reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124d - Procedures for permitting; fact sheet

Current through Register
			 Vol. 43, No. 28, July 11, 2024
A fact sheet for each draft permit shall be prepared and
				distributed by the department according to the following requirements:
(a) The fact sheet shall be sent by the
			 department to the applicant and to each person who requests the fact
			 sheet.
(b) The fact sheet shall
			 briefly describe the principal facts and the significant factual, legal,
			 methodological, and policy questions considered in preparing the draft
			 permit.
(c) The fact sheet shall
			 include the following information:
(1) A
			 brief description of the type of facility or activity that is the subject of
			 the draft permit;
(2) the type and
			 quantity of wastes, fluids, or pollutants that are proposed to be or are being
			 treated, stored, disposed of, injected, emitted, or discharged;
(3) the reasons why each requested variance
			 or alternative to required standards do or do not appear justified;
(4) a description of the procedures for
			 reaching a final decision on the draft permit, including the following
			 information:
(A) The beginning and ending
			 dates of the comment period as specified in K.A.R. 28-31-124e and the address
			 where comments will be received;
(B) the procedures for requesting a hearing
			 and the nature of that hearing; and
(C) all other procedures by which the public
			 may participate in the final decision; and
(5) the name and telephone number of a person
			 to contact for additional information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124e - Procedures for permitting; public notice of permit actions and public comment period

Current through Register Vol. 43, No. 28, July
			 11, 2024
Public notices shall be given by the department according to
				the following criteria:
(a) A public
			 notice shall be given if one or more of the following actions have occurred:
(1) A permit application has been tentatively
			 denied under K.A.R. 28-31-124c .
(2) A draft permit has been prepared under
			 K.A.R. 28-31-124c .
(3) A hearing
			 has been scheduled under 40
			 CFR 124.12, as adopted by reference in K.A.R.
			 28-31-124 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-260 - General provisions and definitions; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR part 260, as in effect on July 1, 2006, are
			 hereby adopted by reference subject to the following:
(1) The substitution of terms listed in
			 K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-260a - General provisions and definitions; additional state definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) State definitions. The following
			 definitions shall apply to K.A.R. 28-31-4 through 28-31-279 :
(1) "Conditionally exempt small quantity
			 generator" means a generator who meets both of the following criteria:
(A) Generates less than 25 kilograms (55
			 pounds) of hazardous waste in any single calendar month; and
(B) generates and accumulates acutely
			 hazardous waste and other waste listed in
			 40 CFR
			 261.5(e) in quantities less
			 than the generation limits listed in
			 40 CFR
			 261.5(e).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-260b - General provisions and definitions; adoption of technical documents

