Senate Substitute for HOUSE BILL No. 2344
AN ACT concerning the department of health and environment; relating to licensure of
child care facilities; day care homes and child care centers; establishing license
capacity and staff-to-child ratios; lowering license fees and training requirements;
creating a process for day care facility licensees to apply for a temporary waiver of
certain statutory requirements; authorizing the secretary to develop and operate pilot
programs to increase child care facility availability and capacity; amending K.S.A.
65-503, 65-505 and 65-508 and K.S.A. 2022 Supp. 48-3406 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Child care center staff shall meet the training
requirements for the license capacity of the child care center as set forth
in this section.
(b) A program director shall be 18 years of age or older and shall
meet the training requirements for the license capacity of the child care
center, as determined by the secretary, but such requirements shall not
require more teaching experience or college credit than provided in this
section. A child care center shall have a program director on the
premises with training requirements that meet one of the following
options:
(1) If a child care center is licensed for fewer than 18 children:
(A) Three months of experience teaching in a licensed child care
facility or preschool or working with children in a related field;
(B) five sessions of observation for at least 2.5 consecutive hours
per observation in a licensed day care facility and 10 clock hours of
workshops approved by the state licensing staff;
(C) earned at least three credit hours of academic credit from a
postsecondary educational institution or equivalent training in
childhood development, early childhood education or curriculum
resources and supervised observation in high school or college and
three months of experience caring for children in a child care facility or
preschool or working with children in a related field; or
(D) a child development associate credential.
(2) If a child care center is licensed for at least 18 but fewer than
36 children:
(A) Five sessions of observation for at least 2.5 consecutive hours
per observation in a licensed day care facility and six months of
experience teaching or supervised practicum in a licensed child care
facility or preschool or a related field;
(B) (i) Six credit hours from a postsecondary educational
institution or equivalent training in childhood development, early
childhood education or curriculum resources; and
(ii) three months of experience teaching in a licensed child care
facility or preschool or working with children in a related field or one
year of supervised practicum in a licensed child care facility; or
(C) a child development associate credential.
(3) If a child care center is licensed for 36 or more children:
(A) Six credit hours from a postsecondary educational institution
or equivalent training in child development, early childhood education,
curriculum resources, nutrition, child guidance, parent education,
supervised practicum or administration of early childhood programs
and six months of experience teaching in a licensed child care facility
or preschool or working with children in a related field;
(B) (i) A child development associate credential, an associate of
arts degree or a two-year certificate in child development; and
(ii) nine months of teaching experience or supervised practicum in
a licensed child care facility or preschool or working with children in a
related field;
(C) a bachelor of arts or a bachelor of science degree in child
development or early childhood education, including a supervised
practicum, and three months of teaching experience in a licensed child
care facility or preschool or working with children in a related field; or
(D) a bachelor of arts or a bachelor of science degree in a related
academic discipline and 12 hours of academic study or equivalent
training in child development, early childhood education, curriculum
resources, nutrition, child guidance, parent education, supervised Senate Substitute for HOUSE BILL No. 2344—page 2
practicum or administration of early childhood programs, and six
months of experience teaching in a licensed child care facility or
preschool or working with children in a related field.
(4) The secretary shall not require a program director of a child
care center to have training requirements that are more restrictive than
the options in this section.
(c) (1) Each individual designated as a lead teacher shall be 18
years of age or older and possess either a high school diploma or
equivalent education and meet one of following qualifications:
(A) Three months of experience caring for children in a licensed
child care facility or preschool or working with children in a related
field;
(B) 30 days of teaching experience in a licensed child care facility,
preschool or a related field;
(C) five sessions of observation for at least 2.5 consecutive hours
per observation in a licensed day care facility and 10 clock hours of
workshops approved by the state licensing staff; or
(D) at least three credit hours of academic credit or equivalent
training in childhood development, early childhood education or
curriculum resources and supervised observation in high school or
college.
