Agency 28, Article 4 — MATERNAL AND CHILD HEALTH

(Authorized by K.S.A. 65-503, 65- 508; effective Jan. 1, 1970; revoked May 1, 1981.)

(Authorized by K.S.A. 65-501, 65-504, 65-505, 65-508, 65-512; effective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

(Authorized by K.S.A. 65-504, 65- 508; effective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

(Authorized by K.S.A. 65-508, 65- 510; effective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.) 28-4-104 to 107. (Authorized by K.S.A. 65- 508; effective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

(Authorized by K.S.A. 65-507, 65- 508; effective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

(Authorized by K.S.A. 65-508; ef- fective Jan. 1, 1970; revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

(Authorized by K.S.A. 65-501, 65- 504,65-508,65-514;effectiveJan.1,1970;revoked, E-80-18, Oct. 17, 1979; revoked May 1, 1980.)

Definitions. (a) “Applicant” means a person who has applied for a license but who has not yet been granted a license to operate a facility. (b) “Applicant with a temporary permit” means a person who has been granted a temporary per- mit to operate a facility. (c) “Care provider” …

Applicant; licensee. (a) Applica- tion process. (1) Any person desiring to operate a facility shall apply for a license on forms provided by the de- partment. (2) Each applicant and each licensee shall sub- mitthefeespecifiedinK.A.R.28-4-92foralicense or for the renewal of a lice…

Initial and ongoing profes- sional development training. If an applicant, an applicant with a temporary permit, or a licens- ee is not an individual, the applicant, applicant with a temporary permit, or licensee shall desig- nate an individual to meet the requirements of this reg…

Facility. (a) Water supply and sewerage systems. Each applicant, each applicant with a temporary permit, and each licensee shall ensure that public water and sewerage systems, where available, are used. If a nonpublic source for the water supply is used, the water shall be safe f…

Supervision.(a)Supervisionplan. (1) Each applicant, each applicant with a tem- porary permit, and each licensee shall develop a supervision plan for children in care that includes all age ranges of children for whom care will be provided. A copy of the plan shall be available for…

Daily care of children. (a) Daily activities. (1) Each applicant with a temporary permit and each licensee shall provide daily activities that promote healthy growth and development, take into consideration the cultural background and traditions that are familiar to the children,…

Napping and sleeping. (a) Rest period. Each child shall have a daily, supervised rest period as needed. Each child who does not nap or sleep shall be given the opportunity for quiet play. (b) Safe sleep practices for children in care. (1) Each applicant with a temporary permit an…

Health care requirements for children under 16 years of age. (a)(1) A com- pleted medical record on the form provided by the department shall be on file for each child under 11 yearsofageenrolledforcareandforeachchildun- der 16 years of age living in the child care facility. (2) …

Medication administration and reporting suspected child abuse or neglect. (a) Medication administration. (1) Each applicant with a temporary permit and each licensee shall designate at least one provider to administer medications to children. (2) If nonprescription medication is …

(Implementing K.S.A. 1979 Supp. 65-503 and 65-508; authorized by K.S.A. 65-503 and 65-508; effective, E-80-18, Oct. 17, 1979; effective May 1, 1980; amended May 1, 1981; amended May 1, 1983; revoked May 1, 1984.)

(Authorized by and implement- ing K.S.A. 65-508; effective May 1, 1984; amend- ed May 1, 1985; revoked May 1, 1986.)

Compliance with regulations. (a) An exception to a regulation may be allowed by the department if: (1) The applicant requests an exception from the department on a form supplied by the depart- ment; and (2) The secretary determines the exception to be in the best interests of the…

(Authorized by K.S.A. 65-522; im- plementing K.S.A. 65-519 and 65-521; effective May 1, 1981; amended May 1, 1986; amended Feb. 26, 1990; amended July 11, 2008; revoked Feb. 3, 2012.)

Definitions. For the purposes of K.A.R. 28-4-1200 through K.A.R. 28-4-1218, the following definitions shall apply: (a) “Adminis- trator” means a person employed by a PRTF who is responsible for the overall administration of the PRTF. (b) “Applicant” means a person who has applied…

License requirements. (a) Each applicant and each licensee shall meet all of the following requirements in order to obtain and maintain a license to operate a PRTF: (1) The state and federal participation require- ments for medicaid reimbursement; (2) receipt of accreditation of …

Application procedures. (a) Each person, in order to obtain a license, shall submit a complete application on forms provid- ed by the department. The application shall be submitted at least 90 calendar days before the planned opening date of the PRTF and shall in- clude the follo…

Capacity; posting require- ments; validity of temporary permit or license; newapplicationrequired;advertising;closure. (a) Capacity. The maximum number, the age range, and the gender of residents authorized by the tem- porary permit or license shall not be exceeded. (b) Posting r…

Licensure; renewal; notifica- tions; exceptions; amendments. (a) No person shall operate a PRTF unless issued a temporary permit or a license by the secretary. (b) No earlier than 90 days before the renew- al date but no later than the renewal date, each licensee who wishes to re…

Background checks. (a) With each initial application or renewal application, each applicant or licensee shall submit a request to conduct a background check by the Kansas bu- reau of investigation and a background check by the Kansas department of social and rehabilitation servic…

