Legal Resources for Kansas Registered Nurses

Kansas Nurse, Jan 2006

Kansas Nurse Practice Act RNA and ARNP Laws

Copies of these statutes are available from the Kansas Board of Nursing. The cost is $10.00 for all. Kansas Board of Nursing, 900 SW Jackson, Suite 1051-South, Topeka, KS 66612 Phone: 785.296.4929 Fax 785.296.3929. It is available free by downloading from the website www.ksbn.org . The statutes are also available at any public library in Kansas, citation as follows: K.S.A. 65-1113 through 1164.

Standards of Practice for Nursing

Available from American Nurses Publishing, P.O. Box 931895, Atlanta, GA 31193-1895, 1-800-637-0323, www.nursesbooks.org or www.nursingworld.org/books

OSHA: The Occupational Safety and Health Act (OSHA) of 1970

("Act") (29 U.S.C. 651-678) was enacted to "assure as far as possible every working man and women in the nation safe and healthful working conditions." Area Office serving Kansas is located in Wichita 316.269.6644.

Other References Kansas Hospital Licensing Regulations

Hospital licensing and regulation is administered by the Kansas Department of Health and Environment, Bureau of Child Care and Healthcare Facilities, Curtis State Office Building, Suite 330,1000 SW Jackson, Topeka, KS 66612-1365 Phone: 785.296.1240 Fax: 785.296.3075.

Hospital Regulations Regarding Nursing

(excerpt only)

K.A.R. 28-34-7 Nursing Personnel

(a) There shall be an organized nursing department, including a departmental plan of administrative authority with written delineation of responsibilities and duties of each category of nursing personnel.

(b) All registered nurses employed by the hospital to practice professional nursing shall be licensed in Kansas.

(c) All practical nurses employed by the hospital shall be licensed in Kansas.

(d) There shall be a director of nursing service.

(e) All licensed practical nurses and other ancillary personnel performing patient care services shall be under the supervision of a registered nurse.

(f) There shall be at least one registered nurse on duty in the hospital at all times.

(g) Nursing care policies and procedures shall be in writing and consistent with generally accepted practice and shall be reviewed and revised as necessary,

(h) Private duty nurses shall be licensed in Kansas and shall be subject to the policies, rules, and regulations of the hospital in which they are employed.

(i) Minutes shall be kept of nursing staff meetings.

CMS-Center for Medicare Services Medicare Conditions of Participation for Hospital Services

(Part 482-482.66) 482.23 Condition of Participation: Nursing Services.

The hospital must have an organized nursing services that provides 24-hour nursing services. The nursing services must be furnished or supervised by a registered nurse.

(a) Standard: Organization. The hospital must have a welt-organized service with a plan of administrative authority and delineation of responsibilities for patient care. The director of nursing service must be a licensed registered nurse. He or she is responsible for the operation of the service, including determining the types and numbers of nursing personnel and staff necessary to provide nursing care in all areas of the hospital.

(b) Standard: Staffing and Delivery of Care. The nursing service must have adequate numbers of licensed registered nurses, licensed practical (vocational) nurses, and other personnel to provide nursing care to all patients as needed. There must be supervisory and staff personnel for each department or nursing unit to ensure, when needed, the immediate availability of a registered nurse for bedside care of any patient.

(1 ) The hospital must provide 24-hour nursing services furnished or supervised by a registered nurse, and have a licensed practical nurse or registered nurse on duty at all times, except for rural hospitals that have in affect a 24-hour nursing waiver granted under 405.1910(c) of this chapter.

(2) The nursing service must have a procedure to ensure that hospital nursing personnel for whom licensure is required have valid and current licensure.

(3) A registered nurse must supervise and evaluate the nursing care for each patient.

(4) The hospital must ensure that the nursing staff develops, and keeps current, a nursing care plan for each patient.

(5) A registered nurse must assign the nursing care of each patient to other nursing personnel in accordance with the patients needs and the specialized qualifications and competence of the nursing staff available.

(6) Non-employee licensed nurses who are working in the hospital must adhere to the policies and procedures of the hospital. The director of nursing service must provide for the adequate supervision and evaluation of the clinical activities of non-employee nursing personnel which occur within the responsibility of the nursing service.