reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-363 - Appendix A; training courses for logging supervisors; subjects

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each training
			 course for logging supervisors shall cover the fundamentals of radiation
			 safety, including:
(1) characteristics of
			 radiation;
(2) units of radiation
			 dose and quantity of radioactivity; and
(3) significance of radiation dose,
			 including;
(A) radiation protection
			 standards; and
(B) biological
			 effects of radiation dose;
(4) levels of radiation from sources of
			 radiation;
(5) methods of
			 minimizing radiation dose, including:
(A)
			 working time;
(B) working
			 distances; and
(C) shielding; and
(6) radiation safety
			 practices, including prevention of contamination and methods of
			 decontamination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-375 - General requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of 10 CFR part 36, as in effect on May 4, 2004,
				are hereby adopted by reference, with the changes specified in this regulation.
(a) All reports required by this
			 regulation shall be submitted to the department.
(b) The following sections shall be deleted:
(1)
									10 CFR
			 36.2, "definitions";
(2)
									10 CFR
			 36.5, "interpretations";
(3)
									10 CFR
			 36.8, "information collection requirements:
			 OMB approval";
(4)
									10 CFR
			 36.11, "application for a specific license";
(5)
									10 CFR
			 36.91, "violations"; and
(6)
									10 CFR
			 36.93, "criminal penalties."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-400 - Applicability; additional requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 licensed to receive, possess, own, acquire, use, process, store, transfer, or
			 dispose of radioactive material shall be subject to this part.
(b) In addition to conforming to the
			 licensing requirements in part 3 of these regulations and the requirements for
			 protection in part 4 of these regulations, each licensee with any of the
			 quantities of radioactive material specified in K.A.R. 28-35-411 shall be
			 required to evaluate and prepare to respond to an event involving the possible
			 release of radioactive material. This requirement shall include, at a minimum,
			 immediate activities including containment, rescue, notification, and securing
			 the scene of an event.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-401 - Dose evaluation and contingency plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person seeking a license to possess radioactive material
				in unsealed form, on a foil or plated source, or sealed in glass shall submit
				an application containing either of the following, if the radioactive material
				is in excess of any of the quantities specified in
				K.A.R.
				28-35-411:
(a) An evaluation, as specified in K.A.R.
			 28-35-402, showing that the projected dose to a person off-site due to a
			 release of radioactive material would not exceed 0.01 sievert (1 rem) total
			 effective dose equivalent or 0.01 sievert (1 rem) to the thyroid; or
(b) a contingency plan, as prescribed in
			 K.A.R. 28-35-403, for responding to any event in which radioactive material
			 could be released from the site.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-402 - Evaluation of potential dose

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) For purposes of
			 this part, the following terms shall have the meanings specified in this
			 subsection.
(1) "Release fraction" means the
			 ratio of the quantity of radioactive material released to the quantity of
			 radioactive material available for release.
(2) "Respirable size range" means the range
			 of sizes of airborne particles that can be deposited anywhere in the
			 respiratory tract.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-403 - Contents of contingency plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each applicant or licensee shall ensure that the contingency
				plan that is submitted as specified in
				K.A.R.
				28-35-401 includes information about the
				following, in separate sections:
(a)
			 The facility, including a brief description of the applicant's or licensee's
			 facility and surroundings;
(b) the
			 types of accidents that the contingency plan addresses, including an
			 identification of each type of alert, site area emergency, or general emergency
			 involving radioactive material for which actions by applicant's or licensee's
			 staff or off-site response organizations will be needed to protect members of
			 the public;
(c) classification of
			 accidents, consisting of a method for classifying and declaring each alert,
			 site area emergency, or general emergency as defined in this part;
(d) detection of accidents, including the
			 identification of the means for detecting each type of alert, site area
			 emergency, or general emergency in a timely manner;
(e) mitigation of consequences, including a
			 brief description of the means and equipment that are available for mitigating
			 the consequences of each type of alert, site area emergency, or general
			 emergency including the following:
(1) Means
			 and equipment provided to protect workers on-site;
(2) a description of the program for
			 maintaining the equipment;
(3)
			 radiological exposure controls for on-site and off-site response personnel; and
(4) the readiness to carry out
			 special efforts within any designated emergency planning zone;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-404 - Comment from off-site response organizations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 or licensee shall provide the contingency plan for comment to off-site response
			 organizations expected to respond in case of an alert, site area emergency, or
			 general emergency including, at a minimum, local fire, ambulance, emergency
			 management, and hospital emergency response officials. The applicant or
			 licensee shall provide the contingency plan to these organizations at least 60
			 days before submitting the plan to the department. Each applicant or licensee
			 shall submit any changes to the plan to off-site agencies for comment before
			 resubmitting the plan to the department.
(b) Each applicant or licensee shall provide
			 each comment received within the 60 days specified in subsection (a) to the
			 department with the initial or amended contingency plan. The applicant or
			 licensee shall also provide to the department any proposed response to the
			 comment or comments.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-405 - Certification of compliance

