Kansas 2023-2024 Regular Session

Kansas Senate Bill SB282 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 282
3	3	By Committee on Federal and State Affairs
4	4	3-1
5	5	AN ACT concerning the department of health and environment; relating to
6	6	licensure of child care facilities; day care homes and child care centers;
7	7	establishing license capacity and staff-to-child ratios; lowering license
8	8	fees and training requirements; required age of child care center staff;
9	9	creating a process for day care facility licensees to apply for temporary
10	10	waiver of certain statutory requirements; authorizing the secretary to
11	11	develop and operate pilot programs to increase day care facility
12	12	availability and capacity; amending K.S.A. 65-503, 65-505, 65-508 and
13	13	65-512 and K.S.A. 2022 Supp. 48-3406 and repealing the existing
14	14	sections.
15	15	Be it enacted by the Legislature of the State of Kansas:
16	16	New Section 1. (a) Child care center staff shall meet the training
17	17	requirements for the license capacity of the child care center as set forth in
18	18	this section.
19	19	(b) A program director shall be 18 years of age or older and shall
20	20	meet the training requirements for the license capacity of the child care
21	21	center, as determined by the secretary, but such requirements shall not
22	22	require more teaching experience or college credit than provided in this
23	23	section. A child care center shall have a program director on the premises
24	24	with training requirements that meet one of the following options:
25	25	(1) If a child care center has fewer than 13 children enrolled:
26	26	(A) Three months' teaching experience in a licensed day care facility;
27	27	(B) five sessions of observation for at least 2.5 consecutive hours per
28	28	observation in a licensed day care facility and 10 clock hours of
29	29	workshops approved by the state licensing staff;
30	30	(C) earned at least three semester hours of academic credit from a
31	31	postsecondary educational institution or equivalent training in childhood
32	32	development, early childhood education or curriculum resources and
33	33	supervised observation in high school or college and three months'
34	34	experience caring for children in a licensed day care facility; or
35	35	(D) a child development associate credential.
36	36	(2) If a child care center has at least 13 but not more than 24 children
37	37	enrolled:
38	38	(A) Five sessions of observation for at least 2.5 consecutive hours per
39	39	observation in a licensed day care facility and six months' teaching
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76	76	experience or supervised practicum in a licensed day care facility;
77	77	(B) (i) seven to nine semester hours of academic credit from a
78	78	postsecondary educational institution or equivalent training in childhood
79	79	development, early childhood education or curriculum resources; and
80	80	(ii) three months' teaching experience in a licensed child care facility
81	81	or one year of supervised practicum in a licensed day care facility; or
82	82	(C) a child development associate credential.
83	83	(3) If a child care center has more than 24 children:
84	84	(A) Seven to nine semester hours of academic credit from a
85	85	postsecondary educational institution or equivalent training in child
86	86	development, early childhood education, curriculum resources, nutrition,
87	87	child guidance, parent education, supervised practicum or administration
88	88	of early childhood programs and six months' teaching experience in a
89	89	licensed day care facility;
90	90	(B) (i) A child development associate credential, an associate of arts
91	91	degree or a two-year certificate in child development; and
92	92	(ii) nine months' teaching experience or supervised practicum in a
93	93	licensed day care facility;
94	94	(C) a bachelor of arts or a bachelor of science degree in child
95	95	development or early childhood education, including a supervised
96	96	practicum, and three months' teaching experience in a licensed day care
97	97	facility; or
98	98	(D) a bachelor of arts or a bachelor of science degree in a related
99	99	academic discipline and 12 hours of academic study or equivalent training
100	100	in child development, early childhood education, curriculum resources,
101	101	nutrition, child guidance, parent education, supervised practicum, or
102	102	administration of early childhood programs, and six months' teaching
103	103	experience in a licensed day care facility.
104	104	(c) (1) Each individual designated as a group leader shall be 18 years
105	105	of age or older and possess either a high school diploma or equivalent
106	106	education and meet one of following qualifications:
107	107	(A) Three months' experience caring for children in a licensed day
108	108	care facility;
109	109	(B) 30 days' teaching experience in a licensed day care facility;
110	110	(C) five sessions of observation for at least 2.5 consecutive hours per
111	111	observation in a licensed day care facility and 10 clock hours of
112	112	workshops approved by the state licensing staff; or
113	113	(D) at least three semester credit hours of academic credit or
114	114	equivalent training in childhood development, early childhood education
115	115	or curriculum resources and supervised observation in high school or
116	116	college.
117	117	(2) Each individual designated as an assistant group leader shall be 16
118	118	years of age or older and complete staff orientation at the time of
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162	162	employment.
163	163	(d) (1) A unit with at least one infant shall have at least one staff
164	164	member present who is designated as a group leader.
165	165	(2) A unit where all children are at least 12 months old shall have at
166	166	least one staff member present who is designated as an assistant group
167	167	leader.
168	168	(3) A unit with at least one infant may have a staff member present
169	169	who is 16 years of age, but such staff member shall be under the direct
170	170	supervision of an individual designated as a group leader.
171	171	(4) A unit where all children are at least 12 months old may have a
172	172	staff member present who is 14 years of age, but such staff member shall
173	173	be under the direct supervision of an individual designated as a group
174	174	leader.
175	175	(5) All staff members shall be at least three years older than the oldest
176	176	child in the unit where such staff member is caring for children.
177	177	(e) For each licensure year beginning after July 1, 2023, each
178	178	program director, administrator, group leader, assistant group leader and
179	179	any other staff member who provides care to children in a child care center
180	180	shall complete professional development training in an amount determined
181	181	by the secretary not to exceed eight clock hours per licensure year.
182	182	(f) As used in this section, "secretary" means the secretary of health
183	183	and environment.
