28-39-144 Definitions. The following
definitions shall apply to all adult care homes ex-
cept nursing facilities for mental health and inter-
mediate care facilities for the mentally retarded.
(a) ``Activities director'' means an individual
who meets one of the following requirements:
(1) Has a degree in therapeutic recreation;
(2) has two years of experience in a social or
recreational program within the last five years,
one of which was full-time in a patient activities
program in a health care setting;
(3) is registered in Kansas as an occupational
therapist or occupational therapy assistant;
(4) has a bachelor's degree in a therapeutic ac-
tivity field in art therapy, horticultural therapy,
music therapy, special education, or a related
therapeutic activity field; or
(5) has completed a course approved by the de-
partment in resident activities coordination and
receives consultation from a therapeutic recrea-
tion specialist, an occupational therapist, an oc-
cupational therapy assistant, or an individual with
a bachelor's degree in art therapy, music therapy,
or horticultural therapy.
(b) ``Administrator'' means any individual who
is charged with the general administration of a
nursing facility, nursing facility for mental health,
assisted living facility, or residential health care
facility, whether or not the individual has an own-
ership interest in the adult care home. Each ad-
ministrator of an adult care home shall be licensed
in accordance with K.S.A. 65-3501 et seq., and
amendments thereto.
(c) ``Adult day care'' means an adult care home
that meets the definition in K.S.A. 39-923, and
amendments thereto.
(d) ``Adult care home'' means any of the follow-
ing facilities licensed by the secretary of health
and environment:
(1) A nursing facility;
(2) a nursing facility for mental health;
(3) an intermediate care facility for the men-
tally retarded;
(4) an assisted living facility;
(5) a residential health care facility;
(6) a home-plus facility;
(7) an adult day care facility; or
(8) a boarding care home.
(e) ``Advanced registered nurse practitioner''
means an individual who is certified by the Kansas
board of nursing as an advanced registered nurse
practitioner.
(f) ``Alteration'' means any addition, modifica-
tion, or modernization in the structure or usage
of a facility.
(g) ``Ambulatory resident'' means any resident
who is physically and mentally capable of per-
forming the following:
(1) Getting in and out of bed; and
(2) walking in a normal path to safety in a rea-
sonable period of time without the assistance of
another person.
(h) ``Applicant'' means any individual, firm,
partnership, corporation, company, association, or
joint stock association requesting a license to op-
erate an adult care home.
(i) ``Assisted living facility'' means an adult care
home that meets the definition found in K.S.A.
39-923, and amendments thereto.
(j) ``Audiologist'' means an individual who is li-
censed by the Kansas department of health and
environment as an audiologist.
(k) ``Basement'' means the part of a building
that is below grade.
(l) ``Boarding care home'' means an adult care
home that meets the definition found in K.S.A.
39-923, and amendments thereto.
(m) ``Change of ownership'' means any trans-
action that results in a change of control over the
capital assets of an adult care home.
(n) ``Clinical record'' means a record that in-
cludes all the information and entries reflecting
each resident's course of stay in an adult care
home.
(o) ``Controlled substance'' means any drug,
substance, or immediate precursor included in
any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111, and 65-4113, and
amendments thereto.
(p) ``Day shift'' means any eight-hour work pe-
riod that occurs between the hours of 6 a.m. and
9 p.m.
(q) ``Department'' means the Kansas depart-
ment of health and environment.
(r) ``Dietetic services supervisor'' means an in-
dividual who meets one of the following
requirements:
(1) Is licensed in the state of Kansas as a
dietitian;
(2) has an associate's degree in dietetic tech-
nology from a program approved by the American
dietetic association;
(3) is a dietary manager who is certified by the
board of the dietary managers' association; or
(4) has training and experience in dietetic serv-
ices supervision and management that are deter-
mined by the secretary of health and environment
to be equivalent in content paragraph (2) or (3) of
this subsection.
(s) ``Dietitian'' means an individual who is li-
censed by the Kansas department of health and
environment as a dietitian.
(t) ``Direct care staff'' means individuals em-
ployed by an adult care home who assist residents
in activities of daily living. These activities may
include the following:
(1) Grooming;
(2) eating;
(3) toileting;
(4) transferring; and
(5) ambulation.
(u) ``Director of nursing'' means an individual
who meets the following criteria:
(1) Is licensed in Kansas as a registered nurse;
(2) is employed full-time in a nursing facility;
and
(3) has the responsibility, administrative au-
thority, and accountability for the supervision of
nursing care provided to residents in a nursing
facility.
(v) ``Drug administration'' means an act in
which a single dose of a prescribed drug or bio-
logical is given by injection, inhalation, ingestion,
or any other means to a resident by an authorized
person in accordance with all laws and regulations
governing the administration of drugs and biolog-
icals. Drug administration shall entail the
following:
(1) Removing an individual dose from a labeled
container, including a unit-dose container;
(2) verifying the drug and dose with the phy-
sician's orders;
(3) administering the dose to the proper resi-
dent; and
(4) documenting the dose in the resident's clin-
ical record.
(w) ``Drug dispensing'' means the delivery of
one or more doses of a drug by a licensed phar-
macist or physician. The drug shall be dispensed
in a container and labeled in compliance with state
and federal laws and regulations.
(x) ``Full-time'' means 35 or more hours per
week.
(y) ``Health information management practi-
tioner'' means an individual who has met the
``standards for initial certification'' as a registered
record administrator or an accredited record tech-
nician adopted by the American medical record
association, as in effect on October 1, 1990, and
hereby adopted by reference.
