reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1200 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of
				K.A.R.
				28-4-1200 through
				K.A.R.
				28-4-1218, the following definitions shall
				apply:
(a) "Administrator" means a
			 person employed by a PRTF who is responsible for the overall administration of
			 the PRTF.
(b) "Applicant" means a
			 person who has applied for a license but who has not yet been granted a license
			 to operate a PRTF. This term shall include an applicant who has been granted a
			 temporary permit to operate a PRTF.
(c) "Basement" means each area in a building
			 with a floor level more than 30 inches below ground level on all
			 sides.
(d) "Department" means the
			 Kansas department of health and environment.
(e) "Direct care staff" means the staff
			 members employed by the PRTF to supervise the residents.
(f) "Exception" means a waiver of compliance
			 with a specific PRTF regulation or any portion of a specific PRTF regulation
			 that is granted by the secretary to an applicant or a licensee.
(g) "Individual plan of care" means a
			 written, goal-oriented treatment plan and therapeutic activities designed to
			 move the resident to a level of functioning consistent with living in a
			 community setting.
(h) "Licensee"
			 means a person who has been granted a license to operate a PRTF.
(i) "Program" means the comprehensive and
			 coordinated activities and services providing for the care and treatment of
			 residents.
(j) "Program director"
			 means the staff person responsible for the oversight and implementation of the
			 program.
(k) "Psychiatric
			 residential treatment facility" and "PRTF" mean a residential facility for
			 which the applicant or licensee meets the requirements of K.A.R.
			 28-4-1201.
(l) "Resident" means an
			 individual who is at least six years of age but not yet 22 years of age and who
			 is accepted for care and treatment in a PRTF.
(m) "Resident record" means any electronic or
			 written document concerning a resident admitted to a PRTF that is created or
			 obtained by an employee of the PRTF.
(n) "Restraint" means the application of
			 physical force or any mechanical devices or the administration of any drugs for
			 the purpose of restricting the free movement of a resident's body.
(o) "Seclusion" means the involuntary
			 confinement of a resident in a separate or locked room or an area from which
			 the resident is physically prevented from leaving.
(p) "Secretary" means the secretary of the
			 Kansas department of health and environment.
(q) "Treatment" means comprehensive,
			 individualized, goal-directed, therapeutic services provided to residents.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1201 - License requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 applicant and each licensee shall meet all of the following requirements in
			 order to obtain and maintain a license to operate a PRTF:
(1) The state and federal participation
			 requirements for medicaid reimbursement;
(2) receipt of accreditation of the PRTF by
			 one of the following accrediting organizations:
(A) Council on accreditation of
			 rehabilitation facilities (CARF);
(B) council on accreditation of child and
			 family agencies (COA);
(C) the
			 joint commission or the joint commission on accreditation of healthcare
			 organizations (JCAHO); or
(D) an
			 accrediting body approved by the Kansas health policy authority (KHPA), the
			 Kansas department of social and rehabilitation services (SRS), and the Kansas
			 juvenile justice authority (JJA); and
(3) receipt of approval of the PRTF by the
			 Kansas department of social and rehabilitation services as meeting the state
			 requirements.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1202 - Application procedures

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 person, in order to obtain a license, shall submit a complete application on
			 forms provided by the department. The application shall be submitted at least
			 90 calendar days before the planned opening date of the PRTF and shall include
			 the following:
(1) A description of the
			 program and services to be offered, including the following:
(A) A statement of the PRTF's purpose and
			 goals; and
(B) the number, ages,
			 and gender of residents for whom the PRTF is designed;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1203 - Capacity; posting requirements; validity of temporary permit or license; new application required; advertising; closure