Current through Register Vol. 43, No. 28, July 11,
			 2024
In any federal regulation adopted by reference in
				K.A.R.
				28-31-260 through
				28-31-279, each reference to any
				of the following documents shall mean that document as hereby adopted by
				reference:
(a) ASTM. The following
			 documents published by the American society for testing and materials:
(1) ANSI/ASTM D 93-79, "standard test methods
			 for flash point by Pensky-Martens closed tester," published October
			 1979;
(2) D 93-80, "standard test
			 methods for flash point by Pensky-Martens closed tester," published October
			 1980 and updated July 1981;
(3) D
			 1946-82, "standard method for analysis of reformed gas by gas chromatography,"
			 published August 1982;
(4) D
			 2267-88, "standard test method for aromatics in light naphthas and aviation
			 gasolines by gas chromatography," published December 1988;
(5) D 2382-83, "standard test method for heat
			 of combustion of hydrocarbon fuels by bomb calorimeter (high-precision
			 method)," published January 1984;
(6) D 2879-92, "standard test method for
			 vapor pressure-temperature relationship and initial decomposition temperature
			 of liquids by isoteniscope," published December 1992;
(7) ASTM D 3278-78, "standard test methods
			 for flash point of liquids by setaflash closed tester," published March
			 1979;
(8) E 168-88, "standard
			 practices for general techniques of infrared quantitative analysis," published
			 July 1988;
(9) E 169-87, "standard
			 practices for general techniques of ultraviolet-visible quantitative analysis,"
			 published April 1987;
(10) E
			 260-85, "standard practice for packed column gas chromatography," published
			 November 1985; and
(11) in E
			 926-88, "standard test methods of preparing refuse-derived fuel (RDF) samples
			 for analyses of metals," published May 1988, "test method C - bomb, acid
			 digestion method" on pages 3 and 4;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-261 - Identification and listing of hazardous waste; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR part 261, including appendices I, VII, and
			 VIII, as in effect on July 1, 2006, are hereby adopted by reference subject to
			 the following:
(1) The substitution of terms
			 listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-261a - Identification and listing of hazardous waste; additional state requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each conditionally exempt small quantity generator shall comply
				with K.A.R. 28-31-262a
				.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-262 - Generators of hazardous waste; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR part 262, including the appendix, as in
			 effect on July 1, 2006, are hereby adopted by reference subject to the
			 following:
(1) The substitution of terms
			 listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-262a - Generators of hazardous waste; additional state requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Transportation requirements.
(1) Each generator that transports hazardous
			 waste shall comply with K.A.R. 28-31-263a .
(2) Each generator that uses another person
			 to transport hazardous waste shall use only a transporter who has registered
			 with the department in accordance with K.A.R. 28-31-6 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-263 - Transporters of hazardous waste; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR part 263, as in effect on July 1, 2006, are
			 hereby adopted by reference subject to the following:
(1) The substitution of terms listed in
			 K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-263a - Transporters of hazardous waste; additional state requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this regulation to a federal regulation
				shall mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Applicability. Each person that
			 transports hazardous waste within, into, out of, or through Kansas shall comply
			 with this regulation, except Kansas small quantity generators (KSQGs) and
			 conditionally exempt small quantity generators (CESQGs) that meet the following
			 conditions:
(1) The generator is transporting
			 the generator's own hazardous waste to a household hazardous waste (HHW)
			 facility that meets one of the following conditions:
(A) If the generator is a KSQG, the HHW
			 facility is permitted to accept KSQG waste.
(B) If the generator is a CESQG, the HHW
			 facility is permitted to accept CESQG waste.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-264 - Hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Adoption. The provisions of 40 CFR part
			 264, including appendices I, IV, V, VI, and IX, as in effect on July 1, 2006,
			 are hereby adopted by reference subject to the following:
(1) The substitution of terms listed in
			 K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-264a - Hazardous waste treatment, storage, and disposal facilities; additional state requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Financial assurance.
(1) For the purposes of this subsection, the
			 following definitions shall apply:
(A)
			 "Captive insurance company" shall mean an insurance company that is established
			 with the specific objective of financing risks emanating from its parent group
			 or groups and that could or could not also insure risks of the parent groups'
			 customers.
(B) "Financial
			 institution" shall mean a bank, an insurance company, a surety company, or a
			 trust company.
(C) "Purchased
			 financial instrument" shall mean a trust fund, a letter of credit, a surety
			 bond, or an insurance policy.
(D)
			 "Unrelated" shall mean that neither party has any ownership of the other party,
			 or any controlling interest in the other party.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-265 - Interim status hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Adoption. The provisions of 40 CFR part
			 265, including appendices I and III, IV, V, and VI, as in effect on July 1,
			 2006, are hereby adopted by reference subject to the following:
(1) The substitution of terms listed in
			 K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-265a - Interim status hazardous waste treatment, storage, and disposal facilities; additional state requirements

Current through Register Vol. 43,
			 No. 28, July 11, 2024
Each owner or operator of an interim status hazardous waste
				treatment, storage, or disposal facility shall comply with
				K.A.R.
				28-31-264a.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-266 - Specific hazardous wastes and specific types of hazardous waste management facilities; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Adoption. The
			 provisions of 40 CFR part 266, including appendices I through IX and XI through
			 XIII, as in effect on July 1, 2006, are hereby adopted by reference subject to
			 the following:
(1) The substitution of terms
			 listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-267 - Hazardous waste facilities operating under a standardized permit; adoption and modification of federal regulations

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Adoption. The provisions of 40 CFR part
			 267, as in effect on July 1, 2006, are hereby adopted by reference subject to
			 the following:
(1) The substitution of terms
			 listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-267a - Hazardous waste facilities operating under a standardized permit; additional state requirements

Current through Register Vol. 43, No.
			 28, July 11, 2024
Each owner or operator of hazardous waste management facility
				that has been issued a standardized permit shall comply with
				K.A.R.
				28-31-264a.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-268 - Land disposal restrictions; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR part 268, including appendices III, IV, VI
			 through VIII, and XI, as in effect on July 1, 2006, are hereby adopted by
			 reference subject to the following:
(1) The
			 substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-270 - Hazardous waste permits; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Adoption. The
			 provisions of 40 CFR part 270, including appendix I to §270.42, as in
			 effect on July 1, 2006, are hereby adopted by reference subject to the
			 following:
(1) The substitution of terms
			 listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-270a - Hazardous waste permits; petition to be granted an exception to the prohibition against underground burial of hazardous waste