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each applicant shall certify to the department that the
				applicant is in compliance with the emergency planning and community
				right-to-know act of 1986, title III, pub. L. 99-499, at the proposed place of
				use of the radioactive material.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-406 - Training

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee required to submit a contingency plan in
				accordance with
				K.A.R.
				28-35-401 shall provide training to facility
				staff and to personnel for each off-site response organization at least
				annually for each person who is responsible for responding to the types of
				accidents postulated in the contingency plan as most probable for the specific
				site.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-407 - Conduct of drills and exercises

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee that is required to submit a contingency plan in
				accordance with
				K.A.R.
				28-35-401 shall meet the following
				requirements:
(a) Conduct drills and
			 exercises at least every two years to test the response to simulated
			 emergencies;
(b) perform critiques
			 of drills and exercises and ensure that these critiques evaluate the
			 appropriateness of the contingency plan, emergency procedures, facilities,
			 equipment, training of personnel, and overall effectiveness of the response;
(c) unless the secretary approves
			 otherwise, ensure that the critique of each exercise is performed by
			 individuals who are not responsible for conducting the exercise; and
(d) correct any deficiencies noted in the
			 critique of each drill and exercise within a time period for corrective action
			 that is conveyed, in writing, to the department and approved by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-408 - Plan implementation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee required to submit a contingency plan in
				accordance with
				K.A.R.
				28-35-401 shall meet the following
				requirements:
(a) Comply with the
			 contingency plan submitted to the department;
(b) notify all off-site response
			 organizations, including the department, not later than one hour after the
			 licensee declares an alert, site area emergency, or general emergency; and
(c) promptly report any projected
			 dose and protective action recommendation as required by the contingency plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-409 - Contingency plan revision

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee that is required to submit a contingency plan
				pursuant to
				K.A.R.
				28-35-401 shall comply with the following:
(a) Update the contingency plan at
			 least annually and provide the updated contingency plan to the department and
			 to affected off-site response organizations within 30 days after the update is
			 completed; and
(b) obtain the
			 secretary's written approval before implementing any changes to the plan,
			 except for updating individual names, titles, assignments of responsibility,
			 and telephone numbers. All updates of individual names, titles, assignments of
			 responsibility, and telephone numbers shall be reported to the department and
			 to affected off-site response organizations within 30 days of these changes.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-410 - Documentation and recordkeeping

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee required to submit a contingency plan pursuant to
				K.A.R.
				28-35-401 shall retain the following records
				in accordance with the recordkeeping requirements of part 3 of these
				regulations:
(a) The reports of
			 contingency plan training, drills, and exercises as specified in K.A.R.
			 28-35-403; and
(b) the revisions
			 and records of all notifications and reports as specified in K.A.R. 28-35-409
			 and part 3 of these regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-450 - General requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
The provisions of"part X: therapeutic radiation machines" in
				volume 1 of the suggested state regulations for control of radiation,"
				including appendix A, published by the conference of radiation control program
				directors, inc. and dated March 2009, are hereby adopted by reference, with the
				changes specified in this regulation.
(a) Sec. X.2, definitions," shall be
			 deleted.
(b) Wherever the following
			 phrases and references occur in part X, these phrases and references shall be
			 replaced with the specified phrases and references to regulations and parts in
			 this article of the department's regulations:
(1)"Agency" shall be replaced
			 with"department."
(2)"[INSERT
			 EFFECTIVE DATE OF THESE REGULATIONS]" shall be replaced with"the effective date
			 of these regulations."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-500a - General license: use of foreign-approved package