184	184	(g) This section shall be a part of and supplemental to article 5 of
185	185	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
186	186	New Sec. 2. (a) The maximum number of children for which a day
187	187	care home that has one provider may be licensed shall be the following:
188	188	Under 12 monthsAt least 12 monthsAt least fiveLicense capacity
189	189	of agebut under fivebut under 16
190	190	years of ageyears of age
191	191	0 8 4 12
192	192	1 5 6 12
193	193	2 4 4 10
194	194	3 3 3 9
195	195	4 2 2 8
196	196	(b) The maximum number of children for which a group day care
197	197	home may be licensed shall be the following:
198	198	(1) Maximum number of children with one provider:
199	199	Age of child enrolled License capacity
200	200	At least 2.5 years but under 16 years of age 12
201	201	At least three years but under 16 years of age 13
202	202	At least five years but under 16 years of age 15
203	203	(2) Maximum number of children with two providers:
204	204	Under 12 monthsAt least 12 monthsAt least fiveLicense capacity
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248	248	of agebut under fivebut under 16
249	249	years of ageyears of age
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255	255	(3) If the number of children present exceeds the maximum number
256	256	allowed for one provider, a second provider shall be present.
257	257	(c) (1) Children five years of age and older may be substituted for
258	258	younger children in the license capacity in subsections (a) and (b).
259	259	(2) Two or fewer children who are 2.5 years of age or older and are
260	260	not counted toward the license capacity in subsections (a) and (b) may be
261	261	present on the premises between 11:00 a.m. and 1:00 p.m. for the noon
262	262	meal.
263	263	(3) Two or fewer children who are at least five years of age but under
264	264	16 years of age and are not counted toward the license capacity in
265	265	subsections (a) and (b) may be present as follows:
266	266	(A) During the academic school year before and after school, in-
267	267	service days, school holidays, scheduled or emergency closures and school
268	268	breaks not to exceed two consecutive weeks; and
269	269	(B) during the two consecutive weeks before the opening of the
270	270	academic school year in August or September and following the end of the
271	271	academic school year in May or June.
272	272	(4) Two or fewer children 16 years of age or older, unrelated to the
273	273	applicant or licensee, may be present for two hours or less a day during
274	274	child care hours if the additional children are:
275	275	(i) Not on the premises for the purpose of receiving child care in the
276	276	facility;
277	277	(ii) vising the applicant's or the licensee's own child or children; or
278	278	(iii) supervised by a provider if they have access to the children in
279	279	care.
280	280	(d) No child shall be left unsupervised.
281	281	(e) A volunteer shall be 14 years of age or older and, if working
282	282	directly with children, at least three years older than the oldest child in the
283	283	day care facility. A volunteer may be counted in the staff-to-child ratio if
284	284	such volunteer completes the education and training requirements for a
285	285	volunteer as determined by the secretary and is supervised at all times by a
286	286	staff member who is not a volunteer.
287	287	(f) No city or county shall adopt any ordinance, resolution or
288	288	regulation restricting the maximum number of children for which a day
289	289	care home or group day care home may be licensed that is more strict than
290	290	this section.
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334	334	(g) This section shall be a part of and supplemental to article 5 of
335	335	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
336	336	New Sec. 3. (a) The ratio of staff members to children in a day care
337	337	center shall be determined by the ages of the children and the type of care
338	338	provided.
339	339	(1) The minimum staff-to-child ratio and the maximum number of
340	340	children per unit shall be the following:
341	341	Age of children Minimum staff-to-child Maximum number
342	342	ratio of children
343	343	per unit
344	344	Infants 1 to 4 12
345	345	Infants and other 1 to 6 12
346	346	children under six (including three or (including six or
347	347	fewer infants) fewer infants)
348	348	Toddlers 1 to 7 14
349	349	Children at least two 8 16
350	350	but under three
351	351	years of age
352	352	Children at least 2.5 years 12 24
353	353	of age but under
354	354	school age
355	355	Children at least 3 years 15 30
356	356	of age but under
357	357	school age
358	358	Kindergarten enrollees 18 36
359	359	School age 20 40
360	360	(2) No child shall be left unsupervised.
361	361	(3) A volunteer shall be 14 years of age or older and, if working
362	362	directly with children, at least three years older than the oldest child in the
363	363	day care facility. A volunteer may be counted in the staff-to-child ratio if
364	364	such volunteer completes the education and training requirements for a
365	365	volunteer as determined by the secretary and is supervised at all times by a
366	366	staff member who is not a volunteer.
367	367	(c) No city or county shall adopt any ordinance, resolution or
368	368	regulation restricting the staff-to-child ratios and children per unit in a day
369	369	care facility that is more strict than this section.
370	370	(d) This section shall be a part of and supplemental to article 5 of
371	371	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
372	372	New Sec. 4. (a) A child care center shall meet the legal requirements
373	373	of the local jurisdiction where the child care center is located for fire
374	374	protection, water supply and sewage disposal.
375	375	(b) The designated area for children's activities shall contain a
376	376	minimum of 25 square feet of floor space per child, exclusive of kitchens,
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420	420	passageways, storage areas and bathrooms.
421	421	(c) This section shall be a part of and supplemental to article 5 of
422	422	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
423	423	New Sec. 5. (a) The secretary shall not require as a condition of
424	424	licensure for a day care home or group day care home that the licensee live
425	425	in the day care home or group day care home.
426	426	(b) This section shall be a part of and supplemental to article 5 of
427	427	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
428	428	New Sec. 6. (a) Notwithstanding the provisions of any other law to
429	429	the contrary, a person granted licensure to maintain a day care facility may
430	430	request from the secretary a waiver from the requirements of this act for a
431	431	set period of time. Waiver requests shall be made in a form and manner
432	432	approved by the secretary and shall contain the provisions of the statute
433	433	sought to be waived and the reasons therefor.
434	434	(b) This section shall be a part of and supplemental to article 5 of
435	435	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
436	436	New Sec. 7. (a) (1) Notwithstanding the provisions of any other law
437	437	to the contrary, the secretary may develop and operate pilot programs
438	438	designed to increase the availability or capacity of day care facilities in the
439	439	state.
440	440	(2) The secretary may grant licensure to a person to maintain a day
441	441	care facility in a pilot program under this section that waives the
442	442	requirements of this act or rules and regulations related to licensure and
443	443	operation of a day care facility, including requirements for staff at such
444	444	day care facility. A day care facility granted a license under this section
445	445	shall comply with any alternative terms, conditions and requirements of
446	446	the secretary as may be necessary to protect the health, safety and welfare
447	447	of any children that attend such day care facility.
