(A) The counties served;
			 and
(B) an explanation of the
			 census management system utilized by a center, if applicable, to temporarily
			 cease admissions of voluntary patients for the purpose of the center being able
			 to continue admitting involuntary patients without exceeding the center's
			 licensed beds.
(3) A
			 description of the crisis intervention program to be offered to involuntary
			 patients pursuant to
			 K.S.A.
			 59-29c06 and
			 59-29c07, and amendments thereto,
			 including the following:
(A) The counties
			 served; and
(B) a description of
			 how the center will manage referrals and notify law enforcement, local
			 hospitals, and the community mental health center in the crisis intervention
			 center area if the center temporarily cannot continue admitting involuntary
			 patients without exceeding the center's licensed beds.
(4) the anticipated opening date for the
			 center;
(5) a request for the
			 background checks for staff members and volunteers, pursuant to
			 K.S.A.
			 39-2009, and amendments thereto, to
			 sufficiently staff and operate the center on a 24-hour, seven days per week
			 basis;
(6) the center's policies
			 and procedures required in subsection (c) of this regulation; and
(7) the annual license fee in the amount of
			 $100.00 plus $30.00 per licensed bed.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-3 - License term; license changes; and renewal application process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No government, governmental subdivision,
			 or private entity shall operate a crisis intervention center unless the
			 government, governmental subdivision, or private entity has been issued a
			 provisional license or license to operate a crisis intervention center by the
			 secretary.
(b) A crisis
			 intervention center shall not have the same name or substantially similar name
			 as a community mental health center, hospital, facility, or any other provider
			 defined by
			 K.S.A.
			 39-2002, and amendments thereto.
(c)
(1)
			 Each provisional license shall be valid only for the licensee and for the
			 address specified on the provisional license. A provisional license shall be
			 valid for a period of six months from the date of issuance unless revoked or
			 suspended. A provisional license shall become void immediately upon the
			 effective date of an amended provisional license or issuance of a
			 license.
(2) A new application as
			 required by 26-52-2 and the fee specified in 26-52-2 shall be submitted to the
			 department at least 45 days prior to the expiration of the provisional
			 license.
(3) The maximum number of
			 patients authorized by the licensed beds stated in the current provisional
			 license issued by the department shall not be exceeded.
(4) The current provisional license issued by
			 the department shall be posted in a conspicuous place in a public area of the
			 crisis intervention center.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-4 - Insurance

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall maintain commercial liability insurance,
				medical negligence insurance, and commercial vehicle insurance if a commercial
				vehicle is operated. The minimum coverage for general liability insurance shall
				be $1,000,000 per occurrence, with $2,000,000 aggregate. For medical
				negligence, the minimum coverage shall be $1,000,000 per occurrence, with
				$2,000,000 aggregate. For commercial vehicle liability insurance, the minimum
				bodily injury coverage shall be $100,000 per person and $500,000 per accident;
				and the minimum commercial uninsured motorist bodily injury coverage shall be
				$100,000 per person and $500,000 per accident.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-5 - Inspections

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An inspection
			 of the crisis intervention center shall be conducted by the department upon
			 receipt of an application for any of the following:
(1) A license to operate a crisis
			 intervention center;
(2) an amended
			 license to operate a crisis intervention center; or
(3) renewal of a license to operate a crisis
			 intervention center.
(A) If a licensee submits
			 an application for renewal of a crisis intervention center and the center is
			 accredited by the joint commission on accreditation of healthcare organizations
			 (JCAHO), the council on accreditation of rehabilitative facilities (CARF), or
			 the council on accreditation (COA), the department shall conduct an inspection
			 of the center's premises and records only for the purposes of determining the
			 center's compliance with state law and the requirements of this
			 article.
(B) Each licensee that
			 loses accreditation from JCAHO, CARF, or COA for the crisis intervention center
			 shall notify the department in writing within ten days after the effective date
			 of the loss of accreditation.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-6 - Background checks