(2) Each individual designated as an assistant teacher shall be 18
years of age or older and complete staff orientation at the time of
employment.
(d) (1) A unit with at least one infant shall have at least one staff
member present who is designated as lead teacher.
(2) A unit where all children are at least 12 months old shall have
at least one staff member present who is designated as lead teacher or
assistant teacher.
(3) All staff members shall be at least three years older than the
oldest child in the unit where such staff member is caring for children.
(e) (1) For each licensure year beginning after July 1, 2023, each
program director, administrator, lead teacher or assistant teacher and
any other staff member who provides care to children in a child care
center shall complete professional development training in an amount
determined by the secretary not to exceed 12 clock hours per licensure
year.
(2) Such training shall consist of a minimum of eight hours of
training as specified by the secretary.
(3) As part of the professional development training required
under this subsection, an individual who provides care to children in a
child care center shall submit proof of completion of up to four hours
of such outside training in child care or any related subject to the
secretary, who shall retain records of such individual's compliance with
this requirement.
(f) As used in this section:
(1) "Related field" includes, but is not limited to, early childhood
education, elementary education, special education, speech pathology,
occupational therapy, social work or family science and human
development; and
(2) "secretary" means the secretary of health and environment.
(g) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 2. (a) (1) A child care home with one provider shall have
a license capacity of 12 if the children enrolled in such child care home
are all at least 2.5 years but under 10 years of age.
(2) If paragraph (1) does not apply, the license capacity for a child
care home with one provider shall be as follows:
Children under 12 Children at least 12 Children at least License
months of age months but under 5 years but undercapacity
5 years of age10 years of age
0 8 4 12
1 7 4 12
2 4 4 10 Senate Substitute for HOUSE BILL No. 2344—page 3
3 3 3 9
4 2 2 8
(b) (1) A child care home with two providers shall have a license
capacity of 17 if the children enrolled in such child care home are all at
least 2.5 years but under 10 years of age.
(2) If paragraph (1) does not apply, the license capacity for a child
care home with two providers shall be as follows:
Children under 12Children at least 12 Children at least License
months of agemonths but under 5 years but undercapacity
5 years of age 10 years of age
0 12 5 17
1 11 5 17
2 10 4 16
3 9 4 16
4 8 3 15
(3) If the number of children present exceeds the maximum
number allowed for one provider, a second provider shall be present.
(c) (1) Children five years of age and older may be substituted for
younger children in the license capacity in subsections (a) and (b).
(2) Two or fewer children who are 2.5 years of age or older and
are not counted toward the license capacity in subsections (a) and (b)
may be present on the premises between 11:00 a.m. and 1:00 p.m. for
the noon meal.
(3) Two or fewer children who are at least five years of age but
under 10 years of age and are not counted toward the license capacity
in subsections (a) and (b) may be present as follows:
(A) During the academic school year before and after school, in-
service days, school holidays, scheduled or emergency closures and
school breaks not to exceed two consecutive weeks; and
(B) during the two consecutive weeks before the opening of the
academic school year in August or September and following the end of
the academic school year in May or June.
(4) Two or fewer children 10 years of age or older, unrelated to the
applicant or licensee, may be present for two hours or less per day
during child care hours if the additional children are:
(A) Not on the premises for the purpose of receiving child care in
the facility;
(B) visiting the applicant's or the licensee's own child or children;
or
(C) supervised by a provider if they have access to the children in
care.
(d) (1) For each licensure year beginning after July 1, 2023, each
person who provides care to children in a child care home shall
complete professional development training in an amount determined
by the secretary not to exceed 12 clock hours per licensure year.
(2) Such training shall consist of a minimum of eight hours of
training specified by the secretary.
(3) As part of the professional development training required
under this subsection:
(A) Each person who provides care to children in a child care
home shall submit proof of completion of up to four hours of such
outside training in child care or any related subject to the secretary, who
shall retain records of such person's compliance with this requirement;
and
(B) A person who maintains a child care home with one provider,
if such provider provides care for four infants at once at any time
during the licensure year, shall submit proof of completion of at least
three hours of such professional development training in an infant-
specific subject to the secretary, who shall retain records of such
person's compliance with this requirement.
