kansas register - kansas secretary of state...kansas register vol. 39, no. 47a november 20, 2020...

9
Kansas Register Vol. 39, No. 47A Pages 1437-1446 November 20, 2020 Kansas Register

Upload: others

Post on 23-Jan-2021

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

Kansas RegisterVol. 39, No. 47A Pages 1437-1446November 20, 2020

Kansas Register

Page 2: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

Kansas Register

Vol. 39, No. 47A, November 20, 2020© Kansas Secretary of State 2020

1438

In this issue … Page

Register Office:1st Floor, Memorial Hall

785-368-8095Fax 785-296-8577

[email protected]

Published byScott Schwab

Secretary of State1st Floor, Memorial Hall

120 SW 10th Ave.Topeka, KS 66612-1594

785-296-4564www.sos.ks.gov

The Kansas Register (USPS 0662-190) is an official publication of the state of Kansas, published by au-thority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published an-nually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals post-age paid at Topeka, Kansas.

POSTMASTER: Send change of ad-dress form to Kansas Register, Sec-retary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612-1594.

© Kansas Secretary of State 2020. Reproduction of the publication in its entirety or for commercial pur-poses is prohibited without prior permission. Official enactments of the Kansas Legislature and pro-posed and adopted administrative regulations of state agencies may be reproduced in any form without permission.

Hard copy subscription information and current and back issues of the Kansas Register (PDF Format) can be found at the following link: http://www.sos.ks.gov/publications/pubs_kansas_register.asp.

Table of Contents

Executive BranchOffice of the Governor

Executive Order No. 20-68, establishing a face coverings protocol ...............................1439

Index to Regulations ...........................................................................................................1441

Cover Artwork: Election Day, AlmaPhoto by Todd Caywood

Page 3: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1439Kansas Register

Vol. 39, No. 47A, November 20, 2020 © Kansas Secretary of State 2020

Executive Branch

State of KansasOffice of the GovernorExecutive Order No. 20-68

Establishing a Face Coverings ProtocolWHEREAS, securing the health, safety, and economic well-being of residents of the State of Kansas is this Ad-ministration’s top priority;WHEREAS, Kansas is facing a crisis—the pandemic and public health emergency of COVID-19—resulting in ill-ness, death, quarantines, school closures, and temporary closure of businesses resulting in lost wages and finan-cial hardship to Kansas citizens;WHEREAS, the United States Departments of Health and Human Services declared a public health emergen-cy for COVID-19 beginning January 27, 2020, with now more than 11,136,000 cases of the illness and more than 246,000 deaths as a result of the illness across the United States;WHEREAS, the World Health Organization declared a pandemic on March 11, 2020;WHEREAS, a State of Disaster Emergency was pro-claimed for the State of Kansas on March 12, 2020;WHEREAS, on March 13, 2020, the President of the Unit-ed States declared the ongoing COVID-19 pandemic of sufficient severity and magnitude to warrant an emer-gency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 50 1 (b) of the Robert T. Stafford Disaster Relief and Emergency Assis-tance Act, 42 U.S.C. § 5121-5207 (the “Stafford Act’’);WHEREAS, on March 13, 2020, the President of the Unit-ed States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. § 1320b-5), declared a national emergency that the COVID-19 outbreak in the United States constitutes a national emergency beginning March 1, 2020;WHEREAS, as of this date, in Kansas there have been 128,594 reported positive cases of COVID-19 spread among all 105 Kansas counties, including 1,326 deaths;WHEREAS, in the late spring and early summer 2020, Kansas experienced a steady trend of decreasing COVID-19 cases, hospitalizations, and deaths, but by mid-summer that downward trend gave way to a wor-rying spike in COVID-19 cases, hospitalizations, and deaths in Kansas and across the nation;WHEREAS, as a result of that worrying spike, on July 2, 2020, I issued Executive Order 20-52 (“Requiring masks or other face coverings in public”), but in spite of the deadly and urgent public health threat presented by the spike in COVID-19 cases, many counties exercised their temporary authority under K.S.A. 48-925(h) to “opt out” of statewide public health executive orders to opt out of Executive Order 20-52;WHEREAS, recent weeks have again seen a worrying spike in COVID-19 cases, hospitalizations, and deaths, except that this “spike” has seen the 7-day average of cases and hospitalizations first double and then triple,

stretching the healthcare system’s ability to handle the unprecedented influx of patients;WHEREAS, if the healthcare system is overrun with COVID-19 patients, as it will be soon if current trends continue, communities will be forced to close schools and businesses, and non-COVID-19 healthcare services will be postponed due to lack of staffing, space, and sup-plies in hospitals and doctor’s offices; at worst, Kansans battling COVID-19 or other serious illnesses could suffer and die from the lack of available healthcare services;WHEREAS, wearing a face covering in public is the easi-est and most effective way to protect each other, ease the burden on our overburdened healthcare system, and help keep our businesses open and our economy running;WHEREAS, the Centers for Disease Control has deter-mined that even “increasing universal masking by 15% could prevent the need” for restrictions on businesses and gatherings and could avoid severe economic losses;WHEREAS, wearing a face covering in public is not only safe and easy, it is necessary to avoid more restrictive local measures that could involve closing businesses, schools, organized youth sports, and other important ac-tivities;WHEREAS, the State of Kansas must remain flexible to account for the evolving nature and scope of the unprec-edented public health emergency posed by COVID-19, while also simultaneously safely and strategically oper-ating businesses and facilitating economic recovery and revitalization;WHEREAS, for the aforementioned and other reasons, and in recognition and furtherance of my responsibility to provide for and ensure the health, safety, security, and welfare of the people of the State of Kansas, increasing the wearing of face coverings is necessary to promote and secure the safety and protection of the civilian pop-ulation; andWHEREAS, in these challenging times, this Administra-tion will do whatever it can to avoid immediate dangers to the health, safety, and welfare of Kansans.NOW, THEREFORE, pursuant to the authority vest-ed in me as Governor of the State of Kansas, including the authority granted me by K.S.A 48-924 and K.S.A 48-925(b) and (c)(11), in order to ensure that Kansans can help keep each other safe, relieve unsustainable burdens on our healthcare system, and keep our businesses open as we restore our economy, I hereby direct and order the following:

