65-1,202. Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations. The secretary shall administer the provisions of the residential childhood lead poisoning prevention act. In administering the provisions of the residential childhood lead poisoning prevention act, the secretary shall be authorized to:
(a) Develop and implement a childhood lead poisoning prevention program as necessary to protect the health of the children of Kansas, which may include provisions to:
(1) Investigate the extent of childhood lead poisoning in Kansas;
(2) develop a data management system designed to collect and analyze information on childhood lead poisoning;
(3) develop and conduct programs to educate health care providers regarding the magnitude and severity of and the necessary responses to lead poisoning in Kansas;
(4) issue recommendations for the methods and intervals for blood lead screening and testing of children, taking into account recommendations by the United States centers for disease control and prevention, except that no child shall be screened or tested if the child's parent or guardian objects in writing on the ground that such screening or testing is contrary to the parent's or guardian's religious beliefs and practices;
(5) develop and issue health advisories urging health care providers to conduct blood lead screening of children;
(6) encourage health care providers to ensure that parents and guardians of children are advised of the availability and advisability of screening and testing for lead poisoning;
(7) develop a program to assist local health departments in identification and follow-up of cases of elevated blood lead levels in children and other high-risk individuals; and
(8) in consultation with appropriate federal, state and local agencies, develop a comprehensive public education program regarding environmental lead exposures and lead poisoning by:
(A) Identifying appropriate target groups that are in a position to prevent lead poisoning or reduce the number of children who are exposed to lead;
(B) assessing the information needed for each of the target groups and determine the best means of educating the members of each target groups; and
(C) disseminating the information to the target groups in an effective manner.
(b) adopt rules and regulations necessary for the administration of the residential childhood lead poisoning prevention act including, but not limited to, licensure of business entities and public agencies, certification of individuals, accreditation of training programs, on-site inspections and requirements, notification and record keeping, procedures and work practice standards relating to lead-based paint activities as are necessary to protect the public health and safety;
(c) adopt by rules and regulations a reasonable schedule of fees for the issuance and renewal of certificates and licenses, training program accreditations and on-site inspections. The fees shall be periodically increased or decreased consistent with the need to cover the direct and indirect costs to administer the program. At no time shall such fees exceed those charged by the United States environmental protection agency for the same or similar regulatory programs. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of the residential childhood lead poisoning prevention act. State and local health department personnel certifying for the purpose of environmental investigation of lead poisoned children shall be exempted from licensure fees;
(d) conduct on-site inspections of procedures being utilized by a licensee during an actual abatement project and conduct inspection of the records pertaining to the residential childhood lead poisoning prevention act;
(e) adopt rules and regulations regarding the distribution of lead hazard information to owners and occupants of housing prior to conducting renovation activities in housing;
(f) develop rules and regulations to control and disposition and reuse of architectural debris that contains lead-based paint.
History: L. 1999, ch. 99, ยง 4; Apr. 22.
Structure Kansas Statutes
Article 1 - Secretary Of Health And Environment, Activities
65-102 Registration of vital statistics and diseases; forms.
65-102b Confidentiality of information concerning noninfectious diseases; disclosure.
65-103 Special sanitary service.
65-103a Authority to receive federal or other funds.
65-103b Federal title X funding priorities for family planning services.
65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
65-116c Precautions to prevent spread of infection, when; investigations.
65-116d Failure to do required acts; proceedings by county attorney.
65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.
65-116g Penalty for violations of act or regulations.
65-116h Preservation of individual rights.
65-116i Expenses of care, maintenance and treatment; payment from state funds.
65-116l Use of funds for care, maintenance or treatment; limitations.
65-116m Recovery of cost of care, maintenance or treatment from third parties.
65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.
65-126 Quarantine of city, township or county.
65-129 Penalties for unlawful acts.
65-129d Same; unlawful discharge from employment.
65-153 Child hygiene; duties of division of public health.
65-153b Newly born infant; treatment of eyes.
65-153c Same; duty of physician and others.
65-153d Same; rules and regulations.
65-153e Same; penalty for violating 65-153b to 65-153e.
65-157 Same; analysis by office of laboratory services; disposition of fees.
65-159 Abatement of nuisances; failure to remove, penalties.
65-160 Same; duty of county attorney.
65-162a Public water supply systems; definitions.
65-163a Same; cessation of water delivery, when; order by secretary, judicial review.
65-163d Public water supply project loan program; definitions.
65-163g Same; project priority system development; priority list preparation, considerations.
65-163h Same; intended use plan for available moneys.
65-163l Same; authority to issue bonds.
65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
65-163o Same; issuance of refunding bonds.
65-163p Same; disposition of revenue derived from bond sales.
65-163q Same; income from bonds exempt from taxation.
65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.
65-163s Same; powers supplemental to other powers of the secretary; severability.
65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.
65-164 Sewage; definition; complaints, investigations, orders; administrative review.
65-166 Application for permit to discharge sewage.
65-166b Water program management fund.
65-169 Same; penalties for failure to comply with requirements of secretary.
65-170a Public water supply systems, water pollution, sewage discharge; "person" defined.
65-170b Same; access to properties and facilities; inspection and monitoring requirements.
65-170c Penalties for making false statement, representation or certification.
65-170d Public water supply systems; pollution violations; penalties; procedure; hearings.
