Kansas Administrative Code

(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…

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…