Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
198B.260,
216.875,
216.880,
216.885,
311.571,
314.041,
319A.010(3),
327.010(2),
334A.020(3),
335.090,
620.030
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216B.042(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary for the proper administration of the licensure function, which
includes establishing licensure standards and procedures to ensure safe,
adequate, and efficient health facilities and health services.
KRS
216.890 requires the Cabinet for Health and
Family Services to promulgate administrative regulations to implement the
provisions of
KRS
216.875 to
216.890,
which include standards related to the operation of prescribed pediatric
extended care (PPEC) centers. This administrative regulation establishes the
requirements for prescribed pediatric extended care centers.
Section 1. Definitions.
(1) "Child life specialist" means an
individual who has:
(a) A minimum bachelor's
degree with an educational emphasis on:
1.
Human growth and development;
2.
Education, which may include early childhood education;
3. Psychology; or
4. A related field of study; and
(b) Current experience in planning
and implementing developmental stimulation programs for children.
(2) "Developmentalist" means a
master's prepared individual with current experience in:
(a) Transdisciplinary evaluation;
and
(b) Treatment planning for
children who are at risk for or experiencing developmental delay.
(3) "Medical director" means a
board certified pediatrician who:
(a) Serves
as the liaison between the PPEC center and the medical community;
(b) Reviews the quality and appropriateness
of PPEC center services; and
(c) Is
available for consultation to PPEC center staff.
(4) "Medically dependent or technologically
dependent child" is defined by
KRS
216.875(6).
(5) "Nursing director" means a registered
nurse who:
(a) Is licensed pursuant to
KRS
314.041;
(b) Is responsible for providing continuous
supervision of PPEC center services; and
(c) Manages the daily operations of the
facility.
(6)
"Occupational therapist" is defined by
KRS
319A.010(3).
(7) "Physical therapist" is defined by
KRS
327.010(2).
(8) "Prescribed pediatric extended care
center" or "PPEC center" is defined by
KRS
216.875(1).
(9) "Prescribing physician" means a physician
who:
(a) Is licensed in Kentucky to practice
medicine or osteopathy in accordance with
KRS
311.571; and
(b) Signs the order admitting a child to the
PPEC center.
(10)
"Primary care provider" means a health care practitioner who:
(a) Is licensed to practice in
Kentucky;
(b) Maintains overall
responsibility for a child's medical management; and
(c) Is available for consultation and
collaboration with PPEC center staff.
(11) "Protocol of care" means a comprehensive
plan for implementation of the following services:
(a) Medical;
(b) Nursing;
(c) Psychosocial;
(d) Developmental; and
(e) Educational therapies.
(12) "Social worker" means an
individual who is:
(a) Licensed pursuant to
KRS
335.090; and
(b) A graduate of a school of social work
accredited by the Council on Social Worker Education.
(13) "Speech-language pathologist" is defined
by
KRS
334A.020(3).
Section 2. Scope of Operation and
Services. A PPEC center shall be a nonresidential health care service that
provides:
(1) A link in the continuum of care
for medically dependent or technologically dependent children; and
(2) The following triad of services for
children and their parents:
(a) Day health
care;
(b) Developmental
interventions; and
(c) Parent
training programs.
Section
3. Applicability. Each PPEC center shall:
(1) Be equipped and staffed to accommodate no
fewer than three (3) medically dependent or technologically dependent
children;
(2) Be in compliance with
this administrative regulation and federal, state, and local laws and
regulations pertaining to the operation of PPEC centers;
(3) Have a minimum full-time equivalent staff
of two (2) registered nurses and one (1) nursing assistant; and
(4) Meet the following ratios:
3-12 children
|
2 RNs plus 2 others
|
13-18 children
|
2 RNs, 1 LPN, plus 3 others
|
19-24 children
|
2 RNs, 2 LPNs, plus 4 others
|
If the PPEC center has a census of more than
twenty-four (24) children, the number of licensed nurses and other staff shall
increase by one (1) each for up to six (6) additional children enrolled.
