reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-4 - Application for a temporary license

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each applicant who has completed the
			 education and clinical practicum pursuant to
			 K.S.A.
			 65-6505, and amendments thereto, but has not
			 completed a supervised postgraduate professional experience or examination, or
			 both, shall apply for a temporary license. This temporary license shall be
			 issued for a period of 12 months and may be renewed for one subsequent 12-month
			 period upon request and with the secretary's approval.
(b) Each applicant applying for a temporary
			 license shall submit to the department a completed department-approved
			 application form, the required supporting documentation showing completion of
			 education and clinical practicum, and the appropriate fee as specified in
			 K.A.R. 28-61-9.
(c) Each applicant
			 shall provide to the department the applicant's academic transcripts and proof
			 of completion of the educational requirements specified in
			 K.S.A.
			 65-6505, and amendments thereto. These
			 documents shall be provided directly to the department by the academic
			 institution.
(d) Each applicant
			 seeking a temporary license for the purpose of completing a supervised
			 postgraduate professional experience shall receive a temporary license before
			 beginning the supervised postgraduate professional experience.
(1) Each applicant shall provide to the
			 department a plan for completion of the supervised postgraduate professional
			 experience that has been signed by a supervisor who is currently fully licensed
			 in Kansas in the area in which the applicant seeks licensure.
(2) Each applicant shall report any changes
			 in the plan to the department.
(3)
			 At the conclusion of the supervised postgraduate professional experience, each
			 supervisor shall sign and submit to the department a report that documents
			 satisfactory completion of the supervised postgraduate professional
			 experience.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-5 - License renewal

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each
			 applicant for renewal of a license shall submit the following to the secretary:
(1) A completed secretary-approved
			 application form;
(2) the required
			 supporting documentation; and
(3)
			 the license renewal fee as specified in K.A.R. 28-61-9 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-6 - Application for person with license issued by another state

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 applying for a license who is presently or has been licensed in another state
			 shall submit a completed department-approved application form with the license
			 fee as specified in K.A.R. 28-61-9.
(b) Each application shall be evaluated by
			 comparing the qualifications met to obtain the original license, and any
			 subsequent licenses, with the current qualifications for Kansas licensure. The
			 qualifications of one of the states that issued a license shall be equal to or
			 in excess of the Kansas licensure qualifications at the time the applicant
			 seeks a Kansas license.
(c) Each
			 applicant shall be in good standing with each licensing agency that has issued
			 a license to the applicant.
(d)
			 "Good standing" means both of the following:
(1) The applicant's license is not under any
			 administrative proceeding.
(2) The
			 applicant's license is not under any disciplinary action.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-7 - Reinstatement of a lapsed license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 whose license has lapsed shall pay the reinstatement fee and license renewal
			 fee as specified in K.A.R. 28-61-9.
(b) Each applicant whose license has lapsed
			 shall, within five years of the most recent expiration date, reinstate that
			 license by submitting evidence that the applicant has accumulated, within the
			 past two calendar years before the date of application for reinstatement, 20
			 contact hours of approved continuing education.
(c) Each applicant whose Kansas license has
			 lapsed for more than five years beyond its expiration date shall reinstate by
			 submitting any of the following types of evidence:
(1) Current licensure in another jurisdiction
			 that requires completion of a number of contact hours of continuing education
			 for license renewal that is equivalent to or greater than the number of hours
			 required in Kansas;
(2) licensure
			 in another jurisdiction sometime during the preceding five-year period, and
			 completion of 20 contact hours of approved continuing education within two
			 calendar years before the date of application for reinstatement; or
(3) satisfactory completion of a plan for
			 reinstatement that has been submitted to and approved by the speech-language
			 pathology and audiology advisory board and by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-8 - Assistants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 speech-language pathology assistant and each audiology assistant shall meet the
			 following criteria:
(1) Have received a high
			 school diploma or equivalent;
(2)
			 complete a training program conducted by a Kansas-licensed speech-language
			 pathologist or audiologist. This training shall include the following:
(A) Ethical and legal
			 responsibilities;
(B) an overview
			 of the speech, language, and hearing disorders;
(C) response discrimination skills;
(D) behavior management;
(E) charting of behavioral objectives and
			 recordkeep-ing;
(F) teaching
			 principles, if applicable to the employment setting; and
(G) other skill training as required by the
			 employment setting; and
(3) receive ongoing supervised training by a
			 Kansas-licensed speech-language pathologist or audiologist for at least one
			 hour per month.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-9 - Fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The license fee
			 shall be $135.00. The license application fee for an initial licensure period
			 of less than 24 months shall be prorated at $5.50 per month for any full or
			 partial month, until October 31 of the calendar year that is not less than 12
			 months and not more than 24 months from the date of application.
(b) The temporary license fee and temporary
			 license renewal fee shall be $65.00.
(c) The license renewal fee shall be $135.00.
(d) The late license renewal fee
			 shall be $50.00.
(e) The license
			 reinstatement fee shall be $135.00.
(f) The wall or wallet card license
			 replacement fee shall be $10.00.
(g) The sponsorship application fee shall be
			 $150.00.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-10 - Change of name or address

