reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1269 - Animals

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each permittee and each licensee shall ensure that the
				following requirements are met for any animals on the facility premises:
(a) If any animals are kept on the facility
			 premises, the pet area shall be maintained in a sanitary manner, with no
			 evidence of flea, tick, or worm infestation.
(b) No animal shall be in the food
			 preparation area.
(c) Each
			 domesticated dog and each domesticated cat shall have a current rabies
			 vaccination given by a veterinarian. A record of all vaccinations shall be kept
			 on file in the facility.
(d) Each
			 permittee and each licensee shall ensure that each animal that is in contact
			 with any resident meets the following conditions:
(1) Is in good health, with no evidence of
			 disease; and
(2) is friendly and
			 poses no threat to the health, safety, and welfare of residents.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1300 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of
				K.A.R.
				28-4-1300 through
				K.A.R.
				28-4-1318, the following terms shall have the
				meanings specified in this regulation:
(a) "Apgar scores" means a measure of a
			 newborn's physical condition at one, five, and 10 minutes after
			 birth.
(b) "Applicant" means a
			 person who has applied for a license but who has not yet been granted a license
			 to operate a birth center. This term shall include an applicant who has been
			 granted a temporary permit to operate a birth center.
(c) "Birthing room" means a room designed,
			 equipped, and arranged to provide for the care of a patient, a newborn, and the
			 patient's support person or persons during and following childbirth.
(d) "Certified midwife" means an individual
			 who is educated in the discipline of midwifery and who is currently certified
			 by the American college of nurse-mid-wives or the American midwifery
			 certification board, inc.
(e)
			 "Certified nurse-midwife" means an individual who meets the following
			 requirements:
(1) Is educated in the two
			 disciplines of nursing and midwifery;
(2) is currently certified by the American
			 college of nurse-midwives or the American midwifery certification board, inc;
			 and
(3) has a current nursing
			 license in Kansas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1301 - Applicant and licensee requirements

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each applicant, if an individual, shall
			 be at least 21 years of age at the time of application.
(b) Each applicant and each licensee, if a
			 corporation, shall be in good standing with the Kansas secretary of state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1302 - Application procedures

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 person, in order to obtain a license, shall submit a complete application on
			 the form provided by the department. The application shall be submitted at
			 least 90 calendar days before the planned opening date of the birth center and
			 shall include all of the following:
(1) A
			 detailed description of the services to be provided;
(2) a detailed floor plan and site plan for
			 the premises to be licensed; and
(3) the nonrefundable license fee specified
			 in K.A.R. 28-4-92 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1303 - Terms of a temporary permit or a license

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) License capacity. The maximum number of
			 patients authorized by a temporary permit or a license shall not be
			 exceeded.
(b) Posting temporary
			 permit or license. The current temporary permit or the current license shall be
			 posted conspicuously within the birth center.
(c) Validity of temporary permit or a
			 license. Each temporary permit or license shall be valid for the applicant or
			 licensee and the address specified on the temporary permit or the license. When
			 an initial or amended license becomes effective, all temporary permits or
			 licenses previously granted to the applicant or licensee at the same address
			 shall become invalid.
(d)
			 Advertising. The advertising for each birth center shall conform to the
			 statement of services included with the application. A claim for specialized
			 services, even if specified on the application for a birth center, shall not be
			 made unless the birth center is staffed and equipped to offer those services.
			 No general claim of being "state-approved" shall be made until the applicant
			 has been issued a temporary permit or a license by the secretary.
(e) Withdrawal of application or request to
			 close. Any applicant may withdraw the application for a license. Any licensee
			 may, at any time, request to close a birth center. If an application is
			 withdrawn or a birth center is closed, each temporary permit or license granted
			 for that birth center shall become invalid.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1304 - Temporary permit or license; amended license; exceptions; notification; renewal