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) A
			 general license shall be deemed to have been issued to any licensee to
			 transport, or to deliver to a carrier for transport, any licensed or registered
			 material in a package with a design approved as documented by a foreign
			 national competent authority certificate that has been revalidated by the U.S.
			 department of transportation as meeting the applicable requirements of
			 49 C.F.R.
			 171.23.
(2) Except as otherwise provided in part 15
			 of these regulations, the general license shall be valid only for a licensee
			 who has a quality assurance program approved by the NRC or the department as
			 meeting the applicable provisions of K.A.R. 28-35-505.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-500 - General license: NRC-approved packages

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) A general license shall be deemed to have
			 been issued to any licensee to transport, or to deliver to a carrier for
			 transport, any licensed or registered material in a package for which a
			 license, certificate of compliance, or other approval has been issued by the
			 NRC.
(b) Each general license
			 specified in subsection (a) shall apply only to a licensee who has a quality
			 assurance program approved by the department.
(c) Each general license specified in
			 subsection (a) shall apply only to a licensee who meets the following
			 requirements:
(1) Possesses a copy of the
			 specific license, certificate of compliance, or other approval by the NRC for
			 the package and has the drawings and any other documents referenced in the
			 approval relating to the use and maintenance of the package and to the actions
			 to be taken before shipment;
(2)
			 complies with the terms and conditions of the license, certificate of
			 compliance, or other approval, as applicable, and with the applicable
			 requirements of part 15 of these regulations; and
(3) registers with the NRC before the
			 licensee's first use of the package according to the methods described in
			 10 C.F.R.
			 71.17(c)(3), dated January
			 1, 2020, which is hereby adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-501 - Previously approved type B package

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Any type B package previously approved by
			 the NRC but not designated as "B(U)," "B(M)," "B(U)F," or "B(M)F" in the
			 identification number of the NRC CoC and any type AF package approved by the
			 NRC before September 6, 1983 may be used under the general license specified in
			 K.A.R. 28-35-500(a), if the following additional provisions are met:
(A) The fabrication of the packaging was
			 satisfactorily completed by August 31, 1986, as demonstrated by application of
			 the model number on the package in accordance with
			 10 CFR
			 71.85(c).
(B) A serial number is assigned that is a
			 unique identifier of each package that conforms to the approved design. The
			 serial number shall be legibly and durably marked on the outside of each
			 package.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-502 - Air transport of plutonium

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Notwithstanding
			 any applicable provisions of any general licenses and notwithstanding any
			 applicable exemptions stated in this part or in the U.S. department of
			 transportation regulations, each licensee shall ensure that plutonium in any
			 form, whether for import, export, or domestic shipment, is not transported by
			 air or delivered to a carrier for air transport unless at least one of the
			 following conditions is met:
(1) The
			 plutonium is contained in a medical device designed for human application for
			 one individual.
(2) The plutonium
			 is contained in a material in which the specific activity is less than or equal
			 to the activity concentration values for plutonium specified in K.A.R.
			 28-35-221b and in which the radioactivity is essentially uniformly distributed.
(3) The plutonium is shipped in a
			 single package containing no more than an A; i2 quantity of plutonium in any
			 isotope or form and is shipped as specified in K.A.R. 28-35-196a.
(4) The plutonium is shipped in a package
			 specifically authorized for the shipment of plutonium by air in the certificate
			 of compliance issued by the NRC for that package.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-503 - Package-opening instructions

Current through Register Vol. 43, No. 28, July 11,
			 2024
Before delivering any package containing licensed or registered
				material to a carrier for transport, each licensee shall ensure that any
				special instructions that are needed to safely open the package have been sent
				to, or otherwise have been made available to, the consignee for the consignee's
				use in accordance with
				K.A.R.
				28-35-221a.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-504 - Advance notification of shipment of certain types of licensed or registered material