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Capacity. The maximum number, the age
			 range, and the gender of residents authorized by the temporary permit or
			 license shall not be exceeded.
(b)
			 Posting requirements. The current temporary permit or the current license shall
			 be posted conspicuously within the PRTF.
(c) Validity of temporary permit or license.
			 Each temporary permit or license shall be valid only for the applicant or
			 licensee and for the address specified on the temporary permit or the license.
			 When an initial or amended license becomes effective, all temporary permits or
			 licenses previously granted to the applicant or licensee at the same address
			 shall become void.
(d) New
			 application required. A new application and the fee specified in K.A.R. 28-4-92
			 shall be submitted for each change of ownership or location at least 90
			 calendar days before the planned change.
(e) Advertising. The advertising for each
			 PRTF shall conform to the statement of services as given on the application. A
			 claim for specialized services shall not be made unless the PRTF is staffed and
			 equipped to offer those services.
(f) Closure. Any applicant may withdraw the
			 application for a license. Any licensee may submit, at any time, a request to
			 close the PRTF operated by the licensee. If an application is withdrawn or a
			 PRTF is closed, the current temporary permit or license granted to the
			 applicant or licensee for that PRTF shall become void.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1204 - Licensure; renewal; notifications; exceptions; amendments

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No person shall
			 operate a PRTF unless issued a temporary permit or a license by the
			 secretary.
(b) No earlier than 90
			 days before the renewal date but no later than the renewal date, each licensee
			 who wishes to renew the license shall complete and submit an application for
			 renewal on forms provided by the department, including the requests for
			 background checks specified in K.A.R. 28-4-1205, and shall submit the fee
			 specified in K.A.R. 28-4-92.
(c)
			 Failure to submit the renewal application and fee as required by subsection (b)
			 shall result in an assessment of a late renewal fee pursuant to
			 K.S.A.
			 65-505, and amendments thereto, and may
			 result in closure of the PRTF.
(d)
			 Each licensee shall notify the department within 24 hours of any change in
			 approval or accreditation required in K.A.R. 28-4-1201.
(e) Any applicant or licensee may request an
			 exception from the secretary.
(1) Any request
			 for an exception may be granted if the secretary determines that the exception
			 is in the best interest of one or more residents or the family of a resident
			 and the exception does not violate statutory requirements.
(2) Written notice from the secretary stating
			 the nature of each exception and its duration shall be kept on file at the PRTF
			 and shall be readily accessible to the department, SRS, and JJA.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1205 - Background checks

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) With each
			 initial application or renewal application, each applicant or licensee shall
			 submit a request to conduct a background check by the Kansas bureau of
			 investigation and a background check by the Kansas department of social and
			 rehabilitation services in order to comply with the provisions of
			 K.S.A.
			 65-516, and amendments thereto. Each request
			 shall be submitted on a form provided by the department. The request shall list
			 the required information for each individual 10 years of age and older who will
			 be residing, working, or regularly volunteering in the PRTF.
(b) Each licensee shall submit a request to
			 the department to conduct a background check by the Kansas bureau of
			 investigation and a background check by the Kansas department of social and
			 rehabilitation services before each new individual begins residing, working, or
			 regularly volunteering in the PRTF.
(c) A copy of each request for a background
			 check shall be kept on file at the PRTF.
(d) Residents admitted into a PRTF for care
			 and treatment shall not be considered to be residing in the PRTF for the
			 purposes of background checks.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1206 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each PRTF shall
			 be governed by one of the following entities:
(1) A public agency, which shall employ an
			 administrator for the PRTF; or
(2)
			 a private entity with a governing board that is legally responsible for the
			 operation, policies, finances, and general management of the PRTF. The private
			 entity shall employ an administrator for the PRTF. The administrator shall not
			 be a voting member of the governing board.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1207 - Staff requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 individual working or volunteering in a PRTF shall be qualified by temperament,
			 emotional maturity, judgment, and understanding of residents necessary to
			 maintain the health, comfort, safety, and welfare of individuals placed in
			 psychiatric residential treatment facilities.
(b) Each food service staff member shall
			 demonstrate compliance with all of the following requirements through ongoing
			 job performance:
(1) Knowledge of the
			 nutritional needs of residents;
(2)
			 understanding of quantity food preparation and service;
(3) sanitary food handling and storage
			 methods;
(4) willingness to
			 consider individual, cultural, and religious food preferences of the residents;
			 and
(5) willingness to work with
			 the program director in planning learning experiences for residents about
			 nutrition.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1208 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee shall develop and implement written policies and
				procedures that address PRTF recordkeeping requirements, including resident
				records, personnel records, and general records.
(a) Resident records. Each licensee shall
			 maintain an individual record for each resident, which shall include the
			 following information:
(1) A health record
			 that meets the requirements in K.A.R. 28-4-1211;
(2) a copy of each written report of any
			 incidents involving the resident and specified in K.A.R. 28-4-1209 and K.A.R.
			 28-4-1214;
(3) documentation of
			 each use of seclusion for the resident; and
(4) a financial record of the resident's
			 personal money as specified in K.A.R. 28-4-1206.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1210 - Admission requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) No
			 individual less than six years of age shall be admitted to a PRTF. No
			 individual 21 years of age or older shall be admitted to a PRTF as a new
			 resident, but any current resident may continue to receive treatment until that
			 resident reaches 22 years of age.
(b) Each individual who shows evidence of
			 being physically ill, injured, or under the influence of alcohol or drugs shall
			 be assessed in accordance with the PRTF's policies and procedures to determine
			 the appropriateness of admission and any need for immediate medical care.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1211 - Health care