Current through
			 Register Vol. 43, No. 28, July 11, 2024
This regulation shall apply to each person that wants to apply
				for a permit for the underground burial of hazardous waste. For the purposes of
				this regulation, this person shall be called a "potential applicant."
(a) Exception petition. Before applying for a
			 permit according to the requirements of K.A.R. 28-31-124 through 28-31-124e and
			 28-31-270, each potential applicant shall submit to the secretary a petition
			 for an exception to the prohibition against the underground burial of hazardous
			 waste, as specified in
			 K.S.A.
			 65-3458 and amendments thereto.
(b) Contents of the exception petition. Each
			 exception petition shall include the following items:
(1) A complete chemical and physical analysis
			 of the waste;
(2) a list and
			 description of all technologically feasible methods that could be considered to
			 treat, store, or dispose of the waste;
(3) for each method described in paragraph
			 (b)(2), an economic analysis based upon a 30-year time period. The analysis
			 shall determine the costs associated with treating, storing, disposing of, and
			 monitoring the waste during this time period; and
(4) a demonstration that underground burial
			 is the only economically reasonable or technologically feasible methodology for
			 the disposal of that specific hazardous waste.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-273 - Universal waste; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Adoption. The
			 provisions of 40 CFR part 273, as in effect on July 1, 2006, are hereby adopted
			 by reference subject to the following:
(1)
			 The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s ;
			 and
(2) the exclusions from
			 adoption listed in subsection (b).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-279 - Used oil; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Adoption. The
			 provisions of 40 CFR part 279, as in effect on July 1, 2006, are hereby adopted
			 by reference subject to the following:
(1)
			 The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s
			 ;
(2) the exclusions from adoption
			 listed in subsection (b); and
(3)
			 the modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-279a - Used oil; additional state prohibitions and requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Prohibitions.
(1) No person shall dispose of used oil on or
			 into any of the following:
(A)
			 Sewers;
(B) storm drainage
			 systems;
(C) surface
			 water;
(D) groundwater;
			 or
(E) the ground.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-8 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following terms and abbreviations as used in this article
				shall have the following meanings, unless the context requires otherwise.
(a) "Agency" means any law
			 enforcement agency under whose authority evidential breath alcohol tests are
			 performed.
(b) "Agency custodian"
			 means the employee at a certified agency who is responsible for administering
			 the certified agency's EBAT program.
(c) "Alcohol" means any substance containing
			 any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
(d) "Alcohol concentration" means
			 the number of grams of alcohol per 100 milliliters of blood or per 210 liters
			 of breath.
(e) "Certified agency"
			 means a law enforcement agency that meets the requirements of K.A.R. 28-32-9.
(f) "Certified operator" means an
			 individual who meets the requirements of K.A.R. 28-32-10.
(g) "Department" means the Kansas department
			 of health and environment.
(h)
			 "Device custodian" means the certified operator employed by a certified agency
			 who is responsible for oversight of the certified agency's EBAT device.
(i) "Evidential breath alcohol
			 test" and "EBAT" mean a quantitative chemical test for alcohol performed on a
			 sample or samples of breath of an individual suspected of an offense that
			 subjects the individual to the provisions of
			 K.S.A.
			 8-1001 through
			 K.S.A.
			 8-1022 and amendments thereto.
(j) "Evidential breath alcohol test device"
			 and "EBAT device" mean an instrument designed to perform a quantitative
			 chemical test for alcohol on a sample of breath of an individual, which yields
			 test results that are admissible as evidence in a court of law.
(k) "Preliminary breath-screening test
			 device" means an instrument designed to perform a qualitative or quantitative
			 chemical test for alcohol on a sample of breath of an individual to determine
			 the presence or absence of alcohol pursuant to
			 K.S.A.
			 8-1012 and amendments thereto.
(l) "Quality control" means a test of an
			 evidential breath alcohol test device that is administered at the direction of
			 the secretary and that uses a known alcohol standard to evaluate the accuracy
			 of the device.
(m) "Secretary"
			 means the secretary of the Kansas department of health and environment or the
			 secretary's designee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-9 - Agency certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application.
			 Each agency head seeking agency certification shall submit an application for
			 agency certification on forms provided by the department.
(b) Certification requirements. Each agency
			 for which certification is sought shall demonstrate to the secretary that all
			 of the following requirements are met:
(1)
			 The agency head shall specify each certified EBAT device proposed for
			 conducting evidential breath alcohol testing.
(2) The agency head shall provide and
			 maintain a roster of the certified operators who perform evidential breath
			 alcohol testing for the agency.
(3) Each certified operator shall use only
			 EBAT devices certified by the secretary.
(4) Each certified operator shall follow the
			 standard operating procedure provided by the secretary for the EBAT device in
			 use.
(5) For quality control, each
			 device custodian or the device custodian's designee shall test each EBAT device
			 once each calendar week using the alcohol standards furnished by the
			 department. The agency custodian shall report the test results to the
			 department monthly on forms provided by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-10 - Operator certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application.
			 Each individual seeking certification shall submit an application for operator
			 certification through that individual's certified agency on forms provided by
			 the department. Each applicant shall be a duly appointed Kansas law enforcement
			 officer or have the written endorsement of a supervisory law enforcement
			 officer or an agency custodian.
(b) Certification requirements. Each
			 applicant for operator certification shall be required to successfully complete
			 the course of instruction and written examination approved by the secretary.
			 Additional instruction may be required by the secretary to qualify a certified
			 operator to perform evidential breath alcohol tests using additional EBAT
			 devices.
(c) Certificate term.
			 Each applicant that meets the requirements for conducting evidential breath
			 alcohol testing shall be issued a certificate by the secretary. Each operator
			 certificate that is issued in an even-numbered year shall expire at midnight on
			 December 31 of the next even-numbered year. Each operator certificate that is
			 issued in an odd-numbered year shall expire at midnight on December 31 of the
			 next odd-numbered year.
(d)
			 Certificate renewal. Each certified operator seeking to renew the operator
			 certificate shall submit an application for renewal through that individual's
			 certified agency on forms provided by the department. As a condition of an
			 operator's certificate renewal, each certified operator shall biennially
			 complete EBAT continuing education as approved by the secretary. If an
			 application for renewal is submitted and approved before the certificate's
			 expiration date, the certificate shall be considered renewed even if the
			 operator does not have physical possession of the renewal certificate.
(e) Effect of military service or
			 official leave of absence.
(1) Any operator
			 who returns from active military service or an official leave of absence that
			 does not exceed two years may renew an inactive certification by meeting all of
			 the following requirements and submitting the required information to the
			 department on forms provided by the department:
(A) Provide proof of active military duty or
			 official leave of absence;
(B)
			 provide proof of the last operator certification before going on active duty or
			 taking leave of absence;
(C) pass
			 the current department-approved written operator examination; and
(D) provide proof of satisfactory performance
			 of EBAT device operation in the presence of a device custodian.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-11 - EBAT device certification

