Kan. Admin. Regs. § 28-4-590 - Health-related requirements
(a) Tobacco use
prohibited. Each operator shall ensure that tobacco products are not used
during the hours of operation of the program and while children or youth are in
attendance.
(b) Health of
individuals working or volunteering in the program.
(1) Each operator and each staff member shall
be free from physical, mental, and emotional handicaps as necessary to protect
the health, safety, and welfare of the children or youth.
(2) No individual working or volunteering in
a program shall be under the influence of alcohol or illegal substances, or
impaired due to the use of prescription or nonprescription drugs.
(3) Each individual working or volunteering
in the program shall be free from any infectious or contagious disease, as
specified in K.A.R. 28-1-6.
(4)
Each operator and each staff member who has regular, ongoing contact with
children or youth shall attest to that individual's health status on a form
supplied by the department or approved by the secretary. The health status form
shall indicate if the individual has been exposed to an active case of
tuberculosis or has been diagnosed with suspect or confirmed active
tuberculosis. Each individual shall update the health status form annually or
more often if there is a change in the health status or if the individual has
been exposed to an active case of tuberculosis.
(5) If an operator or staff member in contact
with children or youth experiences significant changes in physical, mental, or
emotional health or if the individual has been exposed to an active case of
tuberculosis, an assessment of the individual's current health status may be
required by the secretary. A licensed health care provider qualified to
diagnose and treat the condition shall conduct the health assessment. Each
assessment shall be kept in the individual's file and shall be submitted to the
secretary on request.
(c) Tuberculin testing.
(1) If an operator, program director, staff
member, child, or youth is exposed to an active case of tuberculosis or if the
location of the program is in an area identified by the local health department
or the secretary as a high-risk area for tuberculosis exposure, that individual
shall obtain a Mantoux test or a chest x-ray.
(2) Each individual diagnosed with suspected
or confirmed active tuberculosis shall be excluded from the program until the
operator receives authorization from the secretary for the individual to
return.
(3) Each operator shall
notify the secretary if any individual identified in paragraph (c)(1) of this
regulation indicates exposure to an active case of tuberculosis, has a
diagnosis of suspected or confirmed active tuberculosis, or has a positive
Mantoux test or positive chest x-ray indicating active disease.
(d) Health of children and youth.
(1) Each operator shall obtain a health
history for each child or youth, on a form supplied by the department or
approved by the secretary. Each health history shall be maintained in the
child's or youth's file on the premises.
(2) Each operator shall require that each
child or youth attending the program has current immunizations as specified in
K.A.R. 28-1-20 or has an exemption for religious or medical reasons.
(3) An exemption from immunization
requirements shall be granted if one of the following is obtained:
(A) A written statement, submitted on a form
supplied by the department and signed by a parent of the child or youth, that
the parent is an adherent of a religious denomination whose teachings are
opposed to health assessments or immunizations; or
(B) a certification from a licensed physician
that the physical condition of the child or youth is such that immunizations
would endanger the child's or youth's life or health.
(4) Children or youth who are currently
attending or who had attended in the preceding school year a public or
accredited non-public school in Kansas, Missouri, or Oklahoma shall not be
required to provide documentation of current immunizations or exemptions from
immunizations.
(e)
Administration of medication.
(1)
Nonprescription medication. If nonprescription medication is to be administered
during the time children or youth are attending the program, each operator
shall ensure compliance with the following procedures:
(A) Obtain written permission from the
child's or youth's parent or other adult responsible for the child or youth
before administering nonprescription medication to that child or youth;
(B) administer each medication
from the original container and according to instructions on the label; and
(C) require that each
nonprescription medication supplied by a parent or other adult responsible for
the child or youth be in the original container that is labeled with the first
and last name of the child or youth for whom the medication is intended.
(2) Prescription
medication. If prescription medication is administered during the time children
or youth are attending the program, each operator shall ensure compliance with
the following procedures:
(A) Obtain written
permission from the child's or youth's parent or other adult responsible for
the child or youth before administering prescription medication to that child
or youth;
(B) administer
medication ordered by a licensed physician or licensed nurse practitioner only
to the designated child or youth and in the dosage recommended;
(C) keep each prescription medication in the
original container labeled by a pharmacist with the following information:
(i) The first and last name of the child or
youth;
(ii) the date the
prescription was filled;
(iii) the
name of the licensed physician or licensed nurse practitioner who wrote the
prescription;
(iv) the expiration
date of the medication; and
(v)
specific, legible instructions for administration and storage of the
medication;
(D)
consider the instructions on each label to be the order from the licensed
physician or licensed nurse practitioner; and
(E) administer the medication in accordance
with the instructions on the label.
(3) Requirements for administering
medication.
(A) If nonprescription or
prescription medication is administered, each operator shall designate staff
members to administer the medication. Before administering medication, each
designated staff member shall receive training in medication administration
approved by the secretary.
(B)
Each operator shall record in the file of each child or youth who is scheduled
to receive medication the following identifying information, on forms supplied
by the department:
(i) The name of each staff
member who administered each medication;
(ii) the date and time the medication was
given;
(iii) any change in the
child's or youth's behavior, response to the medication, or adverse reaction;
and
(iv) any change in the
administration of the medication from the instructions on the label or a
notation about each missed dose.
(C) Each record shall be signed by the
individual who was responsible for administering the medication, and a copy of
the record shall be made available to the parent or other adult responsible for
the child or youth.
(4)
Storage of medication. Each operator shall keep each medication at the
recommended temperature and, except as specified in paragraph (e)(5)(D) of this
regulation, in locked storage. Each medication container shall have a
child-protective cap.
(5)
Self-administration of medication.
(A) Any
operator may permit each child or youth with a chronic illness, a condition
requiring prescription medication on a regular basis, or a condition requiring
the use of an inhaler to administer the medication under staff supervision. The
operator shall obtain written permission for the child or youth to
self-administer medication from the child's or youth's parent or other adult
responsible for the child or youth, and from the licensed physician or nurse
practitioner treating the condition of the child or youth.
(B) Written permission for
self-administration of medication shall be kept in the child's or youth's file.
(C) Self-administration of each
medication shall follow the procedures specified in paragraphs (e)(2)(B), (C),
(D), and (E) of this regulation.
(D) Each child or youth who is authorized to
self-administer medication shall have immediate access to that child's or
youth's medication for administration purposes. Each operator shall safely
store each medication to prevent unauthorized access by others.
(E) Each operator shall record the date and
time each medication was self-administered.
(f) Health care practices.
(1) Hand washing.
(A) Each operator shall encourage each child
and youth to wash the hands with soap and water before and after eating and
after toileting.
(B) Each staff
member shall wash the hands with soap and water before and after eating and
after toileting.
(C) Waterless
sanitizing cleanser or sanitizing wipes shall not be used as a substitute for
soap and running water. Individuals shall not share towels or washcloths.
(2) Each staff member
shall be sensitive to the health status of each child or youth and shall take
precautions to prevent the following:
(A)
Dehydration;
(B) heat exhaustion;
(C) sunburn;
(D) frostbite;
(E) allergic reactions; and
(F) other preventable conditions hazardous to
a child's or youth's health.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.