Kan. Admin. Regs. § 26-52-5

Current through Register Vol. 43, No. 49, December 5, 2024

Section 26-52-5 - Inspections

(a) An inspection of the crisis intervention center shall be conducted by the department upon receipt of an application for any of the following:

(1) A license to operate a crisis intervention center;

(2) an amended license to operate a crisis intervention center; or

(3) renewal of a license to operate a crisis intervention center.

(A) If a licensee submits an application for renewal of a crisis intervention center and the center is accredited by the joint commission on accreditation of healthcare organizations (JCAHO), the council on accreditation of rehabilitative facilities (CARF), or the council on accreditation (COA), the department shall conduct an inspection of the center's premises and records only for the purposes of determining the center's compliance with state law and the requirements of this article.

(B) Each licensee that loses accreditation from JCAHO, CARF, or COA for the crisis intervention center shall notify the department in writing within ten days after the effective date of the loss of accreditation.

(b) Each licensee shall be subject to inspection and investigation at any other time without prior notice by individuals authorized by the department.

(c) Individuals authorized by the department shall be permitted to enter the crisis intervention center without prior notice for the purpose of inspection and investigation during the center's normal hours of operation. Individuals authorized by the department shall be granted access to all areas of the crisis intervention center, including patient areas, public areas, and non-public areas of the center. Individuals authorized by the department shall be granted access to and provided copies of any information, object, or documentation requested, including the following:

(1) Staff personnel records;

(2) staff and volunteer training records;

(3) policies and procedures;

(4) photographs;

(5) video surveillance;

(6) patient medical records;

(7) patient mental health treatment records;

(8) patient substance abuse treatment records;

(9) records of any services required by this article provided by staff, volunteers, or contractors; and

(10) any other documentation requested by the department.

(d) Each licensee shall bear the cost of providing copies of records requested by the department during an inspection or investigation. Objects and information requested by the department in paragraph (c) of this regulation shall be provided in a paper or electronic format in accordance with the instructions of the department. Electronic records shall be provided in a format acceptable to the department. Transmission of electronic patient records, photographs, video surveillance or any other electronic records requested by the department that contain protected health information of patients shall be transmitted by the licensee to the department utilizing appropriate means to maintain confidentiality of the records transmitted.

Kan. Admin. Regs. § 26-52-5

Authorized by and implementing K.S.A. 39-2004; effective, T-26-2-16-24, Feb. 16, 2024; effective, T-26-6-10-24, June 10, 2024; adopted by Kansas Register Volume 43, No. 24; effective 6/28/2024.