CHAPTER 71 HOUSE BILL No. 2171 An Act concerning adult care home administrators; relating to licensure; amending K.S.A.
65-3503, 65-3504, 65-3506 and 65-3508 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-3503 is hereby amended to read as follows: 65-
3503. (a) It shall be the duty of the board to:

      (1) Develop, impose and enforce standards which shall be met by
individuals in order to receive a license as an adult care home adminis-
trator, which standards shall be designed to ensure that adult care home
administrators will be individuals who are of good character and are oth-
erwise suitable, and who, by training or experience in the field of insti-
tutional administration, are qualified to serve as adult care home admin-
istrators;

      (2) develop examinations and investigations for determining whether
an individual meets such standards;

      (3) issue licenses to individuals who meet such standards, and revoke
or suspend licenses issued by the board or reprimand, censure or oth-
erwise discipline a person holding any such license as provided under
K.S.A. 65-3508, and amendments thereto;

      (4) establish and carry out procedures designed to ensure that indi-
viduals licensed as adult care home administrators comply with the
requirements of such standards; and

      (5) receive, investigate and take appropriate action under K.S.A. 65-
3505, and amendments thereto, and rules and regulations adopted by the
board with respect to any charge or complaint filed with the board to the
effect that any person licensed as an adult care home administrator may
be subject to disciplinary action under K.S.A. 65-3505 and 65-3508, and
amendments thereto.

      (b) The board shall also have the power to make rules and regulations,
not inconsistent with law, as may be necessary for the proper performance
of its duties, and to have subpoenas issued pursuant to K.S.A. 60-245,
and amendments thereto, in the board's exercise of its power and to take
such other actions as may be necessary to enable the state to meet the
requirements set forth in section 1908 of the social security act, the fed-
eral rules and regulations promulgated thereunder and other pertinent
federal authority.

      (c) The board shall fix by rules and regulations the licensure fee,
temporary license fee, renewal fee, late renewal fee, reinstatement fee,
reciprocity fee and, sponsorship fee, wall or wallet card license replace-
ment fee, duplicate wall license fee for any administrator serving as ad-
ministrator in more than one facility and, if necessary, an examination fee
under this act. Such fees shall be fixed in an amount to cover the costs
of administering the provisions of the act. No fee shall be more than $200.
The secretary of health and environment shall remit all moneys received
from fees, charges or penalties under this act to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the state
general fund.

      (d) The board upon request shall receive from the Kansas bureau of
investigation, without charge, such criminal history record information
relating to criminal convictions as necessary for the purpose of determin-
ing initial and continuing qualifications of licensees of and applicants for
licensure by the board.

      Sec.  2. K.S.A. 65-3504 is hereby amended to read as follows: 65-
3504. (a) The board shall admit to examination for licensure as an adult
care home administrator any candidate who pays a licensure and exami-
nation fee, if required, to the department of health and environment to
be fixed by rules and regulations; submits evidence that such candidate
is at least 18 years old; and has completed preliminary education satis-
factory to the board as prescribed in rules and regulations; and has met
board established standards of good character, training and experience.

      (b) Nothing in the provisions of article 35 of chapter 65 of the Kansas
Statutes Annotated or acts amendatory of the provisions thereof or sup-
plemental thereto or any rules and regulations adopted pursuant thereto
shall prohibit a candidate for licensure as an adult care home administra-
tor who is a member of a recognized church or religious denomination
whose religious teachings prohibit the acquisition of formal education
which would qualify such candidate for examination as required by the
board under subsection (a) from being admitted to examination under
subsection (a) so long as such candidate otherwise meets the qualifications
for admission to examination under subsection (a). A candidate for licen-
sure as an adult care home administrator who qualifies to take the ex-
amination for licensure under this subsection (b), who passes the exam-
ination and who is licensed as an adult care home administrator shall
engage in the practice of adult care home administration only in an adult
care home which is owned and operated by such recognized church or
religious denomination.

      Sec.  3. K.S.A. 65-3506 is hereby amended to read as follows: 65-
3506. (a) There is hereby established the board of adult care home ad-
ministrators. The board shall be attached to the department of health and
environment and shall be within the department as a part thereof. All
budgeting, purchasing and related management functions of the board
shall be administered under the direction and supervision of the secretary
of health and environment. The department shall serve as the adminis-
trative agency of the board in all respects and shall perform such services
and duties as it may be legally called upon to perform. The attorney for
the board shall be an assistant attorney general appointed by the attorney
general. The office of the attorney general shall serve as the enforcement
agency for the board. All vouchers for expenditures and all payrolls of the
board shall be approved by the chairperson of the board and by the sec-
retary of health and environment.