1. The provisions of paragraphs 2 through 5 below do not apply in counties or municipalities that meet ei-ther of the following criteria:a. counties in which Executive Order 20-52 is in

effect, meaning that the county commission has not exercised its authority under K.S.A. 48-925(h) to “opt out” of Executive Order 20-52; or

b. counties or municipalities in which a local or-dinance or order requires that face coverings be worn in public places and in businesses.

(continued)

Page 4: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1440 Kansas Register

Vol. 39, No. 47A, November 20, 2020© Kansas Secretary of State 2020

Executive Branch

2. Effective at 12:01 a.m. on Wednesday, November 25, 2020, any person in Kansas shall wear a face cover-ing when they are in the following situations:a. Inside, or in line to enter, any indoor public space;b. Obtaining services from the healthcare sector in

settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank; 1

c. Waiting for or riding on public transportation or while in a taxi, private car service, or ride-shar-ing vehicle;

d. While outdoors in public spaces and unable to maintain a 6-foot distance between individuals (not including individuals who reside together) with only infrequent or incidental moments of closer proximity.

3. Also effective at 12:01 a.m. on Wednesday, Novem-ber 25, 2020, all businesses or organizations in Kan-sas must require all employees, customers, visitors, members, or members of the public to wear a face covering when:a. Employees are working in any space visited by

customers or members of the public, regardless of whether anyone from the public is present at the time;

b. Employees are working in any space where food is prepared or packaged for sale or distribution to others;

c. Customers, members, visitors, or members of the public are in a facility managed by the busi-ness or organization; or

d. Employees are in any room or enclosed area where other people (except for individuals who reside together) are present and are unable to maintain a 6-foot distance except for infrequent or incidental moments of closer proximity.

4. The following are exempt from wearing face cover-ings pursuant to the provisions of this order:a. Persons age five years or under—children age

two years and under in particular should not wear a face covering because of the risk of suf-focation;

b. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering—this includes persons with a medical condition for whom wearing a face cov-ering could obstruct breathing or who are un-conscious, incapacitated, or otherwise unable to remove a face covering without assistance;

c. Persons who are deaf or hard of hearing, or com-municating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication;

d. Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regula-tors or workplace safety guidelines;

e. Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;

f. Persons who are seated at a restaurant or other establishment that offers food or beverage ser-vice, while they are eating or drinking, provid-ed they maintain a 6-foot distance between in-dividuals (not including individuals who reside together) with only infrequent or incidental mo-ments of closer proximity;

g. Athletes who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or in-cidental moments of closer proximity;

h. Persons who are engaged in an activity that a professional or recreational association, reg-ulatory entity, medical association, or other public-health-oriented entity has determined cannot be safely conducted while wearing a face covering;

i. Persons engaged in an activity or event held or managed by the Kansas Legislature;

j. Persons engaged in a court-related proceeding held or managed by the Kansas Judiciary; and

k. Persons engaged in any lawful activity during which wearing a face covering is prohibited by law.

5. Definitions:a. “Face covering” means a covering of the nose

and mouth that is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face. A face covering can be made of a variety of synthetic and natural fabrics, including cotton, silk, or linen. Ideally, a face covering has two or more layers. A face covering may be factory-made, sewn by hand, or can be improvised from household items such as scarfs, bandanas, t-shirts, sweatshirts, or towels.

b. “Public space” means any indoor or outdoor space or area that is open to the public; this does not include private residential property or pri-vate offices or workspaces that are not open to customers or public visitors.

6. Nothing in this order shall restrict, limit, or super-sede the Secretary of Health and Environment’s authority to make isolation, quarantine, or other or-ders restricting movement as necessary to respond to escalating or worsening conditions in any local jurisdiction.

7. Local governments retain authority to issue and en-force equally or more restrictive orders or provisions and retain any authority to issue or enforce isolation or quarantine orders or other orders as necessary to respond to escalating or worsening conditions in any local jurisdiction. Counties may also exercise au-thority granted by K.S.A. 48-925 as amended by 2020 Special Session House Bill 2016, Sec. 33.

Page 5: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1441Kansas Register

Vol. 39, No. 47A, November 20, 2020 © Kansas Secretary of State 2020

Executive Branch/Index

8. As currently permitted pursuant to state law, the Attorney General, county attorneys, and district at-torneys enforcing this order should use their discre-tion and consider the totality of the circumstances as they determine appropriate enforcement actions.

9. In order to more accurately track and assess state-wide status of COVID-19 cases, private labs con-ducting testing for COVID-19 shall report both pos-itive and negative tests to the Kansas Department of Health and Environment.