(e) (1) The secretary shall not adopt or implement any limitation
on the maximum number of children for which a child care home may
be licensed that is more restrictive than this section.
(2) No city or county shall adopt any ordinance, resolution or Senate Substitute for HOUSE BILL No. 2344—page 4
regulation restricting the maximum number of children for which a
child care home may be licensed that is more restrictive than this
section.
(f) As used in this section, "secretary" means the secretary of
health and environment.
(g) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 3. (a) The ratio of staff members to children in a child
care center shall be determined by the ages of the children and the type
of care provided.
(1) The minimum staff-to-child ratio and the maximum number of
children per unit shall be the following:
Age of children Minimum staff-to-child Maximum number
ratio of children
per unit
Infants 1 to 4 12
Infants and other 1 to 6 12
children under six (including 3 or (including 6 or
fewer infants) fewer infants)
Toddlers 1 to 6 12
Children at least two 8 16
but under three
years of age
Children at least12 24
2.5 years of age but
under school age
Children at least 3 years15 30
of age but under
school age
Kindergarten enrollees20 40
School age 20 40
(2) No child shall be left unsupervised.
(b) (1) The secretary shall not adopt or implement any limitation
on staff-to-child ratios or children per unit in a child care center that is
more restrictive than this section.
(2) No city or county shall adopt any ordinance, resolution or
regulation restricting the staff-to-child ratios and children per unit in a
child care center that is more restrictive than this section.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 4. (a) Each child care center shall have a program
director who is employed full time.
(b) Each child care center that is licensed for more than 75
children shall have an administrator, who may also be the program
director.
(c) The program director or administrator may, as needed, perform
the duties of a lead teacher or assistant teacher for up to half of the
program director's or administrator's total hours worked during each
calendar month.
New Sec. 5. (a) A child care center shall meet the legal
requirements of the state fire marshal and the local jurisdiction where
the child care center is located for fire protection, water supply and
sewage disposal.
(b) (1) The designated area for children's activities shall contain a
minimum of 28 square feet of floor space per child, excluding kitchens,
passageways, storage areas and bathrooms.
(2) There shall be a minimum of 60 square feet of outdoor play
space on the premises for each child using the space at a given time.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 6. (a) The secretary of health and environment shall not
require as a condition of licensure for a child care home that the
licensee live in the child care home.
(b) This section shall be a part of and supplemental to article 5 of Senate Substitute for HOUSE BILL No. 2344—page 5
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 7. (a) Notwithstanding the provisions of any other law
to the contrary, a person granted licensure to maintain a day care
facility may request from the secretary a waiver from the requirements
of this act for a set period of time. Waiver requests shall be made in a
form and manner approved by the secretary of health and environment
and shall contain the provisions of the statute sought to be waived and
the reasons therefor.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 8. (a) (1) Notwithstanding the provisions of any other
law to the contrary, the secretary of health and environment may
develop and operate pilot programs designed to increase the availability
or capacity of child care facilities in the state.
(2) The secretary may grant licensure to a person to maintain a
day care facility or drop-in program in a pilot program under this
section that waives the requirements of this act or rules and regulations
related to licensure and operation of a day care facility or drop-in
program, including requirements for staff at such day care facility or
drop-in program. A day care facility or drop-in program granted a
license under this section shall comply with any alternative terms,
conditions and requirements set by secretary as may be necessary to
protect the health, safety and welfare of any children that attend such
day care facility or drop-in program.
(3) The secretary shall not grant a license under this section if the
secretary determines that a day care facility or drop-in program or staff
of such facility or program would endanger the health, safety and
welfare of any child.