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Policies
			 for resident health care. Each licensee, in consultation with a physician,
			 shall develop written policies that include provisions for the following:
(1) A health checklist and review for each
			 resident upon admission, including the following:
(A) Current physical, including oral, health
			 status;
(B) any allergies,
			 including medication, food, and plant;
(C) any current pain, including cause, onset,
			 duration, and location;
(D)
			 preexisting medical conditions;
(E)
			 current mood and affect;
(F) any
			 current suicidal thoughts and history of suicide attempts;
(G) any infectious or contagious
			 diseases;
(H) documentation of
			 current immunizations or documentation of an exemption for medical or religious
			 reasons as specified in K.A.R. 28-1-20;
(I) any drug or alcohol use;
(J) any current medications;
(K) any physical disabilities;
(L) menstrual history, if
			 applicable;
(M) any sexually
			 transmitted disease; and
(N) any
			 history of pregnancy;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1212 - Health and safety requirements for the use of seclusion rooms

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall ensure that the following requirements are met for each room used for
			 seclusion:
(1) The locking system shall be
			 approved by the state fire marshal.
(2) No room used for seclusion shall be in a
			 basement.
(3) Each door shall be
			 equipped with a window mounted in a manner that allows inspection of the entire
			 room.
(4) Each window in a room
			 used for seclusion shall be impact resistant and shatterproof.
(5) The walls shall be completely free of
			 objects.
(6) A mattress shall be
			 available, if needed. If a mattress is used, the mattress shall be clean and in
			 good repair.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1213 - Library; recreation; work

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Library.
(1) Each licensee shall have written
			 policies and procedures that govern the PRTF's library program, including
			 acquisition of materials, hours of availability, and staffing.
(2) Library services shall be available to
			 all residents.
(A) Reading and other library
			 materials may be provided for use during non-library hours.
(B) The reading and library materials shall
			 be age-appropriate and suitable for various levels of reading competency and
			 shall reflect a variety of interests.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1214 - Emergency plan; drills; facility security and control of residents; storage and use of hazardous substances and unsafe items

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Emergency plan. Each licensee shall
			 develop an emergency plan to provide for the safety of all residents in
			 emergencies, including fires, tornadoes, storms, floods, and serious injuries.
			 The licensee shall review the plan at least annually and update it as needed.
(1) The emergency plan shall contain
			 provisions for the care of residents in emergencies.
(2) Each licensee that permits the use of
			 seclusion shall have a policy and procedure to evacuate each resident in
			 seclusion if an emergency occurs.
(3) All of the staff members in the PRTF
			 shall be informed of the emergency plan, which shall be posted in a prominent
			 location.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1215 - Environmental standards

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 General building requirements.
(1) Each
			 licensee shall ensure that public water and sewage systems, where available,
			 are used. If public water and sewage systems are not available, each licensee
			 shall maintain approval by the appropriate health authorities for any private
			 water and sewage systems that are used.
(2) A licensed architect shall be responsible
			 for the plans for any newly constructed building or for any major addition or
			 major alteration to an existing building.
(A)
			 For a new building, preliminary plans and outline specifications, including
			 plot plans, shall be submitted to the department for review before commencing
			 the final working drawings and specifications. Each licensee shall submit the
			 final working drawings, construction specifications, and plot plans to the
			 department for review and written approval before the letting of
			 contracts.
(B) For an addition or
			 alteration to an existing building, each licensee shall submit a written
			 statement defining the proposed use of the construction and detailing the plans
			 and specifications to the department for review and written approval before
			 commencing construction.
(3) If construction is not commenced within
			 one year of submitting a proposal for a new building or an addition or
			 alteration to an existing building, each licensee shall resubmit the plans and
			 proposal to the department before proposed construction begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1216 - Food services