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Temporary permit or license required. Each person shall obtain a temporary
			 permit or a license from the secretary to operate a birth center before
			 providing any birth center services.
(b) New temporary permit or license required.
			 Each applicant or licensee shall submit a new application, the required
			 verifications and documentation, and license fee and shall obtain a temporary
			 permit or a license from the secretary under any of the following
			 circumstances:
(1) Before a birth center that
			 has been closed is reopened;
(2) if
			 there is a change in the location of the birth center; or
(3) if there is a change of ownership of the
			 birth center.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1305 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall be responsible for the operation of the birth center, including the
			 following:
(1) Establishing and maintaining a
			 written organizational plan, including an organizational chart designating the
			 lines of authority;
(2) providing
			 employees, facilities, equipment, supplies, and services to patients, newborns,
			 and families;
(3) developing and
			 implementing administrative policies and procedures for the operation of the
			 birth center;
(4) developing and
			 implementing policies and procedures for quality assurance;
(5) appointing an administrator to oversee
			 the operation of the birth center;
(6) appointing a clinical director and hiring
			 employees;
(7) appointing an acting
			 clinical director to provide direction and oversight of clinical services in
			 the absence of the clinical director; and
(8) documenting all of the information
			 specified in this subsection.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1306 - Clinical staff member qualifications; employee schedules; training

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Clinical staff
			 member qualifications. Each licensee shall ensure that the following
			 requirements for the clinical staff members are met:
(1) The clinical director and the acting
			 clinical director shall be one of the following:
(A) A physician with a current license to
			 practice in Kansas; or
(B) a
			 certified nurse-midwife.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1307 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Policies and
			 procedures. Each licensee shall ensure that there is an organized
			 re-cordkeeping system, with policies and procedures that provide for
			 identification, security, confidentiality, control, retrieval, and preservation
			 of all employee records, patient records, and birth center information. All
			 records shall be available at the birth center for review by the
			 secretary.
(b) Employee records.
			 Each licensee shall ensure that an individual record is maintained at the birth
			 center for each employee that includes the following information:
(1) A description of the terms of employment
			 or the volunteer agreement and a copy of the job description;
(2) a copy of the job application detailing
			 the employee's qualifications and employment dates;
(3) copies of current professional licenses,
			 certifications, or registrations;
(4) documentation of the results of any
			 health assessments and tuberculin tests specified in K.A.R. 28-4-1312
			 ;
(5) documentation of the
			 orientation and the in-service training specified in K.A.R. 28-4-1306 ;
			 and
(6) documentation that each
			 employee has access to the following:
(A) The
			 current regulations governing birth centers; and
(B) the birth center policies, procedures,
			 and clinical protocols.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1308 - Reporting requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 licensee shall ensure that the following incidents are reported to the
			 department by the next working day, on a form provided by the department, and
			 to any other authorities in accordance with state statute:
(1) A stillbirth or the death of a patient or
			 a newborn;
(2) the death of an
			 employee while on duty;
(3) any
			 intentional or unintentional injuries sustained by any patient, newborn, or
			 employee while on duty;
(4) any
			 fire damage or other damage to the premises that affects the safety of any
			 patient, newborn, or employee; and
(5) any other incident that, in the judgment
			 of the clinical director or the acting clinical director, compromises the
			 ability of the birth center to provide appropriate and safe care to patients
			 and newborns.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1309 - Quality assurance

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 licensee shall develop and implement a quality assurance program to evaluate,
			 at least annually, the quality of patient care and the appropriateness of
			 clinical services.
(b) The quality
			 assurance program shall include a system for the assessment of patient and
			 newborn outcomes, clinical protocols, recordkeeping, and infection
			 control.
(c) The quality assurance
			 findings shall be documented and used for the ongoing assessment of clinical
			 services, problem resolution, and plans for service improvement.
(d) All quality assurance findings shall be
			 available at the birth center for review by the secretary. Nothing in this
			 regulation shall preclude the review of patient records by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1310 - Clinical services and patient care

