KRS 216B.305: Registration of boarding home -- Standards for operation --

Unannounced inspection -- Denial of registration -- Access by cabinet

employees and agents -- No preemption of local authority for stricter

requirements.

(1) A person, association, business entity, or organization shall not advertise, solicit

boarders, or operate a boarding home without registering, on an annual basis, in a

manner and form prescribed by the secretary. A person who has been convicted of a

crime of abuse or neglect under KRS 508.100 to 508.120 or who has had a report of

abuse substantiated by the cabinet shall not be registered to operate a boarding

home. The secretary shall impose a fee, not to exceed one hundred dollars ($100),

for this registration.

(2) The secretary shall adopt standards, by administrative regulation pursuant to KRS

Chapter 13A, for the operation of boarding homes. The administrative regulations

shall include minimum requirements in the following areas:

(a) Minimum room sizes for rooms occupied for s leeping purposes. Rooms

occupied by one (1) boarding home resident shall contain at least sixty (60)

square feet of floor space. Rooms occupied by more than one (1) occupant

shall contain at least forty (40) square feet of floor space for each occupant;

(b) Bedding, linens, and laundry services provided to residents;

(c) Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation

of the premises;

(d) Heating, lighting, and fire prevention, including the installation and

maintenance of smoke detectors;

(e) Maintenance of the building;

(f) Food handling, preparation, and storage, and kitchen sanitation;

(g) Nutritional standards sufficient to meet the boarder's need;

(h) Complaint procedures whereby residents may lodge complaints with the

cabinet concerning the operation of the boarding home; and

(i) Initial and periodic screening procedures to ensure that individuals meet the

definition of "boarder" under KRS 216B.300(3).

(3) Prior to the initial or annual registration of a boarding home, the cabinet shall cause

an unannounced inspection to be made of the boarding home, either by cabinet

personnel or through the local health department acting on behalf of the cabinet, to

determine if the boarding home is in compliance with:

(a) Standards established in subsections (1) and (2) of this section;

(b) Administrative regulations relating to the operation of boarding homes

promulgated pursuant to subsection (2) of this section; and

(c) All applicable local health, fire, building, and safety codes and zoning

ordinances.

(4) (a) A boarding home shall not be regis tered to any person, association, business

entity, or organization that has been previously penalized for operating a

boarding home without a registration or that has had a previously denied or

revoked registration to operate a boarding home, for a period of five (5) years

following the date of imposition of the previous penalty or denial or

revocation of registration.

(b) A boarding home operator may appeal the cabinet's denial of initial or annual

registration, and an administrative hearing shall be condu cted in accordance

with KRS Chapter 13B. A hearing held for a summary suspension shall be

expedited and shall be in accordance with administrative regulations

promulgated by the cabinet. If a boarding home continues to operate in

violation of administrative regulations promulgated pursuant to subsection (2)

of this section, the cabinet shall institute injunctive proceedings in Circuit

Court to terminate the operation of the boarding home.

(5) Any person, association, business entity, or organization that submits an application

to register a boarding home that conceals a previously denied or revoked

application or conceals a penalty received for operating a boarding home without a

registration shall be liable for a civil penalty of at least one thousand dolla rs

($1,000) but not more than five thousand dollars ($5,000). Any registration issued

in reliance upon the application concealing information shall be immediately

revoked.

(6) Initial and annual registration may be denied and existing registration may be

revoked for any of the following:

(a) The boarding home fails to achieve or maintain substantial and continuing

compliance with administrative regulations promulgated pursuant to

subsection (2) of this section;

(b) The boarding home fails or refuses to corr ect violations within a reasonable

time as specified by the cabinet; or

(c) The applicant for registration or the registrant has been convicted of a crime

related to abuse, neglect, or exploitation of an adult or has had an incident of

adult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated

by the cabinet.

(7) Employees or designated agents of the cabinet shall have the authority to enter at

any time a boarding home or any premises suspected of operating as an

unregistered boarding ho me for the purpose of conducting an inspection or

investigating a complaint.

(8) A boarding home shall not handle, store, dispense, or assist with the dispensing of a

boarder's prescription or non-prescription medications.

(9) Upon request of the boarder, the boarding home shall provide access to a lockable

compartment for use by a resident who requests secure storage for prescription

medication.

(10) If a boarding home fails to meet a minimum standard established in subsection (2)

or (3) of this section an d is in such a condition that the cabinet determines that the

boarding home's continued operation poses a significant risk to the health and

safety of its residents, the cabinet may summarily suspend the registration of the

boarding home by ordering that i ts operations cease until corrections are made or

until a hearing is held on the appropriateness of the suspension.

(11) Nothing in this section or KRS 216B.303 shall be construed to prohibit local

governments from imposing requirements on boarding homes t hat are stricter than

those imposed by administrative regulations of the Cabinet for Health and Family

Services.