Agency 28, Article 39 — LICENSURE OF ADULT CARE HOMES

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.) 907 Licensure of Adult Care Homes 28-39-144

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by K.S.A. 29-932; implementing K.S.A. 1983 Supp. 39-927, 39-930 and K.S.A. 39-932; effective May 1, 1984; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective, T-83-4, Jan. 7, 1982; effective May 1, 1982; amended, T-83-15, July 1, 1982;amendedMay1,1983;revokedNov.1,1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective, T-83-4, Jan. 7, 1982; effective May 1, 1982; amended, T-83-15, July 1, 1982;amendedMay1,1983;revokedNov.1,1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective, T-83-4, Jan. 7, 1982; effective May 1, 1982; amended, T-83-15, July 1, 1982; amended May 1, 1983; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; amend- ed, T-87-51, Dec. 19, 1986; amended May 1, 1987; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Nov. 1, 1993.) PERSONAL CARE FACILITIES 28-39-114 to 28-39-129. (Authorized by and implementing K.S.A. 39-932; effective May 1, 1982; revoked, T-88-57, Dec. 16, 1987; revoked May 1, 1988.)

(Authorized by and implement- ing K.S.A. 39-932; effective, May 1, 1982; amend- ed T-83-15, July 1, 1982; amended May 1, 1983; revoked, T-88-57, Dec. 16, 1987; revoked May 1, 1988.)

(Authorized by and implement- ing K.S.A. 39-932, effective May 1, 1982; revoked, T-88-57, Dec. 16, 1987; revoked May 1, 1988.) ONE-BED AND TWO-BED HOMES

(Authorized by K.S.A. 39-932; implementing K.S.A. 39-932, K.S.A. 1982 Supp. 39-927, 39-930; effective, T-83-4, Jan. 7, 1982; effective May 1, 1982; amended, T-83-28, Sept. 22, 1982; amended May 1, 1983; revoked May 1, 1984.)

(Authorized by and implement- ing K.S.A. 39-932; effective May 1, 1982; revoked Oct. 8, 1999.) 28-39-134 to 28-39-137. (Authorized by and implementing K.S.A. 39-932; effective, T-83- 4, Jan. 7, 1982; effective May 1, 1982; amended, T-83-28, Sept. 22, 1982; amended May 1, 1983; re…

(Authorized by K.S.A. 39-932; implementing K.S.A. 1982 Supp. 39-927, 39-930; effective, T-83-28, Sept. 22, 1982; effective May 1, 1983; revoked May 1, 1984.) 28-39-139 to 28-39-143. Authorized by and implementing K.S.A. 39-932; effective, T-83- 28, Sept. 22, 1982; effective May 1…

Definitions. The following defi- nitions shall apply to all adult care homes except nursing facilities for mental health and intermedi- ate care facilities for the mentally retarded. (a) “Activities director” means an individual who meets one of the following requirements: (1) Ha…

(Authorized by K.S.A. 39-932; implementing K.S.A. 39-927, K.S.A. 39-930 and K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997; revoked Oct. 8, 1999.)

(Authorized by K.S.A. 39-930, 39-932, and 39-933; implementing K.S.A. 39- 927, 39-930, 39-932, and 39-933; effective Oct. 8, 1999; revoked May 22, 2009.)

(Authorized by and implement- ing K.S.A. 39-954; effective Nov. 1, 1993; amend- ed Feb. 21, 1997; revoked May 22, 2009.) 28-39-147 and 28-39-148. (Authorized by and implementing K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997; revoked May 22, 2009.)

Protection of resident funds and possessions in nursing facilities. 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 eac…

Resident behavior and nurs- ing facility practices. (a) Restraints. The res- ident shall be free from any physical restraints imposed or psychopharmacologic drugs admin- istered for the purposes of discipline or conve- nience, and not required to treat the resident’s medical symp…

Resident assessment. Each nursing facility shall conduct at the time of admis- sion, and periodically thereafter, a comprehensive assessment of a resident’s needs on an instrument approved by the secretary of health and environ- ment. (a) The comprehensive assessment shall in- cl…

Quality of care. Each resident shall receive and the nursing facility shall provide the necessary care and services to attain or main- tain the highest practicable physical, mental, and psychosocial well-being in accordance with the comprehensive assessment and the plan of care. …