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each licensee shall ensure that the
			 clinical services provided at the birth center are limited to those services
			 associated with a normal, uncomplicated pregnancy and a normal, uncomplicated
			 delivery.
(b) Each licensee shall
			 ensure that only the clinical services approved by the clinical director are
			 performed at the birth center.
(c)
			 Each clinical staff member providing services shall work under the direction of
			 and in consultation with the clinical director or the acting clinical
			 director.
(d) Each clinical staff
			 member shall have access to patient diagnostic facilities and services,
			 including a clinical laboratory, sonography, radiology, and electronic
			 monitoring.
(e) Each licensee shall
			 make available to each patient, in writing, information concerning the
			 following:
(1) The clinical services provided
			 by the birth center;
(2) the rights
			 and responsibilities of the patient and the patient's family, including
			 confidentiality, privacy, and consent;
(3) information on the qualifications of the
			 clinical staff members;
(4) the
			 risks and benefits of childbirth at the birth center;
(5) the possibility of patient or newborn
			 transfer if complications arise during pregnancy, labor, or delivery and the
			 procedures for transfer; and
(6) if
			 a fetal death occurs, the patient's options for the taking or disposition of
			 the fetal remains.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1311 - Transfers

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall develop and implement policies, procedures, and clinical protocols for
			 the transfer of patients and newborns. Each licensee shall ensure that these
			 policies, procedures, and clinical protocols are readily accessible and
			 followed.
(b) The policies,
			 procedures, and clinical protocols shall include a written plan on file
			 designating who will be responsible for the transfer of a patient or newborn.
			 The plan shall include the following:
(1)
(A) A written agreement with an obstetrician
			 and a pediatrician or with a group of practitioners that includes at least one
			 obstetrician and at least one pediatrician; or
(B) a written agreement with a medical care
			 facility providing obstetrical and neonatal services; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1312 - Health-related requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Tobacco use prohibited. Each licensee shall ensure that tobacco products are
			 not used at any time in the birth center.
(b) Health of licensee and employees working
			 in the birth center.
(1) Each licensee, if an
			 individual, and each individual working at the birth center shall meet the
			 following requirements:
(A) Be free from
			 physical, mental, and emotional conditions to the extent necessary to protect
			 the health, safety, and welfare of the patients and newborns;
(B) be free from the influence of alcohol or
			 illegal substances, or impairment due to the use of prescription or
			 nonprescription drugs; and
(C) be
			 free from all infectious or contagious diseases, as specified in K.A.R. 28-1-6
			 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1313 - Environmental standards

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Premises.
(1) Each licensee shall ensure that
			 the birth center is connected to public water and sewerage systems where
			 available.
(2) If a center uses a
			 nonpublic source for the water supply, the water shall be safe for drinking and
			 shall be tested annually by a department-certified laboratory. If a well is
			 used, the well shall be approved by an agent of the local environmental
			 protection program (LEPP).
(A) A copy of the
			 test results and the approval shall be kept on file at the birth
			 center.
(B) Each private sewerage
			 system shall be maintained in compliance with all applicable state and local
			 laws.
(3) Outdoor areas
			 on the premises shall be well drained and kept free of hazards, litter, and
			 trash.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1314 - Birth center and birthing room furnishings, equipment, and supplies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall provide furnishings, equipment, and other supplies in the quantity
			 necessary to meet the needs of patients, newborns, and employees and to provide
			 a safe, homelike environment.
(b)
			 Each licensee shall provide the specialized furnishings, equipment, and
			 supplies necessary for the clinical staff members to perform the clinical
			 services offered by the birth center. No specialized clinical services shall be
			 provided unless the birth center is equipped to allow the clinical staff
			 members to safely perform those services.
(c) All furnishings, equipment, and supplies
			 shall be kept clean and free from safety hazards.
(d) The furnishings shall include, at a
			 minimum, the following:
(1) A bed or table for
			 delivery;
(2) at least one chair;
			 and
(3) a wall clock with a second
			 hand.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1315 - Maintenance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall ensure that the building is kept clean at all times and free from
			 accumulated dirt and from vermin infestation.
(b) Each licensee shall develop and implement
			 a maintenance plan to ensure that all of the following conditions are met:
(1) A schedule for cleaning the birth center
			 is established.
(2) All floors and
			 walking surfaces are kept free of hazards, maintained in good repair, and kept
			 clean at all times.
(3)
			 Housekeeping services are provided to maintain a sanitary
			 environment.
(4) Each birthing
			 room, including equipment, is cleaned after each delivery and before
			 reuse.
(5) The toilets, lavatories,
			 sinks, and other facilities are clean at all times.
(6) The mops and other cleaning tools are
			 cleaned after each use and stored in a well-ventilated place on
			 racks.
(7) All pesticides and other
			 poisons are used in accordance with product instructions and stored in a locked
			 area.
(8) Safe storage for cleaning
			 and laundry supplies is provided.
(9) Each indoor trash container is emptied,
			 as needed, to control odor and to prevent the overflowing of
			 contents.
(10) The methods used to
			 dispose of trash, including biomedical waste, human tissue, and sharp
			 instruments, are safe and sanitary.
(11) Hot and cold running water is supplied
			 to each sink and all bathing facilities.
(12) The hot water temperature does not
			 exceed 120 degrees Fahrenheit.
(13)
			 Toilet paper, soap, and either paper towels or hand dryers are available in
			 each restroom and each bathroom in the birth center.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1316 - Safety