448	448	(3) The secretary shall not grant a license under this section if the
449	449	secretary determines that a day care facility or staff of such facility would
450	450	endanger the health, safety and welfare of any child.
451	451	(b) The secretary may grant licensure to a person to maintain a day
452	452	care facility under this section for up to five licensure years, except that
453	453	the secretary may grant an additional two years of licensure to any facility
454	454	that participated in a pilot program pursuant to subsection (c) during the
455	455	adoption of such rules and regulations.
456	456	(c) If the secretary determines that a pilot program has been
457	457	successful and will increase the availability or capacity of day care
458	458	facilities in the state, the secretary shall:
459	459	(1) Make suggestions and recommendations for statutory changes
460	460	relating to day care facilities; and
461	461	(2) adopt any rules and regulations consistent with the findings from
462	462	such pilot program, including additional licensure categories and
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506	506	requirements therefor.
507	507	(d) On or before the first day of each regular session of the
508	508	legislature, the secretary shall prepare and submit a report regarding any
509	509	pilot program to the legislature. Such report shall include, but not be
510	510	limited to, the number of participating day care facilities and number of
511	511	children attending such facilities, provisions of statutes and regulations
512	512	waived by the secretary, recommendations for changes to this act and a
513	513	summary of findings from the pilot program based on available
514	514	information.
515	515	(e) This section shall be a part of and supplemental to article 5 of
516	516	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
517	517	Sec. 8. K.S.A. 2022 Supp. 48-3406 is hereby amended to read as
518	518	follows: 48-3406. (a) For the purposes of this section:
519	519	(1) "Applicant" means an individual who is a military spouse,
520	520	military servicemember or an individual who has established or intends to
521	521	establish residency in this state. "Applicant" with respect to law
522	522	enforcement certification by the Kansas commission on peace officers'
523	523	standards and training means an applicant who has met the employment
524	524	requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
525	525	(2) "Complete application" means the licensing body has received all
526	526	forms, fees, documentation, a signed affidavit stating that the application
527	527	information, including necessary prior employment history, is true and
528	528	accurate and any other information required or requested by the licensing
529	529	body for the purpose of evaluating the application, consistent with this
530	530	section and the rules and regulations adopted by the licensing body
531	531	pursuant to this section. If the licensing body has received all such forms,
532	532	fees, documentation and any other information required or requested by
533	533	the licensing body, an application shall be deemed to be a complete
534	534	application even if the licensing body has not yet received a criminal
535	535	background report from the Kansas bureau of investigation.
536	536	(3) "Licensing body" means an official, agency, board or other entity
537	537	of the state which authorizes individuals to practice a profession in this
538	538	state and issues a license, registration, certificate, permit or other
539	539	authorization to an individual so authorized.
540	540	(4) "Military servicemember" means a current member of any branch
541	541	of the United States armed services, United States military reserves or
542	542	national guard of any state or a former member with an honorable
543	543	discharge.
544	544	(5) "Military spouse" means the spouse of a military servicemember.
545	545	(6) "Private certification" means a voluntary program in which a
546	546	private organization grants nontransferable recognition to an individual
547	547	who meets personal qualifications and standards relevant to performing the
548	548	occupation as determined by the private organization.
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592	592	(7) "Scope of practice" means the procedures, actions, processes and
593	593	work that a person may perform under a government issued license,
594	594	registration or certification.
595	595	(b) Notwithstanding any other provision of law, any a licensing body
596	596	shall, upon submission of a complete application, issue a license,
597	597	registration or certification to an applicant as provided by this section, so
598	598	that the applicant may lawfully practice the person's occupation.
599	599	(c) An applicant who holds a valid current license, registration or
600	600	certification in another state, district or territory of the United States shall
601	601	receive a license, registration or certification:
602	602	(1) If the applicant qualifies under the applicable Kansas licensure,
603	603	registration or certification by endorsement, reinstatement or reciprocity
604	604	statutes, then pursuant to applicable licensure, registration or certification
605	605	by endorsement, reinstatement or reciprocity statutes of the licensing body
606	606	of this state for the license, registration or certification within 15 days from
607	607	the date a complete application was submitted if the applicant is a military
608	608	servicemember or military spouse or within 45 days from the date a
609	609	complete application was submitted for all other applicants; or
610	610	(2) if the applicant does not qualify under the applicable licensure,
611	611	registration or certification by endorsement, reinstatement or reciprocity
612	612	statutes of the licensing body of this state, or if the Kansas professional
613	613	practice act does not have licensure, registration or certification by
614	614	endorsement, reinstatement or reciprocity statutes, then the applicant shall
615	615	receive a license, registration or certification as provided herein if, at the
616	616	time of application, the applicant:
617	617	(A) Holds a valid current license, registration or certification in
618	618	another state, district or territory of the United States with licensure,
619	619	registration or certification requirements that the licensing body
620	620	determines authorize a similar scope of practice as those established by the
621	621	licensing body of this state, or holds a certification issued by another state
622	622	for practicing the occupation but this state requires an occupational
623	623	license, and the licensing body of this state determines that the
624	624	certification requirements certify a similar scope of practice as the
625	625	licensing requirements established by the licensing body of this state;
626	626	(B) has worked for at least one year in the occupation for which the
627	627	license, certification or registration is sought;
628	628	(C) has not committed an act in any jurisdiction that would have
629	629	constituted grounds for the limitation, suspension or revocation of the
630	630	license, certificate or registration, or that the applicant has never been
631	631	censured or had other disciplinary action taken or had an application for
632	632	licensure, registration or certification denied or refused to practice an
633	633	occupation for which the applicant seeks licensure, registration or
634	634	certification;
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677	677	43 SB 282 9
678	678	(D) has not been disciplined by a licensing, registering, certifying or
679	679	other credentialing entity in another jurisdiction and is not the subject of
680	680	an unresolved complaint, review procedure or disciplinary proceeding
681	681	conducted by a licensing, registering, certifying or other credentialing
682	682	entity in another jurisdiction nor has surrendered their membership on any
683	683	professional staff in any professional association or society or faculty for
684	684	another state or jurisdiction while under investigation or to avoid adverse
685	685	action for acts or conduct similar to acts or conduct that would constitute
686	686	grounds for disciplinary action in a Kansas practice act;
687	687	(E) does not have a disqualifying criminal record as determined by
688	688	the licensing body of this state under Kansas law;
689	689	(F) provides proof of solvency, financial standing, bonding or
690	690	insurance if required by the licensing body of this state, but only to the
691	691	same extent as required of any applicant with similar credentials or
692	692	experience;
693	693	(G) pays any fees required by the licensing body of this state; and
694	694	(H) submits with the application a signed affidavit stating that the
695	695	application information, including necessary prior employment history, is
696	696	true and accurate.