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each licensee shall ensure that food preparation, service,
				safety, and nutrition meet the requirements of this regulation. For purposes of
				this regulation, "food" shall include beverages.
(a) Sanitary practices. Each individual
			 engaged in food preparation and food service shall use sanitary methods of food
			 handling, food service, and storage.
(1) Only
			 authorized individuals shall be in the food preparation area.
(2) Each individual who has any symptoms of
			 an illness, including fever, vomiting, or diarrhea, shall be excluded from the
			 food preparation area and shall remain excluded from the food preparation area
			 until the time at which the individual has been asymptomatic for at least 24
			 hours or provides the PRTF with written documentation from a health care
			 provider stating that the symptoms are from a noninfectious
			 condition.
(3) Each individual who
			 has contracted an infectious or contagious disease specified in K.A.R. 28-1-6
			 shall be excluded from the food preparation area and shall remain excluded from
			 the food preparation area for the time period required for that
			 disease.
(4) Each individual with
			 an open cut or abrasion on the hand or forearm or with a skin sore shall cover
			 the sore, cut, or abrasion with a bandage before handling or serving
			 food.
(5) The hair of each
			 individual shall be restrained when the individual is handling food.
(6) Each individual handling or serving food
			 shall comply with each of the following requirements for handwashing:
(A) Each individual shall wash that
			 individual's hands and exposed portions of the individual's arms before working
			 with food, after using the toilet, and as often as necessary to keep the
			 individual's hands clean and to minimize the risk of contamination.
(B) Each individual shall use an individual
			 towel, disposable paper towels, or an air dryer to dry that individual's
			 hands.
(7) Each
			 individual preparing or handling food shall minimize bare hand and bare arm
			 contact with exposed food that is not in a ready-to-eat form.
(8) Except when washing fruits and
			 vegetables, no individual handling or serving food may contact exposed,
			 ready-to-eat food with the individual's bare hands.
(9) Each individual shall use single-use
			 gloves, food-grade tissue paper, dispensing equipment, or utensils, including
			 spatulas or tongs, when handling or serving exposed ready-to-eat
			 food.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1217 - Laundry

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If laundry is
			 done at the PRTF, the laundry sinks, appliances, and countertops or tables used
			 for laundry shall be located in an area separate from food preparation areas
			 and shall be installed and used in a manner that safeguards the health and
			 safety of the residents. Adequate space shall be allocated for the laundry room
			 and the storage of laundry supplies, including locked storage for all chemical
			 agents used in the laundry area.
(b) Adequate space shall be allocated for the
			 storage of clean and dirty linen and clothing. Soiled linen shall be stored
			 separately from clean linen.
(c)
			 Blankets shall be laundered at least once each month or, if soiled, more
			 frequently. Blankets shall be laundered or sanitized before reissue.
(d) Each mattress shall be water-repellent
			 and washed down and sprayed with disinfectant before reissue. Mattress
			 materials and treatments shall meet the applicable requirements of the state
			 fire marshal's regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1218 - Transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee shall establish and implement written policies
				and procedures for transporting residents.
(a) The transportation policies and
			 procedures shall include all of the following information:
(1) A list of the individuals authorized to
			 transport residents for the PRTF;
(2) a description of precautions to prevent
			 the escape of any resident during transfer;
(3) documentation of a current and
			 appropriate license for each PRTF driver for the type of vehicle in use;
			 and
(4) procedures to be followed
			 in case of accident, injury, or other incident as specified in K.A.R.
			 28-4-1214, including notification procedures.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1251 - Applicant, permittee, and licensee requirements

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant shall submit a complete
			 application on forms provided by the department. The application shall be
			 submitted at least 90 calendar days before the planned opening date of the
			 facility and shall include the following:
(1)
			 A description of the program and services to be offered, including the
			 following:
(A) A statement of the facility's
			 purpose and goals; and
(B) the
			 number, ages, and gender of prospective residents;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1252 - Terms of a temporary permit or license