10. The Four Tribes of Kansas (Iowa Tribe, Kickapoo Nation, Prairie Band Potawatomi Nation, and Sac & Fox Nation) retain any authority to regulate through their respective tribal councils for the health and welfare of their population.

11. This order should be read in conjunction with oth-er executive orders responding to the COVID-19 pandemic that are still in effect and supersedes any

contrary provisions of previous orders; however, the provisions of Executive Order 20-59 continue to control COVID-19 mitigation procedures, including the wearing of masks or other face coverings, in K-12 public and private school buildings and facilities.

This document shall be filed with the Secretary of State as Executive Order No. 20-68. It shall become effective as of 12:01 a.m. on November 25, 2020, and remain in force until rescinded or until the statewide State of Disaster Emergency extended by House Bill 2016 enacted during the June 2020 special session relating to COVID-19—and later extended by the State Finance Council—expires, whichever is earlier. This order may be extended or mod-ified as circumstances dictate.Dated November 18, 2020.

Laura KellyGovernor

1 Unless directed otherwise by an employee or healthcare provider.Doc. No. 048627

INDEX TO ADMINISTRATIVE REGULATIONS

This index lists in numerical order the new, amended, and revoked ad-ministrative regulations and the vol-ume and page number of the Kansas Register issue in which more informa-tion can be found. Temporary regula-tions are designated with a (T) in the Action column. This cumulative index supplements the 2009 Volumes of the Kansas Administrative Regulations and the 2019 Supplement of the Kansas Ad-ministrative Regulations. Regulations can also be found at http://www.sos.ks.gov/pubs/pubs_kar.aspx.

AGENCY 4: DEPARTMENT OF AGRICULTURE

Reg. No. Action Register4-34-1 New V. 38, p. 574-34-2 New V. 38, p. 584-34-3 New V. 38, p. 584-34-4 New V. 38, p. 594-34-5 New V. 38, p. 594-34-6 New V. 38, p. 614-34-7 New V. 38, p. 624-34-8 New V. 38, p. 624-34-9 New V. 38, p. 634-34-10 New V. 38, p. 644-34-11 New V. 38, p. 644-34-12 New V. 38, p. 644-34-13 New V. 38, p. 654-34-14 New V. 38, p. 654-34-15 New V. 38, p. 664-34-16 New V. 38, p. 664-34-17 New V. 38, p. 674-34-18 New V. 38, p. 674-34-19 New V. 38, p. 684-34-20 New V. 38, p. 68

4-34-21 New V. 38, p. 70

AGENCY 5: DEPARTMENT OF AGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register5-21-7 Revoked V. 38, p. 12965-25-2 Amended V. 38, p. 12965-25-4 Amended V. 38, p. 12965-25-22 New V. 38, p. 1297

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register7-47-1 New (T) V. 38, p. 8557-47-1 New V. 38, p. 1113

AGENCY 9: DEPARTMENT OF AGRICULTURE—DIVISION OF

ANIMAL HEALTH

Reg. No. Action Register9-2-35 New V. 39, p. 13589-3-9 Amended V. 39, p. 13599-18-6 Amended V. 38, p. 559-18-9 Amended V. 38, p. 569-18-23 New V. 38, p. 14079-18-28 Amended V. 38, p. 569-23-1 Revoked V. 38, p. 14089-23-2 Revoked V. 38, p. 14089-23-3 Revoked V. 38, p. 1408

AGENCY 10: KANSAS BUREAU OF INVESTIGATION

Reg. No. Action Register10-22-1 Amended V. 38, p. 108910-23-1 New V. 38, p. 77310-23-2 New V. 38, p. 77310-23-3 New V. 38, p. 77310-23-4 New V. 38, p. 77310-23-5 New V. 38, p. 77310-23-6 New V. 38, p. 77310-24-1 New (T) V. 39, p. 73210-24-1 New V. 39, p. 107410-24-2 New (T) V. 39, p. 732

10-24-2 New V.39, p. 107410-24-3 New (T) V. 39, p. 73210-24-3 New V. 39, p. 1075

AGENCY 14: DEPARTMENT OF REVENUE—DIVISION OF

ALCOHOLIC BEVERAGE CONTROL

Reg. No. Action Register14-6-4 Revoked (T) V. 38, p. 85614-6-4 Revoked V. 38, p. 1203

AGENCY 16: ATTORNEY GENERAL

Reg. No. Action Register16-14-1 Amended V. 39, p. 115516-14-10 Amended V. 39, p. 115516-14-11 Amended V. 39, p. 115516-18-1 New V. 38, p. 85616-18-2 New V. 38, p. 85616-18-3 New V. 38, p. 85716-19-1 New V. 39, p. 20816-19-2 New V. 39, p. 20816-19-3 New V. 39, p. 20816-20-1 New (T) V. 39, p. 46216-20-1 New V. 39, p. 1075

AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER

Reg. No. Action Register17-23-9 Revoked V. 39, p. 146

AGENCY 26: DEPARTMENT FOR AGING AND DISABILITY SERVICES

Reg. No. Action Register26-38-1 New V. 39, p. 115526-38-2 New V. 39, p. 115626-38-3 New V. 39, p. 115726-38-4 New V. 39, p. 115726-38-5 New V. 39, p. 115726-38-6 New V. 39, p. 115826-38-7 New V. 39, p. 115826-38-8 New V. 39, p. 115926-38-9 New V. 39, p. 116026-38-10 New V. 39, p. 1160

