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Session of 2025
HOUSE BILL No. 2339
By Committee on Commerce, Labor and Economic Development
Requested by Representative Wasinger on behalf of LeadingAge Kansas
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AN ACT concerning adult care homes; relating to enhancing adult care
home services; providing for adult care home workforce development
through scholarships for part-time nursing students; setting minimum
education levels for instructors at nursing schools; establishing the
intergenerational child care program to enhance the adult care home
environment by supporting adult care homes offering child care
services through the awarding of grants by the secretary of health and
environment; creating the intergenerational child care fund; authorizing
the secretary to administer the fund; amending K.S.A. 65-1119 and
K.S.A. 2024 Supp. 74-3293 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. For purposes of sections 1 through 6, and
amendments thereto:
(a) "Adult care home" means an adult care home as defined in K.S.A.
39-923, and amendments thereto.
(b) "Secretary" means the secretary of health and environment.
New Sec. 2. The legislature finds that:
(a) There is a pressing need for innovative child care solutions to
address the workforce challenges faced by families in Kansas.
(b) Adult care homes are uniquely positioned to provide
intergenerational child care services that benefit the residents of an adult
care home, children, employees and local communities.
(c) Supporting adult care homes in establishing and enhancing child
care programs will foster collaboration across generations and contribute
to workforce stability.
(d) Providing grants to adult care homes seeking to provide child care
programs will help meet the need for child care in Kansas and enhance the
adult care home environment for residents.
New Sec. 3. (a) There is hereby established the intergenerational
child care program to provide financial assistance through grants to adult
care homes for the development and operation of child care programs, to
be administered by the secretary of health and environment.
(b) The purpose of the intergenerational child care program shall be
to:
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(1) Assist newly licensed adult care homes in covering start-up costs
associated with establishing child care services; and
(2) support programming and operational costs for existing adult care
homes offering child care services.
(c) In consultation with stakeholders, including representatives of
adult care homes and their respective associations, the secretary shall
develop a grant application process for adult care homes seeking to
establish child care services. The secretary shall establish eligibility
criteria, application requirements, and reporting standards for grant
recipients. Grants shall be awarded by the secretary from the
intergenerational child care fund, established by section 4, and
amendments thereto. Grant applicants and recipients shall be limited to
adult care homes.
(d) The grant application process shall include:
(1) Submission by applicants of proposals detailing plans for
establishing, enhancing or supporting child care services provided or
intended to be provided by the applicant;
(2) demonstration by applicants of collaboration with community
partners, including volunteer networks and local businesses;
(3) demonstrated compliance by applicants with requirements or
criteria established by the secretary in consultation with stakeholders; and
(4) such other criteria, requirements or standards as may be adopted
by the secretary.
(e) The secretary shall select grant applicants with proposals that in
the secretary's judgment best meet the purposes of the intergenerational
child care program pursuant to section 2, and amendments thereto, and
subsection (b) and award grants to such applicants. Grants shall be
awarded commencing January 15, 2026. The amount of any grant shall not
exceed $20,000 per recipient per fiscal year. Grants may be awarded to an
applicant in successive fiscal years upon an application for each year
approved by the secretary.
(f) The secretary may adopt rules and regulations as necessary to
implement the provisions of sections 1 through 6, and amendments
thereto.
New Sec. 4. (a) There is hereby established in the state treasury the
intergenerational child care fund to be administered by the secretary of
health and environment. All moneys credited to the intergenerational child
care fund shall be used by the department of health and environment for
grants awarded by the secretary of health and environment to adult care
homes pursuant to the provisions of sections 1 through 6, and amendments
thereto, for the purpose of providing financial assistance to adult care
homes for the development or operation of child care programs. All
expenditures from the intergenerational child care fund shall be made in
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accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
secretary of health and environment or the secretary's designee.
(b) (1) Subject to appropriations therefore, on July 1, 2025, and on
each July 1 thereafter through July 1, 2027, or as soon thereafter as
moneys are available, the director of accounts and reports shall transfer
$1,000,000 from the state general fund to the intergenerational child care
fund.
(2) Funds remaining in the intergenerational child care fund at the
end of any fiscal year may be used by the secretary as provided in this
section in any succeeding fiscal year or years.
(c) The secretary may solicit, receive and expend federal or state
grants, awards or appropriations, private gifts, bequests, donations or
contributions and any other moneys authorized by law for the purpose of
supporting the program and the fund. The secretary shall remit all moneys
received pursuant to this subsection to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the intergenerational child care
fund.
New Sec. 5. (a) The secretary of health and environment shall submit
an annual report to the legislature describing the activities of the program
and grant awards in the prior 12 months and evaluating the effectiveness of
the program and fund in developing and supporting intergenerational child
care programs in adult care homes. The report shall be submitted on or
before January 31 of each year.
