Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-936.Statement on admission; qualified personnel;education and training of unlicensed personnel; examination and fees; stateregistry established; refresher course required; supplier of medication;limitations on involuntary transfer or discharge of resident; effect ofreliance upon spiritual means or prayer for healing by resident.(a) The presence of each resident in an adult care home shall be covered bya statement provided at the time of admission, or prior thereto, settingforth the general responsibilities and services and daily or monthlycharges for such responsibilities and services. Each resident shall beprovided with a copy of such statement, with a copy going to any individualresponsible for payment of such services and the adult care home shallkeep a copy of such statement in the resident's file. No such statementshall be construed to relieve any adult care home of any requirement orobligation imposed upon it by law or by any requirement, standard or ruleand regulation adopted pursuant thereto.
(b) A qualified person or persons shall be in attendance at all timesupon residents receiving accommodation, board, care, training ortreatment in adult care homes. The licensing agency may establishnecessary standards and rules and regulations prescribing the number,qualifications, training, standards of conduct and integrity for suchqualified person or persons attendant upon the residents.
(c) (1) The licensing agency shall require unlicensed employees of an adultcare home, except an adult care home licensed for the provision of services tothe mentally retarded which has been granted an exception by the secretary ofaging upon a finding by thelicensing agency that an appropriate training program for unlicensed employeesis in place for such adult care home, employed on and after the effective dateof this act who provide direct, individual care to residents and who do notadminister medications to residents and who have not completed a course ofeducation and training relating to resident care and treatment approved by thesecretary of health and environment or are notparticipating in such a course on the effective date of this act to completesuccessfully 40 hours of training in basic resident care skills. Any unlicensedperson who has not completed 40 hours of training relating to resident care andtreatment approved by the secretary of health andenvironment shall not provide direct, individual care toresidents. The 40hours of training shall be supervised by a registered professional nurse andthe content and administration thereof shall comply with rules and regulationsadopted by the secretary of health andenvironment. The 40 hours of training may be prepared andadministered byan adult care home or by any other qualified person and may be conducted on thepremises of the adult care home. The 40 hours of training required in thissection shall be a part of any course of education and training required by thesecretary of health and environment undersubsection (c)(2).Training for paid nutrition assistants shall consist of at least eight hoursof instruction, at a minimum, which meets the requirements of 42 C.F.R.§ 483.160.
(2) The licensing agency may require unlicensed employees of an adult carehome, except an adult care home licensed for the provision of services to thementally retarded which has been granted an exception by the secretary ofhealth and environment upon a finding bythe licensing agency that an appropriate training program for unlicensedemployees is in place for such adult care home, who provide direct, individualcare to residents and who do not administer medications to residentsand who do not meet the definition of paid nutrition assistance underparagraph (a)(27) of K.S.A. 39-923, and amendments theretoafter 90days of employment to successfully complete an approved course of instructionand an examination relating to resident care and treatment as a condition tocontinued employment by an adult care home. A course of instruction may beprepared and administered by any adult care home or by any other qualifiedperson. A course of instruction prepared and administered by an adult care homemay be conducted on the premises of the adult care home which prepared andwhich will administer the course of instruction. The licensing agency shall notrequire unlicensed employees of an adult care home who provide direct,individual care to residents and who do not administer medications to residentsto enroll in any particular approved course of instruction as a condition tothe taking of an examination, but the secretary ofhealth and environment shall prepare guidelines for thepreparation andadministration of courses of instruction and shall approve or disapprovecourses of instruction. Unlicensed employees of adult care homes who providedirect, individual care to residents and who do not administer medications toresidents may enroll in any approved course of instruction and upon completionof the approved course of instruction shall be eligible to take an examination.The examination shall be prescribed by the secretaryof health and environment, shall be reasonably related tothe dutiesperformed by unlicensed employees of adult care homes who provide direct,individual care to residents and who do not administer medications to residentsand shall be the same examination given by thesecretary of health and environment to all unlicensedemployees of adultcare homes who provide direct, individual care to residents and who do notadminister medications.
(3) The secretary of health and environmentshall fix, charge and collect a fee to cover all or any part ofthe costs ofthe licensing agency under this subsection (c). The fee shall be fixed by rulesand regulations of the secretary of health andenvironment. The fee shall be remitted to the state treasurerin accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the state general fund.
(4) The secretary of health and environmentshall establish a state registry containing information aboutunlicensedemployees of adult care homes who provide direct, individual care to residentsand who do not administer medications in compliance with the requirementspursuant to PL 100-203, Subtitle C, as amended November 5, 1990.
(5) No adult care home shall use an individual as an unlicensed employee ofthe adult care home who provides direct, individual care to residents and whodoes not administer medications unless the facility has inquired of the stateregistry as to information contained in the registry concerning the individual.