      (b) The board of adult care home administrators shall be composed
of seven members appointed by the governor, three of whom are rep-
resentatives of professions and institutions concerned with the care and
treatment of chronically ill or infirm elderly patients, two consumer rep-
resentatives who have no current or previous involvement in the financial
affairs or as a member of the governing body of any adult care home or
any association directly concerned with the regulation or licensure of
adult care homes in the state and two adult care home administrators
who, at the time of their appointment, are licensed by the state and are
actively engaged in the administration of adult care homes within the
state. No more than three members of the board may be licensed ad-
ministrators. Members of the board, other than the licensed administra-
tors, shall have no direct financial interest in adult care homes. Members
of the board shall serve on the board for terms of two years or until
otherwise disqualified from serving on the board, except two of the mem-
bers first appointed shall serve on the board for terms of one year and
thereafter, upon the expiration of such one year terms, successors shall
be appointed in the same manner as the original appointments for terms
of two years. The provisions of this act shall not affect the office of any
member of the board of adult care home administrators appointed prior
to the effective date of this act. All members of the board appointed after
the effective date of this act shall be appointed by the governor.

      (c) Members of the board of adult care home administrators shall
meet at such times as may be appropriate but in no case less than once
each four months. The chairperson of the board shall be elected annually
from among the members of the board. All final orders shall be in writing
and shall be signed by the chairperson and approved by the board issued
in accordance with the Kansas administrative procedure act.

      (d) Members of the board who attend meetings of such board, or
attend a subcommittee meeting thereof authorized by such board, shall
be paid compensation, subsistence allowances, mileage and other ex-
penses as provided in K.S.A. 75-3223, and amendments thereto.

      Sec.  4. K.S.A. 65-3508 is hereby amended to read as follows: 65-
3508. The license of an adult care home administrator or the temporary
license of an adult care home administrator may be denied, revoked or
suspended or the adult care home administrator or a person holding a
temporary license as an adult care home administrator may be repri-
manded, censured or otherwise disciplined by the board, after notice and
an opportunity for a hearing conducted by the board in accordance with
the provisions of the Kansas administrative procedure act, if the adult
care home administrator or person holding a temporary license as an adult
care home administrator has:

      (a) Failed to comply with the provisions of K.S.A. 65-3505 and
amendments thereto and continued to act as an adult care home admin-
istrator;

      (b) substantially failed to conform to the requirements of the stan-
dards adopted under K.S.A. 65-3503 and amendments thereto;

      (c) willfully or repeatedly violated any of the provisions of the law or
rules and regulations of the licensing agency under the provisions of ar-
ticle 9 of chapter 39 of the Kansas Statutes Annotated;

      (d) been convicted of a crime found by the board to have a direct
bearing on whether such person should be entrusted to serve the public
in the capacity of an adult care home administrator;

      (e) failed to assure that nutrition, medications and treatments of res-
idents, including the use of restraints, are in accordance with acceptable
medical practices;

      (f) been convicted of the violation of any state or federal drug or
narcotic law or any provision of the state or federal controlled substances
act or habitually overindulged in alcohol or habitually misused controlled
substances;

      (g) been involved in aiding, abetting, sanctioning or condoning any
violation of the law or rules and regulations under article 9 of chapter 39
of the Kansas Statutes Annotated; or

      (h) engaged in the practice of adult care home administration in vi-
olation of subsection (b) of K.S.A. 65-3504 65-3502 and amendments
thereto.;

      (i) misrepresented or omitted a material fact on an application for
licensure or in any other communication with the board;

      (j) had disciplinary action taken against an adult care home admin-
istrator's license issued by another state or jurisdiction; or

      (k) had disciplinary action taken against such adult care home ad-
ministrator on a professional or occupational health care license, mental
health care license or social worker license issued by this state or by
another state or jurisdiction.

 Sec.  5. K.S.A. 65-3503, 65-3504, 65-3506 and 65-3508 are hereby
repealed.

 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 14, 2003.
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