(b) The secretary may grant licensure to a person to maintain a
day care facility or drop-in program under this section for up to five
licensure years, except that the secretary may grant an additional two
years of licensure to any facility or program that participated in a pilot
program pursuant to subsection (c) during the adoption of such rules
and regulations.
(c) If the secretary determines that a pilot program has been
successful and will increase the availability or capacity of child care
facilities in the state, the secretary shall:
(1) Make suggestions and recommendations to the legislature for
statutory changes relating to day care facilities or drop-in programs;
and
(2) adopt any rules and regulations consistent with the findings
from such pilot program, including additional licensure categories and
requirements therefor.
(d) On or before the first day of each regular session of the
legislature, the secretary shall prepare and submit a report to the
legislature regarding any pilot program. Such report shall include, but
not be limited to, the number of participating day care facilities or drop-
in programs and number of children attending such facilities or
programs, provisions of statutes and regulations waived by the
secretary, recommendations for changes to this act and a summary of
findings from the pilot program based on available information.
(e) As used in this section, "secretary" means the secretary of
health and environment.
(f) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 9. K.S.A. 2022 Supp. 48-3406 is hereby amended to read as
follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is a military spouse,
military servicemember or an individual who has established or intends
to establish residency in this state. "Applicant" with respect to law
enforcement certification by the Kansas commission on peace officers'
standards and training means an applicant who has met the employment
requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
(2) "Complete application" means the licensing body has received Senate Substitute for HOUSE BILL No. 2344—page 6
all forms, fees, documentation, a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate and any other information required or requested by
the licensing body for the purpose of evaluating the application,
consistent with this section and the rules and regulations adopted by the
licensing body pursuant to this section. If the licensing body has
received all such forms, fees, documentation and any other information
required or requested by the licensing body, an application shall be
deemed to be a complete application even if the licensing body has not
yet received a criminal background report from the Kansas bureau of
investigation.
(3) "Licensing body" means an official, agency, board or other
entity of the state which authorizes individuals to practice a profession
in this state and issues a license, registration, certificate, permit or other
authorization to an individual so authorized.
(4) "Military servicemember" means a current member of any
branch of the United States armed services, United States military
reserves or national guard of any state or a former member with an
honorable discharge.
(5) "Military spouse" means the spouse of a military
servicemember.
(6) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
who meets personal qualifications and standards relevant to performing
the occupation as determined by the private organization.
(7) "Scope of practice" means the procedures, actions, processes
and work that a person may perform under a government issued
license, registration or certification.
(b) Notwithstanding any other provision of law, any a licensing
body shall, upon submission of a complete application, issue a license,
registration or certification to an applicant as provided by this section,
so that the applicant may lawfully practice the person's occupation.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States
shall receive a license, registration or certification:
(1) If the applicant qualifies under the applicable Kansas
licensure, registration or certification by endorsement, reinstatement or
reciprocity statutes, then pursuant to applicable licensure, registration
or certification by endorsement, reinstatement or reciprocity statutes of
the licensing body of this state for the license, registration or
certification within 15 days from the date a complete application was
submitted if the applicant is a military servicemember or military
spouse or within 45 days from the date a complete application was
submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or
reciprocity statutes of the licensing body of this state, or if the Kansas
professional practice act does not have licensure, registration or
certification by endorsement, reinstatement or reciprocity statutes, then
the applicant shall receive a license, registration or certification as
provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by
the licensing body of this state, or holds a certification issued by
another state for practicing the occupation but this state requires an
occupational license, and the licensing body of this state determines
that the certification requirements certify a similar scope of practice as
the licensing requirements established by the licensing body of this
state;
(B) has worked for at least one year in the occupation for which
the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have Senate Substitute for HOUSE BILL No. 2344—page 7
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
(D) has not been disciplined by a licensing, registering, certifying
or other credentialing entity in another jurisdiction and is not the
subject of an unresolved complaint, review procedure or disciplinary
proceeding conducted by a licensing, registering, certifying or other
credentialing entity in another jurisdiction nor has surrendered their
membership on any professional staff in any professional association or
society or faculty for another state or jurisdiction while under
investigation or to avoid adverse action for acts or conduct similar to
acts or conduct that would constitute grounds for disciplinary action in
a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate.