(6) Beginning July 1, 1993, the adult care home must require any unlicensedemployee of the adult care home who provides direct, individual care toresidents and who does not administer medications and who since passing theexamination required under paragraph (2) of this subsection has had acontinuous period of 24 consecutive months during none of which the unlicensedemployee provided direct, individual care to residents to complete an approvedrefresher course. The secretary of health andenvironment shall prepare guidelines for the preparation andadministrationof refresher courses and shall approve or disapprove courses.
(d) Any person who has been employed as an unlicensed employee of anadult care home in another state may be so employed in this statewithout an examination if the secretary of health and environmentdetermines that such other state requires training or examination,orboth, for such employees at least equal to that required by this state.
(e) All medical care and treatment shall be given under the direction ofa physician authorized to practice under the laws of this state andshall be provided promptly as needed.
(f) No adult care home shall require as a condition of admission to oras a condition to continued residence in the adult care home that a personchange from a supplier of medication needs of their choice to a supplierof medication selected by the adult care home. Nothing in this subsection(f) shall be construed to abrogate or affect any agreements enteredinto prior to the effective date of this act between the adult care homeand any person seeking admission to or resident of the adult care home.
(g) Except in emergencies as defined by rules and regulations of thelicensing agency and except as otherwise authorized under federal law, noresident may be transferred from or discharged from an adult care homeinvoluntarily unless the resident or legal guardian of the resident hasbeen notified in writing at least 30 days in advance of a transfer ordischarge of the resident.
(h) No resident who relies in good faith upon spiritualmeans or prayer for healing shall, if such resident objects thereto, berequired to undergo medical care or treatment.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-936.Statement on admission; qualified personnel;education and training of unlicensed personnel; examination and fees; stateregistry established; refresher course required; supplier of medication;limitations on involuntary transfer or discharge of resident; effect ofreliance upon spiritual means or prayer for healing by resident.(a) The presence of each resident in an adult care home shall be covered bya statement provided at the time of admission, or prior thereto, settingforth the general responsibilities and services and daily or monthlycharges for such responsibilities and services. Each resident shall beprovided with a copy of such statement, with a copy going to any individualresponsible for payment of such services and the adult care home shallkeep a copy of such statement in the resident's file. No such statementshall be construed to relieve any adult care home of any requirement orobligation imposed upon it by law or by any requirement, standard or ruleand regulation adopted pursuant thereto.
(b) A qualified person or persons shall be in attendance at all timesupon residents receiving accommodation, board, care, training ortreatment in adult care homes. The licensing agency may establishnecessary standards and rules and regulations prescribing the number,qualifications, training, standards of conduct and integrity for suchqualified person or persons attendant upon the residents.
(c) (1) The licensing agency shall require unlicensed employees of an adultcare home, except an adult care home licensed for the provision of services tothe mentally retarded which has been granted an exception by the secretary ofaging upon a finding by thelicensing agency that an appropriate training program for unlicensed employeesis in place for such adult care home, employed on and after the effective dateof this act who provide direct, individual care to residents and who do notadminister medications to residents and who have not completed a course ofeducation and training relating to resident care and treatment approved by thesecretary of health and environment or are notparticipating in such a course on the effective date of this act to completesuccessfully 40 hours of training in basic resident care skills. Any unlicensedperson who has not completed 40 hours of training relating to resident care andtreatment approved by the secretary of health andenvironment shall not provide direct, individual care toresidents. The 40hours of training shall be supervised by a registered professional nurse andthe content and administration thereof shall comply with rules and regulationsadopted by the secretary of health andenvironment. The 40 hours of training may be prepared andadministered byan adult care home or by any other qualified person and may be conducted on thepremises of the adult care home. The 40 hours of training required in thissection shall be a part of any course of education and training required by thesecretary of health and environment undersubsection (c)(2).Training for paid nutrition assistants shall consist of at least eight hoursof instruction, at a minimum, which meets the requirements of 42 C.F.R.§ 483.160.
(2) The licensing agency may require unlicensed employees of an adult carehome, except an adult care home licensed for the provision of services to thementally retarded which has been granted an exception by the secretary ofhealth and environment upon a finding bythe licensing agency that an appropriate training program for unlicensedemployees is in place for such adult care home, who provide direct, individualcare to residents and who do not administer medications to residentsand who do not meet the definition of paid nutrition assistance underparagraph (a)(27) of K.S.A. 39-923, and amendments theretoafter 90days of employment to successfully complete an approved course of instructionand an examination relating to resident care and treatment as a condition tocontinued employment by an adult care home. A course of instruction may beprepared and administered by any adult care home or by any other qualifiedperson. A course of instruction prepared and administered by an adult care homemay be conducted on the premises of the adult care home which prepared andwhich will administer the course of instruction. The licensing agency shall notrequire unlicensed employees of an adult care home who provide direct,individual care to residents and who do not administer medications to residentsto enroll in any particular approved course of instruction as a condition tothe taking of an examination, but the secretary ofhealth and environment shall prepare guidelines for thepreparation andadministration of courses of instruction and shall approve or disapprovecourses of instruction. Unlicensed employees of adult care homes who providedirect, individual care to residents and who do not administer medications toresidents may enroll in any approved course of instruction and upon completionof the approved course of instruction shall be eligible to take an examination.The examination shall be prescribed by the secretaryof health and environment, shall be reasonably related tothe dutiesperformed by unlicensed employees of adult care homes who provide direct,individual care to residents and who do not administer medications to residentsand shall be the same examination given by thesecretary of health and environment to all unlicensedemployees of adultcare homes who provide direct, individual care to residents and who do notadminister medications.