|
Section
4. Criteria for Admission. Each child admitted to a PPEC center
shall meet at least the following criteria:
(1) An infant or child considered for
admission to the PPEC center shall be medically dependent or technologically
dependent with a complex condition requiring continual care, which may include:
(a) Supplemental oxygen;
(b) Ventilator dependence;
(c) Cystic fibrosis;
(d) Apnea;
(e) Spinal cord injury; or
(f) Malignancy;
(2) An infant or child shall not, prior to
admission, present significant risk of infection to other children or
personnel. The medical and nursing director may review, on a case-by-case
basis, any child with a suspected infectious disease to determine
appropriateness of admission;
(3)
The child shall be medically stabilized, require skilled nursing care or other
interventions, and be appropriate for outpatient care; and
(4) The primary care provider, in
consultation with the parent or legal guardian, shall be responsible for
recommending placement in a PPEC center upon consideration of medical,
emotional, psychosocial, and environmental factors.
Section 5. Preadmission Conference.
(1) If a child meets the admission criteria
established in Section 4 of this administrative regulation, the primary care
provider or designee shall contact the medical or nursing director of the PPEC
center to schedule a preadmission conference.
(2) If a child is hospitalized at the time of
referral, preadmission planning shall include:
(a) The parent or legal guardian;
and
(b) Relevant hospital medical,
nursing, social services, and developmental staff to assure that the discharge
plans shall be implemented upon admission to the PPEC center.
(3) If a child is not hospitalized
at the time of referral, preadmission planning shall be conducted with the:
(a) Primary care provider;
(b) Parent or legal guardian;
(c) PPEC center representatives;
and
(d) Representatives of other
relevant agencies as determined by the primary care provider and nursing
director.
(4) A
preadmission planning conference shall:
(a) Be
scheduled at least seventy-two (72) hours prior to placement; and
(b) Allow sufficient time to assure that the
therapeutic plan can be implemented upon placement in the PPEC
center.
(5) The protocol
of care shall:
(a) Be developed under the
direction of the PPEC center's nursing director during the preadmission
planning conference;
(b) Specify
the treatment plan needed to accommodate the medical, nursing, psychosocial,
and educational needs of the child and family;
(c) Identify specific goals for care,
including plans for achieving those goals;
(d) Include a schedule for evaluation of
progress;
(e) Include procedures to
follow in an emergency situation;
(f) Include criteria for discharge from the
PPEC center; and
(g) Be signed by
the:
1. Physician;
2. Authorized representative of the PPEC
center; and
3. Parent or legal
guardian.
(6) A
consent form outlining the purpose of the PPEC center, family responsibilities,
authorized treatment, appropriate liability release, and emergency disposition
plans shall be:
(a) Signed by the parent or
legal guardian; and
(b) Witnessed
prior to admission to the PPEC center.
(7) A copy of the consent form shall be:
(a) Provided to the parent or legal guardian;
and
(b) Maintained in the child's
medical record.
Section
6. Admission Procedure.
(1) In
consultation with the parent or legal guardian, a child may be referred to the
PPEC center medical or nursing director for determination of
placement.
(2)
(a) Each child admitted to a PPEC center
shall be admitted in accordance with a physician's written order placed in the
child's medical record.
(b) A copy
of the order shall be provided to the child's parent or legal
guardian.
Section
7. Provision of Services.
(1)
Medical staff services.
(a) Each child
admitted to a PPEC center shall be admitted upon prescription by the:
1. Child's prescribing physician;
or
2. Medical
director.
(b) The child's
primary care provider shall maintain responsibility for the overall medical
therapeutic plan.
(c) The medical
director shall participate in review of the protocol of care. Prescribed
therapies shall be adjusted in consultation with the primary care provider to
accommodate the child's condition.
(d) The PPEC center shall coordinate the
prescribed therapies for the child.
(2) Nursing staff services.
(a) A PPEC center nursing staff member shall
participate in preadmission planning.
(b) Nursing personnel, under the direction of
the nursing director, shall be responsible for implementing the nursing
care.
(c) Nursing personnel shall
be responsible for monitoring and documenting the effects of prescribed
therapies.
(d) Nursing personnel
shall inform the primary care provider and medical director of the results of
therapeutic interventions.
(e)
Nursing personnel shall participate in interdisciplinary staff meetings
regarding the child's progress.
(f)
Nursing personnel shall assure that the PPEC center provides an environment
conducive to the:
1. Stabilization of the
child's medical condition; and
2.