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall notify the department of any name or address change within 15 days of the
			 change. Each licensee who fails to comply with this regulation may be subject
			 to disciplinary action by the department pursuant to
			 K.S.A.
			 65-6508, and amendments thereto.
(1) Notice of each address change shall be
			 submitted to the department and shall include the licensee's name, license
			 number, previous mailing address, and new mailing address.
(2) Complete notification of each name change
			 shall meet the following criteria:
(A) Be
			 submitted to the department in writing within 90 days of the change;
(B) include the licensee's previous name, new
			 name, and license number; and
(C)
			 be accompanied by a copy of a marriage certificate, court decree evidencing the
			 change, or a social security card reflecting the new name.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 61 - LICENSURE OF SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS › Section 28-61-11 - Unprofessional conduct

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each of the following acts by a licensee shall be evidence of
				unprofessional conduct:
(a)
			 Misrepresenting any professional qualifications or credentials, including any
			 of the following:
(1) Impersonating another
			 licensed professional;
(2)
			 knowingly allowing the use of one's license or license number by another
			 person; or
(3) using an academic
			 title that has not been conferred by an accredited educational institution;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 65 - EMERGENCY PLANNING AND RIGHT-TO-KNOW › Section 28-65-1 - General provisions

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) The
			 provisions of 40 C.F.R. Parts 350, 355, 370, and 372, dated July 1, 2018,
			 including any notes and appendices, unless otherwise specifically stated in
			 this article of the department's regulations, are hereby adopted by reference.
			 If the same term is defined both in the Kansas statutes or this article of the
			 department's regulations and in any federal regulation adopted by reference in
			 this article of the department's regulations and the term is defined
			 differently, the definition prescribed in the Kansas statutes or this article
			 of the department's regulations shall control.
(b) The following phrases and citations shall
			 be replaced with the phrases and citations specified in this subsection
			 wherever the phrases and citations appear in the text of the federal
			 regulations adopted by reference in this regulation:
(1) "The United States" shall be replaced
			 with "the state of Kansas."
(2)
			 "Environmental protection agency," "EPA," and "agency" shall be replaced with
			 "Kansas department of health and environment," "KDHE," and "department,"
			 respectively, unless the term is used in reference to the EPA web
			 site.
(3) "Administrator" and
			 "regional administrator" shall be replaced with "secretary of the department of
			 health and environment."
(4)
			 "Federal register" shall be replaced with "Kansas register."
(5) "
			 40
			 C.F.R. 350.16 " shall be replaced with "
			 K.A.R.
			 28-65-3(f)."
(6) "This chapter" and "this section" shall
			 be replaced by "these regulations."
(7) "
			 5
			 U.S.C. 552(b)(4) " shall be
			 replaced by "K.S.A.
			 65-3015, and amendments thereto."
(8) "
			 18 U.S.C.
			 1905 " shall be replaced by "K.S.A. 45-215 et
			 seq., and amendments thereto."
(9)
			 "The Office of General Counsel, U.S. Environmental Protection Agency, Mailcode
			 2310A, 1200 Pennsylvania Avenue, NW, Washington DC 20460" shall be replaced by
			 "the Office of General Counsel, Kansas Department of Health and Environment,
			 1000 SW Jackson Street, Tope-ka, Kansas 66612."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 65 - EMERGENCY PLANNING AND RIGHT-TO-KNOW › Section 28-65-2 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in this article of the department's regulations, each
				of the following terms shall have the meaning specified in this
				regulation:
(a) "Commission" has the
			 meaning specified in
			 K.S.A.
			 65-5702, and amendments thereto.
(b) "Department" means Kansas department of
			 health and environment.
(c)
			 "Extremely hazardous substance" means a substance listed in the appendices to
			 40 C.F.R. Part 355, emergency planning and notification, dated July 1, 2018 or
			 on the list of Kansas reportable chemicals authorized by
			 K.S.A.
			 65-5704, and amendments thereto.
(d) "Facility" means all buildings,
			 equipment, structures, and other stationary items that are located on a single
			 site or on contiguous or adjacent sites and that are owned or operated by the
			 same person, or by any person who controls, is controlled by, or is under
			 common control with, that person. For purposes of emergency release
			 notification, the term shall include motor vehicles, rolling stock, and
			 aircraft. For the purposes of toxic release reporting, any facility may contain
			 more than one establishment, as defined in
			 40
			 C.F.R. 372.3, which is adopted in
			 K.A.R.
			 28-65-1.
(e) "Federal act" has the meaning specified
			 in
			 K.S.A.
			 65-5702, and amendments thereto.
(f) "Kansas tier II form" and "tier II form"
			 mean the hazardous chemical inventory form developed by the
			 department.
(g) "Kansas tier II
			 software" means the computer software developed for the department to allow an
			 owner or operator of a facility to file the Kansas tier II form by electronic
			 submission.
(h) "Material safety
			 data sheets," "MSDS," "safety data sheets," and "SDS" mean reporting sheets
			 required under the occupational safety and health act,
			 29
			 U.S.C. 651 et seq., as amended, and
			 29 C.F.R.
			 1910.1200.
(i) "Operator" means the owner or owner's
			 designee who is director of a business, service, or industrial concern and
			 conducts the affairs or manages an activity.
(j) "Owner" means proprietor or the person in
			 whom is vested ownership, dominion, possession, or title of property.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 65 - EMERGENCY PLANNING AND RIGHT-TO-KNOW › Section 28-65-3 - Submitting notifications and reports

