65-512. Inspections; surveyor certification.

382 words·~2 min read·/ks/chapter-65/65-512

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is hereby made the duty of the secretary of health and environment to inspect or cause to be inspected at least once every 15 months prior to July 1, 2012, and once every 12 months thereafter, every maternity center or child care facility, unless otherwise provided in subsections

(b)and (c). For the purpose of inspection, the secretary or the secretary's authorized agent, as an employee of the secretary or who has a contract with the secretary to provide inspections pursuant to K.S.A. 65-501 et seq.* and who holds a certificate issued pursuant to subsection (c), shall have the right of entry and access to every department and every place in the premises, to call for and examine the records that are required to be kept by the provisions of this act and to make and preserve a record of every inspection. The licensee shall give all reasonable information to the authorized agent of the secretary of health and environment and shall afford every reasonable facility for viewing the premises and seeing the patients or children therein. No such patient or child, without the consent of the patient or child's parent, shall be required to be interviewed by any agent.

(b)The secretary of health and environment shall conduct an inspection of any child care facility upon receiving a complaint. Any new child care facility shall be inspected prior to issuance of a license. The secretary may conduct an inspection of any child care facility that has a record of repeated complaints or serious violations at any time. Every 12 months, the secretary shall inspect any child care facility that provides services to military families receiving military assistance for child care.

(1)The secretary shall create a surveyor certification and provide a minimum of yearly continuing education to qualify for such certification.

(2)If a surveyor fails to comply with the certification requirements established by the secretary as provided in paragraph (1), the secretary may require such surveyor to complete an improvement plan.

(3)If such surveyor does not satisfactorily complete the improvement plan, the secretary may terminate such surveyor's current certification.

(d)Persons conducting inspections and surveys pursuant to K.S.A. 65-501 et seq., and amendments thereto, shall hold a certification issued by the secretary.