697	697	Upon receiving a complete application and the provisions of subsection
698	698	(c)(2) apply and have been met by the applicant, the licensing body shall
699	699	issue the license, registration or certification within 15 days from the date
700	700	a complete application was submitted by a military servicemember or
701	701	military spouse, or within 45 days from the date a complete application
702	702	was submitted by an applicant who is not a military servicemember or
703	703	military spouse, to the applicant on a probationary basis, but may revoke
704	704	the license, registration or certification at any time if the information
705	705	provided in the application is found to be false. The probationary period
706	706	shall not exceed six months. Upon completion of the probationary period,
707	707	the license, certification or registration shall become a non-probationary
708	708	license, certification or registration.
709	709	(d) Any applicant who has not been in the active practice of the
710	710	occupation during the two years preceding the application for which the
711	711	applicant seeks a license, registration or certification under subsection (c)
712	712	(2) may be required to complete such additional testing, training,
713	713	monitoring or continuing education as the Kansas licensing body may
714	714	deem necessary to establish the applicant's present ability to practice in a
715	715	manner that protects the health and safety of the public, as provided by
716	716	subsection (j).
717	717	(e) Upon submission of a complete application, an applicant may
718	718	receive an occupational license, registration or certification based on the
719	719	applicant's work experience in another state, if the applicant:
720	720	(1) Worked in a state that does not use an occupational license,
721	721	1
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763	763	43 SB 282 10
764	764	registration, certification or private certification to regulate an occupation,
765	765	but this state uses an occupational license, registration or certification to
766	766	regulate the occupation;
767	767	(2) worked for at least three years in the occupation during the four
768	768	years immediately preceding the application; and
769	769	(3) satisfies the requirements of subsection (c)(2)(C) through (H).
770	770	(f) Upon submission of a complete application, an applicant may
771	771	receive an occupational license, registration or certification under
772	772	subsection (b) based on the applicant's holding of a private certification
773	773	and work experience in another state, if the applicant:
774	774	(1) Holds a private certification and worked in a state that does not
775	775	use an occupational license or government certification to regulate an
776	776	occupation, but this state uses an occupational license or government
777	777	certification to regulate the occupation;
778	778	(2) worked for at least two years in the occupation;
779	779	(3) holds a current and valid private certification in the occupation;
780	780	(4) is held in good standing by the organization that issued the private
781	781	certification; and
782	782	(5) satisfies the requirements of subsection (c)(2)(C) through (H).
783	783	(g) An applicant licensed, registered or certified under this section
784	784	shall be entitled to the same rights and subject to the same obligations as
785	785	are provided by the licensing body for Kansas residents, except that
786	786	revocation or suspension of an applicant's license, registration or
787	787	certificate in the applicant's state of residence or any jurisdiction in which
788	788	the applicant held a license, registration or certificate shall automatically
789	789	cause the same revocation or suspension of such applicant's license,
790	790	registration or certificate in Kansas. No hearing shall be granted to an
791	791	applicant where such applicant's license, registration or certificate is
792	792	subject to such automatic revocation or suspension, except for the purpose
793	793	of establishing the fact of revocation or suspension of the applicant's
794	794	license, registration or certificate by the applicant's state of residence or
795	795	jurisdiction in which the applicant held a license, registration or certificate.
796	796	(h) In the event the licensing body determines that the license,
797	797	registration or certificate currently held by an applicant under subsection
798	798	(c)(2) or the work experience or private credential held by an applicant
799	799	under subsections (e) or (f), who is a military spouse or military
800	800	servicemember does not authorize a similar scope of practice as the
801	801	license, registration or certification issued by the licensing body of this
802	802	state, the licensing body shall issue a temporary permit for a limited period
803	803	of time to allow the applicant to lawfully practice the applicant's
804	804	occupation while completing any specific requirements that are required in
805	805	this state for licensure, registration or certification that were not required
806	806	in the state, district or territory of the United States in which the applicant
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848	848	42
849	849	43 SB 282 11
850	850	was licensed, registered, certified or otherwise credentialed, unless the
851	851	licensing body finds, based on specific grounds, that issuing a temporary
852	852	permit would jeopardize the health and safety of the public.
853	853	(i) In the event the licensing body determines that the license,
854	854	registration or certification currently held by an applicant under subsection
855	855	(c)(2) or the work experience or private credential held by an applicant
856	856	under subsections (e) or (f), who is not a military spouse or military
857	857	servicemember, does not authorize a similar scope of practice as the
858	858	license, registration or certification issued by the licensing body of this
859	859	state, the licensing body may issue a temporary permit for a limited period
860	860	of time to allow the applicant to lawfully practice the applicant's
861	861	occupation while completing any specific requirements that are required in
862	862	this state for licensure, registration or certification that was not required in
863	863	the state, district or territory of the United States in which the applicant
864	864	was licensed, registered, certified or otherwise credentialed, unless the
865	865	licensing body finds, based on specific grounds, that issuing a temporary
866	866	permit would jeopardize the health and safety of the public.
867	867	(j) Any testing, continuing education or training requirements
868	868	administered under subsection (d), (h) or (i) shall be limited to Kansas law
869	869	that regulates the occupation and that are materially different from or
870	870	additional to the law of another state, or shall be limited to any materially
871	871	different or additional body of knowledge or skill required for the
872	872	occupational license, registration or certification in Kansas.
873	873	(k) A licensing body may grant licensure, registration, certification or
874	874	a temporary permit to any person who meets the requirements under this
875	875	section but was separated from such military service under less than
876	876	honorable conditions or with a general discharge under honorable
877	877	conditions.