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
(1) As specified in subsections (b), (c), and
			 (d), each licensee shall provide advance notification to the governor or the
			 governor's designee of each state of each shipment of licensed or registered
			 material through or across the boundary of that state. The licensee shall
			 provide this ad vance notification before transporting, or delivering to a
			 carrier for transport, any licensed or registered material outside the confines
			 of the licensee's plant or other place of use or storage.
(2) As specified in subsections (b), (c), and
			 (d), each licensee shall provide advance notification to the Indian tribal
			 official of participating tribes referenced in subsection (c), or the
			 official's designee, of the shipment of licensed material within or across the
			 boundary of the tribe's reservation before the transport or delivery to a
			 carrier for transport of licensed material outside the confines of the
			 licensee's plant or other place of use or storage.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-504a - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall maintain a record of each shipment of licensed material not exempt under
			 10 C.F.R.
			 71.14 for three years after shipment. Each
			 record shall meet the following requirements:
(1) Identify the package by model number and
			 serial number;
(2) verify that
			 there are no defects in the packaging impacting the integrity, functionality,
			 or safety of the package as shipped;
(3) specify the volume and identification of
			 coolant;
(4) specify the type and
			 quantity of licensed material in each package;
(5) specify the total quantity of each
			 shipment;
(6) for each item of
			 irradiated fissile material, meet the following requirements:
(A) Identify the package by model number and
			 serial number;
(B) document the
			 irradiation and decay history to the extent appropriate to demonstrate that the
			 nuclear and thermal characteristics of the irradiated fissile material complies
			 with license conditions; and
(C)
			 document any abnormal or unusual condition relevant to radiation
			 safety;
(7) document the
			 date of the shipment;
(8) for
			 fissile packages and for type B packages, document any special controls
			 exercised;
(9) specify the name and
			 address of the transferee;
(10)
			 specify the address to which the shipment was made; and
(11) document the results of the
			 determinations required by 10 C.F.R. 71.87 and by the
			 conditions of the package approval.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-505 - Quality assurance requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
The provisions of 10 C.F.R. part 71, subpart H, dated January
				1, 2019, are hereby adopted by reference, with the changes specified in this
				regulation.
(a) The following sections
			 shall be deleted:
(1) 71.101(c)(2), (d), and
			 (e);
(2) 71.107;
(3) 71.109;
(4) 71.111;
(5) 71.113;
(6) 71.115;
(7) 71.117;
(8) 71.119;
(9) 71.121;
(10) 71.123; and
(11) 71.125.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-600 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the terms defined in
				K.S.A.
				48-16a02 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "All reasonable times" means normal
			 business hours and other times that radon services are being performed, or at a
			 time convenient for the property owner.
(b) "Mitigation" means any action taken to
			 reduce radon concentrations in the indoor atmosphere or to prevent the entry of
			 radon into the indoor atmosphere. This term shall include application of
			 materials, installation of systems, and any new repair or alteration of a
			 building or design.
(c) "Mitigation
			 system" means any set of devices, controls, or materials installed for reducing
			 radon concentrations in a building.
(d) "Quality assurance and quality control
			 plan" means a plan or design that ensures the authenticity, integrity,
			 reproducibility, and accuracy of radon concentration measurements. Each quality
			 assurance and quality control plan shall include at a minimum procedures for
			 the following:
(1) Chain of
			 custody;
(2) calibration of
			 measurement devices in the field;
(3) checks for background;
(4) duplicates, blanks, and spikes;
			 and
(5) representative
			 sampling.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-601 - General provisions

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Except as otherwise specifically provided by the radon
				certification law,
				K.A.R.
				28-35-601 through
				28-35-608 shall apply to any
				person that provides radon services.
(a) Any initial or renewal application to
			 conduct radon services may be denied by the department for any of the following
			 reasons:
(1) Any false statement in the
			 application;
(2) revocation of a
			 prior radon services certification in Kansas or another state; or
(3) violation of any of the requirements of
			 K.A.R. 28-35-601 through 28-35-608 or the radon certification law.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-602 - Fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application
			 fees for 24-month certification:
(1) Radon
			 measurement technician:
(A) Initial
			 certification .................................. $100.00
(B) Renewal certification
			 .............................. $100.00
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-603 - Requirements for radon measurement technician

