Kansas Administrative Code

Definitions. (a) “Administra- tor” means either a person who has training and experience in health services administration and at least one year of supervisory or administrative experience in health care, or a qualified health professional. (b) “Admission note” means a dated nota…

Licensing procedure. (a) Li- cense application. Each application for an initial home health agency license shall be filed on forms provided by the licensing agency before the agen- cy begins treating patients. A license shall remain in effect unless suspended or revoked by the li…

License fee. (a) Each initial li- cense application for an agency shall be accompa- nied by a fee in the amount of $100.00. (b) The annual report for each licensed agency shall be accompanied by a fee determined in ac- cordance with the following schedule. The visits shall be all…

Organization and adminis- tration. (a) Governing body. Each home health agency shall have a governing body or a clearly defined body having legal authority to operate the agency. The governing body shall: (1) Have bylaws or their equivalent which shall be renewed annually; (2) em…

Home health services. (a) General provisions. Each home health agency shall accept a patient only when the agency rea- sonably expects that the patient’s medical, reha- bilitation, and social needs can be met adequately by the agency in the patient’s place of residence. (b) Provi…

Nursing services. (a) Nursing services shall be provided under the supervision of a registered nurse and in accordance with a plan of care. (b) A registered nurse shall make an initial eval- uation visit to each patient, shall regularly reeval- uate the patient’s nursing needs, a…

Therapy services. (a) Therapy services offered directly or under arrangement shall be provided by the following: (1) A physical therapist; (2) A physical therapist assistant functioning un- der the supervision of a physical therapist; (3) An occupational therapist; (4) An occupat…

Social services. (a) Services shall be given by a social worker according to the patient’s plan of care. (b) The social worker shall participate in the development of the patient’s plan of care. (Autho- rized by K.S.A. 1984 Supp. 65-5109, as amended by 1985 H.B. 2468; implementin…

Home health aide services. Each home health aide shall be supervised by a registered nurse and shall be given written in- structions for patient care prepared by a quali- fied health professional. (Authorized by K.S.A. 65-5109; implementing K.S.A. 65-5101; effec- tive, T-86-23, J…

Nutritional and dietary con- sultation. (a) Nutritional and dietary consultation services offered directly or under arrangement shall be given in accordance with the written plan of care. (b) If nutritional services are provided, a dieti- tian shall evaluate the nutritional needs…

Clinical records. (a) General provisions. A clinical record containing pertinent past and current findings shall be maintained in accordance with accepted professional standards for each patient receiving home health services. (b) Content of record. Each patient’s clinical record…

Patients’ bill of rights. The governing body shall establish a bill of rights that will be equally applicable to all patients. At a min- imum, the following provisions shall be included in the patients’ bill of rights. (a) Each patient shall have the right to choose care provider…

Home health aide train- ing program. (a) Each individual employed or contracted by a home health agency who is not licensed or registered to provide home health services but who assists, under supervision, in the provision of home health services and who pro- vides related health…

Home health aide training program. (a) Each home health aide candidate shall be a Kansas-certified nurse aide in good standing on the public nurse aide registry and complete a 20-hour home health aide course ap- proved by the licensing agency. (b) Upon completing a home health ai…

Home health aide course instructors. (a) Each instructor for the 20-hour course shall meet the following requirements: (1) Each person who intends to be a course in- structor shall submit a completed instructor ap- proval application form to the licensing agency at least three we…

Allied health training en- dorsement for home health aide. (a) Each person who meets one of the following conditions shall be deemed to have met the requirements of K.A.R. 28-51-113(a) and shall be eligible to take the state test as specified in K.A.R. 28-51-116: (1) The person h…

State home health aide test eligibility. (a) Each person shall have a maximum of three attempts per year from the beginning date of the course to pass the state written test af- ter successfully completing an approved 20-hour course pursuant to K.A.R. 28-51-113. (1)Ifthepersondoe…

General requirements. (a) Each medical care facility shall establish a written plan for risk management and patient care quality as- sessment on a facility-wide basis. (b) The plan shall be approved and reviewed annually by the facility’s governing body. (c) Findings, conclusions…

Incident reporting. (a) Each medical care facility shall identify a written form on which employees and health care providers shall report clinical care concerns to the risk man- ager, chief of staff, or administrator. The original or complete copy of the incident report shall be…

Risk management committee. (a) Each medical care facility shall designate one or more executive committees responsible for making and documenting standard-of-care deter- minations with respect to each incident report, pursuant to K.A.R. 28-52-2. The jurisdiction of each risk mana…

Standard-of-care determina- tions. (a) Each facility shall assure that analysis of patient care incidents complies with the definition of a “reportable incident” set forth at K.S.A. 65- 4921. Each facility shall use categories to record its analysis of each incident, and those ca…

Definitions. (a) “Agreement” means a written understanding between the sec- retary and a “charitable health care provider,” as defined in K.S.A. 75-6102 and amendments thereto, regarding the rendering of professional services to a medically indigent person. 1058 DEPARTMENT OF HEA…

Agreement. (a) Each person or en- tity applying for an agreement shall submit a com- pleted application to the department on forms prescribed by the department. (b) An agreement may be terminated by the secretary, the charitable health care provider, or the point of entry with 30…

Eligibility criteria for a medical- ly indigent person. An individual shall qualify as a medically indigent person if a point of entry determines that the individual meets either of the following requirements: (a) Is determined to be a member of a family unit earning at or below …

Records and reports. (a) Each charitable health care provider either shall meet the following requirements or shall ensure that each point of entry through which the charitable health care provider delivers care meets the fol- lowing requirements: (1) Maintains the completed form…

Referrals. Each referral of profes- sional services shall be documented in the records of the point of entry. (Authorized by and imple- 1059 Trauma System Program 28-54-1 menting K.S.A. 75-6120; effective April 1, 1991; amended March 20, 2009.)

