Agency 28, Article 39 — LICENSURE OF ADULT CARE HOMES

Medication aide continuing education. (a) Each person who has a certifi- cate of completion for a medication aide training course as specified in K.A.R. 28-39-169a and who wishes to maintain the certificate shall complete, every two years, a program of 10 hours of continu- ing ed…

(Authorized by K.S.A. 75-5625; implementing K.S.A. 65-1124; effective Feb. 28, 1994; revoked Dec. 29, 2003.)

(Authorized by K.S.A. 65-5109; implementing K.S.A. 65-5115; effective Feb. 28, 1994; revoked Dec. 29, 2003.)

(Authorized by K.S.A. 65-5109; implementing K.S.A. 65-5115; effective Feb. 28, 1994; revoked Dec. 29, 2003.)

(Authorized by K.S.A. 65-5109; implementing K.S.A. 65-5115; effective Feb. 28, 1994; revoked Dec. 29, 2003.)

(Authorized by K.S.A. 65-5109; implementing K.S.A. 65-5115; effective Feb. 28, 1994; revoked Dec. 29, 2003.) INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED

(Authorized by K.S.A. 39-932; effective May 1, 1979; revoked April 3, 1989.)

(Authorized by K.S.A. 39-932; effective May 1, 1979; amended, T-84-17, July 26, 1983; revoked May 1, 1984.) 28-39-202 through 28-39-218. (Au- thorized by K.S.A. 39-932; effective May 1, 1979; revoked April 3, 1989.) 28-39-219 to 28-39-223. (Authorized by K.S.A. 39-932; effective …

(Authorized by K.S.A. 39-932; effective May 1, 1979; amended, E-81-29, Sept. 10, 1980; amended May 1, 1981; revoked May 1, 1982.)

Physical environment and complete construction; 16 beds or fewer. (a) General provisions. The following provisions describe the physical environment and complete construction requirements for residential build- ings in which not more than 16 residents are housed in one building. …

General licensure. The code of federal regulations 42 CFR 483.400 to CFR 483.480 inclusive, as published in the Federal Register, Vol. 53, No. 107, Friday, June 3, 1988, is adopted by reference. (Authorized by and imple- menting K.S.A. 39-932; effective April 3, 1989.)

General licensure. The code of federal regulations, 42 CFR 483.1 to 42 CFR 483.75 inclusive, as published in the federal register, Vol. 56, No. 187, Thursday, September 26, 1991, and as amended in Vol. 57, No. 185, Wednesday, September 23, 1992 is adopted by reference. (Authorize…

Definitions. (a) “Activities di- rector” means a person who meets the following requirements: (1) Has completed the requirements for cer- tification as a music therapist or has completed the requirements for graduation as a horticultural therapist; and (2) has one year of experie…

Resident rights. (a) No resi- dent shall be presumed to be incompetent, to for- 939 Licensure of Adult Care Homes 28-39-231 feit any legal rights, responsibility or obligation, or to suffer any legal disability as a citizen, unless otherwise prescribed by law, as a consequence of…

Admission, transfer and dis- charge. (a) The commitment of a resident to a nursing facility for mental health shall not be permitted. (b) Persons identified by the admitting physi- cian as being a danger to themselves or others shall not be admitted to nursing facilities for men-…

Resident behavior and facil- ity practices. (a) Psychotropic medication shall only be prescribed and used for a resident’s treat- ment program following: (1) Receipt of informed consent from the resi- dent, or the resident’s legal representative; (2) documentation in the resident…

Quality of life; activity pro- grams. (a) Each nursing facility for mental health shall have an organized activity program which is managed by an activity director and is directed to- ward community integration. (b) The activity program plan for the facility shall be based on the…

Resident assessment. (a) An assessment upon admission for each resident shall be completed and shall include, but not be limited to a statement of presenting problems. (b) Prior to the development of the mental health plan of care, a comprehensive assessment shall be completed wi…

Quality of care. (a) Each facil- ity shall develop and provide a system of mental health treatment and medical care for all resi- dents including all aspects of care from admission through discharge. The system shall include the following provisions. (1) Each facility shall condu…

Nursing services. (a) Each nursing facility for mental health shall employ or have on contract a psychiatric nurse who shall perform a monthly written evaluation of each resident’s response to the mental health plan of care. (b) A registered nurse shall perform for each resident …

Dietary services. (a) Residents shall be encouraged to participate in meal plan- ning, food purchasing, food preparation, table set- ting, serving, dishwashing and cleanup. (b) The facility shall be responsible for assisting residents in learning what constitutes good nutri- tion…

Physician services. For each resident having a psychiatric diagnosis, a written agreement for the provision of psychiatric services or consultation shall be entered into if primary services are provided by a physician other than a psychiatrist. (Authorized by and implementing K.S…

Infection control. (a) Each facility shall provide a sanitary environment and shall follow proper techniques of asepsis, steriliza- tion, and isolation. (b) Each facility shall have written policies and procedures for aseptic and isolation techniques. Those policies and procedure…

Administration. (a) Each li- censed nursing facility for mental health shall have an administrator, duly approved by the Kan- sas department of health and environment who acts in a professional capacity in accordance with regulations governing the operation of a nursing facility …

(Authorized by and imple- menting K.S.A. 39-932; effective Feb. 21, 1997; amended Oct. 8, 1999; revoked May 29, 2009.) 28-39-241 through 28-39-244. (Au- thorized by and implementing K.S.A. 39-932; ef- fective Feb. 21, 1997; revoked May 29, 2009.)