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for initial certification
			 as a radon measurement technician shall meet the requirements of
			 K.S.A.
			 48-16a05, and amendments thereto, and the
			 following additional requirements:
(1) Be at
			 least 18 years of age;
(2) complete
			 and show proof of completion to the department of a radon measurement training
			 course with at least 16 hours of classroom instruction approved by the
			 department pursuant to
			 K.S.A.
			 48-16a05, and amendments thereto;
(3) attain a passing score of at least 70
			 percent on a closed-book examination on radon measurement approved by the
			 department pursuant to
			 K.S.A.
			 48-16a05, and amendments thereto;
			 and
(4) provide any additional
			 relevant information requested by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-604 - Requirements for radon mitigation technician

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for initial certification
			 as a radon mitigation technician shall meet the requirements of
			 K.S.A.
			 48-16a06, and amendments thereto, and the
			 following additional requirements:
(1) Be at
			 least 18 years of age;
(2) complete
			 and submit proof of completion to the department of a radon mitigation training
			 course with at least 24 hours of classroom instruction that includes active
			 participation in radon mitigation techniques approved by the department
			 pursuant to
			 K.S.A.
			 48-16a06, and amendments thereto;
(3) attain a passing score of at least 70
			 percent on a closed-book examination on radon mitigation approved by the
			 department pursuant to
			 K.S.A.
			 48-16a06, and amendments thereto;
			 and
(4) provide any additional
			 relevant information requested by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-605 - Continuing education

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Before
			 certification renewal, each radon measurement technician shall meet the
			 following continuing education requirements:
(1) Complete and submit proof of completion
			 to the department of at least 16 hours of department-approved continuing
			 education; and
(2) maintain
			 documentation, pursuant to
			 K.A.R.
			 28-35-601(h), that the
			 continuing education was successfully completed within the prior 24-month
			 certification period.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-606 - Radon measurement business

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Each radon measurement business shall
			 maintain for inspection a list of the name and credentials of each radon
			 measurement technician employed or retained as a consultant by the radon
			 measurement business.
(b) A radon
			 measurement technician shall be present on-site to directly supervise all
			 measurement activities performed by each radon measurement business.
(c) A radon measurement technician shall
			 perform all testing and consultation about radon or radon progeny measurements,
			 health risks, radon-related exposure, radon entry routes, and other
			 radon-related activities for each radon measurement business.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-607 - Radon mitigation business

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Each radon mitigation business shall
			 maintain for inspection a list of the name and credentials of each radon
			 mitigation technician employed or retained as a consultant by the radon
			 mitigation business.
(b) All radon
			 mitigation activities and consultations about radon or radon progeny
			 measurements, health risks, radon-related exposure, radon entry routes, or
			 other radon-related activities for a radon mitigation business shall be
			 directly supervised or performed on-site by a radon mitigation
			 technician.
(c) Each person subject
			 to K.A.R. 28-35-601 through 28-35-608, when performing radon mitigation, shall
			 comply with the protocols in the document adopted by reference in K.A.R.
			 28-35-604(b)(1)(D) regarding the design and construction of mitigation
			 systems.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-608 - Renewal of certification