(b) The report shall include, but not be limited to, recommendations
for continuation, modification or expansion of the program or fund as the
secretary deems appropriate.
New Sec. 6. (a) The provisions of sections 1 through 6, and
amendments thereto, shall expire on July 1, 2028.
(b) On July 1, 2028, the director of accounts and reports shall transfer
all moneys in the intergenerational child care fund established by section
4, and amendments thereto, to the state general fund. On July 1, 2028, all
liabilities of the intergenerational child care fund shall be transferred to
and imposed upon the state general fund, and the intergenerational child
care fund shall be abolished.
Sec. 7. K.S.A. 65-1119 is hereby amended to read as follows: 65-
1119. (a) Application for approval. An approved school of nursing is one
which has been approved as such by the board as meeting the standards of
this act, and the rules and regulations of the board. An institution desiring
to conduct an approved school of professional or practical nursing shall
apply to the board for approval and submit satisfactory proof that it is
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prepared to and will maintain the standards and basic professional nursing
curriculum or the required curriculum for practical nursing, as the case
may be, as prescribed by this act and by the rules and regulations of the
board. Applications shall be made in writing on forms supplied by the
board and shall be submitted to the board together with the application fee
fixed by the board. The approval of a school of nursing shall not exceed 10
years after the granting of such approval by the board. An institution
desiring to continue to conduct an approved school of professional or
practical nursing shall apply to the board for the renewal of approval and
submit satisfactory proof that it will maintain the standards and basic
professional nursing curriculum or the required curriculum for practical
nursing, as the case may be, as prescribed by this act and by the rules and
regulations of the board. Applications for renewal of approval shall be
made in writing on forms supplied by the board. Each school of nursing
shall submit annually to the board an annual fee fixed by the board by
rules and regulations to maintain the approval status.
(b) Schools for professional nurses. To qualify as an approved school
for professional nurses, the school must be conducted in the state of
Kansas, and shall apply to the board and submit evidence that: (1) It is
prepared to carry out the professional curriculum as prescribed in the rules
and regulations of the board; (2) faculty possess a nursing or directly
related medical degree awarded by a state or nationally accredited school
of nursing or medical school approved by the board that is at least one
level more advanced than the degree awarded by the program in which
they are teaching . Additional or more advanced credentials for faculty
shall not be required; and (2) (3) it is prepared to meet such other
standards as shall be established by this law and the rules and regulations
of the board.
(c) Schools for practical nurses. To qualify as an approved school for
practical nurses, the school must be conducted in the state of Kansas, and
shall apply to the board and submit evidence that: (1) It is prepared to
carry out the curriculum as prescribed in the rules and regulations of the
board; (2) faculty possess a nursing or directly related medical degree
awarded by a state or nationally accredited school of nursing or medical
school approved by the board that is at least one level more advanced than
the degree awarded by the program in which they are teaching. Additional
or more advanced credentials for faculty shall not be required; and (2) (3)
it is prepared to meet such other standards as shall be established by this
law and the rules and regulations of the board.
(d) Survey. The board shall prepare and maintain a list of approved
schools for both professional and practical nurses whose graduates, if they
have the other necessary qualifications provided in this act, shall be
eligible to apply for a license as a registered professional nurse or as a
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licensed practical nurse. A survey of the institution or institutions and of
the schools applying for approval shall be made by an authorized
employee of the board or members of the board, who shall submit a
written report of the survey to the board. If, in the opinion of the board, the
requirements as prescribed by the board in its rules and regulations for an
approved school for professional nurses or for practical nurses are met, it
shall so approve the school as either a school for professional nurses or
practical nurses, as the case may be. The board shall resurvey approved
schools on a periodic basis as determined by rules and regulations. If the
board determines that any approved school of nursing is not maintaining
the standards required by this act and by rules and regulations prescribed
by the board, notice thereof in writing, specifying the failures of such
school, shall be given immediately to the school. A school which fails to
correct such conditions to the satisfaction of the board within a reasonable
time shall be removed from the list of approved schools of nursing until
such time as the school shall comply with the standards. All approved
schools shall maintain accurate and current records showing in full the
theoretical and practical courses given to each student.
(e) Providers of continuing nursing education. (1) To qualify as an
approved provider of continuing nursing education offerings, persons,
organizations or institutions proposing to provide such continuing nursing
education offerings shall apply to the board for approval and submit
evidence that the applicant is prepared to meet the standards and
requirements established by the rules and regulations of the board for such
continuing nursing education offerings. Initial applications shall be made
in writing on forms supplied by the board and shall be submitted to the
board together with the application fee fixed by the board.