878	878	(l) Nothing in this section shall be construed to apply in conflict with
879	879	or in a manner inconsistent with federal law or a multistate compact, or a
880	880	rule or regulation or a reciprocal or other applicable statutory provision
881	881	that would allow an applicant to receive a license. Nothing in this section
882	882	shall be construed as prohibiting a licensing body from denying any
883	883	application for licensure, registration or certification, or declining to grant
884	884	a temporary or probationary license, if the licensing body determines that
885	885	granting the application may jeopardize the health and safety of the public.
886	886	(m) Nothing in this section shall be construed to be in conflict with
887	887	any applicable Kansas statute defining the scope of practice of an
888	888	occupation. The scope of practice as provided by Kansas law shall apply to
889	889	applicants under this section.
890	890	(n) Notwithstanding any other provision of law, during a state of
891	891	emergency declared by the legislature, a licensing body may grant a
892	892	temporary emergency license to practice any profession licensed, certified,
893	893	1
894	894	2
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935	935	43 SB 282 12
936	936	registered or regulated by the licensing body to an applicant whose
937	937	qualifications the licensing body determines to be sufficient to protect
938	938	health and safety of the public and may prohibit any unlicensed person
939	939	from practicing any profession licensed, certified, registered or regulated
940	940	by the licensing body.
941	941	(o) Licensing bodies may provide electronic credentials to persons
942	942	regulated by the licensing body. For purposes of this subsection,
943	943	"electronic credential" means an electronic method by which a person may
944	944	display or transmit to another person information that verifies a person's
945	945	certification, licensure, registration or permit. A licensing body may
946	946	prescribe the format or requirements of the electronic credential to be used
947	947	by the licensing body. Any statutory or regulatory requirement to display,
948	948	post or produce a credential issued by a licensing body may be satisfied by
949	949	the proffer of an electronic credential authorized by the licensing body. A
950	950	licensing body may use a third-party electronic credential system that is
951	951	not maintained by the licensing body. Such electronic credential system
952	952	shall include a verification system that is operated by the licensing body or
953	953	its agent on behalf of the licensing body for the purpose of verifying the
954	954	authenticity and validity of electronic credentials issued by the licensing
955	955	body.
956	956	(p) Each licensing body shall adopt rules and regulations necessary to
957	957	implement and carry out the provisions of this section.
958	958	(q) This section shall not apply to the practice of law or the regulation
959	959	of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
960	960	(r) The state board of healing arts and the state board of technical
961	961	professions, with respect to an applicant who is seeking a license to
962	962	practice professional engineering or engage in the practice of engineering,
963	963	as defined in K.S.A. 74-7003, and amendments thereto, may deny an
964	964	application for licensure, registration or certification, or decline to grant a
965	965	temporary or probationary license, if the board determines the applicant's
966	966	qualifications are not substantially equivalent to those established by the
967	967	board. Such boards shall not otherwise be exempt from the provisions of
968	968	this act.
969	969	(s) This section shall apply to all licensing bodies not excluded under
970	970	subsection (q), including, but not limited to:
971	971	(1) The abstracters' board of examiners;
972	972	(2) the board of accountancy;
973	973	(3) the board of adult care home administrators;
974	974	(4) the secretary for aging and disability services, with respect to
975	975	K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
976	976	thereto;
977	977	(5) the Kansas board of barbering;
978	978	(6) the behavioral sciences regulatory board;
979	979	1
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1021	1021	43 SB 282 13
1022	1022	(7) the Kansas state board of cosmetology;
1023	1023	(8) the Kansas dental board;
1024	1024	(9) the state board of education;
1025	1025	(10) the Kansas board of examiners in fitting and dispensing of
1026	1026	hearing instruments;
1027	1027	(11) the board of examiners in optometry;
1028	1028	(12) the state board of healing arts, as provided by subsection (r);
1029	1029	(13) the secretary of health and environment, including with respect
1030	1030	to K.S.A. 82a-1201 et seq., and amendments thereto;
1031	1031	(14) the commissioner of insurance, with respect to K.S.A. 40-241
1032	1032	and 40-4901 et seq., and amendments thereto;
1033	1033	(15) the state board of mortuary arts;
1034	1034	(16) the board of nursing;
1035	1035	(17) the state board of pharmacy;
1036	1036	(18) the Kansas real estate commission;
1037	1037	(19) the real estate appraisal board;
1038	1038	(20) the state board of technical professions, as provided by
1039	1039	subsection (r); and
1040	1040	(21) the state board of veterinary examiners.
1041	1041	(t) All proceedings pursuant to this section shall be conducted in
1042	1042	accordance with the provisions of the Kansas administrative procedure act
1043	1043	and shall be reviewable in accordance with the Kansas judicial review act.
1044	1044	(u) (1) Commencing on July 1, 2021, and each year thereafter, Each
1045	1045	licensing body listed in subsection (s)(1) through (21) shall provide a
1046	1046	report for the period of July 1 through June 30 to the director of legislative
1047	1047	research by August 31 of each year, providing information requested by
1048	1048	the director of legislative research to fulfill the requirements of this
1049	1049	subsection. The director of legislative research shall develop the report
1050	1050	format, prepare an analysis of the reports and submit and present the
1051	1051	analysis to the office of the governor, the house of representatives standing
1052	1052	committee on commerce, labor and economic development of the house of
1053	1053	representatives or any successor committee thereof, the senate standing
1054	1054	committee on commerce of the senate or any successor committee thereof,
1055	1055	the house of representatives standing committee on appropriations of the
1056	1056	house of representatives and the or any successor committee thereof on
1057	1057	and the senate standing committee on ways and means of the senate or
1058	1058	any successor committee thereof, by January 15 of the succeeding year.
1059	1059	The director's report may provide any analysis the director deems useful
1060	1060	and shall provide the following items, detailed by applicant type, including
1061	1061	military servicemember, military spouse and non-military individual:
1062	1062	(1)(A) The number of applications received under the provisions of
1063	1063	this section;
1064	1064	(2)(B) the number of applications granted under this section;
1065	1065	1
1066	1066	2
1067	1067	3
1068	1068	4
1069	1069	5
1070	1070	6
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1107	1107	43 SB 282 14
1108	1108	(3)(C) the number of applications denied under this section;
1109	1109	(4)(D) the average time between receipt of the application and
1110	1110	completion of the application;
1111	1111	(5)(E) the average time between receipt of a complete application and
1112	1112	issuance of a license, certification or registration; and
1113	1113	(6)(F) identification of applications submitted under this section
1114	1114	where the issuance of credentials or another determination by the licensing
1115	1115	body was not made within the time limitations pursuant to this section and
1116	1116	the reasons for the failure to meet such time limitations.