Definitions. Each of the following terms used in this article shall have the meaning specified in this regulation: (a) “ACS” means American college of sur- geons. (b) “Department” means Kansas department of health and environment. (c) “Designation” means a determination by the se…

Standards for designation. The designation of a hospital as a level I trauma cen- ter, level II trauma center, level III trauma center, or level IV trauma center shall be made by the secretary based on the following: (a) For level I trauma centers, level II trauma centers, and le…

Application for designation. (a) Eachhospitaladministratorthatseeksacertificate of designation for its hospital as a level I trauma care center, level II trauma care center, or level III trauma care center shall submit a designation application on a form provided by the departmen…

Application for change of des- ignation. (a) Any administrator of a designated trauma facility may request a change of designa- tion by submitting an application for a change of designation on the form provided by the depart- ment and the following to the secretary: (1) Each appl…

Certificate of designation; re- newal. (a) Each administrator of a designated trauma facility wanting to renew the trauma fa- cility’s certificate of designation shall submit an application for renewal on a form provided by the department and either of the following: (1) For a le…

Voluntary termination of certif- icate of designation. (a) Each administrator of a trauma facility that decides not to maintain the trauma facility’s certificate of designation shall no- tify the secretary in writing of that decision. (b) The notification shall include the antici…

Misrepresentation of certificate of designation. (a) The certificate of designation shall apply only to the hospital for which the ad- ministrator submitted the designation application and shall not extend to any of the hospital’s satel- lite facilities or affiliates. (b) No hosp…

(Authorized by and implementing K.S.A. 65-3481 as enacted by L. 1986, Ch. 226, Sec. 2; effective, T-87-37, Nov. 19, 1986; effective May 1, 1987; revoked Aug. 30, 2019.)

(Authorized by and implementing K.S.A. 65-3481 as enacted by L. 1986, Ch. 226, Sec. 2; effective, T-87-37, Nov. 19, 1986; effective May 1, 1987; revoked Aug. 30, 2019.)

(Authorized by and implementing K.S.A. 65-3481; effective, T-87-37, Nov. 19, 1986; effective May 1, 1987; amended March 22, 2002; revoked Aug. 30, 2019.)

(Authorized by and implementing K.S.A. 65-3481 as enacted by L. 1986, Ch. 226, Sec. 2; effective, T-87-37, Nov. 19, 1986; effective May 1, 1987; revoked Aug. 30, 2019.)

(Authorized by and implementing K.S.A. 65-3481; effective, T-87-37, Nov. 19, 1986; effective May 1, 1987; amended March 22, 2002; revoked Aug. 30, 2019.) TERMINATIONS OF PREGNANCY

Definitions. Each of the following terms shall have the meaning assigned in this regulation: (a) “Abortion” has the meaning specified in K.S.A. 65-6701, and amendments thereto. (b) “Abortion provider” means a physician that performs an abortion, a clinic comprised of legal- ly or…

Medical information retained on each abortion performed. (a) Each abortion provider shall retain the following information in each patient’s medical record for at least 10 years: (1) A copy of the abortion report and any subse- quent corrections; (2) a copy of the voluntary and i…

General requirements for abor- tion reports. (a) Each abortion provider, before performing an abortion and before using the elec- tronic abortion reporting system, shall obtain the following: (1) A confidential code number from the de- partment; and (2) a copy of the requirements…

Reporting requirements for abortions performed at clinical estimate of gestation of at least 22 weeks. When perform- ing an abortion at clinical estimate of gestation of 22 or more weeks, in addition to the requirements specified in K.A.R. 28-56-2, each abortion report shall cont…

Reporting requirements for partial birth abortions. For each procedure performed involving a partial birth abortion, in addition to the requirements specified in K.A.R. 28-56-2 and 28-56-3, each abortion report for a partial birth abortion shall contain the following information:…

Requirements for reporting failed abortions. If an abortion attempt fails and results in a live birth, each abortion provider shall complete and file the following information: (a) A certificate of live birth pursuant to K.S.A. 65-2409a, and amendments thereto; and (b) a failed a…

Reporting requirements for abortions performed on minors in the case of a medical emergency. (a) Each abortion pro- vider shall file an abortion report as specified in K.A.R. 28-56-2 and, if applicable, K.A.R. 28-56-3. (b) Each abortion report for an abortion per- formed on a min…

Physician’s report on number of certifications received. (a) Each physician per- forming an abortion shall submit to the depart- ment the number of patient-completed voluntary and informed consent forms as specified in K.S.A. 65-6709, and amendments thereto. The report shall be s…

Late term affidavits. (a) The re- ferring physician and the physician performing an abortion shall each submit a late term affidavit to the department within 15 business days of the completion of the abortion procedure. (b) The late term affidavit completed by the re- ferring phy…

Correction in an abortion re- port. (a) In case of an error or missing informa- tion in an abortion report, each abortion provider shall report in writing to the department within 15 business days of discovery the specific information that needs to be corrected or provided. (b) E…

Application for a license or tem- porary license. (a) Each applicant for a license or temporary license shall submit a completed, department-approved application form and any requested supporting documentation to the de- partment, together with the appropriate fee spec- ified in …

Application for a person li- censed in another state. (a) Each applicant who is presently or has been previously licensed in another state shall submit a completed, department-approved application form with the license fee specified in K.A.R. 28-59-7. (b) Each applicant shall mee…