(3) The secretary of health and environmentshall fix, charge and collect a fee to cover all or any part ofthe costs ofthe licensing agency under this subsection (c). The fee shall be fixed by rulesand regulations of the secretary of health andenvironment. The fee shall be remitted to the state treasurerin accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the state general fund.
(4) The secretary of health and environmentshall establish a state registry containing information aboutunlicensedemployees of adult care homes who provide direct, individual care to residentsand who do not administer medications in compliance with the requirementspursuant to PL 100-203, Subtitle C, as amended November 5, 1990.
(5) No adult care home shall use an individual as an unlicensed employee ofthe adult care home who provides direct, individual care to residents and whodoes not administer medications unless the facility has inquired of the stateregistry as to information contained in the registry concerning the individual.
(6) Beginning July 1, 1993, the adult care home must require any unlicensedemployee of the adult care home who provides direct, individual care toresidents and who does not administer medications and who since passing theexamination required under paragraph (2) of this subsection has had acontinuous period of 24 consecutive months during none of which the unlicensedemployee provided direct, individual care to residents to complete an approvedrefresher course. The secretary of health andenvironment shall prepare guidelines for the preparation andadministrationof refresher courses and shall approve or disapprove courses.
(d) Any person who has been employed as an unlicensed employee of anadult care home in another state may be so employed in this statewithout an examination if the secretary of health and environmentdetermines that such other state requires training or examination,orboth, for such employees at least equal to that required by this state.
(e) All medical care and treatment shall be given under the direction ofa physician authorized to practice under the laws of this state andshall be provided promptly as needed.
(f) No adult care home shall require as a condition of admission to oras a condition to continued residence in the adult care home that a personchange from a supplier of medication needs of their choice to a supplierof medication selected by the adult care home. Nothing in this subsection(f) shall be construed to abrogate or affect any agreements enteredinto prior to the effective date of this act between the adult care homeand any person seeking admission to or resident of the adult care home.
(g) Except in emergencies as defined by rules and regulations of thelicensing agency and except as otherwise authorized under federal law, noresident may be transferred from or discharged from an adult care homeinvoluntarily unless the resident or legal guardian of the resident hasbeen notified in writing at least 30 days in advance of a transfer ordischarge of the resident.
(h) No resident who relies in good faith upon spiritualmeans or prayer for healing shall, if such resident objects thereto, berequired to undergo medical care or treatment.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-936.Statement on admission; qualified personnel;education and training of unlicensed personnel; examination and fees; stateregistry established; refresher course required; supplier of medication;limitations on involuntary transfer or discharge of resident; effect ofreliance upon spiritual means or prayer for healing by resident.(a) The presence of each resident in an adult care home shall be covered bya statement provided at the time of admission, or prior thereto, settingforth the general responsibilities and services and daily or monthlycharges for such responsibilities and services. Each resident shall beprovided with a copy of such statement, with a copy going to any individualresponsible for payment of such services and the adult care home shallkeep a copy of such statement in the resident's file. No such statementshall be construed to relieve any adult care home of any requirement orobligation imposed upon it by law or by any requirement, standard or ruleand regulation adopted pursuant thereto.
(b) A qualified person or persons shall be in attendance at all timesupon residents receiving accommodation, board, care, training ortreatment in adult care homes. The licensing agency may establishnecessary standards and rules and regulations prescribing the number,qualifications, training, standards of conduct and integrity for suchqualified person or persons attendant upon the residents.
