Kan. Admin. Regs. § 28-4-1304 - Temporary permit or license; amended license; exceptions; notification; renewal

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Temporary permit or license required. Each person shall obtain a temporary permit or a license from the secretary to operate a birth center before providing any birth center services.
(b) New temporary permit or license required. Each applicant or licensee shall submit a new application, the required verifications and documentation, and license fee and shall obtain a temporary permit or a license from the secretary under any of the following circumstances:
(1) Before a birth center that has been closed is reopened;
(2) if there is a change in the location of the birth center; or
(3) if there is a change of ownership of the birth center.
(c) Amended license.
(1) Any licensee may submit a request for an amended license. Each licensee who intends to change the terms of the license, including the maximum number of patients to be served, shall submit a request for an amended license on a form provided by the department and a non-refundable amendment fee of $35. An amendment fee shall not be required if the request to change the terms of the license is made at the time of the renewal.
(2) The licensee shall make no change to the terms of the license unless permission is granted, in writing, by the secretary. If granted, the licensee shall post the amended license, and the previous license shall no longer be in effect.
(d) Exceptions.
(1) Any applicant or licensee may request an exception from the secretary. Any request for an exception may be granted if the secretary determines that the exception is in the best interest of one or more patients or newborns and the exception does not violate statutory requirements.
(2) Written notice from the secretary stating the nature of the exception and the duration of the exception shall be kept on file at the birth center and shall be readily accessible to the department.
(e) Notification. Each applicant and each licensee shall notify the secretary, in writing, before changing any of the following:
(1) The clinical services or activities offered by the birth center;
(2) the physical structure of the birth center due to new construction or substantial remodeling; or
(3) the use of any part of the premises that affects the use of the space or affects the license capacity.
(f) Renewal. No earlier than 90 days before but no later than the renewal date, each licensee wishing to renew the license shall submit the following:
(1) The nonrefundable license fee specified in K.A.R. 28-4-92 ; and
(2) an application to renew the license on the form provided by the department.
(g) Late renewal. Failure to submit the renewal application and fee as required by subsection (f) shall result in an assessment of a late renewal fee specified in K.S.A. 65-505, and amendments thereto, and may result in closure of the birth center.
(h) Copy of current regulations. A copy of the current Kansas administrative regulations governing birth centers shall be kept on the premises and shall be available to all employees.


Kan. Admin. Regs. § 28-4-1304
Authorized by K.S.A. 65-508; implementing K.S.A. 65-504, 65-505, and 65-508; effective July 9, 2010.

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