Page 6: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1442 Kansas Register

Vol. 39, No. 47A, November 20, 2020© Kansas Secretary of State 2020

Index to Regulations

26-38-11 New V. 39, p. 1160

AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT

Reg. No. Action Register28-1-20 Amended V. 38, p. 92428-1-40 New (T) V. 39, p. 101828-1-40 New V. 39, p. 138428-1-41 New (T) V. 39, p. 101828-1-41 New V. 39, p. 138428-1-42 New (T) V. 39, p. 101828-1-42 New V. 39, p. 138428-1-43 New (T) V. 39, p. 101828-1-43 New V. 39, p. 138528-1-44 New (T) V. 39, p. 101928-1-44 New V. 39, p. 138528-4-133 New V. 38, p. 143428-15-52 Amended V. 39, p. 17128-15-53 Amended V. 39, p. 17128-24-1 Amended V. 39, p. 33628-24-2 Amended V. 39, p. 33628-24-3 Amended V. 39, p. 33628-24-4 Amended V. 39, p. 33728-24-5 Amended V. 39, p. 33728-24-6 Amended V. 39, p. 33728-24-7 Amended V. 39, p. 33728-24-8 Amended V. 39, p. 33728-24-9 Amended V. 39, p. 33728-24-10 Amended V. 39, p. 33828-24-11 Amended V. 39, p. 33828-24-12 Amended V. 39, p. 33828-24-13 Amended V. 39, p. 33928-24-14 Amended V. 39, p. 33928-35-146a Amended V. 38, p. 13028-35-147a Amended V. 38, p. 13028-38-18 Revoked V. 39, p. 116028-38-19 Revoked V. 39, p. 116028-38-20 Revoked V. 39, p. 116028-38-21 Revoked V. 39, p. 116028-38-22 Revoked V. 39, p. 116128-38-23 Revoked V. 39, p. 116128-38-26 Revoked V. 39, p. 116128-38-28 Revoked V. 39, p. 116128-38-29 Revoked V. 39, p. 116128-38-30 Revoked V. 39, p. 116128-44-12 Amended V. 39, p. 81928-44-13 Amended V. 39, p. 81928-44-14 Amended V. 39, p. 81928-44-15 Amended V. 39, p. 82028-44-16 Amended V. 39, p. 82028-44-17 Amended V. 39, p. 82028-44-18 Amended V. 39, p. 82128-44-19 Amended V. 39, p. 82128-44-20 Amended V. 39, p. 82128-44-21 Amended V. 39, p. 82128-44-22 Amended V. 39, p. 82228-44-23 Amended V. 39, p. 82228-44-24 Amended V. 39, p. 82228-44-25 Amended V. 39, p. 82228-44-26 Amended V. 39, p. 82328-44-27 Amended V. 39, p. 82328-44-28 Revoked V. 39, p. 82428-44-29 Amended V. 39, p. 82428-44-30 New V. 39, p. 82528-44-31 New V. 39, p. 82528-55-1 Revoked V. 38, p. 102428-55-2 Revoked V. 38, p. 102428-55-3 Revoked V. 38, p. 102528-55-4 Revoked V. 38, p. 102528-55-5 Revoked V. 38, p. 1025

AGENCY 30: KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES

Reg. No. Action Register30-4-34 Amended V. 38, p. 40330-4-35 Amended V. 38, p. 403

30-4-36 Amended V. 38, p. 40330-4-40 Amended V. 38, p. 40330-4-41 Amended V. 38, p. 40430-4-50 Amended V. 38, p. 40430-4-51 Amended V. 38, p. 40530-4-54 Amended V. 38, p. 40530-4-64 Amended V. 38, p. 40630-4-90 Revoked V. 38, p. 40730-4-98 Amended V. 38, p. 40730-4-100 Amended V. 38, p. 40730-4-107 Amended V. 38, p. 40830-4-109 Amended V. 38, p. 40830-4-111 Amended V. 38, p. 40930-4-113 Amended V. 38, p. 40930-4-120 Revoked V. 38, p. 41030-4-130 Amended V. 38, p. 41030-4-140 Amended V. 38, p. 41230-46-10 Amended V. 38, p. 12830-46-13 Amended V. 38, p. 12830-46-15 Amended V. 38, p. 12930-46-17 Amended V. 38, p. 129

AGENCY 36: KANSAS DEPARTMENT OF TRANSPORTATION

Reg. No. Action Register36-45-1 New (T) V. 39, p. 110436-45-2 New (T) V. 39, p. 110536-45-3 New (T) V. 39, p. 110536-45-4 New (T) V. 39, p. 110636-45-5 New (T) V. 39, p. 110636-45-6 New (T) V. 39, p. 110636-45-7 New (T) V. 39, p. 110636-45-8 New (T) V. 39, p. 110736-45-10 New (T) V. 39, p. 1108