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Temporary permit or license required. No
			 person shall operate a facility unless the person has been issued a temporary
			 permit or a license by the secretary.
(b) Requirements. Each permittee and each
			 licensee shall ensure that the following requirements are met:
(1) Each temporary permit or license shall be
			 valid only for the permittee or licensee and for the address specified on the
			 temporary permit or the license. When an initial or amended license becomes
			 effective, all temporary permits or licenses previously granted to the
			 permittee or licensee at the same address shall become void.
(2) The maximum number, the age range, and
			 the gender of residents authorized by the temporary permit or the license shall
			 not be exceeded.
(3) The current
			 temporary permit or the current license shall be posted conspicuously within
			 the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1253 - Background checks

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) With each
			 initial application or renewal application, each applicant or licensee shall
			 submit a request to conduct a background check by the Kansas bureau of
			 investigation and a background check by the Kansas department for children and
			 families in order to comply with
			 K.S.A.
			 65-516, and amendments thereto. Each request
			 shall be submitted on a form provided by the department. Each request shall
			 list the required information for each individual 10 years of age and older who
			 will be residing, working, or volunteering in the facility.
(b) Each applicant, each permittee, and each
			 licensee shall submit a request to the department to conduct a background check
			 by the Kansas bureau of investigation and a background check by the Kansas
			 department for children and families before each individual begins residing,
			 working, or volunteering in the facility.
(c) A background check shall not be required
			 for any resident admitted to a facility.
(d) A copy of each request for a background
			 check shall be kept on file at the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1254 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 and each licensee shall be responsible for the operation of the facility,
			 including the following:
(1) Developing an
			 organizational chart designating the lines of authority and ensuring that all
			 staff members know which staff member is in charge at any time;
(2) developing and implementing
			 administrative policies and procedures for the operation of the facility, which
			 shall include sufficient staff members to supervise and provide services to
			 residents;
(3) employing an
			 administrator; and
(4) employing a
			 clinical director.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1255 - Staff member requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Staff
			 members and volunteers. Each individual working or volunteering in a facility
			 shall be qualified by temperament, emotional maturity, judgment, and
			 understanding of residents necessary to maintain the health, comfort, safety,
			 and welfare of residents.
(b)
			 Multiple duties. Each staff member performing duties of more than one position
			 shall meet the minimum qualifications for each position held.
(c) Administrator.
(1) Each administrator shall have a
			 bachelor's degree in social work, human development, psychology, education,
			 nursing, counseling, or family studies or in a related field. The degree shall
			 be from an accredited college or university with accreditation standards
			 equivalent to those met by Kansas colleges and universities.
(2) Each administrator shall demonstrate
			 knowledge of the principles and practices of administration and
			 management.
(3) Each administrator
			 shall have at least three years of supervisory experience within a child care
			 facility providing treatment to children or youth.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1256 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Recordkeeping
			 system. Each applicant, each permittee, and each licensee shall ensure that
			 there is an organized recordkeeping system for the facility, which shall
			 include the following:
(1) Provisions shall
			 be made for the identification, security, confidentiality, control, retrieval,
			 preservation, and retirement of all resident, staff member, volunteer, and
			 facility records.
(2) All records
			 shall be available at the facility for review by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1257 - Notification and reporting requirements