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each notification and report required to
			 be submitted to the commission under sections 302 and 311 of the federal act
			 and this article of the department's regulations shall be completed using the
			 Kansas tier II form, which shall be submitted to the department's radiation
			 control program in hard copy or by electronic submission.
(b) Each notification and report required to
			 be submitted to the commission under section 312 of the federal act and this
			 article of the department's regulations shall be completed using the Kansas
			 tier II software. The Kansas tier II form shall be submitted to the radiation
			 control program of the department electronically.
(c) Each toxic chemical release form
			 submitted pursuant to section 313 of the federal act shall be submitted to the
			 department's radiation control program before July 1 of each year for the
			 previous calendar year.
(d) Each
			 emergency release notification submitted pursuant to section 304 of the federal
			 act shall be submitted to the division of emergency preparedness of the
			 adjutant general's department.
(e)
			 Each owner or operator of a facility required to report under this regulation
			 shall notify the department within 60 days after either of the following:
(1) A change in the name, address, or both,
			 of the owner or operator responsible for fling the facility report;
			 or
(2) facility closure.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 65 - EMERGENCY PLANNING AND RIGHT-TO-KNOW › Section 28-65-4 - Fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 provided in subsection (d), each owner or operator of a facility required to
			 report under section 312 of the federal act and
			 K.A.R.
			 28-65-3 shall pay an annual report fee based
			 upon the sum of the maximum daily reportable quantities of extremely hazardous
			 substances or hazardous chemicals, or both, present at the facility as reported
			 on the Kansas tier II form. These fees shall be calculated on forms provided by
			 the department using the tables in paragraphs (c)(1) and (c) (2) as
			 appropriate. The fees required under this subsection shall be submitted to the
			 department before March 1 of each year at the time of submission of the Kansas
			 tier II form.
(b) Each owner or
			 operator of a facility required to file the toxic chemical release form
			 required under section 313 of the federal act and
			 K.A.R.
			 28-65-3 shall pay an annual report fee based
			 upon the total quantity of chemicals released as reported on the federal form
			 R. These fees shall be calculated on forms provided by the department using
			 table 3 in paragraph (c)(4). The fees required under this subsection shall be
			 submitted to the department before July 1 of each year at the time of
			 submission of the federal form R.
(c)
(1) Fees
			 on the total maximum daily reportable quantity of extremely hazardous
			 substances listed on the Kansas tier II form required under subsection (a)
			 shall be determined using table 1 as follows:
Table 1
Sum of the maximum daily amounts of all
							 extremely hazardous substances reported (pounds)
Annual fee
1-9,999
$25
10,000-999,999
$50
1,000,000 or greater
$150
(2)
			 Fees on the total maximum daily reportable quantity of hazardous chemicals
			 listed on the Kansas tier II form required under subsection (a) shall be
			 determined using table 2 as follows:
Table 2
Sum of the maximum daily amounts of all
							 hazardous chemicals reported (pounds)
Annual fee
10,000-99,999
$25
100,000-999,999
$50
1,000,000-9,999,999
$150
10,000,000 or greater
$300
(3)
			 For the purposes of this subsection, the term "hazardous chemical" shall not
			 include any extremely hazardous substances or sand, gravel, clay, salt, or
			 brine or other comparable substances as approved by the department in the
			 calculation of fees.
(4) Fees
			 payable under subsection (b) on the total quantity of chemicals released
			 reported on the federal form R shall be determined as follows:
Table 3
Sum of the total chemical releases reported
							 (pounds)
Annual fee
100-19,999
$250
20,000-99,999
$700
100,000-999,999
$1,700
1,000,000 or greater
$3,000
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 66 - LOCAL ENVIRONMENTAL PROTECTION GRANT PROGRAM › Section 28-66-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in
				K.A.R.
				28-66-1 through
				28-66-4 unless otherwise
				specified:
(a) "Base grant" means
			 state water plan fund monies allocated to the Kansas department of health and
			 environment and awarded to local entities for the purpose of developing and
			 implementing a local environmental protection plan for a term which coincides
			 with the state fiscal year.
(b)
			 "Core program" means services that shall be provided by each local entity that
			 is awarded a base grant, and which include the following:
(1) The development and implementation of an
			 annual local environmental protection plan;
(2) the development, implementation, and
			 enforcement of an environmental code which has been approved by the secretary
			 of KDHE and which establishes standards for the management of on-site
			 wastewater systems for the treatment and disposal of domestic sewage only;
(3) the development,
			 implementation and enforcement of an environmental code which has been approved
			 by the secretary of KDHE and which establishes standards for the management
			 water supply wells which do not meet the definition of a public water supply
			 well pursuant to
			 K.S.A.
			 65-162a(b);
(4) information, education, and technical
			 assistance; and
(5) organization
			 and coordination of a local environmental protection committee to provide
			 advice and counsel to the local entity on the content and administration of the
			 local environmental protection plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 66 - LOCAL ENVIRONMENTAL PROTECTION GRANT PROGRAM › Section 28-66-2 - Base grants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A local entity
			 may apply for a local environmental protection base grant each year on forms
			 provided by KDHE.
(b) Base grant
			 amounts shall be subject to the availability of funding.
(c) All base grant payments shall be made
			 contingent upon the submission to KDHE of quarterly program and fiscal reports,
			 as required in the grant award agreement, which are determined by KDHE to