(Authorized by and imple- menting K.S.A. 39-932; effective Feb. 21, 1997; amended Oct. 8, 1999; revoked May 29, 2009.)

(Authorized by and implement- ing K.S.A. 39-932; effective Feb. 21, 1997; re- voked May 29, 2009.)

(Authorized by and imple- menting K.S.A. 39-932; effective Feb. 21, 1997; amended Oct. 8, 1999; revoked May 29, 2009.) 28-39-248 through 28-39-253. (Au- thorized by and implementing K.S.A. 39-932; ef- fective Feb. 21, 1997; revoked May 29, 2009.)

Construction; general re- quirements. (a) The assisted living facility or residential health care facility shall be designed, constructed, equipped and maintained to protect the health and safety of residents, personnel and the public. (b) All new construction, renovation, remode…

Support service areas. (a) The assisted living or residential health care facility shall provide the following: (1) Space with a desk and telephone which can be used by direct care staff to chart and maintain resident records; and (2) a locked medication storage area with a sink …

Details and finishes. (a) De- tails for assisted living or residential health care facilities shall include the following: (1) Rooms containing bathtubs, showers or toi- letsavailableforusebyresidentsshallbeequipped with doors and hardware capable of being opened from the outside…

Construction; general re- quirements. (a) Each adult day care facility shall be designed, constructed, equipped, and main- tained to protect the health and safety of resi- dents, personnel, and the public. (b) All new construction, renovation, and re- modeling or changes in build…

Support services areas. (a) Each adult day care facility shall provide the fol- lowing: (1) A work space with a desk and telephone that can be used by staff to chart and maintain resident records; and (2) a locked medication storage area and a refrig- erator for the storage of me…

Details and finishes. (a) De- tails for each adult day care facility shall include the following: (1) Rooms containing bathtubs, showers, or toi- letsavailableforusebyresidentsshallbeequipped with doors and hardware capable of being opened from the outside and shall permit access…

Administration. The board- ing care home shall be operated in a manner to ensure the delivery of all required administrative services. (Authorized by and implementing K.S.A. 39-932; effective, T-88-57, Dec. 16, 1987; amend- ed May 1, 1988.)

Administration; management standard. (a) The licensee shall have full authority and responsibility for the operation of the facility and for compliance with licensing requirements. (b) The licensee shall operate the facility to assure the safety, psychosocial, and self-esteem nee…

Health services. The boarding care home shall provide qualified personnel to meet the needs of the residents, including those services prescribed in K.A.R. 28-39-403 to K.A.R.

Health services; medical and dental services standard. (a) Residents shall provide for their own medical services through personal physicians and for dental services by their personal dentists. (b) Residents may self-administer medications or facility personnel may supervise resi…

Health services; records stan- dard. (a) Resident records shall be maintained with pertinent information regarding care of the resident. (b) Resident records shall include name, date of admission, birth date, nearest relative or legal guardian, personal physician, and whom to not…

(Authorized by and implementing K.S.A. 39-932; effective, T-88-57, Dec. 16, 1987; amended May 1, 1988.)

Environmental sanitation and safety. The boarding care home shall pro- vide staff and services to ensure a clean, safe, and comfortable environment for residents and shall meet the environmental sanitation and safety re- quirements prescribed in K.A.R. 28-39-407 to K.A.R. 28-39-4…

Environmental sanitation and safety; housekeeping standard. (a) Housekeeping services shall be provided to main- tain a safe, sanitary, and comfortable environment for residents and to help prevent the development or transmission of infections. (b) The facility shall be kept free…

Environmental sanitation and safety; maintenance standard. (a) All buildings shall be maintained in good repair and free from hazards. 950 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-39-409 (b) All electrical and mechanical equipment shall be maintained in good repair and in safe op-…

Environmental sanitation and safety; disaster preparedness standard. (a) The facility shall have a written plan with pro- cedures to be followed if a disaster, such as fire, tornado, explosion, or flood, occurs inside or out- side the facility. The facility shall ensure that the …

(Authorized by and implement- ing K.S.A. 39-932; effective, T-88-57, Dec. 16, 1987; amended May 1, 1988; revoked March 23, 2001.)

Physical environment and complete construction. (a) General provisions. The following provisions describe the physical environment and complete construction require- ments for boarding care homes. The facility shall provide for a safe, sanitary environment and for the safety and …

Construction; general re- quirements. (a) Each home-plus facility shall be designed, constructed, equipped, and maintained to protect the health and safety of residents, per- sonnel, and the public. (b) All new construction, renovation, remodel- ing, and changes in building use i…

(Authorized by and implementing K.S.A. 39-932; effective May 1, 1982; amended May 1, 1984; revoked Nov. 1, 1993.)

(Authorized by K.S.A. 39-932; implementing K.S.A. 39-927, 39-932, and K.S.A. 1990 Supp. 39-930; effective May 1, 1982; amended, T-84-17, July 26, 1983; amended May 1, 1984; amended, T-87-51, Dec. 19, 1986; amended May 1, 1987; amended, T-88-57, Dec. 16, 1987; amended May 1, 1988;…

(Authorized by and implement- ing L. 1985, Ch. 151, Sec. 1; effective May 1, 1986; revoked Nov. 1, 1993.)