Session of 2000
Effective: July 1, 2000

HOUSE BILL No. 3005 An  Act concerning maternity centers and child care facilities; relating to licensure thereof; amending K.S.A. 1999 Supp. 65-504 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-504 is hereby amended to read as
follows: 65-504. (a) The secretary of health and environment shall have
the power to grant a license to a person to maintain a maternity center
or child care facility for children under 16 years of age. The license shall
state the name of the licensee, describe the particular premises in or at
which the business shall be carried on, whether it shall receive and care
for women or children, and the number of women or children that may
be treated, maintained, boarded or cared for at any one time. No greater
number of women or children than is authorized in the license shall be
kept on those premises and the business shall not be carried on in a
building or place not designated in the license. The license shall be kept
posted in a conspicuous place on the premises where the business is
conducted. The secretary of health and environment shall grant no license
in any case until careful inspection of the maternity center or child care
facility shall have been made according to the terms of this act and until
such maternity center or child care facility has complied with all the
requirements of this act. Except as provided by this subsection, no license
shall be granted without the approval of the secretary of social and re-
habilitation services, except that. The secretary of health and environment
may issue, without the approval of the secretary of social and rehabilita-
tion services, a temporary permit to operate for a period not to exceed
90 days upon receipt of an initial application for license. The secretary of
health and environment may extend, without the approval of the secretary
of social and rehabilitation services, the temporary permit to operate for
an additional period not to exceed 90 days if an applicant is not in full
compliance with the requirements of this act but has made efforts towards
full compliance.

      (b)  (1) In all cases where the secretary of social and rehabilitation
services deems it necessary, an investigation of the maternity center or
child care facility shall be made under the supervision of the secretary of
social and rehabilitation services or other designated qualified agents. For
that purpose and for any subsequent investigations they shall have the
right of entry and access to the premises of the center or facility and to
any information deemed necessary to the completion of the investigation.
In all cases where an investigation is made, a report of the investigation
of such center or facility shall be filed with the secretary of health and
environment.

      (2) In cases where neither approval or disapproval can be given
within a period of 30 days following formal request for such a study, the
secretary of health and environment may issue a temporary license with-
out fee pending final approval or disapproval of the center or facility.

      (c) Whenever the secretary of health and environment refuses to
grant a license to an applicant, the secretary shall issue an order to that
effect stating the reasons for such denial and within five days after the
issuance of such order shall notify the applicant of the refusal. Upon
application not more than 15 days after the date of its issuance a hearing
on the order shall be held in accordance with the provisions of the Kansas
administrative procedure act.

      (d) When the secretary of health and environment finds upon in-
vestigation or is advised by the secretary of social and rehabilitation serv-
ices that any of the provisions of this act or the provisions of K.S.A. 59-
2123 and amendments thereto are being violated, or that the maternity
center or child care facility is maintained without due regard to the health,
comfort or welfare of the residents, the secretary of health and environ-
ment, after giving notice and conducting a hearing in accordance with the
provisions of the Kansas administrative procedure act, shall issue an order
revoking such license. The order shall clearly state the reason for the
revocation.

      (e) If the secretary revokes or refuses to renew a license, the licensee
who had a license revoked or not renewed shall not be eligible to apply
for a license or for a certificate of registration to maintain a family day
care home under K.S.A. 65-518 and amendments thereto for a period of
one year subsequent to the date such revocation or refusal to renew be-
comes final.

      (f) Any applicant or licensee aggrieved by a final order of the sec-
retary of health and environment denying or revoking a license under this
act may appeal the order in accordance with the act for judicial review
and civil enforcement of agency actions. 
     Sec.  2. K.S.A. 1999 Supp. 65-504 is hereby repealed.
     Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.