# K.S.A. § 39-2004: 39-2004 - Secretary for aging and disability services; rules and regulations; waiver of requirements

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2004

## Section

- **Citation:** K.S.A. § 39-2004
- **Heading:** 39-2004 - Secretary for aging and disability services; rules and regulations; waiver of requirements
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 39 / Article 20 / Section 39-2004

## Text

39-2004. Secretary for aging and disability services; rules and regulations; waiver of requirements. (a) The secretary may adopt rules and regulations necessary to carry out the provisions of this act. Such rules and regulations may prescribe minimum standards and requirements relating to: The location, building, size of centers, facilities and hospitals; environmental standards; capacity; the individuals allowed; the types of services offered; the records to be kept; medication management; policies and procedures specific to centers, facilities, hospitals and providers; the kind and frequency of reports and inventories to be made; and may generally establish such requirements as may be deemed necessary to protect the health, safety, hygiene, welfare and comfort of the individuals.

(b) The authority granted to the secretary under this act is in addition to other statutory authority the secretary has to require the licensing and operation of centers, facilities, hospitals and providers and is not to be construed to limit any of the powers and duties of the secretary under article 59 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.

(c) Notwithstanding any other provision of law to the contrary, the secretary may waive a requirement of the rules and regulations adopted under this act if the secretary finds that the waiver of the regulatory requirement is in the public interest and will not detrimentally affect the life, safety, health or welfare of any person receiving care or treatment in a center, facility or hospital licensed under this act or an individual receiving services from a provider licensed under this act.

## Nearby sections

- [K.S.A. § 39-2001 39-2001 - Providers of disability services; purpose of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2001.md)
- [K.S.A. § 39-2002 39-2002 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2002.md)
- [K.S.A. § 39-2003 39-2003 - Secretary for aging and disability services; powers, duties and functions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2003.md)
- [K.S.A. § 39-2004 39-2004 - Secretary for aging and disability services; rules and regulations; waiver of requirements.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2004.md)
- [K.S.A. § 39-2005 39-2005 - Providers; requirements to comply with applicable laws, ordinances and rules and regulations.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2005.md)
- [K.S.A. § 39-2006 39-2006 - Same; requirements to obtain license.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2006.md)
- [K.S.A. § 39-2007 39-2007 - Same; application for license.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2007.md)
- [K.S.A. § 39-2008 39-2008 - License; application and renewal.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2008.md)
- [K.S.A. § 39-2009 39-2009 - Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; fingerprinting and criminal history record checks; unauthorized disclosure, penalties.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2009.md)
- [K.S.A. § 39-2010 39-2010 - Licenses issued prior to effective date of act; requirement to comply with act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2010.md)
- [K.S.A. § 39-2011 39-2011 - Inspections and investigations of providers and facilities; notice.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2011.md)
- [K.S.A. § 39-2012 39-2012 - Provision of license; requirements; duration.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2012.md)
- [K.S.A. § 39-2013 39-2013 - Denial, suspension or revocation of license; procedure; loss of accreditation, notice to department.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2013.md)
- [K.S.A. § 39-2014 39-2014 - Same; person with ownership or other interest in provider.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2014.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C39_A20_S39-2004. Check the current official text before relying on it. Not legal advice.