1117	1117	(2) All information shall be provided by the licensing body to the
1118	1118	director of legislative research in a manner that maintains the
1119	1119	confidentiality of all applicants and in aggregate form that does not permit
1120	1120	identification of individual applicants.
1121	1121	Sec. 9. K.S.A. 65-503 is hereby amended to read as follows: 65-503.
1122	1122	As used in this act:
1123	1123	(a) "Child placement agency" means a business or service conducted,
1124	1124	maintained or operated by a person engaged in finding homes for children
1125	1125	by placing or arranging for the placement of such children for adoption or
1126	1126	foster care "Assistant group leader" means an individual who meets the
1127	1127	requirements of section 1(c), and amendments thereto, and can
1128	1128	independently staff a unit in a child care center where all children are at
1129	1129	least 12 months old.
1130	1130	(b) "Child care resource and referral agency" means a business or
1131	1131	service conducted, maintained or operated by a person engaged in
1132	1132	providing resource and referral services, including information of specific
1133	1133	services provided by child care facilities, to assist parents to find child
1134	1134	care "Boarding school" means a facility that provides 24-hour care to
1135	1135	school-age children, provides education as its primary function and is
1136	1136	accredited by an accrediting agency acceptable to the secretary of health
1137	1137	and environment.
1138	1138	(c) "Child care center" means a facility that meets child care center
1139	1139	regulations and provides care and educational activities for children who
1140	1140	are two weeks to 16 years of age for at least three hours but less than 24
1141	1141	hours per day or care before and after school for school-age children.
1142	1142	(d) "Child care facility" means:
1143	1143	(1) A facility maintained by a person who has control or custody of
1144	1144	one or more children under 16 years of age, unattended by parent or
1145	1145	guardian, for the purpose of providing the children with food or lodging,
1146	1146	or both, except but does not include children in the custody of the
1147	1147	secretary for children and families who are placed with a prospective
1148	1148	adoptive family pursuant to the provisions of an adoptive placement
1149	1149	agreement or who are related to the person by blood, marriage or legal
1150	1150	adoption;
1151	1151	1
1152	1152	2
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1193	1193	43 SB 282 15
1194	1194	(2) a children's home, orphanage, maternity home, day care facility or
1195	1195	other facility of a type determined by that the secretary to require
1196	1196	determines to be requiring regulation under the provisions of this act;
1197	1197	(3) a child placement agency or child care resource and referral
1198	1198	agency, or a facility maintained by such an agency for the purpose of
1199	1199	caring for children under 16 years of age; or
1200	1200	(4) any receiving or detention home for children under 16 years of
1201	1201	age provided or maintained by, or receiving aid from, any city or county or
1202	1202	the state.
1203	1203	(d)(e) "Child care resource and referral agency" means a business or
1204	1204	service conducted, maintained or operated by a person engaged in
1205	1205	providing resource and referral services, including information of specific
1206	1206	services provided by child care facilities, to assist parents to find child
1207	1207	care.
1208	1208	(f) "Child placement agency" means a business or service conducted,
1209	1209	maintained or operated by a person engaged in finding homes for children
1210	1210	by placing or arranging for the placement of such children for adoption or
1211	1211	foster care.
1212	1212	(g) "Day care home" means the premises where care is provided for a
1213	1213	maximum of 12 children under 16 years of age, with a limited number of
1214	1214	children under five years of age in accordance with section 2, and
1215	1215	amendments thereto.
1216	1216	(h) "Day care facility" means a child care facility that includes a day
1217	1217	care home, preschool, child care center, school-age program or other
1218	1218	facility of a type determined by the secretary to require regulation under
1219	1219	the provisions of K.S.A. 65-501 et seq., and amendments thereto.
1220	1220	(e)(i) "Group day care home" means a premises where care is
1221	1221	provided for a maximum of 15 children under 16 years of age, including a
1222	1222	limited number of children under five years of age, in accordance with
1223	1223	section 2, and amendments thereto.
1224	1224	(j) "Group leader" means an individual who meets the requirements
1225	1225	of section 1(c), and amendments thereto, and can independently staff any
1226	1226	unit in a child care center.
1227	1227	(k) "Infant" means a child who is between two weeks and 12 months
1228	1228	of age or a child older than 12 months of age who has not learned to walk.
1229	1229	"Infant" does not include a toddler.
1230	1230	(l) "Licensure year" means the period of time beginning on the
1231	1231	effective date and ending on the expiration date of a license.
1232	1232	(m) "Maternity center" means a facility that provides delivery
1233	1233	services for normal, uncomplicated pregnancies. "Maternity center" does
1234	1234	not include a medical care facility as defined in K.S.A. 65-425, and
1235	1235	amendments thereto.
1236	1236	(n) "Person" means any individual, association, partnership,
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1280	1280	corporation, government, governmental subdivision or other entity.
1281	1281	(f) "Boarding school" means a facility which provides 24-hour care to
1282	1282	school age children, provides education as its primary function, and is
1283	1283	accredited by an accrediting agency acceptable to the secretary of health
1284	1284	and environment.
1285	1285	(g) "Maternity center" means a facility which provides delivery
1286	1286	services for normal, uncomplicated pregnancies but does not include a
1287	1287	medical care facility as defined by K.S.A. 65-425, and amendments
1288	1288	thereto.
1289	1289	(o) "Program director" means the staff member of a child care center
1290	1290	who meets the requirements of section 1(b), and amendments thereto, and
1291	1291	who is responsible for implementing and supervising the comprehensive
1292	1292	and coordinated plan of activities that provide for the education, care,
1293	1293	protection and development of children who attend a child care center.
1294	1294	(p) "School-age" means a child who will be at least six years of age
1295	1295	on or before the first day of September of any school year but is under 16
1296	1296	years of age.
