Volume 43 - Issue 13 - March 28, 2024

State of Kansas

Department of Health and Environment

Notice of Hearing on Proposed Administrative Regulations

The Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, will conduct a public hearing at 9:00 a.m. Tuesday, June 4, 2024, Memorial Hall Auditorium, 120 SW 10th, Topeka, Kansas, to consider the adoption of proposed KDHE Article 4 Maternal and Child Health regulations.

A summary of the proposed regulations and estimated economic impact follows:

The proposed amended Article 4 regulations K.A.R. 28-4-113, 28-4-114, 28-4-114a, 28-4-115, 28-4-116, 28-4-116a, 28-4-117, 28-4-118, 28-4-122, 28-4-123, 28-4-124, 28-4-126, 28-4-127, 28-4-128, 28-4-129, 28-4-130, 28-4-131, 28-4-132, 28-4-133, 28-4-420, 28-4-421, 28-4-422, 28-4-423, 28-4-426, 28-4-427, 28-4-428, 28-4-428a, 28-4-429, 28-4-430, 28-4-434, 28-4-435, 28-4-436, 28-4-437, 28-4-438, 28-4-439, 28-4-440, and 28-4-441 pertain to family child care homes, child care centers, preschools, and residential centers and group boarding homes. K.A.R. 28-4-113 through 118 are for family child care homes, and the amendments to these regulations update defined terms, specify the process for applying for a license, specify applicant and licensee requirements, amend facility capacity for family child care homes, update and clarify initial and ongoing professional development training, specify additional requirements for facility safety, update requirements for daily care of children, update napping and sleeping requirements, update health requirements for children under 16 years of age, and clarify reporting of suspected abuse and neglect. K.A.R. 28-4-122 through 133 are general regulations which govern family child care homes, child care centers, and preschools, and the amendments to these regulations update defined terms, specify parental access and video usage at facilities, specify requirements for children to go off-premises, update health requirements for individuals at least 16 years of age, update requirements for reporting and handling emergencies, specify safety and emergency procedures, specify requirements for pools, hot tubs, and spas, update requirements related to the transportation of children in care, update and clarify requirements for animals on the child care premises, specify behavior management and prohibited punishment requirements, and specify critical incident report requirements. K.A.R. 28-4-420 through 441 are for child care centers and preschools, and the amendments to these regulations update defined terms, specify the terms of a temporary permit or license, specify the process for applying for a license, specify applicant and licensee requirements, update physical plant requirements, specify child care center and preschool administration requirements, update and clarify programmatic requirements, specify staff requirements and responsibilities, update and clarify initial and ongoing professional development training, specify staff qualifications, specify health requirements for children under 16 years of age, specify tableware requirements, update and clarify requirements for programs serving children with special health care needs and disabilities, update napping and sleeping requirements, update outside play area requirements, clarify requirements of media usage, update and clarify language related to food service, update and clarify requirements for infant and toddler programs, and update and clarify requirements for school-age children.

K.A.R. 28-4-442 is proposed for revocation because the requirements of this regulation are no longer relevant or in use.

Economic Impact

Cost to the agency: There are no increased costs to the agency from the proposed Article 4 regulations.

Cost to the public and regulated community: Overall, the proposed amendments will enhance business activities for licensees and have the potential to contribute to economic stability and growth for Kansas communities. These proposed amendments increase program flexibility, capacity, and reduce administrative and fiscal burdens. The total cost of implementation and compliance costs from the proposed Article 4 regulations to the regulated community is estimated at $104,881.50. The maximum potential cost of requiring medication administration training is estimated at $104,881.50 if all 15,300 estimated staff members are required to attend half an hour of additional training at the median wage of $13.71 reported by the U.S. Bureau of Labor Statistics for child care providers in Kansas. For child care centers, the infant-specific training will require all lead teachers to have an additional four hours of professional development training. Using the median wage of $13.71, the average cost to facilities to pay for their lead teaching staff within infant units will be an estimated $54.84 per lead teacher in each infant unit. However, this is for new incoming lead teachers within infant units and not an additional requirement for current lead teachers within infant units. Thus, there is no immediate fiscal impact.

Costs to other governmental agencies or units: There will be no costs related to the proposed Article 4 regulations that are reasonably expected to be incurred by other governmental agencies or units.

There are no costs to the agency, affected businesses, local governments, or members of the public resulting from the proposed revocation of K.A.R. 28-4-442.

A detailed economic impact is provided in the Economic Impact Statement for the proposed regulations that is available from the designated KDHE contact staff person or at the Child Care Licensing website, as listed below.

The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Alyson Dalrymple, Kansas Department of Health and Environment, Bureau of Family Health, Curtis State Office Bldg., 1000 SW Jackson, Suite 200, Topeka, KS 66612 or by email to Alyson.Dalrymple@ks.gov. Written comments also may be submitted on the online submission form available at https://arcg.is/1Wfyy50. Interested parties are encouraged to participate in the public hearing by submitting written comments.

During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulations as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to limit each presenter of oral comment to an appropriate time frame.

Complete copies of the proposed Article 4 Maternal and Child Health regulations and the corresponding Economic Impact Statement may be obtained from the KDHE Child Care Licensing website at https://www.kdhe.ks.gov/280/Child-Care-Licensing or by contacting Alyson Dalrymple at Alyson.Dalrymple@ks.gov or 785-296-1316. Questions pertaining to the proposed regulations should be directed to Alyson Dalrymple at the contact information above.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and the economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Alyson Dalrymple.

Janet Stanek
Secretary
Department of Health and Environment

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