Upon receiving a complete application and the provisions of
subsection (c)(2) apply and have been met by the applicant, the
licensing body shall issue the license, registration or certification within
15 days from the date a complete application was submitted by a
military servicemember or military spouse, or within 45 days from the
date a complete application was submitted by an applicant who is not a
military servicemember or military spouse, to the applicant on a
probationary basis, but may revoke the license, registration or
certification at any time if the information provided in the application is
found to be false. The probationary period shall not exceed six months.
Upon completion of the probationary period, the license, certification
or registration shall become a non-probationary license, certification or
registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection
(c)(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in
a manner that protects the health and safety of the public, as provided
by subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on
the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
registration, certification or private certification to regulate an
occupation, but this state uses an occupational license, registration or
certification to regulate the occupation;
(2) worked for at least three years in the occupation during the
four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government Senate Substitute for HOUSE BILL No. 2344—page 8
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the
occupation;
(4) is held in good standing by the organization that issued the
private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations
as are provided by the licensing body for Kansas residents, except that
revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in
which the applicant held a license, registration or certificate shall
automatically cause the same revocation or suspension of such
applicant's license, registration or certificate in Kansas. No hearing
shall be granted to an applicant where such applicant's license,
registration or certificate is subject to such automatic revocation or
suspension, except for the purpose of establishing the fact of revocation
or suspension of the applicant's license, registration or certificate by the
applicant's state of residence or jurisdiction in which the applicant held
a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is a military spouse or
military servicemember does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body shall issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
were not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is not a military spouse or
military servicemember, does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body may issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
was not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas
law that regulates the occupation and that are materially different from
or additional to the law of another state, or shall be limited to any
materially different or additional body of knowledge or skill required
for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification
or a temporary permit to any person who meets the requirements under
this section but was separated from such military service under less
than honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict
with or in a manner inconsistent with federal law or a multistate Senate Substitute for HOUSE BILL No. 2344—page 9
compact, or a rule or regulation or a reciprocal or other applicable
statutory provision that would allow an applicant to receive a license.
Nothing in this section shall be construed as prohibiting a licensing
body from denying any application for licensure, registration or
certification, or declining to grant a temporary or probationary license,
if the licensing body determines that granting the application may
jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict
with any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall
apply to applicants under this section.
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
temporary emergency license to practice any profession licensed,
certified, registered or regulated by the licensing body to an applicant
whose qualifications the licensing body determines to be sufficient to
protect health and safety of the public and may prohibit any unlicensed
person from practicing any profession licensed, certified, registered or
regulated by the licensing body.
(o) Licensing bodies may provide electronic credentials to persons
regulated by the licensing body. For purposes of this subsection,
"electronic credential" means an electronic method by which a person
may display or transmit to another person information that verifies a
person's certification, licensure, registration or permit. A licensing body
may prescribe the format or requirements of the electronic credential to
be used by the licensing body. Any statutory or regulatory requirement
to display, post or produce a credential issued by a licensing body may
be satisfied by the proffer of an electronic credential authorized by the
licensing body. A licensing body may use a third-party electronic
credential system that is not maintained by the licensing body. Such
electronic credential system shall include a verification system that is
operated by the licensing body or its agent on behalf of the licensing
body for the purpose of verifying the authenticity and validity of
electronic credentials issued by the licensing body.
(p) Each licensing body shall adopt rules and regulations
necessary to implement and carry out the provisions of this section.
(q) This section shall not apply to the practice of law or the
regulation of attorneys pursuant to K.S.A. 7-103, and amendments
thereto.
