Chapter 39 — DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE

39-1801. Citation of act. The provisions of K.S.A. 39-1801 through 39-1810 shall be known and may be cited as the developmental disabilities reform act. History: L. 1995, ch. 234, § 1; January 1, 1996. CASE ANNOTATIONS 1. District court upheld SRS decision overruling the denial o…

39-1802. Policy of state. It is the policy of this state to assist persons who have a developmental disability to have: (a) Services and supports which allow persons opportunities of choice to increase their independence and productivity and integration and inclusion into the com…

39-1803. Definitions. As used in the developmental disabilities reform act: (a) "Adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of that person's age, cultural group and …

39-1804. Implementation of act; powers and duties of secretary for aging and disability services; reports. (a) Except as otherwise specifically provided in this act and subject to appropriations of federal and state funds, the secretary, after consultation with representatives of…

39-1805. Powers and duties of community developmental disability organization. In addition to any other power and duty prescribed by law, and subject to appropriations, a community developmental disability organization shall have the power and duty to: (a) Directly or by subcontr…

39-1806. Establishment of system of funding, quality assurance and contracting. To carry out the provisions of this act, the secretary shall establish after consultation with representatives of community developmental disability organizations and affiliates thereof, and families …

39-1807. History: L. 1995, ch. 234, § 7; Repealed, L. 2016, ch. 105, § 20; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

39-1808. Act does not require community service provider to make certain expenditures. Nothing in this act shall authorize the secretary to require a community service provider to make expenditures not in compliance with contracts or agreements entered into by the governing board…

39-1809. Act does not create any entitlement to services. Nothing in this act shall create any entitlement to services. History: L. 1995, ch. 234, § 9; January 1, 1996. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meet…

39-1810. Rules and regulations. The secretary may adopt rules and regulations to carry out the provisions of this act. History: L. 1995, ch. 234, § 10; January 1, 1996. CASE ANNOTATIONS 1. District court upheld SRS decision overruling the denial of an application for affiliate st…

39-1811. Community developmental disability services; maximization of federal financial participation; use of revenue derived therefrom; report to legislature. (a) In carrying out the provisions of subsection (b)(2) of K.S.A. 39-1804, and amendments thereto, the secretary shall e…

39-1901. Kansas department for aging and disability services; secretary for aging and disability services; powers, duties or functions; references to prior agency; rules and regulations. The department on aging is hereby renamed the Kansas department for aging and disability serv…

39-1902. Kansas department for children and families; secretary for children and families; powers, duties or functions; references to prior agency; rules and regulations. The department of social and rehabilitation services is hereby renamed the Kansas department for children and…

39-1903. Disability and behavioral health services section; administered by secretary for aging and disability services; programs transferred. (a) The disability and behavioral health services section of the Kansas department for children and families is hereby transferred to the…

39-1904. Kansas department for aging and disability services; programs and operation of institutions transferred. (a) All institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, and the programs operated by such institutions are hereby transferred f…

39-1905. Kansas department for aging and disability services; references to the Kansas department for children and families; powers duties, functions, rules and regulations, orders and directives transferred; organization of programs by secretary. (a) Whenever the Kansas departme…

39-1906. Kansas department for aging and disability services; disability behavioral health and institution functions; appointment and transfer of officers and employees; rights and benefits preserved. (a) The secretary for aging and disability services shall appoint such officers…

39-1907. Kansas department for aging and disability services; transfer of Kansas department for children and families appropriations; liability for compensation or salaries for transferred officers and employees; problem gambling and addictions grant fund. (a) The balances of all…

39-1908. Kansas department for aging and disability services; parts of health occupations credentialing program transferred; criminal history record check program transferred; licensure and certification of certain persons transferred. (a) The following parts of the health occupa…

39-1909. Kansas department for aging and disability services; psychiatric residential treatment facility licensure program transferred; powers, duties and functions of program transferred. (a) The psychiatric residential treatment facility licensure program of the department of h…

39-1910. Kansas department for aging and disability services; references to the department of health and environment; powers, duties, functions, rules and regulations, orders and directives transferred; organization of certain entities and programs. (a) Whenever the department of…

39-1911. Kansas department for aging and disability services; licensure and certification of certain persons, maintenance of certain programs; appointment and transfer of officers and employees; rights and benefits preserved. (a) The secretary for aging and disability services sh…