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each permittee and each licensee shall
			 ensure that notification of each of the following is submitted verbally or in
			 writing upon discovery of the incident or event, but no later than 24 hours
			 after the discovery:
(1) Each instance of
			 suspected abuse or neglect of a resident shall be reported to the Kansas
			 department for children and families and to law enforcement.
(2) Each incident resulting in the death of
			 any resident shall be reported to the following:
(A) Law enforcement;
(B) the resident's parent or legal
			 guardian;
(C) the resident's
			 placing agent;
(D) the Kansas
			 department for children and families; and
(E) the department.
(3) Each incident resulting in the death of a
			 staff member or a volunteer while on duty at the facility shall be reported to
			 the department and to any other entities in accord with the facility's
			 policies.
(4) Each incident
			 resulting in a serious injury to any resident, including burns, lacerations,
			 bone fractures, substantial hematomas, and injuries to internal organs, shall
			 be reported to the following:
(A) The parent
			 or legal guardian of any resident involved in the incident;
(B) the placing agent of any resident
			 involved in the incident;
(C) the
			 Kansas department for children and families; and
(D) the department.
(5) Each incident of suspected sexual assault
			 involving a resident as a victim or as a perpetrator shall be reported to the
			 following:
(A) Law enforcement;
(B) the Kansas department for children and
			 families;
(C) the resident's parent
			 or legal guardian;
(D) the
			 resident's placing agent; and
(E)
			 the department.
(6) Each
			 suicide attempt by a resident shall be reported to the following:
(A) The resident's parent or legal
			 guardian;
(B) the resident's
			 placing agent;
(C) the Kansas
			 department for children and families; and
(D) the department.
(7) Each natural disaster shall be reported
			 to the department.
(8) Each
			 instance of work stoppage shall be reported to the department.
(9) Each incident that involves a riot or the
			 taking of hostages shall be reported to the department.
(10) Each fire shall be reported to the
			 department and to the state fire marshal.
(11) Each incident that involves any
			 suspected illegal act committed by a resident while in the facility or by a
			 staff member or a volunteer while on duty at the facility shall be reported to
			 law enforcement and the department in accord with the facility's
			 policies.
(12) If any resident,
			 staff member, or volunteer contracts a reportable infectious or contagious
			 disease specified in K.A.R. 28-1-2, the permittee or licensee shall ensure that
			 a report is submitted to the local county health department within 24 hours,
			 excluding weekends and holidays.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1258 - Admission and release of residents

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Policies and procedures. Each permittee
			 and each licensee shall implement policies and procedures for the admission and
			 release of residents. These policies and procedures shall ensure that each
			 individual is admitted unless at least one of the following conditions is met:
(1) The individual's placement is not
			 authorized by the revised Kansas code for the care of children, K.S.A. 2013
			 Supp. 38-2201 et seq., or K.S.A. 2013
			 Supp. 65-535, and amendments
			 thereto.
(2) The individual needs
			 immediate medical care.
(3)
			 Admission of the individual would cause the permittee or licensee to exceed the
			 terms of the temporary permit or license.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1259 - Health care

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Policies
			 and procedures for resident health care. Each permittee and each licensee, in
			 consultation with a physician, shall implement written policies and procedures
			 that include provisions for the following:
(1) Completion of a health checklist and
			 review for each resident upon admission, including the following:
(A) Current physical health status, including
			 oral health;
(B) all allergies,
			 including medication, food, and plant;
(C) all current pain, including cause, onset,
			 duration, and location;
(D)
			 preexisting medical conditions;
(E)
			 current mood and affect;
(F)
			 history and indicators of self-harming behaviors or suicidal
			 tendencies;
(G) all infectious or
			 contagious diseases;
(H)
			 documentation of current immunizations specified in K.A.R. 28-1-20 or
			 documentation of an exemption for medical or religious reasons pursuant to
			 K.S.A.
			 65-508, and amendments thereto;
(I) all drug or alcohol use;
(J) all current medications;
(K) all physical disabilities;
(L) all sexually transmitted diseases;
			 and
(M) if a female resident,
			 menstrual history and any history of pregnancy;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1260 - Case management

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each permittee and each licensee shall ensure that case
				management services are provided for each resident.
(a) Each permittee and each licensee shall
			 ensure that a case manager is assigned to provide or coordinate the case
			 management services for each resident.
(b) Each permittee and each licensee shall
			 ensure that a plan of care is developed and implemented for each resident with
			 input, as appropriate, of the resident, the placing agent, the resident's
			 parent or legal guardian, and staff members. The plan shall list goals for the
			 resident while at the facility and upon release and shall identify the services
			 needed by the resident to meet the goals.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1261 - Program

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Policies and
			 procedures. Each permittee and each licensee shall implement policies and
			 procedures for the program.
(b)
			 Daily routine. Each permittee and each licensee shall maintain a written
			 schedule and daily routine for all residents during all waking hours, which
			 shall include the following:
(1)
			 Meals;
(2) personal
			 hygiene;
(3) physical
			 exercise;
(4) recreation;
(5) mental health services; and
(6) education.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1262 - Behavior management