AGENCY 47: DEPARTMENT OF HEALTH AND ENVIRONMENT—

MINED-LAND CONSERVATION AND RECLAMATION

Reg. No. Action Register47-2-75 Amended V. 38, p. 8447-3-1 Amended V. 38, p. 8647-3-2 Amended V. 38, p. 8647-3-42 Amended V. 38, p. 8647-5-5a Amended V. 38, p. 9047-6-1 Amended V. 38, p. 9347-6-2 Amended V. 38, p. 9347-6-3 Amended V. 38, p. 9447-6-4 Amended V. 38, p. 9447-6-6 Amended V. 38, p. 9447-6-8 Amended V. 38, p. 9447-6-9 Amended V. 38, p. 9547-6-10 Amended V. 38, p. 9547-6-11 Amended V. 38, p. 9547-7-2 Amended V. 38, p. 9647-8-9 Amended V. 38, p. 9647-9-1 Amended V. 38, p. 9747-9-4 Amended V. 38, p. 10347-10-1 Amended V. 38, p. 10347-11-8 Amended V. 38, p. 10547-12-4 Amended V. 38, p. 10547-13-4 Amended V. 38, p. 10647-14-7 Amended V. 38, p. 10747-15-1a Amended V. 38, p. 10747-16-6 Amended V. 38, p. 10847-16-9 Amended V. 38, p. 10847-16-10 Amended V. 38, p. 10847-16-12 Amended V. 38, p. 10947-16-13 New V. 38, p. 109

AGENCY 51: DEPARTMENT OF LABOR—DIVISION OF WORKERS

COMPENSATION

Reg. No. Action Register51-9-7 Amended V. 38, p. 23151-9-17 Amended V. 38, p. 212

AGENCY 60: BOARD OF NURSING

Reg. No. Action Register60-4-101 Amended V. 38, p. 54560-11-116 Amended V. 39, p. 102160-11-119 Amended V. 39, p. 102260-13-110 Amended V. 39, p. 102260-16-101 Amended V. 39, p. 1260-16-103 Amended V. 39, p. 1260-16-104 Amended V. 39, p. 13

AGENCY 63: BOARD OF MORTUARY ARTS

Reg. No. Action Register63-5-3 New V. 38, p. 183

AGENCY 66: BOARD OF TECHNICAL PROFESSIONS

Reg. No. Action Register66-6-1 Amended V. 39, p. 142566-6-10 Amended V. 39, p. 142666-7-1 Amended V. 39, p. 142766-7-4 New V. 38, p. 98966-8-3 Amended V. 39, p. 142766-8-4 Amended V. 39, p. 142766-9-5 Amended V. 39, p. 142766-9-7 Amended V. 38, p. 62266-10-1 Amended V. 38, p. 62266-10-3 Amended V. 38, p. 62266-10-4 Amended V. 39, p. 142766-10-9 Amended V. 39, p. 142866-10-10b Amended V. 39, p. 142866-10-10c New V. 39, p. 142866-10-12 Amended V. 39, p. 142866-10-13 Amended V. 39, p. 142966-11-5 Amended V. 39, p. 142966-14-1 Amended V. 39, p. 142966-14-2 Amended V. 39, p. 143066-14-3 Amended V. 39, p. 143066-14-5 Amended V. 39, p. 143066-14-6 Amended V. 39, p. 143166-14-7 Amended V. 39, p. 143166-14-8 Amended V. 39, p. 143166-14-9 Amended V. 39, p. 143166-14-10 Revoked V. 39, p. 143166-14-11 Revoked V. 39, p. 143166-14-12 Amended V. 39, p. 143166-15-1 New V. 39, p. 14

AGENCY 67: BOARD OF EXAMINERS IN FITTING

AND DISPENSING OF HEARING INSTRUMENTS

Reg. No. Action Register67-1-8 New V. 38, p. 148967-2-4 Amended V. 38, p. 148967-5-5 Amended V. 38, p. 1490

AGENCY 68: BOARD OF PHARMACY

Reg. No. Action Register68-2-5 Amended V. 39, p. 10568-2-10 Amended V. 38, p. 146368-5-16 Amended V. 39, p. 10668-7-15 Amended V. 38, p. 133768-11-1 Amended V. 38, p. 54168-11-2 Amended V. 38, p. 54168-14-1 Revoked V. 38, p. 146368-14-2 Amended V. 38, p. 146368-14-3 Revoked V. 38, p. 146468-14-4 Amended V. 38, p. 146468-14-5 Amended V. 38, p. 146468-14-7 Amended V. 38, p. 146468-14-7a New V. 38, p. 146668-14-7b New V. 38, p. 146868-19-1 Amended V. 38, p. 1337

Page 7: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1443Kansas Register

Vol. 39, No. 47A, November 20, 2020 © Kansas Secretary of State 2020

Index to Regulations

68-21-6 Amended V. 38, p. 1338

AGENCY 69: BOARD OF COSMETOLOGY

Reg. No. Action Register69-1-10 New V. 38, p. 8469-3-8 Amended (T) V. 39, p. 1186

AGENCY 71: BOARD OF REGENTS

Reg. No. Action Register71-2-2 Amended V. 38, p. 140571-2-3 Revoked V. 38, p. 140671-5-11 Amended V. 38, p. 140671-8-8 Amended V. 38, p. 1407