(r) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of
engineering, as defined in K.S.A. 74-7003, and amendments thereto,
may deny an application for licensure, registration or certification, or
decline to grant a temporary or probationary license, if the board
determines the applicant's qualifications are not substantially equivalent
to those established by the board. Such boards shall not otherwise be
exempt from the provisions of this act.
(s) This section shall apply to all licensing bodies not excluded
under subsection (q), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry; Senate Substitute for HOUSE BILL No. 2344—page 10
(12) the state board of healing arts, as provided by subsection (r);
(13) the secretary of health and environment, including with
respect to K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15) the state board of mortuary arts;
(16) the board of nursing;
(17) the state board of pharmacy;
(18) the Kansas real estate commission;
(19) the real estate appraisal board;
(20) the state board of technical professions, as provided by
subsection (r); and
(21) the state board of veterinary examiners.
(t) All proceedings pursuant to this section shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act and shall be reviewable in accordance with the Kansas judicial
review act.
(u) (1) Commencing on July 1, 2021, and each year thereafter,
Each licensing body listed in subsection (s)(1) through (21) shall
provide a report for the period of July 1 through June 30 to the director
of legislative research by August 31 of each year, providing
information requested by the director of legislative research to fulfill
the requirements of this subsection. The director of legislative research
shall develop the report format, prepare an analysis of the reports and
submit and present the analysis to the office of the governor, the house
of representatives standing committee on commerce, labor and
economic development of the house of representatives or any
successor committee thereof, the senate standing committee on
commerce of the senate or any successor committee thereof, the house
of representatives standing committee on appropriations of the house of
representatives and the or any successor committee thereof on and the
senate standing committee on ways and means of the senate or any
successor committee thereof, by January 15 of the succeeding year. The
director's report may provide any analysis the director deems useful and
shall provide the following items, detailed by applicant type, including
military servicemember, military spouse and non-military individual:
(1)(A) The number of applications received under the provisions
of this section;
(2)(B) the number of applications granted under this section;
(3)(C) the number of applications denied under this section;
(4)(D) the average time between receipt of the application and
completion of the application;
(5)(E) the average time between receipt of a complete application
and issuance of a license, certification or registration; and
(6)(F) identification of applications submitted under this section
where the issuance of credentials or another determination by the
licensing body was not made within the time limitations pursuant to
this section and the reasons for the failure to meet such time limitations.
(2) All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not
permit identification of individual applicants.
Sec. 10. K.S.A. 65-503 is hereby amended to read as follows: 65-
503. As used in this act:
(a) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding
homes for children by placing or arranging for the placement of such
children for adoption or foster care "Assistant teacher" means an
individual who meets the requirements of section 1(c), and amendments
thereto, and can independently staff a unit in a child care center where
all children are at least 12 months old.
(b) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of Senate Substitute for HOUSE BILL No. 2344—page 11
specific services provided by child care facilities, to assist parents to
find child care "Boarding school" means a facility that provides 24-
hour care to school-age children, provides education as its primary
function and is accredited by an accrediting agency acceptable to the
secretary of health and environment.
(c) "Child care center" means a facility that meets child care
center regulations and provides care and educational activities for
children who are two weeks to 10 years of age for at least three hours
but less than 24 hours per day or care before and after school for
school-age children.
(d) "Child care facility" means:
(1) A facility maintained by a person who has control or custody
of one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or
lodging, or both, except excluding children in the custody of the
secretary for children and families who are placed with a prospective
adoptive family pursuant to the provisions of an adoptive placement
agreement or who are related to the person by blood, marriage or legal
adoption;
(2) a children's home, orphanage, maternity home, day care
facility or other facility of a type determined by that the secretary to
require determines to require regulation under the provisions of this
act;
(3) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(4) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or
county or the state.
(d)(e) "Child care home" means the premises where care is
provided for a maximum of 12 children under 10 years of age by one
provider or a maximum number of 17 children under 10 years of age
by two or more providers, with a limited number of children under five
years of age in accordance with section 2, and amendments thereto.