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Application. Each agency custodian seeking EBAT device certification shall
			 submit an application on forms provided by the department for certification of
			 each EBAT device that the certified agency intends to use in the certified
			 agency's EBAT program.
(b) Initial
			 certification requirements. Each EBAT device shall be certified by the
			 secretary before being used by an agency.
(c) Inspection. Once an EBAT device is
			 certified, an inspection of the EBAT device may be made by the secretary at any
			 time. Any EBAT device may be removed from service at the time of the inspection
			 if deemed necessary.
(d)
			 Maintenance. Each EBAT device shall be maintained by the device custodian or
			 the device custodian's designee as directed by the secretary.
(e) Repair. Each EBAT device removed from
			 service for repair shall be repaired by the manufacturer or the manufacturer's
			 authorized repair service. When the EBAT device is returned to the agency, the
			 EBAT device shall be tested for accuracy by the device custodian or the device
			 custodian's designee. The device custodian or the device custodian's designee
			 shall notify the department of the date on which the instrument is placed back
			 into service.
(f) Modification. No
			 modification shall be made to any EBAT device without the prior written consent
			 of the secretary. For purposes of this regulation, "modification" shall mean
			 any change in the operating software of or any physical change to a certified
			 EBAT device that alters the accuracy or precision of the EBAT device.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-12 - Certified operator instruction and continuing education requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Agency
			 personnel may be trained to administer evidential breath alcohol tests by any
			 of the following entities:
(1) The
			 department;
(2) a certified
			 agency;
(3) a college or
			 university; or
(4) a law
			 enforcement training center.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-13 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each agency custodian or the agency
			 custodian's designee shall maintain the following records on file at the
			 certified agency's office for at least three years:
(A) Records of each current certified
			 operator;
(B) records showing that
			 a quality control check was completed at least once each week for each EBAT
			 device assigned to the agency; and
(C) records documenting any maintenance or
			 repair made to each EBAT device.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES › Section 28-32-14 - Preliminary breath-screening test devices