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall ensure the safety of all patients, newborns, employees, and visitors
			 according to the following requirements:
(1)
			 Each birth center shall have a working telephone on the premises and available
			 for use at all times. Emergency telephone numbers shall be posted by each
			 telephone or shall be readily accessible. These telephone numbers shall include
			 telephone numbers for the fire department, hospital, ambulance, and
			 police.
(2) Each exit shall be
			 marked. No exit shall be blocked at any time.
(3) All drugs, chemicals, and medications
			 shall be kept in locked storage and secured in specifically designated and
			 labeled cabinets, drawers, closets, storerooms, or refrigerators and shall be
			 made accessible only to authorized employees.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1317 - Food service

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each
			 licensee shall ensure that the birth center has arrangements to provide
			 patients with nutritious liquids and foods. Foods may be provided by means of
			 any of the following:
(1) Obtained from a food
			 service establishment or a catering service licensed by the secretary of the
			 Kansas department of agriculture;
(2) prepared on-site by employees;
			 or
(3) provided by any patient's
			 family for the sole use of that patient and the patient's family.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1318 - Laundry

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) If laundry
			 is done at the birth center, the laundry sinks, appliances, and countertops or
			 tables used for laundry shall be located in an area separate from food
			 preparation areas and shall be installed and used in a manner that safeguards
			 the health and safety of the patients, new-borns, employees, and
			 visitors.
(b) Space shall be
			 provided and areas shall be designated for the separation of clean and soiled
			 clothing, linen, and towels.
(c) If
			 laundry facilities are not available at the birth center, all laundry shall be
			 cleaned by a commercial laundry.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-1400 - Grant program application and procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following portions of the document titled "Senator Stan
				Clark pregnancy maintenance initiative grant program application and program
				procedures," published by the Kansas department of health and environment and
				dated May 26, 2005, are hereby adopted by reference:
(a) Section one, paragraph (D), "funding,
			 match and grant period";
(b)
			 subparagraphs (1), (2), and (3) of section one, paragraph (E), "eligible
			 applicants";
(c) section two,
			 "program requirements"; and
(d)
			 section five, "competitive application and review process."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-2 - Location of wastewater disposal systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
No person, company, corporation, association, or institution
				shall construct, maintain, use, or permit to be constructed or maintained any
				wastewater disposal system into which domestic wastewater is drained, within 50
				feet of any water well or spring; nor shall any such wastewater disposal system
				be drained or permitted to drain into any stream, ditch, or the ground surface.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-3 - Drains

Current through Register Vol. 43, No. 28, July 11,
			 2024
All drains carrying domestic sewage, human or animal excreta
				located within 50 feet of a source of water supply shall be watertight.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-4 - Public health nuisances