(f) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of
specific services provided by child care facilities, to assist parents to
find child care.
(g) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding
homes for children by placing or arranging for the placement of such
children for adoption or foster care.
(h) "Day care facility" means a child care facility that includes a
day child care home, preschool, child care center, school-age program
or other facility of a type determined by the secretary to require
regulation under the provisions of K.S.A. 65-501 et seq., and
amendments thereto. "Day care facility" does not include a drop-in
program.
(e)(i) "Drop-in program" means the same as defined in K.S.A. 65-
527, and amendments thereto.
(j) "Infant" means a child who is between two weeks and 12
months of age or a child older than 12 months of age who has not
learned to walk.
(k) "Lead teacher" means an individual who meets the
requirements of section 1(c), and amendments thereto, and can
independently staff any unit in a child care center.
(l) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(m) "Maternity center" means a facility that provides delivery
services for normal, uncomplicated pregnancies. "Maternity center"
does not include a medical care facility as defined in K.S.A. 65-425,
and amendments thereto.
(n) "Person" means any individual, association, partnership, Senate Substitute for HOUSE BILL No. 2344—page 12
corporation, government, governmental subdivision or other entity.
(f) "Boarding school" means a facility which provides 24-hour
care to school age children, provides education as its primary function,
and is accredited by an accrediting agency acceptable to the secretary
of health and environment.
(g) "Maternity center" means a facility which provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(o) "Program director" means the staff member of a child care
center who meets the requirements of section 1(b), and amendments
thereto, and who is responsible for implementing and supervising the
comprehensive and coordinated plan of activities that provide for the
education, care, protection and development of children who attend a
child care center.
(p) "School-age" means a child who will be at least six years of
age on or before the first day of September of any school year but is
under 16 years of age.
(q) "This act" means article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
(r) "Toddler" means a child who has learned to walk and is at
least 12 but less than 30 months of age.
(s) "Unit" means the number of children that may be present in
one group in a child care center as specified in sections 2 and 3, and
amendments thereto.
Sec. 11. K.S.A. 65-505 is hereby amended to read as follows: 65-
505. (a) (1) The annual fee for a license to conduct a maternity center
or child care facility shall be fixed by the secretary of health and
environment by rules and regulations in an amount not exceeding the
following:
(1)(A) For a maternity center, $150;
(2)(B) for a child placement agency, $150; and
(3)(C) for a child care resource and referral agency, $150; and.
(4)(2) for any otherExcept for child care facilities listed in
paragraph (1), there shall be no annual fee for a license to conduct a
child care facility, $75 plus $1 times the maximum number of children
authorized under the license to be on the premises at any one time.
(3) The license fee shall be paid to the secretary of health and
environment when the license is applied for and annually thereafter.
The fee shall not be refundable. No fee shall be charged for a license to
conduct a home for children which that is a family foster home as
defined in K.A.R. 28-4-311, and amendments thereto. Fees in effect
under this subsection (a) immediately prior to the effective date of this
act shall continue in effect on and after the effective date of this act
until a different fee is established by the secretary of health and
environment by rules and regulations under this subsection.
(b) Any licensee who fails to renew such license within 30 days
after the expiration of the license shall pay to the secretary the renewal
fee plus a late fee in an amount of $75 or equal to the fee for the
renewal of a license, whichever is greater.
(c) Any licensee applying for an amended license shall pay to the
secretary of health and environment a fee established by rules and
regulations of the secretary in an amount not exceeding $35.
(d) The secretary of health and environment shall remit all moneys
received by the secretary from fees under the provisions of this section
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, notwithstanding any other law to the contrary, shall
deposit the entire amount in the state treasury to the credit of the
maternity centers and child care licensing fee fund. All expenditures
from the maternity centers and child care licensing fee fund shall be
made only for the purposes of article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, in accordance with
appropriation acts upon warrants of the director of accounts and reports Senate Substitute for HOUSE BILL No. 2344—page 13
issued pursuant to vouchers approved by the secretary of health and
environment or by a person or persons designated by the secretary.