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each certification renewal application for a radon measurement technician,
			 radon mitigation technician, or radon measurement laboratory shall be submitted
			 at least 60 days before expiration of the certificate.
(b) Each applicant for renewal of
			 certification shall meet the following requirements:
(1) Submit a completed application to the
			 department on a form provided by the department;
(2) provide any additional relevant
			 information requested by the department documenting that all applicable
			 continuing education requirements for certification renewal have been
			 completed; and
(3) submit payment
			 to the department for the applicable fee specified in K.A.R. 28-35-602
			 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-700 - General requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
The provisions of 10 C.F.R. part 37, dated January 1, 2019, are
				hereby adopted by reference, with the changes specified in this
				regulation.
(a) The following sections
			 or portions of sections in 10 C.F.R. part 37 shall be deleted:
(1) 37.1;
(2) 37.3;
(3) 37.7;
(4) 37.9;
(5) 37.11(a) and (b);
(6) 37.13;
(7) in 37.81(g), the third
			 sentence;
(8) 37.105;
(9) 37.107; and
(10) 37.109.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-1351 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in these regulations, each of the following terms shall
				have the meaning assigned in this regulation:
(a) "Lead equivalent" means the thickness of
			 lead affording the same attenuation, under specified conditions, as the
			 material in question.
(b) "Leakage
			 radiation" means radiation emanating from the device source assembly, except
			 for the following:
(1) The useful beam;
			 and
(2) radiation produced when the
			 exposure switch or timer is not activated for diagnosis or therapy.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 28-38-21 - Temporary license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each individual
			 requesting a temporary license shall identify the facility seeking to hire the
			 individual on an emergency basis and shall arrange for that facility to provide
			 the board with written documentation that a licensed, qualified candidate is
			 not available to serve as administrator in the facility. Each candidate for
			 consideration by the board for a temporary license shall meet the following
			 requirements:
(1) Submit an application on
			 board-approved forms accompanied by the applicable fee specified in K.A.R.
			 28-38-30;
(2) be endorsed in
			 writing to be the most qualified candidate by an authorized representative of
			 the governing body of the facility where the person is to be employed;
(3)
(A) Have a baccalaureate or postbaccalaureate
			 degree from an accredited college or university and have passed an examination
			 on state law with a score of at least 75 percent;
(B) have completed a degree-conferring
			 program from an accredited college or university and either be participating or
			 will participate in a long-term care administration or educational training
			 practicum in compliancewith K.A.R. 28-38-19(a)(2);
(C) have been previously licensed in Kansas
			 as an adult care home administrator and otherwise be eligible for
			 reinstatement; or
(D) hold a
			 license as an adult care home administrator in another state and otherwise be
			 eligible for reciprocity.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-144 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following definitions shall apply to all adult care homes
				except nursing facilities for mental health and intermediate care facilities
				for the mentally retarded.
(a)
			 "Activities director" means an individual who meets one of the following
			 requirements:
(1) Has a degree in therapeutic
			 recreation;
(2) has two years of
			 experience in a social or recreational program within the last five years, one
			 of which was full-time in a patient activities program in a health care
			 setting;
(3) is registered in
			 Kansas as an occupational therapist or occupational therapy assistant;
(4) has a bachelor's degree in a
			 therapeutic activity field in art therapy, horticultural therapy, music
			 therapy, special education, or a related therapeutic activity field; or
(5) has completed a course
			 approved by the department in resident activities coordination and receives
			 consultation from a therapeutic recreation specialist, an occupational
			 therapist, an occupational therapy assistant, or an individual with a
			 bachelor's degree in art therapy, music therapy, or horticultural therapy.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-147 - Rights of residents in adult care homes licensed as nursing facilities, assisted living facilities, residential health care facilities, home plus, boarding care homes and adult day care facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each resident shall have a right to a dignified existence,
				self-determination, and communication with and access to persons and services
				inside and outside the adult care home. Each adult care home shall protect and
				promote the rights of each resident as set forth in this regulation.
(a) Exercise of rights.
(1) The adult care home shall afford each
			 resident the right to exercise his or her rights as a resident of the adult
			 care home and as a citizen.
(2)
			 The adult care home shall afford each resident the right to be free from
			 interference, coercion, discrimination, or reprisal from the adult care home in
			 exercising the resident's rights.
(3) If a resident is adjudged incompetent
			 under the laws of the state of Kansas, the legal representative of the resident
			 shall have the power to exercise rights on behalf of the resident.
(4) In the case of a resident who has
			 executed a durable power of attorney for health care decisions, the agent may
			 exercise the rights of the resident to the extent provided by
			 K.S.A.
			 58-625 through 632.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-148 - Admission, transfer and discharge rights of residents in adult care homes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The adult care
			 home shall permit each resident to remain in the adult care home, and shall not
			 transfer or discharge the resident from the adult care home unless:
(1) The transfer or discharge is necessary
			 for the resident's welfare and the resident's needs cannot be met in the
			 current adult care home;
(2) the
			 safety of other individuals in the adult care home is endangered;
(3) the health of other individuals in the
			 adult care home is endangered;
(4)
			 the resident has failed, after reasonable and appropriate notice, to pay the
			 rates and charges imposed by the adult care home; or
(5) the adult care home ceases to operate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-149 - Protection of resident funds and possessions in nursing facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
The nursing facility shall have written policies and procedures
				which ensure the security of residents' possessions and residents' funds
				accepted by the facility for safekeeping.
(a) The facility shall afford each resident
			 the right to manage the resident's own financial affairs and the facility shall
			 not require any resident to deposit the resident's personal funds with the
			 facility.
(b) Upon written
			 authorization of a resident, the resident's legal representative or power of
			 attorney or an individual who has been appointed conservator for the resident,
			 the facility shall hold, safeguard, manage, and account for the personal funds
			 of the resident deposited with the facility.
(c) The facility shall establish and maintain
			 a system that assures a full, complete, and separate accounting, according to
			 generally accepted accounting principles, of each resident's personal funds
			 entrusted to the facility on the resident's behalf.
(1) The facility shall designate in writing
			 the person responsible for the accounting system.
(2) A record shall be made each time there is
			 a disbursement or addition to the resident's personal fund.
(3) The facility shall provide a written
			 report which includes accounting for all transactions and which states the
			 current fund balance to the resident or the resident's legal representative at
			 least quarterly.
(4) The facility
			 shall deposit any resident's funds in excess of $50 in one or more interest
			 bearing accounts which are separate from any of the facility's operating
			 accounts, and which credit all interest when earned on the resident's account
			 to the personal account of the resident.
(5) All resident funds deposited by the
			 facility shall be deposited in a Kansas financial institution.
(6) Within 30 days after the death of a
			 resident with personal funds deposited with the facility, the facility shall
			 convey the resident's funds and a final accounting of those funds to the
			 individual or probate jurisdiction administering the resident's estate.
(7) The facility shall purchase a
			 surety bond to assure the security of all residents' personal funds deposited
			 with the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-150 - Resident behavior and nursing facility practices