			 demonstrate satisfactory progress toward completion of approved program
			 objectives.
(d) Upon approval of
			 its local environmental protection plan by KDHE, a local entity shall be
			 eligible to receive a base grant for the implementation and maintenance of the
			 approved local environmental protection plan.
(e) Allocation of base grants shall be made
			 in accordance with the following formula where population is the population of
			 the local entity as determined by the most recent United States census figures
			 for the state of Kansas:
(1) Counties with a
			 population less than 12,727 shall be eligible for a base grant which is equal
			 to or greater than $7,000;
(2)
			 counties with a population greater than 227,273 shall be eligible for a base
			 grant which is equal to or greater than $125,000;
(3) for all other counties the base grant
			 shall be equal to or greater than the product of the county's population *
			 $0.55; and
(4) a local entity
			 which consists of multiple counties shall receive a base grant equal to or
			 greater than the sum of the base grants for which each individual county would
			 be eligible under subsections (e) (1) through (e) (3) of this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 66 - LOCAL ENVIRONMENTAL PROTECTION GRANT PROGRAM › Section 28-66-3 - Target grants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon KDHE's
			 announcement of the availability of target grant funds, a target grant may be
			 requested by a base grant recipient to conduct an approved objective for which
			 the base grant is inadequate, except that the following requests shall be
			 considered ineligible:
(1) Salary for
			 permanent staff; and
(2) any
			 activity or item specified in K.A.R. 28-66-2 (k).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 66 - LOCAL ENVIRONMENTAL PROTECTION GRANT PROGRAM › Section 28-66-4 - Local environmental protection plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A local
			 environmental protection plan shall be developed annually by the local entity
			 and shall be submitted and approved by KDHE prior to any grant award. The local
			 environmental protection plan shall contain the following information:
(1) A cover sheet signed by the chairman of
			 the county board of health and the program director appointed by the county
			 board of health. If the grant applicant is a local entity other than a county
			 health department, the local environmental protection plan shall be signed by
			 the chairman of the board of county commissioners, a board formed pursuant to
			 K.S.A.
			 12-2901 et seq. or
			 K.S.A.
			 12-2908, or other legally formed board which
			 has been approved by KDHE as appropriate for the purposes of implementing a
			 local environmental protection plan;
(2) a description of existing local
			 ordinances and services in each of the core program and supplemental program
			 areas identified in K.A.R. 28-66-1 (b) and K.A.R. 28-66-1 (h) respectively,
			 including the name, address and phone number of the local person responsible
			 for implementing the ordinances and services described;
(3) a statement of each objective for which
			 funding is being requested, and a workplan which identifies the sequence of
			 steps that will be completed in order to accomplish the stated objective and an
			 approximate date of completion for each step; and
(4) a detailed program budget which
			 identifies the costs of program operation including, but not limited to,
			 personnel, travel, supplies, capital expenditures, and subcontracts.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For purposes of the regulations in this article, the following
				words, terms and phrases are hereby defined as follows:
(a) "Aggregate data" means data which is
			 obtained by combining like data in a manner which precludes specific
			 identification of an individual.
(b) "Board" means the health care data
			 governing board.
(c) "CHES" means
			 the center for health and environmental statistics.
(d) "Compilation" means the arrangement of
			 data collected by and furnished to the secretary acting under agreement with
			 the secretary for release and dissemination to the public.
(e) "Fee fund" means the health care database
			 fee fund created by
			 K.S.A.
			 65-6804 and amendments thereto.
(f) "Health care data" means any data
			 relating to health care, health status, including environmental factors, the
			 health care system, costs and outcomes.
(g) "Health care information" means any
			 health data that has been transformed from its raw form into a more general,
			 less-technical form.
(h) "Health
			 care provider" means any person, organization or entity that renders health
			 care services as described in
			 K.S.A.
			 65-6805 and amendments thereto.
(i) "Individual" means a single human being.
(j) "Patient or client" means an
			 individual who receives any health care service.
(k) "Person" means any individual,
			 association, partnership, corporation or other entity.
(l) "Primary data collection" means data that
			 were previously unavailable for distribution to the public and are initially
			 collected pursuant to this act.
(m) "Public domain data" means data that were
			 previously collected and available to the public by another source.
(n) "Public health data" means data including
			 epidemiological, health status and community health assessment data.
(o) "Public use data" means data that are
			 available to the general public. This includes data available in electronic or
			 any other form.
(p) "Record
			 identifier" means a unique code generated and assigned to an individual record
			 and used to identify that individual record among databases.
(q) "Secretary" means the secretary of the
			 Kansas department of health and environment.
(r) "State agency" means any regents
			 institution or department under the direction of a cabinet secretary, an
			 elected official or regulatory board.
(s) "Third party payer" means any public or
			 private payer of health care services and includes accident and sickness
			 insurers, health maintenance organizations, health plans and alliances,
			 nonprofit medical and hospital service organizations, and fiscal intermediaries
			 for government-funded programs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-2 - Health care database; information collected