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Policies and procedures. Each permittee and each licensee shall implement
			 policies and procedures for the behavior management of residents.
(1) Written policies shall provide for a
			 behavior management system that assists residents to develop inner control and
			 manage their own behavior in a socially acceptable manner. Procedures and
			 practice shall include expectations that are age-appropriate and allow for
			 special abilities and limitations.
(2) Written rules of conduct shall define
			 expected behaviors.
(A) A rule book
			 describing the expected behaviors shall be given to each resident and each
			 direct care staff member.
(B) An
			 acknowledgment of receipt of the rule book shall be signed by each resident and
			 kept in each resident's file.
(C)
			 If a literacy or language problem prevents a resident from understanding the
			 rule book, a staff member or translator shall assist the resident in
			 understanding the rules.
(3) Each staff member and each volunteer who
			 has direct contact with residents shall be informed of the rules of resident
			 conduct, the rationale for the rules, and the intervention options available
			 for problem or conflict resolution, diffusion of anger, and de-escalation
			 methods.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1263 - Staff member schedule; supervision of residents

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Staff member schedule.
(1) Each permittee and each licensee shall
			 develop and implement a written daily staff member schedule. The schedule shall
			 meet the requirements for the staffing ratios of direct care staff members to
			 residents at all times.
(A) The schedule shall
			 provide for sufficient staff members on the living unit to provide direct
			 supervision to the residents at all times and to provide for each resident's
			 physical, social, emotional, and educational needs.
(B) The schedule shall provide for a minimum
			 staffing ratio of one direct care staff member on active duty to four residents
			 during waking hours and one direct care staff member on active duty to seven
			 residents during sleeping hours.
(C) At least one direct care staff member of
			 the same sex as the residents shall be present, awake, and available to the
			 residents at all times. If both male and female residents are present in the
			 facility, at least one male and one female direct care staff member shall be
			 present, awake, and available.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1264 - Emergency plan; safety, security, and control

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Emergency plan. Each permittee and each
			 licensee shall implement an emergency plan to provide for the safety of
			 residents, staff members, volunteers, and visitors in emergencies.
(1) The emergency plan shall include the
			 following information:
(A) Input from local
			 emergency response entities, including the fire departments and law
			 enforcement;
(B) the types of
			 emergencies likely to occur in the facility or near the facility, including
			 fire, weather-related events, missing or runaway residents, chemical releases,
			 utility failure, intruders, and an unscheduled closing;
(C) the types of emergencies that could
			 require evacuating the facility and the types that could require the residents,
			 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 to be
			 responsible for each of the following:
(i)
			 Communicating with emergency response resources, including the fire department
			 and law enforcement;
(ii) ensuring
			 that all residents, staff members, volunteers, and visitors are accounted
			 for;
(iii) taking the emergency
			 contact numbers and a cell phone; and
(iv) contacting the parent, legal guardian,
			 or placing agent of each resident;
(G) the location and means of reaching a
			 shelter-in-place area in the facility, including safe movement of any resident,
			 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 facility, including the following:
(i) Safely transporting the residents,
			 including residents with special health care or mobility needs;
(ii) transporting emergency supplies,
			 including water, food, clothing, blankets, and health care supplies;
			 and
(iii) obtaining emergency
			 medical care.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1265 - Environmental requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 General building requirements.
(1) Each
			 applicant, each permittee, and each licensee shall ensure that the facility is
			 connected to public water and sewage systems, where available. If public water
			 and sewage systems are not available, each applicant shall obtain approval for
			 any private water and sewage systems by the health authorities having
			 jurisdiction over private water and sewage systems where the facility is
			 located.
(2) A licensed architect
			 shall be responsible for the plans for any newly constructed building or for
			 any major addition or major alteration to an existing building.
(A) For a new building, preliminary plans and
			 outline specifications, including plot plans, shall be submitted to the
			 department for review before beginning the final working drawings and
			 specifications. Each applicant, each permittee, and each licensee shall submit
			 the final working drawings, construction specifications, and plot plans to the
			 department for review and written approval before the letting of
			 contracts.
(B) For an addition or
			 alteration to an existing building, each applicant, each permittee, and each
			 licensee shall submit a written statement defining the proposed use of the
			 construction and detailing the plans and specifications to the department for
			 review and written approval before beginning construction.
(C) If construction is not begun within one
			 year of submitting a proposal for a new building or an addition or alteration
			 to an existing building, each licensee shall re-submit the plans and proposal
			 to the department before proposed construction begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1266 - Food services