Promotion of the child's development.
(g) Nursing personnel shall be responsible
for maintaining the child's record in accordance with facility policies and
procedures.
(h) Nursing personnel
shall instruct the parent or legal guardian in how to provide the necessary
therapies in the home.
(3) Developmental services.
(a)
1. Each
child shall have a functional assessment and an individualized program plan to
accommodate the child's developmental needs.
2. The following functional areas shall be
included as appropriate:
a.
Self-care;
b. Communication
skills;
c. Social skills;
d. Motor skills;
e. Cognitive areas;
f. Play; and
g. Growth and development appropriate for
age.
(b) The
child's program plan shall:
1. Include
specific programs and action steps to facilitate developmental
progress;
2. Be reviewed at least
quarterly;
3. Include measurable
goals in need areas, or goals to enhance and normalize independent functioning
in daily activities;
4. Describe
the child's strengths and present performance level with respect to each
goal;
5. Document skill areas in
priority order; and
6. Include
anticipatory planning for specific areas identified as at-risk for future
problems.
(c) The child
life specialist shall participate in interdisciplinary staff
meetings.
(d) Each PPEC center
shall:
1. Include the parent or legal
guardian in care-related conferences; and
2. Train the parent or legal guardian on how
to:
a. Perform necessary therapies; and
b. Meet the developmental and
psychosocial needs of their child at home.
(e) PPEC center staff shall:
1. Make referrals to appropriate
resources;
2. Refer to community,
social, educational, and financial services; and
3. Refer or provide counseling to enhance
coping skills, interpersonal relationships, and family functioning.
(4) Nutritional
services.
(a) Therapeutic diets shall be
maintained in the child's file.
(b)
A registered dietician shall be available to provide assistance with:
1. Nutritional needs;
2. Special diets of individual children;
and
3. The development of policies
and procedures for the handling, serving, and storage of food.
(c) All food and formula, except
for specialized formula, shall be provided by PPEC center staff under the
supervision of the nursing director.
(d) Prepared foods shall be:
1. Kept under refrigeration with identifying
dates; and
2. Labeled with the
child's name.
Section 8. Quality Assurance.
(1) Each PPEC center shall have a quality
assurance program to evaluate the provision of patient care.
(2) The quality assurance program shall:
(a) Be ongoing; and
(b) Have a written plan of
implementation.
(3)
(a) All organized services related to patient
care, including services furnished by a contractor, shall be evaluated at least
every six (6) months.
(b)
Nosocomial infections and medication therapy shall be evaluated.
(c) Evidence of involvement by the parent or
legal guardian shall be evaluated at least every six (6) months.
Section 9.
Administration.
(1) Each PPEC center shall
develop, implement, and maintain written policies and procedures governing all
child care and related medical or other services provided.
(2) Personnel policies and procedures shall
specify qualifications and required ratios for staff employed by the PPEC
center.
(3) Each PPEC center shall:
(a) Maintain a personnel record for each
employee;
(b) Develop and maintain
a current job description for each employee;
(c) Provide each employee with access to
written personnel policies governing conditions of employment; and
(d) Provide an orientation and development
program for all PPEC center employees.
(4) Policies and procedures pertaining to
PPEC center services shall:
(a) Be available
to the public; and
(b) Include a
procedure manual with specifications for each therapeutic intervention. The
manual shall be:
1. Available for use by all
staff involved in the care of the children; and
2. Reviewed every six (6) months to assure
that procedures conform to prevailing and acceptable treatment
modalities.
(5)
Each PPEC center shall maintain an admission and discharge register that:
(a) Lists children admitted by name with
identifying information about each and the source from which the child was
admitted;
(b) Identifies the reason
for disposition; and
(c) Identifies
the place to which the child is to be discharged.
(6) Each PPEC center shall maintain;
(a) A daily census record;
(b) An accident and incident record;
and
(c) A complete medical and
nursing history for each child.
(7) Each PPEC center shall:
(a) Conduct a review of each child's protocol
of care quarterly and revise upon a change in the child's condition;
and
(b) Include any recommendations
or revisions to the protocol based on consultation with other professionals
involved in the child's care.
(8) Any changes in the orders shall be
documented and signed by the primary care provider.