Current through Register Vol. 43, No. 28, July 11,
			 2024
Information regarding various health factors shall be obtained.
				The health factors shall include, but not be limited to:
(a) mortality and natality, including
			 accidental causes of death;
(b)
			 morbidity;
(c) health behavior;
(d) disability;
(e) health care costs and financing;
(f) health care human resources;
(g) health service utilization and
			 availability;
(h) environmental
			 contaminants;
(i) demographics;
(j) familial social and economic
			 conditions affecting health status; and
(k) population-based health care outcomes.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-3 - Health care data collection and submission

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Data shall be:
(1) collected and submitted under uniform
			 parameters established by the secretary and approved by the board;
(2) obtained from existing data sources in
			 the public and private sector, where available to minimize the imposition and
			 cost of new reporting requirements;
(3) submitted by licensing boards and
			 agencies, credentialing and registering agencies and health care providers on a
			 schedule defined by the secretary and approved by the board;
(4) submitted by third party payers, on a
			 calendar year basis, annually by July 1 of the following calendar year and
			 shall:
(A) be derived from standard billing
			 or data collection documents or their replacements; and
(B) include only information for services
			 rendered in the calendar year; and adjustments made for 180 days after the
			 close of the calendar year; and
(5) submitted in a manner that does not
			 identify individuals except through the use of a record identifier established
			 by the secretary and approved by the board; except for public domain data,
			 where data may be submitted that includes identification of individuals.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-4 - Health care data release and rerelease

