Chapter 65, PUBLIC HEALTH

65-4a02. Licensure, facilities performing abortions; posting; fee. (a) A facility shall be licensed in accordance with K.S.A. 65-4a01 through 65-4a12, and amendments thereto. (b) Any facility seeking licensure for the performance of abortions shall submit an application for such …

65-4a03. License; annual renewal. Applicants for an annual license renewal shall file an application with the department and pay the license fee in accordance with K.S.A. 65-4a02, and amendments thereto. Applicants for an annual license renewal shall also be subject to a licensin…

65-4a04. Facility name change; ownership change; notice. (a) No proposed facility shall be named, nor may any existing facility have its name changed to, the same or similar name as any other facility licensed pursuant to K.S.A. 65-4a01 through 65-4a12, and amendments thereto. If…

65-4a05. Inspections; frequency; confidentiality of certain records. (a) The secretary shall make or cause to be made such inspections and investigations of each facility at least twice each calendar year and at such other times as the secretary determines necessary to protect th…

65-4a06. Licensure; denial, suspension or revocation; procedures license violation classes; penalties; fines. (a) When the secretary determines that a facility is in violation of any applicable law or rule and regulation relating to the operation or maintenance of such facility, …

65-4a07. Late term abortions; performed in hospital or ambulatory surgical center only; exception. Except in the case of a medical emergency, an abortion performed when the gestational age of the unborn child is 22 weeks or more shall be performed in a hospital or ambulatory surg…

65-4a08. Operating without a valid license; criminal penalties. (a) It shall be unlawful to operate a facility within Kansas without possessing a valid license issued annually by the secretary pursuant to K.S.A. 65-4a02, and amendments thereto, with no requirement of culpable men…

65-4a09. Rules and regulations; secretary of health and environment. (a) The secretary shall adopt rules and regulations for the licensure of facilities for the performance of abortions. (b) The secretary shall adopt rules and regulations concerning sanitation, housekeeping, main…

65-4a10. Performance of abortions; only physicians; RU-486 or any drug induced abortion requirements; violations. (a) No abortion shall be performed or induced by any person other than a physician licensed to practice medicine in the state of Kansas. (b) (1) Except in the case of…

65-4a11. Act does not create right to abortion. Nothing in K.S.A. 65-4a01 through 65-4a12, and amendments thereto, shall be construed as creating or recognizing a right to abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is proh…

65-4a12. Severability clause. The provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, are declared to be severable, and if any provision, or the application thereof, to any person shall be held invalid, such invalidity shall not affect the validity of the remain…

65-501. License or temporary permit required; exemptions. (a) It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit t…

65-503. Definitions. As used in this act: (a) "Act" means article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. (b) "Assistant teacher" means a staff member of a child care center and is responsible for assisting the lead teacher in the care of childre…

65-504. Licenses; contents; limitations; posting; inspections; temporary permits; access to premises; temporary licenses; denial or revocation of license; procedure. (a) The secretary of health and environment shall have the power to grant a license to a person to maintain a mate…

65-505. License fees; maternity centers and child care licensing fee fund. (a) (1) The annual fee for a license to conduct a maternity center or child care facility shall be fixed by the secretary of health and environment by rules and regulations in an amount not exceeding the f…

65-506. Notice of issuance, limitation, modification, suspension or revocation of license; notice to parents or guardians of enrollees of limitation, modification, suspension, revocation or denial; unlicensed placements prohibited. The secretary of health and environment shall se…

65-507. Records of maternity centers and child care facilities; confidentiality. (a) Each maternity center licensee shall keep a record upon forms prescribed and provided by the secretary of health and environment and the secretary for children and families which shall include th…

65-508. Equipment, supplies and accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations. (a) Any maternity center or child care facility subject to this act shall: (1) Be properly heated, plumbed, lighted and ventilat…

65-510. Unlawful for child care facility to care for adults; exceptions. It shall be unlawful for any child care facility to receive or care for any adult except as authorized by rules and regulations adopted by the secretary of health and environment. History: L. 1919, ch. 210, …

65-512. Inspections; surveyor certification. (a) It is hereby made the duty of the secretary of health and environment to inspect or cause to be inspected at least once every 15 months prior to July 1, 2012, and once every 12 months thereafter, every maternity center or child car…

65-513. Changes or alterations required to comply with law; notice; duty of licensee. Whenever an authorized agent of the secretary of health and environment or secretary for children and families finds a maternity center or child care facility is not being conducted according to…

65-514. Violations of article 5 of chapter 65; penalties; notice and hearing. Any person, firm, corporation or association who violates the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto…

65-515. Prosecutions. The county attorney of each county in this state is hereby authorized and required, upon complaint of any authorized agent of the secretary of health and environment, to file complaint and prosecute to the final determination all actions or proceedings again…

65-516. Restrictions on persons maintaining or residing, working or volunteering at a child care facility; exceptions; criminal history check by secretary of health and environment; fingerprinting; fees; information to be provided to sponsoring child placement agency; child care …

65-523. Grounds for limitation, modification or suspension of license or temporary permit. The secretary may limit, modify or suspend any license or temporary permit issued under the provisions of K.S.A. 65-501 through 65-516, and amendments thereto, upon any of the following gro…