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 preliminary breath-screening test conducted shall be performed on a preliminary
			 breathscreening test device approved by the secretary. The devices approved for
			 use as preliminary breath-screening test devices in Kansas shall consist of the
			 following devices and any other device approved by the secretary as specified
			 in subsection (b):
Manufacturer Model
Alcohol Countermeasure Systems Corp. Alert J5
CMI, Inc. Intoxilyzer 300
CMI, Inc. Intoxilyzer 400
CMI, Inc. Intoxilyzer S-D2
CMI, Inc. Intoxilyzer S-D5
Draeger Safety, Inc. Alcotest 6510
Draeger Safety, Inc. Alcotest 6810
Draeger Safety, Inc. Breathalyzer 7410
Guth Laboratories, Inc. WAT89EC-1
Guth Laboratories, Inc. Alcotector BAC-100
Intoximeters, Inc. Alco-Sensor
Intoximeters, Inc. Alco-Sensor Pass-Warn-Fail
Intoximeters, Inc. Alco-Sensor III
Intoximeters, Inc. Alco-Sensor Digital
Intoximeters, Inc. Alco-Sensor IV Digital
Intoximeters, Inc. Alco-Sensor IV Pass-Warn-Fail
Intoximeters, Inc. Alco-Sensor FST
Lifeloc Technologies, Inc. FC10
Lifeloc Technologies, Inc. FC10Plus
Lifeloc Technologies, Inc. FC20
Lifeloc Technologies, Inc. PBA 3000
Sound-Off, Inc. Alco Data
(b) Each agency custodian seeking to use a
			 preliminary breath-screening test device that is not specified in subsection
			 (a) shall submit the device to the secretary for examination and evaluation to
			 determine if the device meets the criteria for approval. In order for a
			 preliminary breath-screening test device to be approved, whether the device
			 meets the following requirements shall be determined by the secretary:
(1) Each preliminary breath-screening test
			 device shall meet the manufacturer's performance criteria when operated
			 according to the procedures specified in the manufacturer's instruction manual
			 for the device in use.
(2) Each
			 reusable preliminary breath-screening test device shall have a disposable
			 mouthpiece.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 33 - LABORATORIES PERFORMING OTHER TESTS › Section 28-33-12 - General provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definitions.
(1) "Department" means the department of
			 health and environment.
(2)
			 "Division" means the division of Kansas health and environmental laboratory.
(3) "Laboratory director" means
			 the person responsible for the professional, administrative, organizational,
			 and educational duties of a laboratory.
(4) "Laboratory supervisor" means the
			 individual responsible for providing day-to-day supervision of testing
			 personnel, including the proper performance of all laboratory procedures and
			 reporting of test results.
(5)
			 "Testing personnel" means individuals responsible for specimen processing, test
			 performance, and reporting test results.
(6) "Test for controlled substance" means a
			 procedure to evaluate a specimen for compounds identified in schedule I or II
			 of the Kansas controlled substance act, K.S.A. 1996 Supp.
			 65-4105 and
			 65-4107.
(7) "Threshold" means a defined drug or
			 metabolite concentration that is established at a level resulting in the
			 following:
(A) a concentration at or above
			 this level defines a positive result; and
(B) a concentration below this level defines
			 a negative result.
(8)
			 "Screening test" means a test designed to eliminate true negative specimens
			 from further consideration. Threshold limits used for screening tests shall
			 conform to the mandatory guidelines for federal workplace drug testing programs
			 established by the substance abuse and mental health services administration of
			 the department of health and human services in the federal register, volume 59,
			 number 110, page 29921, published June 9, 1994.
(9) "Confirmatory test" means a mass
			 spectrometry analytical procedure used to specifically identify the presence of
			 a drug or drug metabolite. Threshold limits used for confirmatory testing shall
			 conform to the mandatory guidelines for federal workplace drug testing programs
			 established by the substance abuse and mental health services administration of
			 the department of health and human services in the federal register, volume 59,
			 number 110, pages 29921-29922, published June 9, 1994.
(10) "Unsatisfactory performance" means a
			 score for any analyte of less than 80% as determined by the proficiency testing
			 provider.
(11) "Unsuccessful
			 participation" means unsatisfactory performance for the same analyte in two
			 consecutive or two out of three consecutive proficiency testing events.
(12) "CLIA" means the clinical
			 laboratory improvement amendments of 1988, Public Law 100-578, as implemented
			 by 42 CFR part 493, issued February 28, 1992, as amended and in effect on April
			 24, 1995.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-1a - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Authenticate"
			 means to verify authorship by written signature, identifiable initials, or
			 computer key. The use of rubber stamp signatures shall be acceptable if the
			 following conditions are met.
(1) The
			 practitioner whose signature the rubber stamp represents is the only individual
			 who has possession of the stamp and who uses the stamp.
(2) The hospital maintains, in its
			 administrative offices, a signed statement by the practitioner indicating that
			 the practitioner is the only person who possesses and uses the stamp.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-3a - General requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Patient limits.
			 The number of patients admitted to any area of the hospital shall not exceed
			 the number for which the area is designed, equipped, and staffed, except in
			 cases of an emergency. In an emergency, patients shall be admitted in
			 accordance with the emergency or disaster plan of the hospital.
(b) Emergency electrical service. Each
			 hospital shall have an emergency source of power to provide electricity during
			 an interruption of the normal electrical supply. The source of this emergency
			 electrical service shall be:
(1) An emergency
			 generating set when the normal service is supplied by one or more central
			 station transmission lines; or
(2)
			 An emergency generating set or a central station transmission line when the
			 normal electrical supply is generated on the premises.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-3b - Patient rights