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Data and
			 information received by the secretary and maintained in the health care
			 database shall be used for:
(1) health policy
			 decisions;
(2) health research;
(3) consumer information; and
(4) epidemiological and other
			 public health functions necessary to protect and promote the health of the
			 state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-5 - Electronic access to public use data

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Persons or
			 state agencies may be granted electronic access to public use data. Definitions
			 of allowable access for data submitted to the database shall be established by
			 the secretary and approved by the board.
(b) All persons or state agencies requesting
			 electronic access to public use data shall complete an application established
			 by the secretary and approved by the board that describes the security
			 procedures to be used to safeguard the data provided according to K.A.R.
			 28-67-6 and K.A.R. 28-67-8.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-6 - Confidentiality of the health care database

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Data or
			 information that in any manner identifies an individual shall not be released.
			 Researchers demonstrating the need for data containing record identifiers or
			 names of health care providers shall be subject to the release, confidentiality
			 and security requirements pursuant to K.A.R. 28-67-4, K.A.R. 28-67-6, and
			 K.A.R. 28-67-8 and approval of the board.
(b) Any information generated from
			 manipulations of data provided by the database shall be subject to release,
			 confidentiality and security requirements pursuant to K.A.R. 28-67-4, K.A.R.
			 28-67-6 and K.A.R. 28-67-8.
(c)
			 The individual forms, computer tapes or other forms of data collected by and
			 furnished to the database shall not be available to the public. Special reports
			 prepared for any data requester shall not be made public if the report
			 identifies an individual.
(d)
			 Public domain data obtained for the health care database may be made public
			 through compilation and as public use data in a manner that identifies health
			 care providers.
(e) Primary data
			 collected which identify individuals shall be kept confidential and shall not
			 be made public. Individual data associated with patient numbers, social
			 security numbers and patient or client health care coverage identification
			 numbers, or any other data that can identify individuals shall be kept
			 confidential and shall not be made public. Any release of primary data shall be
			 subject to K.A.R. 28-67-4.
(f)
			 Primary data collected that identifies health care providers shall be kept
			 confidential and shall not be made public except that public health data which
			 identifies health care providers may be released. Release of these data shall
			 be subject to K.A.R. 28-67-4.
(g)
			 In this subsection, "small number" means any number that is not large enough to
			 ensure that the identity of individuals and health care providers is protected.
			 Any data element category which contains small numbers shall be aggregated
			 using procedures established by the secretary. The procedures shall follow
			 commonly accepted statistical methodology.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-7 - Fees established

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Routine
			 compilations produced by the secretary shall be made available to state
			 agencies, health care providers, purchasers, employers, consumers and other
			 interested parties. A fee sufficient to recover the costs of production or
			 duplication may be charged.
(b)
			 Requests for non-routine compilation requiring special analyses shall be billed
			 under contract between the requester and the secretary to include the hourly
			 rate of the analyst or analysts plus all computer, printing and other costs.
			 State agencies asking for data solely for the purposes of analysis may be
			 exempt.
(c) Compilation or data
			 made available on computer tape or other electronic media shall include the
			 cost of the magnetic tape, diskette, or other electronic media.
(d) Providers of data, board members and
			 interested parties shall receive one free copy of the secretary's routine
			 annual and quarterly compilation.
(e) Persons and state agencies requesting
			 electronic access to public use data may be charged a monthly fee for that
			 access.
(f) Providers contributing
			 data to the system may be charged reduced rates for special reports not to
			 exceed seventy-five percent of the fees charged to the public.
(g) The secretary, on behalf of the health
			 care database and as chairperson of the board, shall reserve the right to
			 request a portion of revenues generated from use of data provided to any person
			 that is above the cost of production of products.
(h) All fees collected pursuant to K.A.R.
			 28-67-7 shall be deposited in the health care database fee fund.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-8 - Record security

