Kan. Admin. Regs. § 28-4-1250

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

Section 28-4-1250 - Definitions

(a) "Administrator" means the individual employed by a facility who is responsible for the daily operation of the facility.

(b) "Applicant" means a person who has applied for a license but who has not yet been granted a temporary permit or a license to operate a facility.

(c) "Auxiliary staff member" means a type of staff member working at a facility in food services, clerical services, or maintenance. This term shall also apply to individuals working in the facility for the purpose of observation of facility entrances and exits.

(d) "Basement" means each area in a building with a floor level more than 30 inches below ground level on all sides.

(e) "Case management" means the comprehensive written goals and services developed for each resident and the provision of those services directly by the staff members or through other resources.

(f) "Case manager" means an individual who is designated by the permittee or licensee to coordinate the provision of services to residents by staff members or other individuals or agencies and who meets the requirements for a case manager in K.A.R. 28-4-1255(f).

(g) "Clinical director" means the individual at a facility who is responsible for the mental health services and who meets the requirements for a clinical director in K.A.R. 28-4-1255(d).

(h) "Department" means Kansas department of health and environment.

(i) "Direct care staff member" means an individual whose primary responsibility is to implement the program on a daily basis, including providing direct supervision of, interaction with, and protection of the residents and who meets the requirements for a direct care staff member in K.A.R. 28-4-1255(h).

(j) "Direct supervision" means the physical presence of staff members in proximity to allow for interaction and direct eye contact with residents.

(k) "In-service training" means job-related training provided for staff members and volunteers.

(l) "License capacity" means the maximum number of residents authorized to be in the facility at any one time.

(m) "Licensed physician" means an individual who is licensed to practice either medicine and surgery or osteopathy in Kansas by the Kansas state board of healing arts.

(n) "Licensee" means a person who has been granted a license to operate a facility.

(o) "Living unit" means the self-contained building or portion of a building in which the facility is operated and maintained, including the sleeping rooms, bathrooms, and areas used by residents for activities, dining, classroom instruction, library services, and indoor recreation.

(p) "Permittee" means a person who has applied for a license and has been granted a temporary permit by the secretary to operate a facility.

(q) "Placing agent" means law enforcement, a state agency, or court possessing the legal authority to place a resident in a facility.

(r) "Professional staff member" means a staff member who is one of the following:

(1) The clinical director;

(2) a licensed physician;

(3) an individual licensed by the Kansas behavioral sciences regulatory board;

(4) a teacher licensed by the Kansas state department of education;

(5) a physician's assistant licensed in Kansas by the Kansas state board of healing arts;

(6) a professional nurse licensed by the Kansas state board of nursing;

(7) an advanced practice registered nurse (APRN) licensed by the Kansas state board of nursing;

(8) a dietician licensed by the Kansas department for aging and disability services; or

(9) a case manager.

(s) "Program" means the comprehensive and coordinated set of activities and social services providing for the care, health, and safety of residents while in the care of the facility.

(t) "Resident" means an individual who is placed in a facility as authorized by the revised Kansas code for the care of children, K.S.A. 2013 Supp. 38-2201 et seq., and K.S.A. 2013 Supp. 65-535, and amendments thereto.

(u) "Secretary" means secretary of the Kansas department of health and environment.

(v) "Staff member" means any individual employed at a facility, including auxiliary staff members, direct care staff members, and professional staff members.

(w) "Staff secure facility" and "facility" mean a type of "child care facility," pursuant to K.S.A. 65-503 and amendments thereto, that meets the requirements in K.S.A. 2013 Supp. 65-535, and amendments thereto.

(x) "Trauma-informed care" means the services provided to residents based on an understanding of the vulnerabilities and the emotional and behavioral responses of trauma survivors.

(y) "Trauma-specific intervention" means intervention techniques designed specifically to address the consequences of trauma in residents and to facilitate recovery, including the interrelation between presenting symptoms of trauma and each resident's past history of trauma.

(z) "Tuberculosis test" means either the Mantoux skin test or an interferon gamma release assay (IGRA).

(aa) "Volunteer" means an individual or group that provides services to residents without compensation.

(bb) "Weapons" means any dangerous or deadly instruments, including the following:

(1) Firearms;

(2) ammunition;

(3) air-powered guns, including BB guns, pellet guns, and paint ball guns;

(4) any knives, except knives designed and used for table service;

(5) archery equipment; and

(6) martial arts equipment.

Kan. Admin. Regs. § 28-4-1250

Authorized by K.S.A. 2013 Supp. 65-508 and 65-535; implementing K.S.A. 2013 Supp. 65-503 and 65-535; effective, T-28-12-17-13, Dec. 17, 2013; effective March 28, 2014.