Kan. Admin. Regs. § 28-4-590 - Health-related requirements

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

(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

Kan. Admin. Regs. § 28-4-590
Authorized by K.S.A. 65-508; implementing K.S.A. 65-507 and 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003; amended, T-28-3-19-04, March 19, 2004; amended Sept. 10, 2004.

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