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All staff
			 engaged in the collection, handling, and dissemination of health care data
			 shall be informed of the responsibility to protect the data and the
			 consequences of failure to do so. When employees are hired, each employee shall
			 be instructed on the current procedures used to assure the security and
			 confidentiality of the data. A copy of the confidentiality policy shall be
			 provided to all personnel and a statement of responsibility for data
			 confidentiality shall be explained as a condition of employment.
(b) Employees shall be held accountable for
			 the appropriate use of individual data and for safeguarding the information in
			 their possession. Confidential data may be used only for purposes reviewed and
			 approved by the secretary. Any unauthorized use of health care data from the
			 database shall be strictly prohibited and may subject an employee to
			 termination.
(c) Access to the
			 database shall be restricted to those who specifically require access in order
			 to perform their assigned duties. Access policies and staff members needing to
			 access the database shall be established by the secretary.
(d) Supervisors shall be responsible for
			 maintaining the security for data in the area of their responsibility. Persons
			 or state agencies engaged in the collection, handling, and dissemination of
			 health care data shall develop procedures to govern the release of information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-9 - System security

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All health care
			 data shall be maintained on computer systems administered by CHES. A password
			 system shall be used to limit access to computer files. Passwords shall be
			 changed on a schedule determined by CHES staff, and an individual account shall
			 be deleted whenever a staff member terminates employment or is no longer
			 authorized access to the system.
(b) Only CHES staff shall be authorized to
			 load data tapes and install software and file servers. All software shall be
			 checked for computer viruses before being installed.
(c) General access to the central computer
			 area shall be limited to normal work hours only. Access shall be restricted to
			 CHES staff at all other times unless an individual obtains authorization to
			 access the computer area.
(d)
			 Network tape backups shall be stored on-site in a secure fire retardant
			 location. Additional copies of software, documentation, and backups shall be
			 stored at a secure, off-site location.
(e) Non-Kansas department of health and
			 environment staff shall set up a CHES user account in order to access the
			 health care information system. Passwords shall only be issued to non-Kansas
			 department of health and environment users if they are under contract to Kansas
			 department of health and environment or under the terms of a data sharing
			 agreement. Unauthorized use of health care data by any other person or
			 governmental subdivision granted access to the database shall result in
			 termination of system access and no further provision of data.
(f) Network backups shall be done weekly and
			 at the end of each month. Two copies of the monthly backup tape shall be
			 produced. All network files shall be checked for computer viruses before
			 backup.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-10 - Eligible contractors