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each permittee and each licensee shall ensure that food
				preparation, service, safety, and nutrition meet the requirements of this
				regulation. For purposes of this regulation, "food" shall include
				beverages.
(a) Sanitary practices.
			 Each individual engaged in food preparation and food service shall use sanitary
			 methods of food handling, food service, and storage.
(1) Only authorized individuals shall be in
			 the food preparation area.
(2) Each
			 individual who has any symptoms of an illness, including fever, vomiting, and
			 diarrhea, shall be excluded from the food preparation area and shall remain
			 excluded from the food preparation area until the individual has been
			 asymptomatic for at least 24 hours or provides the administrator with written
			 documentation from a health care provider stating that the symptoms are from a
			 noninfectious condition.
(3) Each
			 individual who contracts any infectious or contagious disease specified in
			 K.A.R. 28-1-6 shall be excluded from the food preparation area and shall remain
			 excluded from the food preparation area until the isolation period required for
			 that disease is over or until the individual provides the administrator with
			 written documentation from a health care provider that the individual is no
			 longer a threat to the health and safety of others when preparing or handling
			 food.
(4) Each individual with an
			 open cut or abrasion on the hand or forearm or with a skin sore shall cover the
			 sore, cut, or abrasion with a bandage before handling or serving
			 food.
(5) The hair of each
			 individual shall be restrained when the individual is handling food.
(6) Each individual handling or serving food
			 shall comply with both of the following requirements for hand-washing:
(A) Each individual shall wash that
			 individual's hands and exposed portions of the individual's arms before working
			 with food, after using the toilet, and as often as necessary to keep the
			 individual's hands clean and to minimize the risk of contamination.
(B) Each individual shall use an individual
			 towel, disposable paper towels, or an air dryer to dry that individual's
			 hands.
(7) Each
			 individual preparing or handling food shall minimize bare hand and bare arm
			 contact with exposed food that is not in a ready-to-eat form.
(8) Except when washing fruits and
			 vegetables, no individual handling or serving food may contact exposed,
			 ready-to-eat food with the individual's bare hands.
(9) Each individual shall use single-use
			 gloves, food-grade tissue paper, dispensing equipment, or utensils, including
			 spatulas and tongs, when handling or serving exposed, ready-to-eat
			 food.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1267 - Laundry

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If laundry is
			 done at the facility, each permittee and each licensee shall ensure that the
			 laundry sinks, the appliances, and the countertops or tables used for laundry
			 are located in an area separate from food preparation areas and are installed
			 and used in a manner that safeguards the health and safety of the residents.
			 Adequate space shall be allocated for the laundry room and the storage of
			 laundry supplies, including locked storage for all chemical agents used in the
			 laundry area.
(b) Each permittee
			 and each licensee shall ensure that adequate space is allocated for the storage
			 of clean and dirty linen and clothing. Soiled linen shall be stored separately
			 from clean linen.
(c) Each
			 permittee and each licensee shall ensure that blankets are laundered at least
			 once each month or, if soiled, more frequently. Blankets shall be laundered or
			 sanitized before reissue.
(d) Each
			 permittee and each licensee shall ensure that each mattress is water-repellent
			 and washed down and sprayed with disinfectant before reissue. The mattress
			 materials and treatments shall meet the applicable requirements of the state
			 fire marshal's regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1268 - Transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each permittee and each licensee shall ensure that all of the
				following requirements are met when providing transportation for
				residents:
(a) Each permittee and each
			 licensee shall implement policies and procedures for transportation of
			 residents, including the following:
(1)
			 Procedures to be followed in case of an accident, injury, or other incident as
			 specified in K.A.R. 28-4-1257;
(2)
			 a list of all staff members authorized to transport residents; and
(3) for each staff member authorized to
			 transport residents, documentation of a valid driver's license that meets the
			 requirements of the Kansas motor vehicle drivers' license act,
			 K.S.A.
			 8-234a et seq. and amendments
			 thereto.