Notwithstanding any other law to the contrary, no moneys shall be
transferred or otherwise revert from this fund to the state general fund
by appropriation act or other act of the legislature. Moneys available
under this section by the creation of the maternity centers and child
care licensing fee fund shall not be substituted for or used to reduce or
eliminate moneys available to the department of health and
environment to administer the provisions of article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto. Nothing in
this act shall be construed to authorize a reduction or elimination of
moneys made available by the state to local units of government for the
purposes of article 5 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto.
Sec. 12. K.S.A. 65-508 is hereby amended to read as follows: 65-
508. (a) Any maternity center or child care facility subject to the
provisions of this act shall: (1) Be properly heated, plumbed, lighted
and ventilated; (2) have plumbing, water and sewerage systems which
that conform to all applicable state and local laws; and (3) be operated
with strict regard to the health, safety and welfare of any woman or
child.
(b) (1) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee an
individual towel, wash cloth washcloth or disposable products, comb
and individual drinking cup or sanitary bubbling fountain, and
toothbrushes for all other than infants, and shall keep or require such
articles to be kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or
as appropriate.
(3) Every maternity center or child care facility shall comply with
all applicable fire codes and rules and regulations of the state fire
marshal.
(c) (1) The secretary of health and environment with the
cooperation of the secretary for children and families shall develop and
adopt rules and regulations for the operation and maintenance of
maternity centers and child care facilities. The rules and regulations for
operating and maintaining maternity centers and child care facilities
shall be designed to promote the health, safety and welfare of any
woman or child served in such facilities by ensuring safe and adequate
physical surroundings, healthful food, adequate handwashing, safe
storage of toxic substances and hazardous chemicals, sanitary diapering
and toileting, home sanitation, supervision and care of the residents by
capable, qualified persons of sufficient number, after-hour care, an
adequate program of activities and services, sudden infant death
syndrome and safe sleep practices training, prohibition on corporal
punishment, crib safety, protection from electrical hazards, protection
from swimming pools and other water sources, fire drills, emergency
plans, safety of outdoor playground surfaces, door locks, safety gates
and transportation and such appropriate parental participation as may
be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations,
competent supervision as this term relates to children less than five
years of age includes, but is not limited to, direction of activities,
adequate oversight including sight or sound monitoring, or both,
physical proximity to children, diapering and toileting practices; and
for all children, competent supervision includes, but is not limited to,
planning and supervision of daily activities, safe sleep practices,
including, but not limited to, visual or sound monitoring, periodic
checking, emergency response procedures and drills, illness and injury
response procedures, food service preparation and sanitation, Senate Substitute for HOUSE BILL No. 2344—page 14
playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this
section for safe sleep practices, child care facilities shall ensure that all
of the following requirements are met for children under 12 months of
age:
(1) A child shall only be placed to sleep on a surface and in an
area that has been approved for use as such by the secretary of health
and environment;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months
of age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise
discretion to make exceptions to requirements in subsections (d) and (e)
where special health needs exist.
(g) Each child cared for in a child care facility, including children
of the person maintaining the facility, shall be required to have current
such immunizations as the secretary of health and environment
considers necessary. The person maintaining a child care facility shall
maintain a record of each child's immunizations and shall provide to
the secretary of health and environment such information relating
thereto, in accordance with rules and regulations of the secretary, but
the person maintaining a child care facility shall not have such person's
license revoked solely for the failure to have or to maintain the
immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not
apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the
child's life or health; or
(2) a written statement signed by a parent or guardian that the
parent or guardian is an adherent of a religious denomination whose
teachings are opposed to immunizations. Senate Substitute for HOUSE BILL No. 2344—page 15
Sec. 13. K.S.A. 65-503, 65-505 and 65-508 and K.S.A. 2022
Supp. 48-3406 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House,
and passed that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.