Session of 1999
         
HOUSE BILL No. 2392
         
By Committee on Health and Human Services
          
2-10
          
  9             AN  ACT concerning adult care homes; care provided by unlicensed per-
10             sons; amending K.S.A. 1998 Supp. 39-936 and repealing the existing
11             section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 39-936 is hereby amended to read as
15       follows: 39-936. (a) The presence of each resident in an adult care home
16       shall be covered by a statement provided at the time of admission, or
17       prior thereto, setting forth the general responsibilities and services and
18       daily or monthly charges for such responsibilities and services. Each res-
19       ident shall be provided with a copy of such statement, with a copy going
20       to any individual responsible for payment of such services and the adult
21       care home shall keep a copy of such statement in the resident's file. No
22       such statement shall be construed to relieve any adult care home of any
23       requirement or obligation imposed upon it by law or by any requirement,
24       standard or rule and regulation adopted pursuant thereto.
25             (b) A qualified person or persons shall be in attendance at all times
26       upon residents receiving accommodation, board, care, training or treat-
27       ment in adult care homes. The licensing agency may establish necessary
28       standards and rules and regulations prescribing the number, qualifica-
29       tions, training, standards of conduct and integrity for such qualified per-
30       son or persons attendant upon the residents.
31             (c)  (1) The licensing agency shall require unlicensed employees of
32       an adult care home, except an adult care home licensed for the provision
33       of services to the mentally retarded which has been granted an exception
34       by the licensing agency upon a finding by the licensing agency that an
35       appropriate training program for unlicensed employees is in place for
36       such adult care home, employed on and after the effective date of this
37       act who provide direct, individual care to residents and who do not ad-
38       minister medications to residents and who have not completed a course
39       of education and training relating to resident care and treatment approved
40       by the licensing agency or are not participating in such a course on the
41       effective date of this act to complete successfully 40 hours of training in
42       basic resident care skills. Any unlicensed person who has not completed
43       40 hours of training relating to resident care and treatment approved by

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  1       the licensing agency shall not provide direct, individual care to residents
  2       except that such unlicensed persons may provide feeding, drinking and
  3       positioning assistance to residents. The 40 hours of training shall be su-
  4       pervised by a registered professional nurse and the content and admin-
  5       istration thereof shall comply with rules and regulations adopted by the
  6       licensing agency. The 40 hours of training may be prepared and admin-
  7       istered by an adult care home or by any other qualified person and may
  8       be conducted on the premises of the adult care home. The 40 hours of
  9       training required in this section shall be a part of any course of education
10       and training required by the licensing agency under subsection (c)(2).
11             (2) The licensing agency may require unlicensed employees of an
12       adult care home, except an adult care home licensed for the provision of
13       services to the mentally retarded which has been granted an exception
14       by the licensing agency upon a finding by the licensing agency that an
15       appropriate training program for unlicensed employees is in place for
16       such adult care home, who provide direct, individual care to residents
17       and who do not administer medications to residents after 90 days of em-
18       ployment to successfully complete an approved course of instruction and
19       an examination relating to resident care and treatment as a condition to
20       continued employment by an adult care home. A course of instruction
21       may be prepared and administered by any adult care home or by any
22       other qualified person. A course of instruction prepared and administered
23       by an adult care home may be conducted on the premises of the adult
24       care home which prepared and which will administer the course of in-
25       struction. The licensing agency shall not require unlicensed employees of
26       an adult care home who provide direct, individual care to residents and
27       who do not administer medications to residents to enroll in any particular
28       approved course of instruction as a condition to the taking of an exami-
29       nation, but the licensing agency shall prepare guidelines for the prepa-
30       ration and administration of courses of instruction and shall approve or
31       disapprove courses of instruction. Unlicensed employees of adult care
32       homes who provide direct, individual care to residents and who do not
33       administer medications to residents may enroll in any approved course of
34       instruction and upon completion of the approved course of instruction
35       shall be eligible to take an examination. The examination shall be pre-
36       scribed by the licensing agency, shall be reasonably related to the duties
37       performed by unlicensed employees of adult care homes who provide
38       direct, individual care to residents and who do not administer medications
39       to residents and shall be the same examination given by the licensing
40       agency to all unlicensed employees of adult care homes who provide
41       direct, individual care to residents and who do not administer
42       medications.
43             (3) The licensing agency shall fix, charge and collect a fee to cover

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  1       all or any part of the costs of the licensing agency under this subsection
  2       (c). The fee shall be fixed by rules and regulations of the licensing agency.
  3       The fee shall be deposited in the state treasury and credited to the state
  4       general fund.
  5             (4) The licensing agency shall establish a state registry containing in-
  6       formation about unlicensed employees of adult care homes who provide
  7       direct, individual care to residents and who do not administer medications
  8       in compliance with the requirements pursuant to PL 100-203, Subtitle
  9       C, as amended November 5, 1990.
10             (5) No adult care home shall use an individual as an unlicensed em-
11       ployee of the adult care home who provides direct, individual care to
12       residents and who does not administer medications unless the facility has
13       inquired of the state registry as to information contained in the registry
14       concerning the individual.
15             (6) Beginning July 1, 1993, the adult care home must require any
16       unlicensed employee of the adult care home who provides direct, indi-
17       vidual care to residents and who does not administer medications and
18       who since passing the examination required under paragraph (2) of this
19       subsection has had a continuous period of 24 consecutive months during
20       none of which the unlicensed employee provided direct, individual care
21       to residents to complete an approved refresher course. The licensing
22       agency shall prepare guidelines for the preparation and administration of
23       refresher courses and shall approve or disapprove courses.
24             (d) Any person who has been employed as an unlicensed employee
25       of an adult care home in another state may be so employed in this state
26       without an examination if the secretary of health and environment deter-
27       mines that such other state requires training or examination, or both, for
28       such employees at least equal to that required by this state.
29             (e) All medical care and treatment shall be given under the direction
30       of a physician authorized to practice under the laws of this state and shall
31       be provided promptly as needed.
32             (f) No adult care home shall require as a condition of admission to
33       or as a condition to continued residence in the adult care home that a
34       person change from a supplier of medication needs of their choice to a
35       supplier of medication selected by the adult care home. Nothing in this
36       subsection (f) shall be construed to abrogate or affect any agreements
37       entered into prior to the effective date of this act between the adult care
38       home and any person seeking admission to or resident of the adult care
39       home.
40             (g) Except in emergencies as defined by rules and regulations of the
41       licensing agency and except as otherwise authorized under federal law,
42       no resident may be transferred from or discharged from an adult care
43       home involuntarily unless the resident or legal guardian of the resident

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  1       has been notified in writing at least 30 days in advance of a transfer or
  2       discharge of the resident.
  3             (h) No resident who relies in good faith upon spiritual means or
  4       prayer for healing shall, if such resident objects thereto, be required to
  5       undergo medical care or treatment. 
  6       Sec.  2. K.S.A. 1998 Supp. 39-936 is hereby repealed.
  7        Sec.  3. This act shall take effect and be in force from and after its
  8       publication in the statute book.