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following conditions and practices are declared to be
				public nuisances hazardous to public health and local boards of health are
				directed to order their abatement whenever they are called to their attention
				by the state department of health and environment or any citizen of the state.
(1) Any privy, privy vault, or other
			 place used for the deposit of human excreta which permits animals or insects
			 access to the excreta, which produces foul or objectionable odors, or is
			 located so as to make pollution of a domestic water supply probable.
(2) The collection or accumulation of any
			 organic materials such as swill, meat scraps, dead fish, shells, bones,
			 decaying vegetables, dead carcasses, human or animal excrement, or any kind of
			 offal that may decompose and create an attraction or breeding place for flies,
			 mosquitoes or rodents.
(3) Any
			 domestic animal pen that pollutes a domestic water supply, underground
			 waterbearing formation; or stream in a manner that is hazardous to human
			 health; or is maintained in a manner that creates a fly attraction or breeding
			 place for flies or mosquitoes; or is a rodent harborage or breeding place.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-5 - Discharge of domestic sewage into wells, pits, or sub-surface excavations prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
No person, company, corporation or institution shall excavate,
				drill, construct or use or permit to be constructed or used any well, pit, mine
				shaft, or subsurface excavation for the disposal of untreated or inadequately
				treated domestic sewage.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-6 - Discharge of domestic wastes

Current through Register Vol. 43, No. 28, July 11,
			 2024
All domestic wastes from sanitary fixtures located in any
				dwelling, shop, school, or other building used as a home or meeting place for
				humans shall be discharged into a public sewer system approved by the Kansas
				department of health and environment, or into a private sewer system approved
				by the Kansas department of health and environment or the appropriate local
				authority.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-7 - Private sewer systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
All private sewer systems shall be located, designed, and
				operated in accordance with standards set forth in county sanitary codes
				approved by the Kansas department of health and environment before July 1,
				1997, or in the absence of such codes, with standards set forth in the Kansas
				department of health and environment bulletin 4-2, "Minimum Design Standards
				for Onsite Wastewater Systems," revised March, 1997.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 5 - SEWAGE AND EXCRETA DISPOSAL › Section 28-5-9 - Variance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) In counties with no locally adopted
			 sanitary code, a variance from requirements of K.A.R. 28-5-2 through K.A.R.
			 28-5-7 may be granted by the Kansas department of health and environment, if
			 the following conditions are met.
(A) The
			 features of the site for which the variance is requested are not compatible
			 with requirements of the regulations.
(B) Alternate methods are available that will
			 attain the objectives of the regulations.
(C) The variation from the regulations will
			 not adversely affect public health or the environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-1 - Burial structure above ground

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any person, firm or corporation desirous of constructing any
				burial structure which shall be wholly or in part above ground shall apply to
				the Kansas state department of health for a permit for such construction.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-2 - Application for permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
Application for permits for such construction shall be made on
				forms furnished by the state department of health and shall be accompanied by
				detailed plans and specifications in triplicate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-3 - Secretary issue permit in triplicate

Current through Register Vol. 43, No. 28, July 11,
			 2024
On approval of said plans and specifications for the proposed
				burial structure by the engineer of the department, the secretary shall issue a
				permit in triplicate for the construction, and shall send two copies of the
				permit, approved plans and specifications to the party who makes application,
				and retain one copy for the files of the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-4 - Embalming of dead bodies

Current through Register Vol. 43, No. 28, July 11,
			 2024
No dead body shall be interred or deposited in any public
				mausoleum or private mausoleum of more than two crypts unless the body has
				first been embalmed in compliance with recognized embalming practice.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-5 - Details of burial structures