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Policies and
			 procedures. The governing body shall ensure that the facility establishes
			 policies and procedures which support the rights of all inpatients and
			 outpatients. At a minimum, each facility shall ensure that:
(1) Each patient has the right to respectful
			 care given by competent personnel;
(2) each patient has the right, upon request,
			 to be given the name of his attending physician, the names of all other
			 practitioners directly participating in his care and the names and functions of
			 other health care persons having direct contact with the patient;
(3) each patient has the right to make health
			 care decisions. Each patient has the right to the information necessary to make
			 treatment decisions reflecting the patient's wishes and to request a change in
			 his physician or transfer to another health facility due to religious or other
			 reasons;
(4) each patient has the
			 right to accept medical care, to refuse treatment to the extent permitted by
			 state law and to be informed of the medical consequences of refusing treatment;
(5) each patient has the right to
			 formulate advance directives and appoint a surrogate to make health care
			 decisions on the patient's behalf to the extent permitted by law;
(6) each patient has the right to assistance
			 in obtaining consultation with another physician or practitioner at the
			 patient's request and own expense;
(7) each patient has the right to hospital
			 services without discrimination based upon his race, color, religion, sex,
			 national origin or source of payment;
(8) each patient or patient's legally
			 designated representative has access to the information contained in the
			 patient's medical records within the limits of state law;
(9) each patient has the right to examine and
			 receive a detailed explanation of the patient's bill; and
(10) each patient is informed of the
			 facility's policies regarding patient rights during the admission process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-4a - Visitors

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each hospital
			 shall establish visitation policies which are in the interest of the patients.
			 Children under 12 years of age shall not be admitted as visitors to the
			 hospital except in the company of a responsible adult. Children under six years
			 of age shall be admitted as visitors only when the hospital has a special
			 family visiting program or when authorized in writing by the attending
			 physician, or the chief executive officer of the hospital, or the professional
			 nurse charged with the responsibility for the care of the patient.
(b) Each hospital shall post visiting
			 regulations in a location where they can be easily viewed by the public.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-5a - Governing authority

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Governing body.
			 Each hospital shall have an organized governing body. The governing body shall
			 be the ultimate authority in the hospital responsible for its organization and
			 administration in a manner which is consistent with appropriate standards of
			 patient care, environmental safety and institutional management.
(b) Bylaws. The governing body shall adopt
			 its own set of bylaws. At a minimum, the bylaws shall contain the following
			 provisions:
(1) A statement of the mission of
			 the hospital;
(2) a description of
			 the powers and duties of the governing body, officers and committees and of the
			 responsibilities of the chief executive officer;
(3) a statement of the qualifications for
			 governing body membership, the procedures for selecting members and the term
			 for members, officers and committee chairpersons;
(4) a description of the authority delegated
			 to the medical staff;
(5) a
			 requirement that the governing body review and approve the bylaws of the
			 medical staff organization;
(6) a
			 requirement that the governing body approve or deny all applications for
			 medical staff membership and for the granting of clinical and admitting
			 privileges; and
(7) a description
			 of the mechanism by which the governing body bylaws are adopted, reviewed and
			 revised.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-6a - Medical staff