(c) (1) The licensing agency shall require unlicensed employees of an adultcare home, except an adult care home licensed for the provision of services tothe mentally retarded which has been granted an exception by the secretary ofaging upon a finding by thelicensing agency that an appropriate training program for unlicensed employeesis in place for such adult care home, employed on and after the effective dateof this act who provide direct, individual care to residents and who do notadminister medications to residents and who have not completed a course ofeducation and training relating to resident care and treatment approved by thesecretary of health and environment or are notparticipating in such a course on the effective date of this act to completesuccessfully 40 hours of training in basic resident care skills. Any unlicensedperson who has not completed 40 hours of training relating to resident care andtreatment approved by the secretary of health andenvironment shall not provide direct, individual care toresidents. The 40hours of training shall be supervised by a registered professional nurse andthe content and administration thereof shall comply with rules and regulationsadopted by the secretary of health andenvironment. The 40 hours of training may be prepared andadministered byan adult care home or by any other qualified person and may be conducted on thepremises of the adult care home. The 40 hours of training required in thissection shall be a part of any course of education and training required by thesecretary of health and environment undersubsection (c)(2).Training for paid nutrition assistants shall consist of at least eight hoursof instruction, at a minimum, which meets the requirements of 42 C.F.R.§ 483.160.
(2) The licensing agency may require unlicensed employees of an adult carehome, except an adult care home licensed for the provision of services to thementally retarded which has been granted an exception by the secretary ofhealth and environment upon a finding bythe licensing agency that an appropriate training program for unlicensedemployees is in place for such adult care home, who provide direct, individualcare to residents and who do not administer medications to residentsand who do not meet the definition of paid nutrition assistance underparagraph (a)(27) of K.S.A. 39-923, and amendments theretoafter 90days of employment to successfully complete an approved course of instructionand an examination relating to resident care and treatment as a condition tocontinued employment by an adult care home. A course of instruction may beprepared and administered by any adult care home or by any other qualifiedperson. A course of instruction prepared and administered by an adult care homemay be conducted on the premises of the adult care home which prepared andwhich will administer the course of instruction. The licensing agency shall notrequire unlicensed employees of an adult care home who provide direct,individual care to residents and who do not administer medications to residentsto enroll in any particular approved course of instruction as a condition tothe taking of an examination, but the secretary ofhealth and environment shall prepare guidelines for thepreparation andadministration of courses of instruction and shall approve or disapprovecourses of instruction. Unlicensed employees of adult care homes who providedirect, individual care to residents and who do not administer medications toresidents may enroll in any approved course of instruction and upon completionof the approved course of instruction shall be eligible to take an examination.The examination shall be prescribed by the secretaryof health and environment, shall be reasonably related tothe dutiesperformed by unlicensed employees of adult care homes who provide direct,individual care to residents and who do not administer medications to residentsand shall be the same examination given by thesecretary of health and environment to all unlicensedemployees of adultcare homes who provide direct, individual care to residents and who do notadminister medications.
(3) The secretary of health and environmentshall fix, charge and collect a fee to cover all or any part ofthe costs ofthe licensing agency under this subsection (c). The fee shall be fixed by rulesand regulations of the secretary of health andenvironment. The fee shall be remitted to the state treasurerin accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the state general fund.
(4) The secretary of health and environmentshall establish a state registry containing information aboutunlicensedemployees of adult care homes who provide direct, individual care to residentsand who do not administer medications in compliance with the requirementspursuant to PL 100-203, Subtitle C, as amended November 5, 1990.
(5) No adult care home shall use an individual as an unlicensed employee ofthe adult care home who provides direct, individual care to residents and whodoes not administer medications unless the facility has inquired of the stateregistry as to information contained in the registry concerning the individual.
(6) Beginning July 1, 1993, the adult care home must require any unlicensedemployee of the adult care home who provides direct, individual care toresidents and who does not administer medications and who since passing theexamination required under paragraph (2) of this subsection has had acontinuous period of 24 consecutive months during none of which the unlicensedemployee provided direct, individual care to residents to complete an approvedrefresher course. The secretary of health andenvironment shall prepare guidelines for the preparation andadministrationof refresher courses and shall approve or disapprove courses.
(d) Any person who has been employed as an unlicensed employee of anadult care home in another state may be so employed in this statewithout an examination if the secretary of health and environmentdetermines that such other state requires training or examination,orboth, for such employees at least equal to that required by this state.
(e) All medical care and treatment shall be given under the direction ofa physician authorized to practice under the laws of this state andshall be provided promptly as needed.
(f) No adult care home shall require as a condition of admission to oras a condition to continued residence in the adult care home that a personchange from a supplier of medication needs of their choice to a supplierof medication selected by the adult care home. Nothing in this subsection(f) shall be construed to abrogate or affect any agreements enteredinto prior to the effective date of this act between the adult care homeand any person seeking admission to or resident of the adult care home.
(g) Except in emergencies as defined by rules and regulations of thelicensing agency and except as otherwise authorized under federal law, noresident may be transferred from or discharged from an adult care homeinvoluntarily unless the resident or legal guardian of the resident hasbeen notified in writing at least 30 days in advance of a transfer ordischarge of the resident.
(h) No resident who relies in good faith upon spiritualmeans or prayer for healing shall, if such resident objects thereto, berequired to undergo medical care or treatment.