39-1912. Kansas department for aging and disability services; transfer of department of health and environment appropriations; liability for compensation or salaries for transferred officers and employees; transferred fees, grant funds and loan repayment funds. (a) The balances o…

39-1913. Kansas department for aging and disability services; property, property rights and records; conflicts as to disposition of property, personnel or records determined by governor. (a) The Kansas department for aging and disability services shall succeed to all property, pr…

39-1914. Rights saved in legal actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 39-1901 through 39-1914, and amendmen…

39-2001. Providers of disability services; purpose of act. The purpose of this act* is the development, establishment and enforcement of standards: (a) For the care, treatment, health, safety, welfare and comfort of individuals residing in or receiving treatment or services provi…

39-2002. Definitions. As used in this act, the following terms shall have the meanings ascribed to them in this section: (a) "Center" means a community mental health center or crisis intervention center. (b) "Community mental health center" means a center organized pursuant to ar…

39-2003. Secretary for aging and disability services; powers, duties and functions. (a) In addition to the authority, powers and duties otherwise provided by law, the secretary shall have the following authority, powers and duties to: (1) Enforce the laws relating to the hospital…

39-2004. Secretary for aging and disability services; rules and regulations; waiver of requirements. (a) The secretary may adopt rules and regulations necessary to carry out the provisions of this act. Such rules and regulations may prescribe minimum standards and requirements re…

39-2005. Providers; requirements to comply with applicable laws, ordinances and rules and regulations. All pertinent laws of this state and lawfully adopted ordinances and rules and regulations shall be strictly complied with in the operation of any center, facility, hospital or …

39-2006. Same; requirements to obtain license. It shall be unlawful for any person or entity to operate a center, facility, hospital or be a provider of services within this state, except upon obtaining a license for that purpose from the secretary as the licensing agency upon ap…

39-2007. Same; application for license. An application for a license to operate a center, facility, hospital or to be a provider of services shall be made in writing to the licensing agency on forms made available by the agency. The application shall contain all information requi…

39-2008. License; application and renewal. (a) Upon receipt of an initial or renewal application for a license, the licensing agency, with the approval of the state fire marshal, shall issue a license if the applicant is fit and qualified and if the center, facility, hospital or …

39-2009. Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; fingerprinting and criminal history record checks; unaut…

39-2009a. History: L. 2016, ch. 105, § 9; L. 2018, ch. 86, § 3; L. 2024, ch. 15, § 27; Repealed, L. 2025, ch. 125, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

39-2010. Licenses issued prior to effective date of act; requirement to comply with act. All licenses issued under the provisions of chapter 33 of article 75* of the Kansas Statutes Annotated, and amendments thereto, for centers, facilities, hospitals and providers prior to the e…

39-2011. Inspections and investigations of providers and facilities; notice. (a) Inspections and investigations shall be made, announced or unannounced, and reported in writing by the authorized agents and representatives of the licensing agency and state fire marshal, and of the…

39-2012. Provision of license; requirements; duration. A provisional license may be issued to any center, facility, hospital or provider which is temporarily unable to conform to all the standards, requirements and rules and regulations established under the provisions of this ac…

39-2013. Denial, suspension or revocation of license; procedure; loss of accreditation, notice to department. (a) Whenever the licensing agency finds a failure to comply with the requirements, standards or rules and regulations adopted under this act, the licensing agency may mak…

39-2014. Same; person with ownership or other interest in provider. (a) As used in this section, the term "person" means any person who is an applicant for a license or who is the licensee and who has any direct or indirect ownership interest of 25% or more in the center, facilit…

39-2015. Provider operating without license; penalties. (a) Any person operating a center, facility, hospital or a provider of services in this state without a license under this law shall be guilty of a class B misdemeanor. Any person who shall violate any other provision of thi…

39-2016. Correction orders; assessment of civil penalty, notice required; appeal of assessment. (a) A correction order may be issued by the secretary or the secretary's designee to a licensee whenever the state fire marshal or the marshal's representative or a duly authorized rep…

39-2017. Severability of act. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applicatio…

39-2018. Community mental health center improvement fund established; expenditures by Kansas department for aging and disability services. There is hereby established in the state treasury the community mental health center improvement fund. All moneys credited to the community m…

39-2019. Certified community behavioral health clinics; certification requirements; medical assistance program funding; deadlines for certification; rules and regulations; certification renewal criteria. (a) The Kansas department for aging and disability services shall establish …