(9) Prior to a discharge, a conference
involving PPEC center staff, the primary care provider, the parent or legal
guardian, and staff of other agencies involved in the patient's care shall be
held to discuss postdischarge care and follow-up.
(10) A discharge order written by the primary
care provider shall be documented and entered in the child's record.
(11) A discharge summary, including the
reason for discharge, shall also be included in the child's record.
(12) Except in an emergency situation, other
agencies involved in the care of the child shall be notified prior to the
discharge date.
(13) Each PPEC
center shall have linkage agreements through written agreements with providers
of other levels of care that may be medically needed to supplement the services
available at the center.
(14) Each
PPEC center shall have written policies to ensure the reporting of cases of
abuse, neglect, or exploitation of children to the Cabinet for Health and
Family Services pursuant to
KRS
620.030.
Section 10. Personnel.
(1) A board certified pediatrician shall
serve as the medical director for the PPEC center. Responsibilities of the
medical director shall include:
(a)
Participation in preadmission planning to establish a protocol of care as
described in Section 5(5) of this administrative regulation;
(b) Review of services to assure acceptable
levels of quality of care;
(c)
Maintenance of a liaison role with the medical community;
(d) Advisement on the development of new
programs and modifications of existing programs; and
(e) Assurance that medical consultation shall
be available if the medical director is absent.
(2) A nursing director shall be employed to
provide continuous supervision of PPEC center services. The nursing director
shall be responsible for:
(a) Daily operations
of the PPEC center;
(b) All
services rendered at the center;
(c) Personnel management;
(d) Organization and implementation of
in-service education programs for staff;
(e) Assistance to the medical director in
determining patient eligibility for admission to PPEC center;
(f) Assurance of adequate nursing
representation at preadmission conference;
(g) Supervision of all patient records;
and
(h) Documentation of the PPEC
center's activities to assure compliance with rules and administrative
regulations.
(3) Nursing
services shall be provided within the nurse's scope of practice pursuant to KRS
Chapter 314 and any administrative regulations promulgated
thereunder.
(4) The nursing
director shall have at least two (2) years nursing experience of which at least
six (6) months shall have been spent in a pediatric intensive care, neonatal
intensive care setting, PPEC center, or similar care setting in which the nurse
provided care to medically fragile children.
(5) Staffing.
(a) The PPEC center shall employ nursing and
ancillary staff that are necessary to:
1.
Provide the services essential to the center's operation; and
2. Meet the level of care needs of the
children enrolled.
(b)
There shall be an individual personnel record for each person employed by the
center, which includes the following:
1.
Resume with employee's training and experience;
2. Evidence of current licensure or
registration;
3. Reports of all
accidents occurring on duty; and
4.
Current certification in basic life support.
(c) The following categories of personnel
shall be available to the PPEC center on an in-house or consultant basis:
1. Developmentalist;
2. Child life specialist;
3. Occupational therapist;
4. Physical therapist;
5. Speech-language pathologist; and
6. Social worker.
Section 11. In-service
Training for Staff, Parents, and Legal Guardians.
(1) Monthly staff development programs
appropriate to the category of personnel shall be conducted to maintain quality
patient care.
(2) All staff
development programs shall be documented.
(3) All personnel shall maintain current
certification in basic life support.
(4) Each new employee shall participate in
orientation to acquaint the employee with the philosophy, organization,
program, practices, and goals of the PPEC center.
(5) A comprehensive orientation to acquaint
the parent or legal guardian with the philosophy and services shall be provided
at the time of the child's placement in the PPEC center.
(6) Staff development programs shall be
provided to:
(a) Facilitate the ability of the
staff to function as a member of an interdisciplinary team that includes health
professionals and the parent or legal guardian;
(b) Improve communication skills to
facilitate a collaborative relationship between the parent or legal guardian
and professionals;
(c) Increase
understanding of the effects that childhood illness has on the child's
development and the parent or guardian;
(d) Increase understanding of and how to cope
with the effects of childhood illnesses;
(e) Cover a variety of topics including:
1. Issues of death and dying;
2. Awareness of services available at the
following:
a. Hospital;
b. School; and
c. Community, state, and professional
organizations; and
3.
Fostering of advocacy skills; and
(f) Develop case management skills to assist
the family in:
1. Setting priorities;
and
2. Planning and implementing
the child's care at home.