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Restraints. The
			 resident shall be free from any physical restraints imposed or
			 psychopharmacologic drugs administered for the purposes of discipline or
			 convenience, and not required to treat the resident's medical symptoms.
(1) When physical restraints are used there
			 shall be:
(A) a written physician's order
			 which includes the type of restraint to be applied, the duration of the
			 application and the justification for the use of the restraint;
(B) evidence that at least every two hours
			 the resident is released from the restraint, exercised, and provided the
			 opportunity to be toileted;
(C)
			 regular monitoring of each resident in restraints at intervals of at least 30
			 minutes;
(D) documentation in the
			 resident's clinical record which indicates that less restrictive methods to
			 ensure the health and safety of the resident were not effective or appropriate;
			 and
(E) evaluation of the
			 continued necessity for the physical restraint at least every three months and
			 more frequently when there is a significant change in the resident's condition.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-151 - Resident assessment

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall conduct at the time of admission,
				and periodically thereafter, a comprehensive assessment of a resident's needs
				on an instrument approved by the secretary of health and environment.
(a) The comprehensive assessment shall
			 include at least the following information:
(1) Current medical condition and prior
			 medical history;
(2) measurement
			 of the resident's current clinical status;
(3) physical and mental functional status;
(4) sensory and physical
			 impairments;
(5) nutritional
			 status and impairments;
(6)
			 special treatments and procedures;
(7) mental and psychosocial status;
(8) discharge potential;
(9) dental condition;
(10) activities potential;
(11) rehabilitation potential;
(12) cognitive status; and
(13) drug therapy.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-152 - Quality of care

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each resident shall receive and the nursing facility shall
				provide the necessary care and services to attain or maintain the highest
				practicable physical, mental, and psychosocial well-being in accordance with
				the comprehensive assessment and the plan of care.
(a) Activities of daily living. Based on the
			 comprehensive assessment of the resident, the facility shall ensure all of the
			 following:
(1) Each resident's abilities in
			 activities of daily living improve or are maintained except as an unavoidable
			 result of the resident's clinical condition. This shall include the resident's
			 ability to perform the following:
(A) Bathe;
(B) dress and groom;
(C) transfer and ambulate;
(D) toilet;
(E) eat; and
(F) use speech, language, or other functional
			 communication systems.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-153 - Quality of life