Quality of life. 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 res-…

Nursing services. Each nurs- ing facility shall have sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, men- tal, and psychosocial well-being of each resident as determined by resident assessments and in- divid…

Physician services. Each res- ident in a nursing facility shall be admitted and shall remain under the care of a physician. 917 Licensure of Adult Care Homes 28-39-156 (a) The facility shall ensure that both of the fol- lowing conditions are met: (1) The medical care of each resi…

Pharmacy services. The nurs- ing 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 pharm…

Specialized rehabilitation services. Each nursing facility shall provide or obtain rehabilitative services for residents, includ- ing physical therapy, speech-language pathology, audiology, and occupational therapy. (a) Provision of services. If specialized rehabilitative service…

Dietary services. The nursing facility shall provide each resident with nourish- ing, palatable, attractive, non-contaminated foods that meet the daily nutritional and special dietary needs of each resident. A facility that has a con- tract with an outside food management company…

Dental Services. Each nursing facility shall assist residents in obtaining routine and 24-hour emergency dental care. The facility shall: (a) Maintain a list of available dentists for residents who do not have a dentist; (b) assist residents, if requested or necessary, in arrangi…

Other resident services. (a) Special care section. A nursing facility may devel- op a special care section within the nursing facility to serve the needs of a specific group of residents. (1) The facility shall designate a specific portion of the facility for the special care sec…

Infection control. Each nurs- ing facility shall establish and maintain an infec- tion control program designed to provide a safe, sanitary, and comfortable environment for resi- dents and to prevent the development and trans- mission of disease and infection. (a) Each facility s…

(Authorized by and implement- ing K.S.A. 39-932; effective Nov. 1, 1993; amend- ed Feb. 21, 1997; revoked Jan. 7, 2011.) 924 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-39-162a

(Authorized by and imple- menting K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997; amended Oct. 8, 1999; revoked Jan. 7, 2011.)

(Authorized by and imple- menting K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997; revoked Jan. 7, 2011.)

(Authorized by and imple- menting K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997; amended Oct. 8, 1999; revoked Jan. 7, 2011.)

Administration. Each nursing facility shall be administered in a manner that enables it to use its resources effectively and effi- ciently to attain or maintain the highest practica- ble physical, mental, and psychosocial well-being of each resident. (a) Governing body. (1) Each …

Definitions. (a) “Adult care home” means any facility that meets the definition specified in K.A.R. 28-39-144. (b) “Clinical instruction” means training in which the trainee demonstrates knowledge and skills while performing tasks on an individual un- der the direct supervision o…

Nurse aide training program. (a) Requirements. Unlicensed employees who provide direct individual care to residents shall be required to perform the following: (1) Successfully complete at least a 90-hour nurse aide course that has been approved by the secretary; and (2) pass a s…

Nurse aide course instructor. (a) Approval and qualifications. (1) Each person who intends to be a course in- structor shall submit a completed instructor ap- proval application form to the department at least three weeks before offering an initial course and shall receive approv…

Out-of-state and allied health training endorsement for nurse aide. (a) Each person whom the secretary has determined to have successfully completed training or passed a test, or both, that is equivalent to the training or test required by this state may be employed with- out tak…

Each person whose training in another state is endorsed and who has passed the state test shall be issued a nurse aide certificate. (2) Each person who meets any of the following criteria shall be deemed eligible to take the state test as specified in K.A.R. 28-39-168: (A) Has co…

(Authorized by K.S.A. 75-5625; implementing K.S.A. 65-1,120; effective Feb. 28, 1994; revoked Dec. 29, 2003.) 931 Licensure of Adult Care Homes 28-39-169a

Medication aide. (a) Each medication aide candidate shall be either a nurse aidewhohasbeenissuedacertificatebythesecre- tary or a qualified mental retardation professional as defined in 42 C.F.R. 483.430(a), revised Octo- ber 1, 2010 and hereby adopted by reference, and shall mee…

State medication aide test. (a) The state test shall be administered by the secretary or the designated agent and in accor- dance with guidelines prescribed by the secretary as outlined in the “certified medication aide test manual” on pages 24 through 31 of the “Kansas certified…