AGENCY 74: BOARD OF ACCOUNTANCY

Reg. No. Action Register74-1-3 Amended V. 38, p. 1337

AGENCY 82: STATE CORPORATION COMMISSION

Reg. No. Action Register82-4-1 Amended V. 38, p. 87582-4-2a Amended V. 38, p. 87682-4-3a Amended (T) V. 39, p. 118882-4-3b Amended V. 38, p. 87682-4-3c Amended V. 38, p. 87782-4-3d Amended V. 38, p. 87882-4-3f Amended V. 38, p. 87982-4-3g Amended V. 38, p. 88282-4-3h Amended V. 38, p. 88582-4-3i Amended V. 38, p. 88682-4-3j Amended V. 38, p. 88882-4-3k Amended V. 38, p. 88882-4-3l Amended V. 38, p. 88982-4-3m Amended V. 38, p. 89182-4-3n Amended V. 38, p. 89182-4-3o Amended V. 38, p. 89282-4-20 Amended V. 38, p. 89282-4-21 Amended V. 38, p. 89382-4-22 Amended V. 38, p. 89382-4-24a Amended V. 38, p. 89382-4-27 Amended V. 38, p. 89382-4-30a Amended (T) V. 39, p. 138382-4-30a Amended V. 38, p. 89482-4-40 Revoked V. 38, p. 89482-4-42 Amended V. 38, p. 89482-4-44 Revoked V. 38, p. 89482-4-46 Revoked V. 38, p. 89482-4-48 Amended V. 38, p. 89482-4-48a Revoked V. 38, p. 89582-4-50 Amended V. 38, p. 89582-4-51 Amended V. 38, p. 89582-4-53 Amended V. 38, p. 89582-4-56a Amended V. 38, p. 89582-4-57 Amended V. 38, p. 89682-4-58d Amended V. 38, p. 89682-4-63 Amended V. 38, p. 89682-4-65 Amended V. 38, p. 89682-4-66 Revoked V. 38, p. 89782-4-68 Amended V. 38, p. 89782-4-85 Amended V. 38, p. 89782-4-86 Revoked V. 38, p. 898

AGENCY 86: REAL ESTATE COMMISSION

Reg. No. Action Register86-1-10 Amended V. 39, p. 5486-1-11 Amended (T) V. 38, p. 85586-1-11 Amended V. 39, p. 5586-1-12 Amended V. 39, p. 5686-1-13 Revoked V. 39, p. 5686-1-16 Revoked V. 39, p. 5686-1-17 Amended V. 39, p. 5686-1-18 Revoked V. 39, p. 56

86-3-6a Revoked V. 39, p. 5686-3-7 Amended V. 39, p. 5686-3-20 Revoked V. 39, p. 57

AGENCY 88: BOARD OF REGENTS

Reg. No. Action Register88-10-1 Revoked V. 39, p. 127088-10-2 Revoked V. 39, p. 127088-10-3 Revoked V. 39, p. 127088-10-4 Revoked V. 39, p. 127088-10-5 Revoked V. 39, p. 127088-10-6 Revoked V. 39, p. 127088-10-7 Revoked V. 39, p. 127088-10-8 Revoked V. 39, p. 127088-10-10 Revoked V. 39, p. 127088-10-12 Revoked V. 39, p. 127088-11-1 Revoked V. 39, p. 127088-11-2 Revoked V. 39, p. 127088-11-3 Revoked V. 39, p. 127088-11-4 Revoked V. 39, p. 127088-11-5 Revoked V. 39, p. 127088-11-6 Revoked V. 39, p. 127088-11-7 Revoked V. 39, p. 127088-11-8 Revoked V. 39, p. 127088-11-9 Revoked V. 39, p. 127088-11-11 Revoked V. 39, p. 127088-11-12 Revoked V. 39, p. 127088-25-1 New V. 39, p. 74888-25-2 New V. 39, p. 74888-25-3 New V. 39, p. 74888-25-4 New V. 39, p. 74888-25-5 New V. 39, p. 74888-28-6 Amended V. 38, p. 143588-29-1 Revoked V. 39, p. 121588-29-3 Amended V. 39, p. 121588-29-11 Revoked V. 39, p. 121688-29-12 Amended V. 39, p. 121688-29-13 Amended V. 39, p. 121688-29-14 Amended V. 39, p. 121888-29-15 Amended V. 39, p. 121888-29-16 Amended V. 39, p. 121988-29-17 Amended V. 39, p. 122088-29-18 Revoked V. 39, p. 122188-29-19 Revoked V. 39, p. 122188-29a-1 Amended V. 39, p. 122188-29a-5 Amended V. 39, p. 122388-29a-6 Amended V. 39, p. 122388-29a-7 Amended V. 39, p. 122388-29a-7a Amended V. 39, p. 122488-29a-9 Amended V. 39, p. 122488-29a-10 Amended V. 39, p. 122588-29a-11 Amended V. 39, p. 122788-29a-18 Amended V. 39, p. 122888-29a-19 Amended V. 39, p. 122988-29b-1 Amended V. 39, p. 122988-29b-3 Amended V. 39, p. 123188-29b-5 Amended V. 39, p. 123188-29b-6 Amended V. 39, p. 123288-29b-7 Amended V. 39, p. 123388-29b-7a Amended V. 39, p. 123488-29b-9 Amended V. 39, p. 123488-29b-10 Amended V. 39, p. 123588-29c-1 Amended V. 39, p. 123688-29c-5 Amended V. 39, p. 123888-29c-7 Amended V. 39, p. 123888-29c-9 Amended V. 39, p. 123888-29c-10 Amended V. 39, p. 123988-29d-1 Amended V. 39, p. 124088-29d-5 Amended V. 39, p. 124188-29d-7 Amended V. 39, p. 124288-29d-9 Amended V. 39, p. 124288-29d-10 Amended V. 39, p. 124388-30-1 Amended (T) V. 39, p. 89088-30-1 Amended V. 39, p. 126988-30-2 Amended V. 39, p. 1270

AGENCY 92: DEPARTMENT OF REVENUE

Reg. No. Action Register92-19-56 Revoked V. 38, p. 147092-56-2 Amended V. 38, p. 1196