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant
			 or licensee shall submit with each application for a license and each renewal
			 application a request to conduct a criminal history check by the Kansas bureau
			 of investigation and to conduct a background check by the department for all
			 staff members and volunteers, pursuant to
			 K.S.A.
			 39-2009, and amendments thereto. Each request
			 shall be submitted on a form provided by the department, containing the
			 required information for each staff member and volunteer, and signed by the
			 staff member or volunteer.
(b) No
			 licensee shall allow a person to begin working as a staff member or volunteer
			 in a crisis intervention center unless one of the following occurs:
(1) A pass determination has been issued by
			 the department for the staff member or volunteer;
(2) a staff member qualifies for provisional
			 employment on a one-time basis for 60 days; or
(3) a staff member has been the subject of a
			 criminal history check, pursuant to
			 K.S.A.
			 39-2009, and amendments thereto, within one
			 year immediately prior to the staff member's application for employment with
			 the center, if the staff member has maintained a record of continuous
			 employment and there has been no lapse of employment of over 90 days in any
			 center, hospital, facility, or other provider.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-7 - Operations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall be responsible for the operation of the crisis intervention center,
			 including the following:
(1) Developing an
			 organizational chart designating the hierarchy of authority and ensuring that
			 all staff members and volunteers know the hierarchy of authority;
(2) developing position descriptions for all
			 staff member positions that describes the qualifications and job duties of each
			 role;
(3) developing and
			 implementing administrative policies and procedures for operation of the crisis
			 intervention center, which shall include the following:
(A) Employing or contracting with an
			 administrative director for the center;
(B) employing or contracting with a clinical
			 director for the center;
(C)
			 employing or contracting with sufficient direct care staff members to supervise
			 and meet the needs of the patients;
(D) employing or contracting with sufficient
			 professional staff necessary to provide appropriate medical care, medication
			 management, mental health services, and alcohol and substance abuse services to
			 patients;
(E) employing or
			 contracting with sufficient auxiliary staff to meet the needs of the patients
			 for food services, housekeeping, laundry, infection control, and safety of the
			 patients;
(F) accessing pharmacy
			 services and laboratory services during the normal business hours of the
			 center;
(G) training appropriate
			 for auxiliary staff, direct care staff, professional staff, and volunteers as
			 required by 26-52-10 ;
(H)
			 developing emergency preparedness plans and disaster training; and
(I) other policies and procedures
			 specifically required by this article.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-9 - Personnel qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each staff
			 member and volunteer working or volunteering in a crisis intervention center
			 shall be reasonably qualified by the temperament, emotional maturity, judgment,
			 and understanding of adults with mental illness, alcohol and substance abuse,
			 or co-occurring conditions necessary to maintain the health, comfort, safety,
			 and welfare of the patients.
(b)
			 Each staff member performing the duties of more than one position shall meet
			 the minimum qualifications for each position held.
(c) Prior to working in a crisis intervention
			 center, each staff member and each volunteer shall meet the following
			 requirements:
(1) Each staff member and
			 volunteer who will have contact with patients shall provide a statement from an
			 authorized medical practitioner, based upon an in-person examination conducted
			 within the preceding year, on a form provided by the department stating one of
			 the following:
(A) No physical or mental
			 impairment prevents the staff member or volunteer from providing care for
			 patients or would otherwise represent a direct threat to the health, safety, or
			 welfare of others; or
(B) a
			 reasonable accommodation of a physical or mental impairment is required for the
			 staff member to perform their job duties of providing care and supervision of
			 patients, and the accommodation specified is sufficient to enable the staff
			 member to perform their job duties without representing a direct threat to the
			 health, safety, or welfare of others.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-10 - Staff training

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each staff
			 member shall complete at least 10 clock-hours of orientation training within
			 seven days after commencement of employment with, or a contractual relationship
			 with, the crisis intervention center. No staff member shall provide care to
			 patients before completion of the required 10 clock-hours of orientation
			 training. The orientation training shall include the following topics:
(1) The center's policies and
			 procedures;
(2) the staff member's
			 job duties and responsibilities;
(3) confidentiality;
(4) security procedures;
(5) recognition of harm as a result of
			 physical, mental, or emotional abuse, neglect, or sexual abuse, and the
			 reporting requirements of
			 K.S.A.
			 39-1431, and amendments thereto;
(6) the symptoms of infectious disease,
			 infection control, and universal precautions;
(7) the statutes governing a crisis
			 intervention center, including the following:
(A) The periodic evaluation process and
			 discharge requirements in
			 K.S.A.
			 59-29c08, and amendments thereto;
(B) the notice of rights and documentation
			 upon admission required by
			 K.S.A.
			 59-29c09, and amendments thereto;
(C) the requirements for administration of
			 medication and other treatments in
			 K.S.A.
			 59-29c10, and amendments thereto;
(D) the requirements for restraints and
			 seclusion in
			 K.S.A.
			 59-29c11, and amendments thereto;
(E) the patient's rights requirements in
			 K.S.A.
			 59-29c12, and amendments thereto;
			 and
(F) the restrictions on
			 disclosure of records in
			 K.S.A.
			 59-29c13, and amendments
			 thereto.
(8) regulations
			 in this article governing a crisis intervention center;
(9) assessment and prevention techniques for
			 self-harming behaviors and suicidal tendencies;
(10) principles of trauma-informed
			 care;
(11) occupational safety and
			 health administration (OSHA) standards regarding blood-borne
			 pathogens;
(12) medication
			 administration policies; and
(13)
			 other training approved by the secretary.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-11 - Scheduling and direct supervision