Current through Register Vol. 43, No. 28, July 11,
			 2024
In the design of burial structures the following details must
				be included:
(a) The structure must
			 be so designed that each cell or crypt shall be readily accessible for
			 inspection by persons authorized to make such inspection before final
			 interment.
(b) Each crypt shall be
			 so designed that it can be sealed to prevent odors from reaching the public
			 space or corridor of the mausoleum.
(c) In case a ventilation and drainage system
			 is provided, the system must be one acceptable to the department. The minimum
			 size of pipes for either ventilation or drainage shall be 1 1/2 inches and the
			 ventilation or drainage from one crypt shall not pass through another.
(d) In case a sealed crypt is used
			 without pipes for drainage or ventilation the inner surface of the crypt and
			 crypt sealing slab shall be made air and moisture proof by a protective coating
			 of an approved paint. A paint having a bituminous base is recommended and if
			 necessary to proper drying and bonding to the concrete surface, it shall be
			 applied hot.
(e) No live air
			 spaces smaller in size than will allow for thorough inspection and repairing of
			 joints from the inside of said air spaces will be allowed, except the pipes for
			 ventilation and drainage of crypts.
(f) Hollow walls shall be sealed so as to
			 make the air space "dead."
(g) Any
			 burial structure intended for public or community use shall be provided with
			 some type of heating system acceptable to the department.
(h) In the case of public mausoleums, or
			 those with a corridor or chapel, suitable ventilation, independent of the
			 above, and directly connected to the outside air, shall be provided.
(i) Special attention will be given to such
			 details as: Depth and width of foundations; size and spacing of reinforcing
			 steel; materials and methods used in construction of roof; permanence of
			 material used for exterior of walls as determined by these for absorption of
			 moisture; materials used for window and door sash, grills, gates, etc.;
			 materials and method used in anchoring or tying walls together where they are
			 made up of two or more independent walls, materials for concrete plaster,
			 mortar, etc.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-6 - Individual mausoleums; approval of plans, specifications and testing of materials

Current through Register Vol. 43, No. 28, July 11,
			 2024
In the case of individual mausoleums, the permits issued by the
				department shall be a license to manufacture. Any deviations from the approved
				plans and specifications must be approved in writing by the engineer for the
				department. Inspections will be made of the manufacturing processes and of
				field installations with special attention being given to all factors which
				affect the permanence of the structures. When necessary to determine the
				permanence, all or any part of one or more mausoleums, or test specimens from
				the mixes used, shall be delivered to a laboratory for testing. The
				transportation and testing shall be an expense of the manufacturer and shall be
				done as directed by the engineer for the department. Permanent identification
				of the manufacturer shall be stamped in an accessible place on the cover and
				the vault along with the date of manufacture. Such other records shall be kept
				as are found necessary by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-7 - Individual mausoleums; replacement of structure or parts thereof

Current through Register Vol. 43, No. 28, July 11,
			 2024
Whenever the failure of one of these mausoleums causes
				offensive odors or effluvia to arise therefrom, and such failure comes to the
				attention of the department, the manufacturer shall be required to replace or
				repair the structure or the defective portion.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 9 - CONSTRUCTION, MAINTENANCE AND USE OF MAUSOLEUMS › Section 28-9-8 - Individual mausoleums; revocation of permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
The permit may be revoked for cause upon notice to the
				manufacturer by the secretary of the board.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 12 - PATHOGENIC MICROORGANISMS › Section 28-12-1 - Distribution and use of live pathogenic microorganisms

Current through Register Vol. 43, No. 28, July 11,
			 2024
No pathogenic microorgamisms and/or vectors shall be purchased
				or obtained either interstate or intrastate by persons for use at the
				highschool level (no exceptions). For this purpose the terms pathogenic
				microorganisms and vectors are defined as, "all cultures or collection or [of]
				microorganisms or their derivatives, which may introduce or disseminate any
				contagious or infectious disease of man or animals," and "all animals
				(including poultry) such as mice, pigeons, guinea pigs, rats, ferrets, rabbits,
				chickens, dogs, and the like which have been inoculated with infectious
				organisms, or which are diseased or infected with any contagious, infectious,
				or communicable disease of humans, animals or poultry, or which have been
				exposed to any such diseases."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-1 - Scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
This article regulates the construction and use of underground
				storage reservoirs and the construction and use of disposal wells and surface
				ponds for the confinement, storage and disposal of industrial fluids including
				but not limited to brines, but does not include regulations pertaining to oil
				field activities described in L. 1965, ch. 506, section 1 (4) (p).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-2 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) Underground
			 storage reservoir. An underground storage reservoir is hereby defined as any
			 naturally occurring or artificially produced subsurface cavity in which
			 petroleum products, acids, radioactive materials, or fluid or gaseous products
			 are stored.
(B) Surface pond. The
			 term surface pond as used herein is defined as any constructed, excavated or
			 naturally occurring area used for the storage, confinement or treatment of
			 industrial waste waters, salt water or other highly mineralized waters.
(C) Disposal well. The term
			 disposal well as used herein is defined as any well which receives industrial
			 waste waters, both organic and inorganic, salt water or other highly
			 mineralized waters for disposal into underground formations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-3 - Plans and specifications for underground reservoirs