AGENCY 100: BOARD OF HEALING ARTS

Reg. No. Action Register100-7-1 Amended V. 39, p. 1359100-11-1 Amended V. 38, p. 344100-28a-14 Amended V. 38, p. 184100-28b-1 New V. 38, p. 1490100-28b-5 New V. 38, p. 1491100-28b-15 New V. 38, p. 1491100-28b-16 New V. 38, p. 1491100-28b-17 New V. 38, p. 1491100-28b-18 New V. 38, p. 1491100-29-4 Amended V. 38, p. 1492100-29-9 Amended V. 38, p. 1492100-69-7 Amended V. 38, p. 1493100-69-10 Amended V. 38, p. 1494100-76-2 Amended V. 38, p. 184100-76-6 Amended V. 39, p. 1360100-77-1 New (T) V. 38, p. 8100-77-1 New V. 38, p. 447100-77-2 New (T) V. 38, p. 8100-77-2 New V. 38, p. 448100-77-3 New (T) V. 38, p. 8100-77-3 New V. 38, p. 448100-78-1 New (T) V. 39, p. 250100-78-1 New V. 39, p. 570100-78-2 New (T) V. 39, p. 250100-78-2 New V. 39, p. 570

AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD

Reg. No. Action Register102-1-13 Amended V. 38, p. 185102-1-18 Amended V. 38, p. 212102-2-3 Amended V. 38, p. 185102-2-14 Amended V. 38, p. 212102-3-2 Amended V. 38, p. 185102-3-15 Amended V. 38, p. 212102-4-2 Amended V. 38, p. 186102-4-15 Amended V. 38, p. 212102-5-2 Amended V. 38, p. 186102-5-14 Amended V. 38, p. 212102-7-2 Amended V. 38, p. 186102-7-12 Amended V. 38, p. 212

AGENCY 105: BOARD OF INDIGENTS’ DEFENSE SERVICES

Reg. No. Action Register105-5-2 Amended V. 39, p. 252105-5-3 Amended V. 39, p. 252105-5-6 Amended V. 39, p. 252105-5-7 Amended V. 39, p. 252105-5-8 Amended V. 39, p. 252105-5-11 Revoked V. 38, p. 368

AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES

Reg. No. Action Register109-3-3 Amended V. 39, p. 30 109-3-4 Amended V. 39, p. 31 109-5-1 Amended V. 38, p. 153109-5-1a Amended V. 39, p.32109-8-1 Amended V. 38, p. 153109-8-2 Amended V. 38, p. 154109-11-1a Amended V. 39, p.32109-11-6a Amended V. 38, p. 154

Page 8: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

1444 Kansas Register

Vol. 39, No. 47A, November 20, 2020© Kansas Secretary of State 2020

Index to Regulations

AGENCY 111: KANSAS LOTTERY

A complete index listing all regula-tions filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through No-vember 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. A list of regulations filed from December 1, 2009, through December 21, 2011, can be found in the Vol. 30, No. 52, December 29, 2011 Kan-sas Register. A list of regulations filed from December 22, 2011, through November 6, 2013, can be found in the Vol. 32, No. 52, December 26, 2013 Kansas Register. A list of regulations filed from November 7, 2013, through December 31, 2015, can be found in the Vol. 34, No. 53, December 31, 2015 Kansas Register. A list of regulations filed from 2016 through 2017, can be found in the Vol. 36, No. 52, December 28, 2017 Kansas Register. A list of regulations filed from 2018 through 2019, can be found in the Vol. 38, No. 52, De-cember 26, 2019 Kansas Register.

Reg. No. Action Register111-4-3595 New V. 39, p. 57111-4-3596 New V. 39, p. 58111-4-3597 New V. 39, p. 59111-4-3598 New V. 39, p. 60111-4-3599 New V. 39, p. 61 111-4-3600 New V. 39, p. 63111-4-3601 New V. 39, p. 532111-4-3602 New V. 39, p. 533111-4-3603 New V. 39, p. 570111-4-3604 New V. 39, p. 572111-4-3605 New V. 39, p. 573111-4-3606 New V. 39, p. 574111-4-3607 New V. 39, p. 576111-4-3608 New V. 39, p. 621111-4-3609 New V. 39, p. 623111-4-3610 New V. 39, p. 624111-4-3611 New V. 39, p. 854111-4-3612 New V. 39, p. 855111-4-3613 New V. 39, p. 856111-4-3614 New V. 39, p. 858111-4-3615 New V. 39, p. 859111-4-3616 New V. 39, p. 860111-4-3617 New V. 39, p. 861111-4-3618 New V. 39, p. 862111-4-3619 New V. 39, p. 862111-4-3620 New V. 39, p. 864111-4-3621 New V. 39, p. 865111-4-3623 New V. 39, p. 866111-4-3624 New V. 39, p. 891111-4-3625 New V. 39, p. 892111-4-3626 New V. 39, p. 893111-4-3627 New V. 39, p. 894111-4-3628 New V. 39, p. 896

