Kan. Admin. Regs. § 26-52-6

Current through Register Vol. 43, No. 49, December 5, 2024

Section 26-52-6 - Background checks

(a) Each applicant or licensee shall submit with each application for a license and each renewal application a request to conduct a criminal history check by the Kansas bureau of investigation and to conduct a background check by the department for all staff members and volunteers, pursuant to K.S.A. 39-2009, and amendments thereto. Each request shall be submitted on a form provided by the department, containing the required information for each staff member and volunteer, and signed by the staff member or volunteer.

(b) No licensee shall allow a person to begin working as a staff member or volunteer in a crisis intervention center unless one of the following occurs:

(1) A pass determination has been issued by the department for the staff member or volunteer;

(2) a staff member qualifies for provisional employment on a one-time basis for 60 days; or

(3) a staff member has been the subject of a criminal history check, pursuant to K.S.A. 39-2009, and amendments thereto, within one year immediately prior to the staff member's application for employment with the center, if the staff member has maintained a record of continuous employment and there has been no lapse of employment of over 90 days in any center, hospital, facility, or other provider.

(c) No licensee shall allow a staff member or volunteer who has been disqualified for employment to work in a center as a staff member or volunteer following the criminal history check conducted by the Kansas bureau of investigation and the background check conducted by the department.

(d) Each licensee shall maintain copies of background check documentation for each staff member and volunteer working at the center, including the following:

(1) Each request to conduct a criminal history check by the Kansas bureau of investigation and a background check conducted by the department;

(2) any one-time provisional offers of employment issued to a staff member for 60 days; and

(3) the department's pass or fail determination for each staff member or volunteer.

Kan. Admin. Regs. § 26-52-6

Authorized by and implementing K.S.A. 39-2004; effective, T-26-2-16-24, Feb. 16, 2024; effective, T-26-6-10-24, June 10, 2024; adopted by Kansas Register Volume 43, No. 24; effective 6/28/2024.