65-170f Same; disposition of recovered penalties.
65-170g Disclosure of information; trade secrets; confidential information.
65-171a Stream pollution detrimental to animal or aquatic life.
65-171c Same; technical advisers.
65-171e Same; investigations, services and orders; fees.
65-171f Same; penalties for failure to comply with rules and regulations.
65-171g Protection of water and air from sewage contamination.
65-171h Minimum standards for sanitary water and sewage systems.
65-171i Feedlot law administration not affected by this act.
65-171j Discharge of substances containing mercury into waters of state prohibited; penalty.
65-171l Same; analyses to performed by laboratory certificated by secretary.
65-171n Same; development of emergency plans by secretary.
65-171o Public water supply systems; suppliers to provide notice, when; form of notice.
65-171r Same; prohibited acts.
65-171s Same; violation of standards; penalties; procedure; hearing; judicial review.
65-171t Same; attorney general to seek injunctive relief.
65-171x Application of acts to federal agencies.
65-171y Public water supply system regulation of lawn irrigation systems.
65-172 Sanitary supervision by secretary of health and environment.
65-173 Inspections; rules and regulations; penalty.
65-178 Same; nonliability for furnishing information for studies.
65-179 Same; unauthorized disclosure; penalty; construction of act.
65-181 Same; tests in accordance with rules and regulations of secretary.
65-182 Same; provisions inapplicable where parents object on religious grounds.
65-183 Same; report by physicians to secretary.
65-187 Powers and duties of secretary.
65-188 Enforcement of act; injunction, mandamus or quo warranto.
65-189e Act inapplicable to certain lands.
65-189f Rules and regulations providing for granting exceptions.
65-197 Advanced training for professional employees; payment of cost; rules and regulations.
65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty.
65-1,109a Certification of laboratories performing environmental analyses.
65-1,112 Spinal cord injury treatment program; components.
65-1,113 Health manpower planning; collection of information; confidentiality.
65-1,115 Contract for health data and information relating to diabetes mellitus.
65-1,116 Confidentiality of information; exceptions.
65-1,117 Penalty for disclosure of confidential information.
65-1,118 Act not to effect mode of treatment.
65-1,119 Rules and regulations.
65-1,121 Medication aides; continuing education; requirements; fees.
65-1,134 Rules and regulations.
65-1,135 Payment of claims in subsequent fiscal year; limitation.
65-1,159 Development and submission of proposal; components.
65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.
65-1,162 Educational program for health care providers regarding drugs.
65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.
65-1,164 Same; service coordination for woman and family.
65-1,166 Toll free information line.
65-1,168 Cancer registry; definitions.
65-1,169 Same; collection of data; rules and regulations; reporting of cases.
65-1,170 Same; uses of nonconfidential data.
65-1,172 Same; uses of confidential data.
65-1,174a Cancer screening program.
65-1,175 Surface water quality standards; definitions.
65-1,179 Permit application; public notice, comment, hearing; department action, when.
65-1,180 Required distances from water.
65-1,181 Manure management plan; lagoon standards; monitoring wells, when.
65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater.
65-1,183 Waste management system; standards for operators; failure or unplanned release.
65-1,184 Emergency response plan.
65-1,185 Retention of facility's records and plans.
65-1,186 Facility operator; certification; responsibility for employee training.
65-1,188 Dead animal handling plan.
65-1,189 Facility closure plan; demonstration of financial ability.
65-1,190 Lagoon closure plan; demonstration of financial ability.
65-1,192 Preexisting facilities; application of separation distances.
65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.
65-1,194 Application of certain standards to certain large facilities.
65-1,195 Kansas state university; duties.
65-1,196 Standards and requirements; application; powers of secretary of health and environment.
65-1,198 Rules and regulations; reports to legislature.
65-1,199 Rules and regulations for composting dead livestock.
65-1,203 Licensure or certification to perform lead-based paint activities.
65-1,204 Same; qualification requirements.
65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.
65-1,208 Noncompliance; notice; duty to meet compliance requirements.
65-1,209 Violations; criminal penalties.
65-1,211 Same; additional remedies.
65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.
65-1,213 Statutory audit privilege not applicable.
65-1,224 Environmental use control; application; requirements; approval or disapproval.
65-1,225 Same; recording with register of deeds; enforcement.
65-1,226 Same; funding requirements; categories of property.
65-1,227 Same; term; removal or expiration; modification; liability.
65-1,228 Same; restrictions or prohibitions.
65-1,230 Same; department oversight and tracking.
65-1,231 Environmental use control fund.
65-1,232 Rules and regulations.
65-1,233 Publication of approved use controls.
65-1,234 Review of agency actions.
65-1,242 Use of birth defects information system.
65-1,243 Confidentiality of records.
65-1,244 Removal of information from system; form.
65-1,245 Rules and regulations.
65-1,247 Expedited processing and issuance of certain permits.
65-1,248 Breastfeeding; where.
65-1,250 Umbilical cord donation information act.
65-1,251 Influenza immunization for children; awareness and participation.
65-1,252 Division of health care finance; director; officers and employees.
65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
65-1,255 Same; division successor to funds and liability.
65-1,256 Same; division successor to property and rights; conflict resolution.
65-1,259 Prenatal and postnatal diagnosed conditions awareness programs.