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provision. Each hospital shall maintain an organized medical staff. Admission
			 to the staff and clinical privileges associated with membership shall be
			 granted by the governing authority through a mechanism that evaluates each
			 member's qualifications to engage in that member's area of clinical practice.
			 Admitting privileges may be granted to any practitioner as defined in K.A.R.
			 28-34-1a(w).
(b) Membership. The
			 medical staff shall be limited to practitioners who have made application in
			 accordance with the bylaws of the medical staff and the governing body. The
			 medical staff shall adopt bylaws that define the requirements for admission to
			 staff membership and for the delineation and retention of clinical and
			 admitting privileges. Each member shall be granted privileges that are
			 commensurate with the member's qualifications, experience, and present
			 capabilities and that are within the member's scope of practice. Although
			 certification, fellowship, membership on a specialty board or society, or the
			 completion of a general practice residency may be considered in determining an
			 individual's qualifications for medical staff membership, membership decisions
			 shall not be made solely upon any one of these factors.
(c) Medical staff status.
(1) Each hospital shall have an active
			 medical staff to deliver the preponderance of medical services within the
			 hospital. The active medical staff shall have primary responsibility for the
			 organization and administration of the medical staff. Each member of the active
			 medical staff shall be eligible to vote at staff meetings, hold office, and
			 serve on staff committees.
(2) In
			 addition to the active medical staff, the hospital may provide for additional
			 kinds of medical staff privileges. These additional staff categories shall in
			 no way modify the privileges, duties, and responsibilities of the active
			 medical staff. These additional staff categories may be eligible to vote at
			 staff meetings, hold office, and serve on staff committees.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-7 - Nursing personnel

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) There shall be
			 an organized nursing department, including a departmental plan of
			 administrative authority with written delineation of responsibilities and
			 duties of each category of nursing personnel.
(b) All registered nurses employed by the
			 hospital to practice professional nursing shall be licensed in Kansas.
(c) All practical nurses employed
			 by the hospital shall be licensed in Kansas.
(d) There shall be a director of nursing
			 service.
(e) All licensed
			 practical nurses and other ancillary personnel performing patient care services
			 shall be under the supervision of a registered nurse.
(f) There shall be at least one registered
			 nurse on duty in the hospital at all times.
(g) Nursing care policies and procedures
			 shall be in writing and consistent with generally accepted practice and shall
			 be reviewed and revised as necessary.
(h) Private duty nurses shall be licensed in
			 Kansas and shall be subject to the policies, rules, and regulations of the
			 hospital in which they are employed.
(i) Minutes shall be kept of nursing staff
			 meetings.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 34 - HOSPITALS › Section 28-34-8a - Administrative services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provisions. There shall be an adequate administrative staff to provide
			 effective management of the hospital.
(b) The chief executive officer. The
			 governing body shall appoint a chief executive officer. The qualifications,
			 responsibilities, duties and authority of the chief executive officer shall be
			 described in a written statement adopted by the governing body. The chief
			 executive officer shall implement the policies established by the governing
			 body for the operation of the hospital and shall act as a liaison between the
			 governing body, the medical staff and the departments of the hospital.
(c) Personnel policies and
			 procedures. The governing body, through the chief executive officer, shall
			 establish and maintain written personnel policies and procedures which
			 adequately support sound patient care. These policies and procedures shall be
			 made available to all employees and shall be reviewed at least every two years.
			 A procedure shall be established for advising employees of policy and procedure
			 changes.
(d) Personnel records.
			 Accurate and complete personnel records shall be maintained for each employee.
			 Personnel records shall contain at least the following information for each
			 employee:
(1) Information regarding the
			 employee's education, training and experience that is sufficient to verify the
			 employee's qualifications for the employee's job. The information shall
			 indicate the employee's professional licensure status;
(2) current information regarding periodic
			 work performance evaluations; and
(3) records of the initial health examination
			 and of subsequent health services and periodic health evaluations.