Current through Register Vol. 43, No. 28, July 11,
			 2024
Plans and specifications for the storage of petroleum products,
				acids, radioactive materials, or other fluid or gaseous products in underground
				reservoirs shall be submitted to the chief engineer for the board and approved
				prior to construction or development of the reservoir.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-4 - Maintenance of certain records and reports of malfunctions required for underground reservoirs

Current through Register Vol. 43, No. 28, July 11,
			 2024
Operators of underground reservoirs shall maintain a permanent
				record of the type and quantity of all products stored therein, and a
				continuous record of the injection pressures, and shall report immediately to
				the chief engineer for the board any failures or defects in the underground
				reservoir.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-5 - Permits required for all surface ponds

Current through Register Vol. 43, No. 28, July 11,
			 2024
The storage, confinement or disposal of industrial waste
				waters, salt water or other highly mineralized waters in surface ponds shall be
				prohibited unless a permit for such storage or disposal shall first be obtained
				from the state department of health.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-6 - Applications for pond permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
Applications for permits for surface ponds shall be submitted
				in duplicate to the chief engineer for the board on forms obtainable from his
				office.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-7 - Approval or denial of applications

Current through Register Vol. 43, No. 28, July 11,
			 2024
Applications for permits to use surface ponds will be approved
				or denied within ten days from date of receipt of the application, information
				and supporting plans, specifications and other required documents, by the state
				department of health. Failure by the department to act upon an application
				within ten days subsequent to such receipt shall serve as an automatic issuance
				of a permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 13 - UNDERGROUND STORAGE, DISPOSAL WELLS AND SURFACE PONDS › Section 28-13-9 - Removal of material from surface ponds upon abandonment or revocation of pond permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
Upon abandonment of a surface pond or the revocation of a pond
				permit, the operator shall dispose of the industrial waste water, salt water or
				other highly mineralized waters in a manner acceptable to the Kansas state
				department of health.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 14 - COLLECTION AND ANALYSIS OF WATER AND PUBLIC WATER SUPPLIES › Section 28-14-1 - Fees for analysis of samples from public water supply systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
All laboratory analyses conducted in the office of laboratory
				services of the Kansas department of health and environment shall require
				payment as specified in
				K.A.R.
				28-14-2, except for analyses requested by
				department staff. The fee for any analysis not specified in
				K.A.R.
				28-14-2 shall be based on the cost of the
				analysis as determined by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 15 - APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY › Section 28-15-12 - Public water supply fee fund