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A contractor
			 may be designated to provide data processing services for the collection of
			 health care information. The contractor may be a public or private
			 organization. Eligible contractors shall provide to the secretary assurances
			 that there are no conflicts of interest.
(b) Persons who shall not be contractors
			 include, but shall not be limited to:
(1) a
			 major purchaser, payer or provider of health care services in Kansas;
(2) a subcontractor of an
			 organization in K.A.R. 28-67-10 (b)(1), except those commissioned to perform
			 only data processing functions;
(3) a subsidiary or affiliate of an
			 organization in K.A.R. 28-67-10 (b)(1) in which a controlling interest is held
			 and may be exercised by that organization either independently or in concert
			 with any other organization in K.A.R. 28-67-10 (b)(1); or
(4) an association of major purchasers,
			 payers or providers of health care services.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-11 - Cooperative agreements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Where the need
			 for cooperative agreements and memoranda of understanding facilitate the
			 cost-effectiveness of health care data collection, cooperative agreements and
			 memoranda of understanding may be established by the secretary with
			 organizations described in K.A.R. 28-67-10 (b).
(b) Organizations entering cooperative
			 agreements and establishing memoranda of understanding shall provide the
			 secretary assurances that the data will be collected and utilized for their
			 intended purpose only.
(c)
			 Organizations entering cooperative agreements and establishing memoranda of
			 understanding shall be subject to the confidentiality and record security
			 requirements in K.A.R. 28-67-6 and K.A.R. 28-67-8.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 67 - HEALTH CARE DATABASE › Section 28-67-12 - Data validation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All data
			 submitted to the health care database shall be evaluated for accuracy and
			 standardization.
(b) Any
			 inconsistencies and non-standard reporting of data submitted to the database
			 shall be documented and reported to the providers of the data. Data providers
			 shall be given 30 days to reconcile the inaccuracies or inconsistencies
			 identified by the secretary.
(c)
			 Comments provided to the secretary pursuant to K.A.R. 28-67-4 (e) may be used
			 to reconcile any inaccuracies or inconsistencies identified by the data
			 provider.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of
				K.A.R.
				28-68-1 through K.A.R. 28-68-10, the
				following terms shall be defined as follows.
(a) "Applicant" means any person or
			 governmental entity that applies to the dry-cleaning facility release trust
			 fund.
(b) "Contaminated
			 dry-cleaning site" has the meaning specified in
			 K.S.A.
			 65-34,148, and amendments thereto.
(c) "Dry-cleaning waste" means waste,
			 including dry-cleaning wastewater, that is generated at a dry-cleaning facility
			 and that contains dry-cleaning solvent.
(d) "Dry-cleaning wastewater" means separator
			 water and all other water that is generated during the dry-cleaning process and
			 contains dry-cleaning solvents.
(e) "Existing dry-cleaning facility" means a
			 dry-cleaning facility that was in operation on or before January 3, 1997.
(f) "Floor drain" means any
			 opening that is less than three inches above the floor surface and leads to a
			 septic tank, storage tank, sanitary sewer, storm sewer, or soils or waters of
			 the state. An opening sealed with a removable seal that prevents dry-cleaning
			 solvent and dry-cleaning wastewater from entering the opening shall not be
			 considered a floor drain.
(g)
			 "Hazardous waste" has the meaning specified in 40 C.F.R. part 261, subparts C
			 and D, as in effect on July 1, 1999, and hereby adopted by reference.
(h) "New dry-cleaning facility"
			 means a dry-cleaning facility that begins operation after January 3, 1997.
(i) "Operator" means any person
			 who manages the daily activities or operations, or both, of a dry-cleaning
			 facility.
(j) "Secondary
			 containment structure" means a tank, tray, containment pallet, containment
			 basin, a floor surface contained within a dike and the dike proper, or a
			 similar structure that is designed to contain spills and leaks from
			 dry-cleaning units, dry-cleaning solvent storage areas, or dry-cleaning waste
			 storage areas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-2 - Registration of facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each owner of
			 any dry-cleaning facility shall annually submit to the department a separate
			 registration for each operating dry-cleaning facility. Each registration shall
			 be submitted on a form prepared by the department.
(b) Each owner of a new dry-cleaning facility
			 shall submit a registration form not later than 30 days after operations begin.
(c) Each owner of any dry-cleaning
			 facility shall submit a registration fee of $100.00 with the registration form
			 for each operating dry-cleaning facility. The registration fee shall cover a
			 single calendar year. Registrations shall be submitted and fees paid on or
			 before January 31, or the dry-cleaning facility shall be considered in
			 violation of the Kansas dry cleaner environmental response act.
(d) Each owner of any dry-cleaning facility
			 shall post the owner's registration number in a conspicuous location in the
			 public area of each registered, operating dry-cleaning facility.
(e) If a change in ownership of an operating
			 dry-cleaning facility occurs, the new owner shall submit a new registration
			 form not later than 30 days after assuming ownership.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-3 - Performance standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Storage and
			 disposal of dry-cleaning wastes.
(1) Each
			 owner or operator of a dry-cleaning facility that generates hazardous waste
			 shall comply with the provisions specified in K.A.R. 28-31-1 through K.A.R.
			 28-31-4, with the following changes:
(A)
			 Except as provided in paragraph (a)(2), the owner or operator of each
			 dry-cleaning facility that is a small quantity generator as specified in K.A.R.
			 28-31-2(e), and that accumulates up to 25 kilograms of hazardous waste, shall
			 treat the waste as follows:
(i) Either treat
			 or dispose of the hazardous waste in an acceptable on-site facility, or ensure
			 delivery to an off-site hazardous waste treatment, storage, or disposal
			 facility, or to some other waste management facility approved by the
			 department;
(ii) comply with 40
			 C.F.R. part 265, subpart I, as in effect on July 1, 1999 and hereby adopted by
			 reference, except 265.176 and 265.178;
(iii) label or clearly mark each container
			 and each tank in which hazardous waste is accumulated or stored with the words
			 "Hazardous Waste"; and
(iv)
			 clearly mark each container and each tank in which hazardous waste will be
			 accumulated and stored for more than 72 hours with the date on which each
			 period of accumulation begins. The date marking shall be in a place visible for
			 inspection.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-4 - Removal of drycleaning solvents and drycleaning wastes from closed facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each owner or operator of a drycleaning facility which has
				ceased operation for 45 continuous days shall remove all drycleaning solvents
				and drycleaning wastes from the drycleaning facility not later than 45 days
				after the last day of operation.
(a)
			 Each owner or operator shall dispose of all drycleaning wastes in accordance
			 with K.A.R. 28-68-3, subsection (a).
(b) Any owner or operator may request from
			 the department a written extension of the 45-day time limit established in
			 subsection (a).