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Kansas Statutes Chapter 48. Militia, Defense and Public Safety § 48-969. COVID-19 public health emergency; extension of occupational or professional licenses; issuance of temporary licenses, certifications and registrations by KDADS, requirements therefor; issuance of temporary aide authorizations; special provisional licenses for isolation and cohorting of COVID-19 patients

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) Notwithstanding any provision of law to the contrary, the Kansas department for aging and disability services shall extend through the expiration of this section any renewal deadline for any occupational or professional license, certificate or registration issued by the Kansas department for aging and disability services.

(b) Notwithstanding any provision of law to the contrary, the Kansas department for aging and disability services may issue a temporary license, certification or registration to any person who was previously licensed, certified or registered by the Kansas department for aging and disability services, if:

(1) Such person was in good standing prior to the lapse of such license, certification or registration. As used in this paragraph, “in good standing” includes the possession of a license, certificate or registration that is subject to probation or non-disciplinary conditions, limitations or restrictions, but does not include a license, certificate or registration that is revoked, canceled or surrendered. If the records of the Kansas department for aging and disability services reflect that an individual has a prohibiting offense, such license, certificate or registration shall not be considered “in good standing.” Any license, certificate or registration that is subject to disciplinary conditions, limitations or restrictions shall remain subject to such conditions, limitations or restrictions; and

(2) such license, certificate or registration was issued on or after January 6, 2017.

(c) Notwithstanding any provision of law to the contrary, the Kansas department for aging and disability services shall extend through the expiration of this section any deadline for continuing education requirements mandated by the Kansas Statutes Annotated, and amendments thereto, or any rule and regulation.

(d) Notwithstanding any provision of law to the contrary, the Kansas department for aging and disability services shall waive any late fee associated with any license, certificate or registration extended or issued under subsection (a) or (b).

(e) A temporary aide authorization may be issued for any person who receives minimum training within a nursing facility, as set forth by the Kansas department for aging and disability services. At a minimum, such facility shall ensure that any person with a temporary aide authorization is competent to perform and execute the duties of such position, including, but not limited to: Infection control; proper patient handling; and how to effectively assist with the performance of activities of daily living.

(f) A temporary authorization may be issued for a person who was not previously licensed, certified or registered by the state of Kansas or any other state. Individuals who may be served by a person holding such temporary authorization shall only include individuals who require minimal supervision or assistance with activities of daily living. A nursing facility shall ensure that any person with a temporary authorization is competent to perform and execute the duties of such position, including, but not limited to: Infection control; proper patient handling; and how to effectively assist with the performance of activities of daily living.

(g)(1) Notwithstanding any provision of law to the contrary, the secretary for aging and disability services may issue a provisional license pursuant to K.S.A. 39-929, and amendments thereto, to an adult care home that submits a checklist, on a form approved by the secretary, and a detailed plan for isolation and cohorting of residents in response to the COVID-19 pandemic. In approving such checklist and plan, the secretary may temporarily suspend standards, requirements and rules and regulations related to the physical environment, a change in bed capacity or a change in bed classification for such adult care home. Notwithstanding the provisions of K.S.A. 39-929, and amendments thereto, the secretary may issue a provisional license under this subsection without approval by the state fire marshal, if the secretary approves the adult care home's checklist and plan. A provisional license issued pursuant to this subsection shall remain valid through the expiration of this section.

(2) For any provisional license issued under K.S.A. 39-929, and amendments thereto, for reasons other than the isolation and cohorting of residents in response to the COVID-19 pandemic, all requirements of K.S.A. 39-929, and amendments thereto, shall remain in force and effect.

(h) As used in this section:

(1) “Adult care home” means the same as defined in K.S.A. 39-923, and amendments thereto.

(2) “Kansas department for aging and disability services” includes:

(A) The Kansas department for aging and disability services;

(B) any board, commission or other licensing authority under the jurisdiction of the Kansas department for aging and disability services; and

(C) the board of adult care home administrators established pursuant to K.S.A. 65-3506, and amendments thereto.

(i) The provisions of this section shall expire on January 20, 2023.

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Cite this article: FindLaw.com - Kansas Statutes Chapter 48. Militia, Defense and Public Safety § 48-969. COVID-19 public health emergency; extension of occupational or professional licenses; issuance of temporary licenses, certifications and registrations by KDADS, requirements therefor; issuance of temporary aide authorizations; special provisional licenses for isolation and cohorting of COVID-19 patients - last updated January 01, 2023 | https://codes.findlaw.com/ks/chapter-48-militia-defense-and-public-safety/ks-st-sect-48-969/

Read this complete Kansas Statutes Chapter 48. Militia, Defense and Public Safety § 48-969. COVID-19 public health emergency; extension of occupational or professional licenses; issuance of temporary licenses, certifications and registrations by KDADS, requirements therefor; issuance of temporary aide authorizations; special provisional licenses for isolation and cohorting of COVID-19 patients on Westlaw. Westlaw subscription required.

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