1297	1297	(q) "This act" means article 5 of chapter 65 of the Kansas Statutes
1298	1298	Annotated, and amendments thereto.
1299	1299	(r) "Toddler" means a child who has learned to walk and is at least
1300	1300	12 but less than 30 months of age or a child who has learned to walk and
1301	1301	is at least nine months of age if such child's parent or guardian consents to
1302	1302	such child being considered a toddler for purposes of license capacity and
1303	1303	staff-to-child ratios.
1304	1304	(s) "Unit" means the number of children that may be present in one
1305	1305	group in a child care center, as specified in sections 2 and 3, and
1306	1306	amendments thereto.
1307	1307	Sec. 10. K.S.A. 65-505 is hereby amended to read as follows: 65-505.
1308	1308	(a) (1) The annual fee for a license to conduct a maternity center or child
1309	1309	care facility shall be fixed by the secretary of health and environment by
1310	1310	rules and regulations in an amount not exceeding the following:
1311	1311	(1)(A) For a maternity center, $150;
1312	1312	(2)(B) for a child placement agency, $150; and
1313	1313	(3)(C) for a child care resource and referral agency, $150; and.
1314	1314	(4)(2) for any otherExcept for the child care facilities listed in
1315	1315	paragraph (1), there shall be no annual fee for a license to conduct a child
1316	1316	care facility, $75 plus $1 times the maximum number of children
1317	1317	authorized under the license to be on the premises at any one time.
1318	1318	(3) The license fee shall be paid to the secretary of health and
1319	1319	environment when the license is applied for and annually thereafter. The
1320	1320	fee shall not be refundable. No fee shall be charged for a license to
1321	1321	conduct a home for children which that is a family foster home as defined
1322	1322	in K.A.R. 28-4-311, and amendments thereto. Fees in effect under this
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1366	1366	subsection (a) immediately prior to the effective date of this act shall
1367	1367	continue in effect on and after the effective date of this act until a different
1368	1368	fee is established by the secretary of health and environment by rules and
1369	1369	regulations under this subsection.
1370	1370	(b) Any licensee who fails to renew such license within 30 days after
1371	1371	the expiration of the license shall pay to the secretary the renewal fee plus
1372	1372	a late fee in an amount of $75 or equal to the fee for the renewal of a
1373	1373	license, whichever is greater.
1374	1374	(c) Any licensee applying for an amended license shall pay to the
1375	1375	secretary of health and environment a fee established by rules and
1376	1376	regulations of the secretary in an amount not exceeding $35.
1377	1377	(d) The secretary of health and environment shall remit all moneys
1378	1378	received by the secretary from fees under the provisions of this section to
1379	1379	the state treasurer in accordance with the provisions of K.S.A. 75-4215,
1380	1380	and amendments thereto. Upon receipt of each such remittance, the state
1381	1381	treasurer, notwithstanding any other law to the contrary, shall deposit the
1382	1382	entire amount in the state treasury to the credit of the maternity centers and
1383	1383	child care licensing fee fund. All expenditures from the maternity centers
1384	1384	and child care licensing fee fund shall be made only for the purposes of
1385	1385	article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
1386	1386	thereto, in accordance with appropriation acts upon warrants of the
1387	1387	director of accounts and reports issued pursuant to vouchers approved by
1388	1388	the secretary of health and environment or by a person or persons
1389	1389	designated by the secretary. Notwithstanding any other law to the contrary,
1390	1390	no moneys shall be transferred or otherwise revert from this fund to the
1391	1391	state general fund by appropriation act or other act of the legislature.
1392	1392	Moneys available under this section by the creation of the maternity
1393	1393	centers and child care licensing fee fund shall not be substituted for or
1394	1394	used to reduce or eliminate moneys available to the department of health
1395	1395	and environment to administer the provisions of article 5 of chapter 65 of
1396	1396	the Kansas Statutes Annotated, and amendments thereto. Nothing in this
1397	1397	act shall be construed to authorize a reduction or elimination of moneys
1398	1398	made available by the state to local units of government for the purposes
1399	1399	of article 5 of chapter 65 of the Kansas Statutes Annotated, and
1400	1400	amendments thereto.
1401	1401	Sec. 11. K.S.A. 65-508 is hereby amended to read as follows: 65-508.
1402	1402	(a) Any maternity center or child care facility subject to the provisions of
1403	1403	this act shall: (1) Be properly heated, plumbed, lighted and ventilated; (2)
1404	1404	have plumbing, water and sewerage systems which that conform to all
1405	1405	applicable state and local laws; and (3) be operated with strict regard to the
1406	1406	health, safety and welfare of any woman or child.
1407	1407	(b) (1) Every maternity center or child care facility shall furnish or
1408	1408	cause to be furnished for the use of each resident and employee an
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1452	1452	individual towel, wash cloth washcloth or disposable products, comb and
1453	1453	individual drinking cup or sanitary bubbling fountain, and toothbrushes for
1454	1454	all other than infants, and shall keep or require such articles to be kept at
1455	1455	all times in a clean and sanitary condition.
1456	1456	(2) Toothbrushes in a day care facility may be used after meals or as
1457	1457	appropriate.
1458	1458	(3) Every maternity center or child care facility shall comply with all
1459	1459	applicable fire codes and rules and regulations of the state fire marshal.
1460	1460	(c) (1) The secretary of health and environment with the cooperation
1461	1461	of the secretary for children and families shall develop and adopt rules and
1462	1462	regulations for the operation and maintenance of maternity centers and
1463	1463	child care facilities. The rules and regulations for operating and
1464	1464	maintaining maternity centers and child care facilities shall be designed to
1465	1465	promote the health, safety and welfare of any woman or child served in
1466	1466	such facilities by ensuring safe and adequate physical surroundings,
1467	1467	healthful food, adequate handwashing, safe storage of toxic substances and
1468	1468	hazardous chemicals, sanitary diapering and toileting, home sanitation,
1469	1469	supervision and care of the residents by capable, qualified persons of
1470	1470	sufficient number, after-hour care, an adequate program of activities and
1471	1471	services, sudden infant death syndrome and safe sleep practices training,
1472	1472	prohibition on corporal punishment, crib safety, protection from electrical
1473	1473	hazards, protection from swimming pools and other water sources, fire
1474	1474	drills, emergency plans, safety of outdoor playground surfaces, door locks,
1475	1475	safety gates and transportation and such appropriate parental participation
1476	1476	as may be feasible under the circumstances. Boarding schools are excluded
1477	1477	from requirements regarding the number of qualified persons who must
1478	1478	supervise and provide care to residents.