(z) ``Home-plus'' means an adult care home
that meets the definition of K.S.A. 39-923, and
amendments thereto.
(aa) ``Interdisciplinary team'' means the
following:
(1) A registered nurse with responsibility for
the care of the residents; and
(2) other appropriate staff, as identified by res-
ident comprehensive assessments, who are re-
sponsible for the development of care plans for
residents.
(bb) ``Legal representative'' means an individ-
ual person who has been appointed by a court of
law as a guardian or has been selected by a resi-
dent in a durable power of attorney for health care
decisions.
(cc) ``Licensed mental health technician''
means an individual licensed by the Kansas board
of nursing as a licensed mental health technician.
(dd) ``Licensed nurse'' means an individual li-
censed by the Kansas board of nursing as a reg-
istered professional nurse or licensed practical
nurse.
(ee) ``Licensed practical nurse'' means an in-
dividual who is licensed by the Kansas board of
nursing as a licensed practical nurse.
(ff) ``Licensed social worker'' means an individ-
ual who is licensed by the Kansas board of behav-
ioral sciences as a social worker.
(gg) ``Licensee'' means an individual, firm,
partnership, association, company, corporation, or
joint stock association authorized by a license ob-
tained from the secretary of health and environ-
ment to operate an adult care home.
(hh) ``Medication'' means any drug defined by
K.S.A. 65-1626, and amendments thereto.
(ii) ``Medication aide'' means an individual who
has completed a training program in medication
administration as prescribed in K.A.R. 28-39-169
through K.A.R. 28-39-171.
(jj) ``Non-ambulatory resident'' means any res-
ident who is not physically or mentally capable of
getting in and out of bed and walking a normal
path to safety without the assistance of another
person.
(kk) ``Nurse aide'' means an individual who has
a nurse aide certificate issued by the Kansas de-
partment of health and environment according to
K.A.R. 28-39-165.
(ll) ``Nurse aide trainee'' means an individual
who is in the process of completing a nurse aide
training program as prescribed in K.A.R. 28-39-
165 or K.A.R. 28-39-167 and has not been issued
a nurse aide certificate by the Kansas department
of health and environment.
(mm) ``Nursing facility'' means an adult care
home that meets the definition found in K.S.A.
39- 923(a)(2), and amendments thereto.
(nn) ``Nursing facility for mental health'' means
an adult care home that meets the definition of
K.S.A. 39-923 (a)(3), and amendments thereto.
(oo) ``Nursing personnel'' means all of the
following:
(1) Registered professional nurses;
(2) licensed practical nurses;
(3) licensed mental health technicians in nurs-
ing facilities for mental health;
(4) medication aides;
(5) nurse aides; and
(6) nurse aide trainees.
(pp) ``Nursing unit'' means a distinct area of a
nursing facility serving not more than 60 residents
and including the service areas and rooms de-
scribed in K.A.R. 28-39-162.
(qq) ``Occupational therapist'' means an indi-
vidual who is registered with the Kansas board of
healing arts as an occupational therapist.
(rr) ``Occupational therapy assistant'' means an
individual who is registered with the Kansas board
of healing arts as an occupational therapy
assistant.
(ss) ``Physical restraint'' means any method or
any physical device, material, or equipment at-
tached or adjacent to the resident's body and
meeting the following criteria:
(1) Cannot be easily removed by the resident;
and
(2) restricts freedom of movement or normal
access to the resident's body.
(tt) ``Physical therapist'' means an individual
who is registered with the Kansas board of healing
arts as a physical therapist.
(uu) ``Physical therapy assistant'' means an in-
dividual who is certified by the Kansas board of
healing arts as a physical therapy assistant.
(vv) ``Physician'' means an individual who
meets the requirements of the Kansas board of
healing arts to practice medicine or osteopathy.
(ww) ``Psychopharmacologic drug'' means any
drug prescribed with the intent of controlling
mood, mental status, or behavior.
(xx) ``Registered professional nurse'' means an
individual who is licensed by the Kansas state
board of nursing as a registered professional
nurse.
(yy) ``Respite care'' means the provision of
services to a resident on an intermittent basis for
periods of fewer than 30 days at any one time.
(zz) ``Sanitization'' means effective bactericidal
treatment by a process that reduces the bacterial
count, including pathogens, to a safe level on
utensils and equipment.
(aaa) ``Self-administration of drugs'' means the
determination by the resident of when to take a
drug and the application or ingestion of the drug
by the resident without assistance from nursing
staff.
(bbb) ``Significant change in condition'' means
a decline or improvement in a resident's mental,
psychosocial, or physical functioning that would
result in the need for amendment of the resident's
comprehensive plan of care or negotiated service
agreement.
(ccc) ``Social services designee'' means an in-
dividual who meets one of the following
qualifications:
(1) Is licensed by the board of behavioral sci-
ence as a social worker;
(2) has a bachelor's degree in a human service
field, including sociology, special education, re-
habilitation counseling, or psychology, and re-
ceives supervision from a licensed social worker;
or
(3) has completed a course in social services
coordination approved by the department and re-
ceives supervision from a licensed social worker
on a regular basis.
(ddd) ``Speech language pathologist'' means an
individual who is licensed by the Kansas depart-
ment of health and environment as a speech-lan-
guage pathologist. (Authorized by and imple-
menting K.S.A. 39-932; effective Nov. 1, 1993;
amended Feb. 21, 1997; amended Oct. 8, 1999;
amended Nov. 26, 2001.)