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 licensee shall develop and implement a written schedule for professional staff
			 members and shall include requirements for scheduling staff members as follows:
(1) A psychiatrist or advanced practice
			 registered nurse shall be available 24 hours per day, seven days per
			 week.
(2) Nursing staff in numbers
			 sufficient to meet the treatment needs of patients shall be available on-site
			 24 hours per day, seven days per week.
(3) One or more behavioral health
			 professionals sufficient to meet the evaluation and treatment needs of patients
			 and the requirements of this article shall be available for consultation 24
			 hours per day, seven days per week and on-site from 8 a.m. to 8
			 p.m.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-12 - Emergency plan; safety; security

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Emergency plan.
			 Each licensee shall develop and implement an emergency plan to provide for the
			 safety of patients, staff members, volunteers, and visitors in emergencies.
(1) The emergency plan shall include the
			 following information:
(A) Input from local
			 emergency response entities, including fire departments, law enforcement, and
			 local health care providers;
(B)
			 the types of emergencies likely to occur in the center or near the center,
			 including fire, weather-related events, elopement of patients, chemical
			 releases, utility failure, loss of heating or air conditioning, intruders,
			 computer system failure, and an unscheduled closing;
(C) the types of emergencies that could
			 require evacuating the center and the types that could require patients, staff
			 members, volunteers, and visitors to shelter in place;
(D) participation in community practice
			 drills for emergencies;
(E)
			 procedures to be followed by staff members in each type of emergency;
(F) designation of a staff member on each
			 shift to be responsible for each of the following:
(i) Communicating with emergency response
			 resources, including the fire department, law enforcement, and local health
			 care providers;
(ii) ensuring that
			 all patients, staff members, volunteers, and visitors are accounted
			 for;
(iii) taking the emergency
			 contact numbers and a cell phone;
(iv) accessing back-up systems, as needed, to
			 obtain patient legal documentation, patient medical records and medication
			 administration records; and
(v)
			 contacting the legal guardian of each patient.
(G) the location and means of reaching a
			 shelter-in-place area in the center, including safe movement of any patient,
			 staff member, volunteer, or visitor with special health care or mobility needs;
			 and
(H) the location and means of
			 reaching an emergency site if evacuating the center, including the following:
(i) Entering into a written agreement with an
			 emergency site for use as a temporary shelter for patients pending each
			 patient's discharge pursuant to
			 K.S.A.
			 59-29c08, and amendments thereto, and
			 reviewing the written agreement with the emergency site for any necessary
			 revisions at least once every three years;
(ii) safely transporting the patients,
			 including patients with special health care or mobility needs to the emergency
			 site;
(iii) transporting emergency
			 supplies, including water, food, medication, clothing, and blankets to the
			 emergency site;
(iv) providing
			 necessary staffing and security for patients while using the emergency
			 site;
(v) obtaining emergency
			 medical care; and
(vi) complying
			 with the evaluation and discharge requirements established by
			 K.S.A.
			 59-29c08, and amendments thereto, while
			 patients are being cared for at the emergency site.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-13 - Admission and retention screenings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall provide admission screening and evaluation services pursuant to
			 K.S.A.
			 59-29c04,
			 59-29c06,
			 59-29c07, and
			 59-29c08, and amendments thereto,
			 on a 24 hours per day, seven days per week basis.
(b)
(1) A
			 person 18 years of age or older may be admitted to the crisis intervention
			 center if licensed capacity will not be exceeded, and one of the following
			 conditions is met:
(A) Upon submission of a
			 written application on a form approved by the department from a voluntary
			 patient and after consideration of any applicable census management procedures
			 of the center, the clinical director or their designee determines that a
			 voluntary patient has capacity to make application for admission to the center
			 pursuant to
			 K.S.A.
			 59-29c04, and amendments thereto, for
			 treatment of a mental illness condition, an alcohol or substance abuse problem,
			 or co-occurring conditions.
(B)
			 Upon submission of a written application on a form approved by the department
			 from a law enforcement officer for emergency observation and treatment of the
			 proposed patient pursuant to
			 K.S.A.
			 59-29c06, and amendments thereto.
(C) Upon submission of a written application
			 on a form approved by the department from an adult for emergency observation
			 and treatment of the proposed patient pursuant to
			 K.S.A.
			 59-29c07, and amendments
			 thereto.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 52 - CRISIS INTERVENTION CENTERS › Section 26-52-14 - Records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant
			 and each licensee shall develop and implement policies and procedures for the
			 creation and maintenance of an organized recordkeeping system for the center,
			 which shall include the following:
(1)
			 Provisions shall be made for the identification, security, confidentiality,
			 control, retrieval, preservation, and disposal of all records for patients,
			 staff members, and volunteers, and for center records.
(2) All records shall be available at the
			 center for review by the department.