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall care for its residents in a manner
				and in an environment that promotes maintenance or enhancement of each
				resident's quality of life.
(a)
			 Dignity. Each facility shall promote respect of each resident and shall fully
			 recognize each resident's individuality.
(b) Self-determination and participation. The
			 nursing facility shall afford each resident the right to:
(1) Choose activities, schedules, and health
			 care consistent with resident's interests, assessments and care plans;
(2) interact with members of the
			 community both inside and outside the facility; and
(3) make choices about aspects of the
			 resident's life that are significant to the resident.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-154 - Nursing services

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nursing facility shall have sufficient nursing staff to
				provide nursing and related services to attain or maintain the highest
				practicable physical, mental, and psychosocial well-being of each resident as
				determined by resident assessments and individual plans of care.
(a) Sufficient staff. The facility shall
			 employ sufficient numbers of each of the following types of personnel to
			 provide nursing care to all residents in accordance with each resident's
			 comprehensive assessment and care plan.
(1)
			 The nursing facility shall employ full-time a director of nursing who is a
			 registered nurse. The director of nursing shall have administrative authority
			 over and responsibility for the functions and activities of the nursing staff.
(2) A registered nurse shall be on
			 duty at least eight consecutive hours per day, seven days per week. The
			 facility may include the director of nursing to meet this requirement.
(3) A licensed nurse shall be on
			 duty 24 hours per day, seven days per week.
(A) On the day shift there shall be the same
			 number of licensed nurses on duty as there are nursing units.
(B) If a licensed practical nurse is the only
			 licensed nurse on duty, a registered nurse shall be immediately available by
			 telephone.
(4) At least
			 two nursing personnel shall be on duty at all times in the facility. Personnel
			 shall be immediately accessible to each resident to assure prompt response to
			 the resident call system and necessary action in the event of injury, illness,
			 fire, or other emergency.
(5) The
			 nursing facility shall not assign nursing personnel routine housekeeping,
			 laundry, or dietary duties.
(6)
			 Direct care staff shall wear identification badges to identify name and
			 position.
(7) The nursing facility
			 shall ensure that direct care staff are available to provide resident care in
			 accordance with the following minimum requirements.
(A) Per facility, there shall be a weekly
			 average of 2.0 hours of direct care staff time per resident and a daily average
			 of not fewer than 1.85 hours during any 24 hour period. The director of nursing
			 shall not be included in this computation in facilities with more than 60 beds.
(B) The ratio of nursing personnel
			 to residents per nursing unit shall not be fewer than one nursing staff member
			 for each 30 residents or for each fraction of that number of residents.
(C) The licensing agency may
			 require an increase in the number of nursing personnel above minimum levels
			 under certain circumstances. The circumstances may include the following:
(i) location of resident rooms;
(ii) locations of nurses' stations;
(iii) the acuity level of
			 residents; or
(iv) that the health
			 and safety needs of residents are not being met.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-155 - Physician services

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each resident in a nursing facility shall be admitted and shall
				remain under the care of a physician.
(a) The facility shall ensure that both of
			 the following conditions are met:
(1) The
			 medical care of each resident is supervised by a physician.
(2) Another physician supervises the medical
			 care of residents when the resident's attending physician is not available.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-156 - Pharmacy services

Current through Register Vol. 43, No. 28, July 11,
			 2024
The nursing facility shall provide pharmaceutical services
				including policies and procedures that assure the accurate acquisition,
				receipt, and administration of all drugs and biologicals to meet the needs of
				each resident.
(a) Supervision by a
			 licensed pharmacist.
(1) A pharmacist shall
			 develop, coordinate, and supervise all pharmacy services.
(2) The pharmacist shall perform a monthly
			 review of the methods, procedures, storage, administration, disposal, and
			 record-keeping of drugs and biologicals.
(3) The pharmacist shall prepare a written
			 report which includes recommendations for the administrator after each monthly
			 review.