1479	1479	(2) Rules and regulations developed under this subsection shall
1480	1480	include provisions for the competent supervision and care of children in
1481	1481	day care facilities. For purposes of such rules and regulations, competent
1482	1482	supervision as this term relates to children less than five years of age
1483	1483	includes, but is not limited to, direction of activities, adequate oversight
1484	1484	including sight or sound monitoring, or both, physical proximity to
1485	1485	children, diapering and toileting practices; and for all children, competent
1486	1486	supervision includes, but is not limited to, planning and supervision of
1487	1487	daily activities, safe sleep practices, including, but not limited to, visual or
1488	1488	sound monitoring, periodic checking, emergency response procedures and
1489	1489	drills, illness and injury response procedures, food service preparation and
1490	1490	sanitation, playground supervision, pool and water safety practices.
1491	1491	(d) In addition to any rules and regulations adopted under this section
1492	1492	for safe sleep practices, child care facilities shall ensure that all of the
1493	1493	following requirements are met for children under 12 months of age:
1494	1494	(1) A child shall only be placed to sleep on a surface and in an area
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1538	1538	that has been approved for use as such by the secretary of health and
1539	1539	environment;
1540	1540	(2) the sleep surface shall be free from soft or loose bedding,
1541	1541	including, but not limited to, blankets, bumpers and pillows; and
1542	1542	(3) the sleep surface shall be free from toys, including mobiles and
1543	1543	other types of play equipment or devices.
1544	1544	(e) Child care facilities shall ensure that children over 12 months of
1545	1545	age only be placed to sleep on a surface and in an area that has been
1546	1546	approved for use as such by the secretary of health and environment.
1547	1547	(f) The secretary of health and environment may exercise discretion
1548	1548	to make exceptions to requirements in subsections (d) and (e) where
1549	1549	special health needs exist.
1550	1550	(g) Each child cared for in a child care facility, including children of
1551	1551	the person maintaining the facility, shall be required to have current such
1552	1552	immunizations as the secretary of health and environment considers
1553	1553	necessary. The person maintaining a child care facility shall maintain a
1554	1554	record of each child's immunizations and shall provide to the secretary of
1555	1555	health and environment such information relating thereto, in accordance
1556	1556	with rules and regulations of the secretary, but the person maintaining a
1557	1557	child care facility shall not have such person's license revoked solely for
1558	1558	the failure to have or to maintain the immunization records required by
1559	1559	this subsection.
1560	1560	(h) The immunization requirement of subsection (g) shall not apply if
1561	1561	one of the following is obtained:
1562	1562	(1) Certification from a licensed physician stating that the physical
1563	1563	condition of the child is such that immunization would endanger the child's
1564	1564	life or health; or
1565	1565	(2) a written statement signed by a parent or guardian that the parent
1566	1566	or guardian is an adherent of a religious denomination whose teachings are
1567	1567	opposed to immunizations.
1568	1568	Sec. 12. K.S.A. 65-512 is hereby amended to read as follows: 65-512.
1569	1569	(a) It is hereby made the duty of The secretary of health and environment
1570	1570	to shall inspect or cause to be inspected at least once every 15 months
1571	1571	prior to July 1, 2012, and once every 12 months thereafter, every maternity
1572	1572	center or child care facility, unless otherwise once every 12 months, except
1573	1573	as provided in subsections subsection (b) and (c). For the purpose of
1574	1574	inspection, the secretary or the secretary's authorized agent shall have the
1575	1575	right of entry and access thereto in every department and to every place in
1576	1576	the premises, shall call for and examine the records which that are required
1577	1577	to be kept by the provisions of this act and shall make and preserve a
1578	1578	record of every inspection. The licensee shall give all reasonable
1579	1579	information to the authorized agent of the secretary of health and
1580	1580	environment and shall afford make available every reasonable facility for
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1624	1624	viewing of the premises and seeing the patients or children therein. No
1625	1625	such patient or child without the consent of the patient or child shall be
1626	1626	required to be interviewed by any agent unless the agent is an authorized
1627	1627	person or a licensed physician.
1628	1628	(b) (1) On or after the effective date of this act, The secretary of
1629	1629	health and environment shall commence the inspection of inspect
1630	1630	registered family day care homes pursuant to K.S.A. 65-533, and
1631	1631	amendments thereto.
1632	1632	(2) The secretary of health and environment shall conduct an
1633	1633	inspection of any child care facility upon receiving a complaint. Any new
1634	1634	child care facility shall be inspected prior to issuance of a license. The
1635	1635	secretary may conduct an inspection of any child care facility that has a
1636	1636	record of repeated complaints or serious violations at any time. The
1637	1637	secretary shall inspect any child care facility that provides services to
1638	1638	military families receiving military assistance for child care every 12
1639	1639	months.
1640	1640	(c) (1) Except as provided in subsection (b)(2), the following
1641	1641	categories of child care facilities which were in compliance on the
1642	1642	effective date of this act are not required to be inspected until July 1, 2011:
1643	1643	Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
1644	1644	defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
1645	1645	420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
1646	1646	defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
1647	1647	28-4-700On and after July 1, 2026, all inspections of facilities licensed
1648	1648	under this act shall be conducted by employees of the department of
1649	1649	health.
1650	1650	(2) The provisions of this subsection shall expire on July 1, 2011The
1651	1651	secretary may hire, replace or transition all surveyors or similar
1652	1652	employees working for a municipality who conduct inspections of facilities
1653	1653	licensed under this act into the unclassified service.
1654	1654	Sec. 13. K.S.A. 65-503, 65-505, 65-508 and 65-512 and K.S.A. 2022
1655	1655	Supp. 48-3406 are hereby repealed.
1656	1656	Sec. 14. This act shall take effect and be in force from and after its
1657	1657	publication in the statute book.
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