(7) Each PPEC center shall provide training
in the implementation of new technology.
Section 12. Physical Environment.
(1) The building shall:
(a) Be suitable for the purpose intended;
and
(b) Maintain a minimum of sixty
(60) square feet of space per child, exclusive of the following:
1. Kitchen;
2. Bathroom;
3. Storage areas;
4. Stairways;
5. Unfinished basements; and
6. Attics.
(2) The PPEC center shall conform to or
exceed the minimum standards for day care centers as specified in the most
current version of the Kentucky Building Code, incorporated by reference in
815 KAR
7:120.
(3)
Plumbing approval. Prior to licensure, all specifications shall be approved by
the Kentucky Division of Plumbing, Department of Housing, Buildings and
Construction.
(4) Transportation.
Emergency transportation to a hospital shall be achieved within twenty (20)
minutes normal driving time or less, with a PPEC center staff member
accompanying the child unless the child's parent or legal guardian is
immediately available to accompany the child to the hospital.
(5) Unless medically contraindicated, the
PPEC center shall maintain a temperature range of seventy-two (72) degrees to
eighty (80) degrees Fahrenheit.
(6)
Accessibility. Each PPEC center shall meet requirements for making buildings
and facilities accessible to and usable by persons with a disability pursuant
to
KRS
198B.260 and 815 KAR Chapter 7.
(7) Fire safety. Each PPEC center shall:
(a) Be approved by the State Fire Marshal's
office prior to licensure; and
(b)
Retain a copy of the current fire inspection report on file.
(8) Housekeeping and maintenance
services.
(a) Housekeeping. Each PPEC center
shall:
1. Maintain a clean and safe facility
free of unpleasant odors; and
2.
Ensure that odors are eliminated at their source by prompt and thorough
cleaning of commodes, urinals, bedpans, and other sources.
(b) Maintenance. The premises shall be well
kept and in good repair as follows:
1. The
center shall insure that the grounds are well kept and the exterior of the
building, including the sidewalks, steps, porches, ramps, and fences are in
good repair;
2. The interior of the
building including walls, ceilings, floors, windows, window coverings, doors,
plumbing, and electrical fixtures shall be in good repair;
3. Garbage and trash shall be stored in areas
separate from those used for the preparation and storage of food and shall be
removed from the premises regularly. Containers shall be cleaned
regularly;
4. A pest control
program shall be in operation in each center. Pest control services shall be
provided by maintenance personnel of the facility or by contract with a pest
control company. The compounds shall be stored under lock;
5.
a. Sharp
wastes, including needles, scalpels, razors, or other sharp instruments used
for patient care procedures shall be segregated from other wastes and
aggregated in puncture resistant containers immediately after use.
b. Needles and syringes shall not be
recapped, cut, dismantled, or destroyed after use, but shall be placed intact
directly into a puncture resistant container.
c. The containers of sharp wastes shall
either be incinerated, on site or off site, or disposed of in a sanitary
landfill approved pursuant to
401 KAR
47:005 through
401
KAR 47:180; and
6. The center shall establish a written
policy for the handling and disposal of all infectious, pathological, and
contaminated waste if the center generates them. Any incinerator used for the
disposal of waste shall be in compliance with
401 KAR 59:020
or
401 KAR
61:010.
a.
(i) Infectious waste shall be placed in
double impervious plastic bags and each bag shall be two (2) mils in
thickness.
(ii) A bag, when full,
shall not exceed twenty-five (25) pounds.
(iii) All bags shall be securely closed and a
tag, which reads "INFECTIOUS WASTE" and identifies the center from which the
waste is being removed, shall be attached to the bag in a conspicuous
manner.
b. The following
wastes shall be disposed of by incineration, be autoclaved before disposal, or
be carefully poured down a drain connected to a sanitary sewer:
(i) Blood;
(ii) Blood specimens;
(iii) Used blood tubes; or
(iv) Blood products.
Section
13. Emergency Procedures.
(1)
There shall be a working telephone, which is neither locked nor a pay station,
in the center.
(2) Emergency
telephone numbers shall be posted on or in the immediate vicinity of all
telephones.
STATUTORY AUTHORITY:
KRS
216B.042(1),
216.890