(2) A long-term provider means a person, organization or institution
that is responsible for the development, administration and evaluation of
continuing nursing education programs and offerings. Qualification as a
long-term approved provider of continuing nursing education offerings
shall expire five years after the granting of such approval by the board. An
approved long-term provider of continuing nursing education offerings
shall submit annually to the board the annual fee established by rules and
regulations, along with an annual report for the previous fiscal year.
Applications for renewal as an approved long-term provider of continuing
nursing education offerings shall be made in writing on forms supplied by
the board.
(3) Qualification as an approved provider of a single continuing
nursing education offering, which may be offered once or multiple times,
shall expire two years after the granting of such approval by the board.
Approved single continuing nursing education providers shall not be
subject to an annual fee or annual report.
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(4) In accordance with rules and regulations adopted by the board, the
board may approve individual educational offerings for continuing nursing
education which shall not be subject to approval under other subsections of
this section.
(5) The board shall accept offerings as approved continuing nursing
education presented by: Colleges that are approved by a state or the
national department of education and providers approved by other state
boards of nursing, the national league for nursing, the national federation
of licensed practical nurses, the American nurses credentialing center or
other such national organizations as listed in rules and regulations adopted
by the board.
(6) An individual designated by a provider of continuing nursing
education offerings as an individual responsible for CNE who has held this
position for the provider at least five years immediately prior to January 1,
1997, shall not be required to have a baccalaureate or higher academic
degree in order to be designated by such provider as the individual
responsible for CNE.
(f) Criteria for evaluating out-of-state schools. For the purpose of
determining whether an applicant for licensure who is a graduate of a
school of professional or practical nursing located outside this state meets
the requirements of item (2) of subsection (a) of K.S.A. 65-1115 (a), and
amendments thereto, or the requirements of item (2) of subsection (a) of
K.S.A. 65-1116(a), and amendments thereto, as appropriate, the board by
rules and regulations shall establish criteria for determining whether a
particular school of professional nursing located outside this state
maintains standards which are at least equal to schools of professional
nursing which are approved by the board and whether a particular school
of practical nursing located outside this state maintains standards which
are at least equal to schools of practical nursing which are approved by the
board. The board may send a questionnaire developed by the board to any
school of professional or practical nursing located outside this state for
which the board does not have sufficient information to determine whether
the school meets the standards established under this subsection (f). The
questionnaire providing the necessary information shall be completed and
returned to the board in order for the school to be considered for approval.
The board may contract with investigative agencies, commissions or
consultants to assist the board in obtaining information about schools. In
entering such contracts the authority to approve schools shall remain
solely with the board.
(g) The board may accept nationally accredited schools of nursing as
defined in rule and regulation.
(1) Schools of nursing which have received accreditation from a
board recognized national nursing accreditation agency shall file evidence
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of initial accreditation with the board and shall file all reports from the
accrediting agency and any notice of any change in school accreditation
status. The board may grant approval based upon evidence of such
accreditation.
(2) Schools of nursing holding approval based upon national
accreditation are also responsible for complying with all other
requirements as determined by rules and regulations of the board.
(3) The board may grant approval to a school of nursing with national
accreditation for a continuing period not to exceed 10 years.
Sec. 8. K.S.A. 2024 Supp. 74-3293 is hereby amended to read as
follows: 74-3293. (a) There is hereby established the nursing service
scholarship program. A scholarship may be awarded under the nursing
service scholarship program to any qualified nursing student enrolled part-
time or full-time in , or admitted to , a school of nursing in a course of
instruction leading to licensure as a licensed professional nurse or licensed
practical nurse. A nursing student shall not be required to be a resident of
Kansas to qualify for a scholarship under the nursing service scholarship
program. The determination of the individuals qualified for such
scholarships shall be made by the executive officer. Scholarships shall be
awarded on a priority basis to qualified applicants who have the greatest
financial need. Part-time students selected to receive a scholarship shall
be awarded a partial, prorated scholarship.
(b) Scholarships awarded under the nursing service scholarship
program shall be awarded for the length of the course of instruction
leading to licensure as a licensed professional nurse or licensure as a
licensed practical nurse in which the student is enrolled or admitted unless
otherwise terminated before the expiration of such period of time.
(c) (1) Except as provided in paragraph (2), the amount of each
scholarship shall be established annually by the executive officer.
(2) If the nursing student has a sponsor, then the amount of the
scholarship for such nursing student shall not exceed the amount
established under paragraph (1) multiplied by 125%.
Sec. 9. K.S.A. 65-1119 and K.S.A. 2024 Supp. 74-3293 are hereby
repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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