Current through Register Vol. 43, No. 28, July 11,
			 2024
On and after January 1, 1993, each public water supply shall
				pay a fee of $0.002 per 1,000 gallons of water sold at retail and delivered
				through mains, lines or pipes.
(a)
			 The fee shall be paid to the Kansas department of revenue on forms supplied by
			 the director of taxation in the same manner as the water protection fee
			 authorized by
			 K.S.A.
			 82a-954 and amendments thereto.
(b) The public water supplier may collect the
			 fee directly from each customer to which water is sold at retail or may pay the
			 amount owed from moneys in its operating fund or other fund available for that
			 purpose.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 15 - APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY › Section 28-15-16 - Permit requirements for public water supply systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person who
			 operates a public water supply system shall be required to have a permit issued
			 by the secretary.
(b) Each
			 application for a public water supply permit shall be submitted for review and
			 consideration for approval and shall be required to be approved before the use
			 of a source of water supply or the construction of any of the following:
(1) New sources;
(2) pumping facilities;
(3) finished water storage facilities;
(4) water treatment plants,
			 facilities, or systems;
(5)
			 distribution systems and extensions to existing distribution systems; or
(6) chemical storage, handling,
			 and application facilities.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 15 - APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY › Section 28-15-17 - Siting requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
A new or expanded facility shall not be initiated or
				constructed at a site which the department determines:
(a) Is subject to a significant risk from
			 earthquakes, floods, fires or other disasters which could cause a breakdown of
			 the public water supply system or a portion of it;
(b) Except for intake structures, is within
			 the floodplain of a one-hundred (100) year flood; and is lower than the
			 recorded high water level where appropriate records exist; or
(c) Is adjacent to a major source of
			 pollution, which the department determines has a potentially adverse influence
			 on the water supply.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 15 - APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY › Section 28-15-18 - Operation and maintenance requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each person that operates a public water
			 supply system shall ensure that the system is operated, maintained, and
			 supervised by certified personnel pursuant to
			 K.S.A.
			 65-4501 through
			 65-4517, and
			 amendments thereto.
(b) Each person
			 that operates a public water supply system shall immediately notify the
			 department and responsible local officials of any situation with the water
			 system, including a major breakdown or serious loss of water service, that
			 presents or could present an imminent and substantial endangerment to
			 health.
(c) Each person that
			 operates a community water supply system shall prepare an emergency operations
			 plan to safeguard the water supply for the protection of the public if natural
			 or man-made disasters occur. Each emergency operations plan shall be submitted
			 to the secretary for review and consideration for approval to ensure that the
			 plan is protective of public health, safety, and the environment.
(d) Newly constructed or repaired water
			 distribution mains and finished water storage facilities shall be flushed and
			 disinfected before use.
(e) Each
			 community water supply system shall be operated and maintained to provide a
			 minimum positive pressure of 20 psi (140 kN/m2)
			 throughout the entire distribution system except under extraordinary conditions
			 including unusual peak fire flow demand and major distribution system
			 breaks.
(f) Each person that
			 operates a community water supply system and each person that operates a
			 high-risk non-community system designed by the department shall have a regular
			 program for the detection and elimination of cross-connections and prevention
			 of backflow and backsiphonage.
(g)
			 Each finished water reservoir shall be covered by a permanent protective
			 material and shall be vented and screened.
(h) Public water supply system components and
			 protective coatings in contact with water intended for public consumption, and
			 chemicals used in the treatment of water, shall be used to ensure the
			 protection of public health and the environment.
(i) Each person that operates a public water
			 supply system shall respond in writing no later than 30 days after receipt of a
			 sanitary survey report describing how and on what schedule the system will
			 address significant deficiencies identified in the survey.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 15 - APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY › Section 28-15-19 - Disinfection of drinking water

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 All drinking water supplied to the public from a public water supply system
			 shall be disinfected.
(b) A
			 sufficient amount of chlorine shall be added to the water to maintain a
			 chlorine residual of at least 0.2 mg/l of free chlorine or 1.0 mg/l of total
			 chlorine throughout the entire distribution system.
(1) Failure to maintain a residual as
			 specified in this subsection in more than five percent of measurements taken
			 each month, in any two consecutive months, shall be a violation of this
			 regulation.
(2) Each day the public
			 water supply system serves water to customers, the operator shall make a
			 determination of the chlorine residual as follows:
(A) The operator shall make a daily
			 determination to ensure that the residual levels required by this subsection
			 are maintained. The operator shall vary sampling locations throughout the
			 distribution system.
(B) The
			 operator shall record and maintain data to demonstrate to the department that
			 the public water supply system is in compliance with the requirements of this
			 regulation.
(3) If the
			 chlorine residual is less than the minimum level required by this subsection,
			 the operator shall take appropriate action to increase the chlorine residual to
			 the level specified in this subsection.