Administration. (a) Each PRTF shall be governed by one of the following entities: (1) A public agency, which shall employ an ad- ministrator for the PRTF; or (2) a private entity with a governing board that is legally responsible for the operation, policies, finances, and general…

Staff requirements. (a) Each individual working or volunteering in a PRTF shall be qualified by temperament, emotional ma- turity, judgment, and understanding of residents necessary to maintain the health, comfort, safety, and welfare of individuals placed in psychiatric resident…

Records. Each licensee shall develop and implement written policies and procedures that address PRTF recordkeeping requirements, including resident records, per- sonnel records, and general records. (a) Resident records. Each licensee shall maintain an individ- ual record for eac…

Notification and reporting requirements. (a) Each licensee shall ensure that the following notifications are submitted verbally or in writing upon discovery of the in- cident or event, but no later than 24 hours after the discovery: (1) Each instance of suspected abuse or neglect…

(Authorized by K.S.A. 65-522; im- plementing K.S.A. 65-519; effective July 11, 2008; revoked Feb. 3, 2012.) GENERAL REGULATIONS FOR CATEGORIES OF CHILD CARE

Admission requirements. (a) No individual less than six years of age shall be admitted to a PRTF. No individual 21 years of age or older shall be admitted to a PRTF as a new res- ident, but any current resident may continue to receive treatment until that resident reaches 22 year…

Health care. (a) Policies for res- ident health care. Each licensee, in consultation with a physician, shall develop written policies that include provisions for the following: (1) A health checklist and review for each resi- dent upon admission, including the following: (A) Curr…

Health and safety require- ments for the use of seclusion rooms. (a) Each licensee shall ensure that the following require- ments are met for each room used for seclusion: (1) The locking system shall be approved by the state fire marshal. (2) No room used for seclusion shall be …

Library; recreation; work. (a) Library. (1) Each licensee shall have written policies and procedures that govern the PRTF’s library pro- gram, including acquisition of materials, hours of availability, and staffing. (2) Library services shall be available to all res- idents. (A) …

Emergency plan; drills; facil- ity security and control of residents; storage and use of hazardous substances and unsafe items. (a) Emergency plan. Each licensee shall develop an emergency plan to provide for the safety of all residents in emergencies, including fires, tornadoes,…

Environmental standards. (a) General building requirements. (1) Each licensee shall ensure that public water and sewage systems, where available, are used. If public water and sewage systems are not available, each licensee shall maintain approval by the ap- propriate health auth…

Food services. Each licensee shall ensure that food preparation, service, safety, and nutrition meet the requirements of this reg- ulation. For purposes of this regulation, “food” shall include beverages. (a) Sanitary practices. Each individual engaged in food preparation and foo…

Laundry. (a) If laundry is done at the PRTF, the laundry sinks, appliances, and countertops or tables used for laundry shall be lo- cated 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 resi-…

Transportation. Each licensee shall establish and implement written policies and procedures for transporting residents. (a) The transportation policies and procedures shall include all of the following information: (1) A list of the individuals authorized to trans- port residents…

General regulations for fami- ly day care homes and child care facilities. K.A.R. 28-4-123 through 28-4-132 shall apply to the following: (a) Family day care home as defined in K.S.A. 65-517, and amendments thereto; (b) day care home and group day care home as defined in K.A.R. 2…

Parental access to child care facilities. Each parent or guardian of a child en- rolled in a day care facility or preschool as defined in K.S.A. 65-517, K.A.R. 28-4-113 or K.A.R. 28- 4-420 shall have access to the premises during all hours of operation. Each residential facility …

Parental permission for chil- dren to go off-premises. Each day care facility as defined in K.A.R. 28-4-113, K.A.R. 28-4-420 and K.S.A. 65-517, and any amendments to it shall obtain a signed parental permission for each loca- tion to which children go off of the premises on a for…

Background checks. Each ap- plicant, applicant with a temporary permit, and licensee shall meet the following requirements: (a) Submit to the department the identifying information necessary to complete background checks for each individual who works or regularly volunteers in th…

Definitions. (a) “Administrator” means the individual employed by a facility who is responsible for the daily operation of the facility. (b) “Applicant” means a person who has applied for a license but who has not yet been granted a temporary permit or a license to operate a faci…

Applicant, permittee, and licensee requirements. (a) Each applicant shall 213 Maternal And Child Health 28-4-1252 submit a complete application on forms provid- ed by the department. The application shall be submitted at least 90 calendar days before the planned opening date of t…

Terms of a temporary permit or license. (a) Temporary permit or license re- quired. No person shall operate a facility unless the person has been issued a temporary permit or a license by the secretary. (b) Requirements. Each permittee and each licensee shall ensure that the foll…

Background checks. (a) With each initial application or renewal application, each applicant or licensee shall submit a request to con- duct a background check by the Kansas bureau of investigation and a background check by the Kan- sas department for children and families in orde…

Administration. (a) Each per- mittee and each licensee shall be responsible for theoperationofthefacility,includingthefollowing: (1) Developing an organizational chart des- ignating the lines of authority and ensuring that all staff members know which staff member is in charge at…

Staff member requirements. (a) Staff members and volunteers. Each individual working or volunteering in a facility shall be qual- ified by temperament, emotional maturity, judg- ment, and understanding of residents necessary to maintain the health, comfort, safety, and welfare of…