111-4-3629 New V. 39, p. 897111-4-3630 New V. 39, p. 900111-4-3631 New V. 39, p. 1076111-4-3632 New V. 39, p. 1077111-4-3633 New V. 39, p. 1109111-4-3634 New V. 39, p. 1109111-4-3635 New V. 39, p. 1110111-4-3636 New V. 39, p. 1111111-4-3637 New V. 39, p. 1113111-4-3638 New V. 39, p. 1114111-4-3639 New V. 39, p. 1333111-4-3640 New V. 39, p. 1334111-4-3641 New V. 39, p. 1335111-4-3642 New V. 39, p. 1336111-4-3643 New V. 39, p. 1404111-5-245 New V. 39, p. 577111-9-223 New V. 39, p. 625111-9-224 New V. 39, p. 867111-15-1 Amended V. 39, p. 1405111-15-3 Amended V. 39, p. 1080111-15-4 Amended V. 39, p. 1081111-15-5 Amended V. 39, p. 1081111-15-6 Amended V. 39, p. 1081111-15-10 Amended V. 39, p. 1082111-19-72 Amended V. 39, p. 64111-19-73 New V. 39, p. 64111-19-74 New V. 39, p. 65111-19-75 New V. 39, p. 65111-19-76 New V. 39, p. 74111-19-77 New V. 39, p. 578111-19-78 New V. 39, p. 579111-19-79 New V. 39, p. 580111-19-80 New V. 39, p. 626111-19-81 New V. 39, p. 626111-19-82 New V. 39, p. 868111-19-83 New V. 39, p. 868111-19-84 New V. 39, p. 868111-19-85 New V. 39, p. 869111-19-86 New V. 39, p. 870111-19-87 New V. 39, p. 901111-19-88 New V. 39, p. 901111-19-89 New V. 39, p. 1082111-19-90 New V. 39, p. 1115111-19-91 New V. 39, p. 1116111-19-92 New V. 39, p. 1116111-19-93 New V. 39, p. 1337111-19-94 New V. 39, p. 1405111-19-95 New V. 39, p. 1405111-19-96 New V. 39, p. 1406111-301-4 Amended V. 39, p. 534111-301-5 Amended V. 39, p. 534111-301-6 Amended V. 39, p. 535111-301-43 Amended V. 39, p. 537111-301-60 Amended V. 39, p. 66111-301-62 Amended V. 39, p. 67111-301-64 Amended V. 39, p. 538111-301-66 Amended V. 39, p. 538111-301-72 New V. 39, p. 1338111-301-73 New V. 39, p. 1338111-301-74 New V. 39, p. 1338111-301-75 New V. 39, p. 1338111-301-76 New V. 39, p. 1339111-302-4 Amended V. 39, p. 68111-302-5 Amended V. 39, p. 1082111-305-5 Amended V. 39, p. 539111-305-6 Amended V. 39, p. 539111-401-253 New V. 39, p. 69

111-401-254 New V. 39, p. 69111-401-255 New V. 39, p. 71111-501-71 Amended V. 39, p. 1340111-501-81 Amended V. 39, p. 1340111-501-149 New V. 39, p. 72111-501-150 New V. 39, p. 72111-501-151 New V. 39, p. 73111-501-152 New V. 39, p. 73111-501-153 New V. 39, p. 74111-601-4 Amended V. 39, p. 1117111-601-6 Amended V. 39, p. 1117

AGENCY 112: KANSAS RACING AND GAMING COMMISSION

Reg. No. Action Register112-105-1 Amended V. 39, p. 251

AGENCY 115: DEPARTMENT OF WILDLIFE, PARKS AND TOURISM

Reg. No. Action Register115-2-1 Amended V. 38, p. 1089115-2-3 Amended V. 38, p. 370115-2-4 Amended V. 38, p. 371115-2-7 Revoked V. 38, p. 1091115-3-2 Amended V. 38, p. 371115-4-2 Amended V. 39, p. 617115-4-4 Amended V. 39, p. 618115-4-6 Amended V. 39, p. 619115-4-11 Amended V. 38, p. 372115-5-1 Amended V. 39, p. 1103115-5-2 Amended V. 38, p. 542115-5-3 Amended V. 38, p. 1091115-5-3a New V. 38, p. 1091115-5-4 Amended V. 38, p. 542115-6-1 Amended V. 39, p. 1103115-7-1 Amended V. 38, p. 1409115-7-3 Amended V. 38, p. 1410115-7-4 Amended V. 38, p. 1410115-7-10 Amended V. 38, p. 1411115-8-1 Amended V. 38, p. 543115-8-13a New V. 38, p. 1169115-9-5 Amended V. 38, p. 375115-9-9 Amended V. 38, p. 1411115-11-2 Amended V. 38, p. 127115-13-4 Amended V. 38, p. 544115-14-12 Amended V. 39, p. 1271115-14-13 Amended V. 39, p. 1273115-14-14 Amended V. 39, p. 1275115-15-1 Amended V. 38, p. 1412115-15-2 Amended V. 38, p. 1413115-18-6a Amended V. 38, p. 1414115-20-7 Amended V. 38, p. 545

AGENCY 128: DEPARTMENT OF COMMERCE—KANSAS ATHLETIC

COMMISSION

Reg. No. Action Register128-5-1 Amended V. 38, p. 1197128-6-8 New V. 38, p. 1198

AGENCY 129: DEPARTMENT OF HEALTH AND ENVIRONMENT—

DIVISION OF HEALTH CARE FINANCE

Reg. No. Action Register129-9-9 New (T) V. 39, p. 647129-9-9 New V. 39, p. 1019129-10-31 Amended V. 39, p. 800

Page 9: Kansas Register - Kansas Secretary of State...Kansas Register Vol. 39, No. 47A November 20, 2020 Pages 1437-1446 Kansas Register

Kansas RegisterSecretary of State1st Floor, Memorial Hall120 SW 10th Ave.Topeka, KS 66612-1594