65-524. Suspension, limitation or modification of license or temporary permit prior to hearing; procedure. The secretary may limit, modify or suspend any license or temporary permit issued under the provisions of K.S.A. 65-501 through 65-516, and amendments thereto, prior to any …

65-525. Disclosure of certain information prohibited, exceptions; consent to disseminate certain information required. (a) Records in the possession of the department of health and environment or its agents regarding child care facilities or maternity centers shall not be release…

65-526. Civil fine assessed against licensee; limitations. (a) The secretary of health and environment, in addition to any other penalty prescribed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may assess a civil fine, after proper notice…

65-527. Youth development and school-age programs in schools and public recreation centers; definitions; licensing; inspections. (a) As used in this section: (1) "Child" means an individual who is enrolled or attending kindergarten, is less than 18 years of age, is not a voluntee…

65-528. Child care policy of state; desired outcome. (a) The desired outcome of the child care policy of the state of Kansas is that families be able to fulfill their roles as primary child care givers and educators of young children by having access to high quality, affordable c…

65-529. Continuation of effect of license, registration or permit. Any license, certificate of registration or temporary permit which was issued prior to the effective date of this act and which is in effect on the effective date of this act shall continue in effect until the exp…

65-530. Smoking prohibited in day care homes. (a) As used in this section: (1) "Day care home" means a day care home as defined under Kansas administrative regulation 28-4-113 and a group day care home as defined under Kansas administrative regulation 28-4-113. (2) "Smoking" mean…

65-531. Immunization information and records; disclosure. (a) Except as provided further, information and records that pertain to the immunization status of persons against childhood diseases as required by K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged wit…

65-532. Lexie's law. The changes to law in this act [*] shall be known as Lexie's law. History: L. 2010, ch. 161, § 1; July 1. * For list of statutes amended in this act, see L. 2010, ch. 161.

65-534. Online information dissemination system; rules and regulations. On or before July 1, 2011, the secretary of health and environment shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of li…

65-535. Staff secure facility; requirements; services; rules and regulations. (a) A staff secure facility shall: (1) Not include construction features designed to physically restrict the movements and activities of residents, but shall have a design, structure, interior and exter…

65-536. Juvenile crisis intervention centers; requirements; premises; admission; treatment plans; rules and regulations; annual report; definitions. (a) A juvenile crisis intervention center is a facility that provides short-term observation, assessment, treatment and case planni…

65-537. Childcare center director, lead teacher, assistant teacher requirements; waivers for such requirements; administration by director of early childhood on and after July 1, 2026. (a) Each licensed child care center that provides care to any number or type of child shall hir…

65-538. Professional development requirements to care for children; submission of proof of requirements met; administration by director of early childhood on and after July 1, 2026. (a) (1) For each licensure year beginning after July 1, 2025, each person who provides care to chi…

65-539. Local code requirements for child care centers; space required for such centers; administration by director of early childhood on and after July 1, 2026. (a) A licensed child care center shall meet the legal requirements of the local jurisdiction where the child care cent…

65-540. Residence not required for licensed child care homes; administration by director of early childhood on and after July 1, 2026. (a) The secretary of health and environment shall not require as a condition of licensure for a child care home that the licensee live in the chi…

65-541. Waivers available to licensure requirements; form and manner of such waiver requests; waivers to be granted by the secretary; administration by director of early childhood on and after July 1, 2026. (a) (1) Notwithstanding any law to the contrary, a person granted licensu…

65-542. Pilot programs; licensure; waivers of license requirements; licenses and waivers to be granted by the secretary; five-year license limitation; exceptions; recommendations to legislature; administration by the director of early childhood on and after July 1, 2026. (a) (1) …

65-543. Prohibition of restrictions on certain passenger vans; administration by director of early childhood on and after July 1, 2026. (a) The secretary of health and environment shall not impose restrictions on the use of 15-passenger vans purchased on or before July 1, 2025. (…

65-544. Prohibition on expending state or federal funds for unfilled child care slots; administration by director of early childhood on and after July 1, 2026. (a) To the extent that funds expended for child care services are subject to federal requirements and appropriation acts…

65-5a01. Definitions. As used in this act: (a) "A child with special health care needs" means a person under 21 years of age who has an organic disease, defect or condition which may hinder the achievement of normal physical growth and development. (b) "Services for children with…

65-5a05. Fees of hospitals, health facilities, physicians and other specialists; approval. Each of the hospitals or health facilities designated by the secretary of health and environment to provide medical and surgical services for children with special health care needs may col…

65-5a08. Secretary of health and environment; powers and duties. The secretary of health and environment is hereby authorized to: (a) Designate, at the secretary's discretion, hospitals and other medical facilities in which the various types of medical and surgical services and p…

65-5a09. Applications to furnish services, equipment, supplies; approval or disapproval; revocation of approval; procedure; hearing. All persons and corporations desiring to supply services, or to sell prosthetic devices, equipment, appliances or supplies authorized under the pro…

65-5a10. Diagnostic clinics; supervision; acceptance for diagnosis; rules and regulations. (a) In accordance with title V of the federal social security act and rules and regulations adopted pursuant thereto, the secretary of health and environment is hereby authorized and empowe…