Vol. 40, No. 13A Pages 437-466 April 1, 2021
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Kansas Register Vol. 40, No. 13A April 1, 2021 Pages 437-466 438 Kansas Register Table of Contents In this issue … Page The Kansas Register (USPS 0662- 190) is an official publication of the Executive Branch state of Kansas, published by au- Office of the Governor thority of K.S.A. 75-430. The Kansas Register is published weekly and a Executive Order No. 21-09, Extending Professional and Occupational cumulative index is published an- Licenses During State of Disaster Emergency .................................................................439 nually by the Kansas Secretary of Executive Order No. 21-10, Temporarily Allowing Notaries and Witnesses State. One-year subscriptions are to Act Via Audio-Video Communication Technology During State of $80 (Kansas residents must include Disaster Emergency .............................................................................................................440 applicable state and local sales tax). Single copies, if available, may be Executive Order No. 21-11, Temporarily Suspending Certain Rules Related purchased for $2. Periodicals post- to Sale Alcoholic Beverages ................................................................................................441 age paid at Topeka, Kansas. Executive Order No. 21-12, Licensure, Certification, and Registration of Persons and Licensure of “Adult Care Homes” During State of Disaster POSTMASTER: Send change of ad- Emergency .............................................................................................................................442 dress form to Kansas Register, Sec- retary of State, 1st Floor, Memorial Executive Order No. 21-13, Temporarily Prohibiting Certain Foreclosures Hall, 120 SW 10th Ave., Topeka, KS and Evictions ........................................................................................................................445 66612-1594. Executive Order No. 21-14, Establishing a Face Coverings Protocol ..............................447 Executive Order No. 21-15, Requiring COVID-19 Testing in Certain Adult © Kansas Secretary of State 2020. Care Homes ...........................................................................................................................449 Reproduction of the publication in its entirety or for commercial pur- Executive Order No. 21-16, Provisions Related to Drivers’ License and poses is prohibited without prior Identification Cards During the State of Disaster Emergency ......................................453 permission. Official enactments of Executive Order No. 21-17, Temporary Relief from Certain Unemployment the Kansas Legislature and pro- Insurance Requirements During State of Disaster Emergency .....................................454 posed and adopted administrative Executive Order No. 21-18, Temporary Provisions for Employer Payment regulations of state agencies may be reproduced in any form without of Income Tax Withholding for Work Performed in Another State ..............................455 permission. Executive Order No. 21-19, Temporary Relief from Certain Tuberculin Testing Requirements During State of Disaster Emergency ..........................................455 Hard copy subscription informa- Executive Order No. 21-20, Extending Time for Kansas Rural Water Districts tion and current and back issues of to Hold Annual Meetings During the COVID-19 Pandemic .........................................458 the Kansas Register (PDF Format) can be found at the following link: Executive Order No. 21-21, Temporary Authorization for Additional http://www.sos.ks.gov/publications/ Vaccinators During State of Disaster Emergency ............................................................459 kansas-register.html. New State Laws Senate Bill 283, concerning the governmental response to the COVID-19 pandemic in Kansas; extending the expanded use of telemedicine in response to the COVID-19 public health emergency; extending the authority Register Office: of the board of healing arts to grant certain temporary emergency licenses; 1st Floor, Memorial Hall imposing requirements related thereto and expiring such provisions; 785-368-8095 extending the suspension of certain requirements related to medical care [email protected] facilities and expiring such provisions; modifying the COVID-19 response and reopening for business liability protection act; extending immunity from civil liability for certain healthcare providers and for certain persons conducting business in this state for COVID-19 claims until March 31, 2022 ............460 Index to administrative regulations .............................................................................462 Published by Scott Schwab Secretary of State 1st Floor, Memorial Hall 120 SW 10th Ave. Topeka, KS 66612-1594 785-296-4564 www.sos.ks.gov Cover Artwork: Sun Rays After Rain Storm, Shawnee County Photo by Todd Caywood © Kansas Secretary of State 2021 Vol. 40, No. 13A, April 1, 2021 Executive Branch Kansas Register 439 State of Kansas WHEREAS, on April 9, 2020, I executed Executive Order Office of the Governor 20-19, which was extended by Executive Orders 20-39, 20-49, 20-64, and 21-02, extending professional and oc- Executive Order No. 21-09 cupational licenses during the COVID-19 pandemic; and Extending Professional and Occupational WHEREAS, in these challenging times this Administra- Licenses During State of Disaster Emergency tion will do whatever it can to avoid immediate dangers WHEREAS, securing the health, safety, and economic to the health, safety, and welfare of Kansans, including en- well-being of residents of the State of Kansas is this Ad- suring that Kansans who provide important services can ministration’s top priority; continue their work without regulatory interruptions. WHEREAS, Kansas is facing a crisis—the pandemic and NOW, THEREFORE, pursuant to the authority vested in public health emergency of COVID-19—resulting in ill- me as Governor of the State of Kansas, including but not ness, quarantines, school closures, and temporary clo- limited to the authority granted me by K.S.A 48-924 and sure of businesses resulting in lost wages and financial K.S.A 48-925, in order to slow the spread of COVID-19, I hardship to Kansas citizens; hereby direct and order the following: WHEREAS, the United States Departments of Health 1. All state agencies shall extend renewal deadlines for and Human Services declared a public health emergen- any occupational or professional license, certificate, cy for COVID-19 beginning January 27, 2020, with more permit, or registration issued by a state agency or than 30,147,000 cases of the illness and more than 547,000 any board, commission, division, or other licensing deaths as a result of the illness across the United States; authority within a state agency to any individual, business, or organization, that was in good standing WHEREAS, the World Health Organization declared a as of March 12, 2020, and that has expired or will pandemic on March 11, 2020; expire during the State of Disaster Emergency, and WHEREAS, on March 13, 2020, the President of the Unit- such licenses, certificates, permits, and registrations ed States pursuant to Sections 201 and 301 of the National shall remain valid until 90 days following the termi- Emergencies Act, 50 U.S.C. § 1601, et seq. and consistent nation of the State of Disaster Emergency. with Section 1135 of the Social Security Act, as amended 2. All state agencies shall extend renewal deadlines for (42 U.S.C. § 1320b-5), declared that the COVID-19 out- any organization, establishment, facility, shop, or break in the United States constitutes a national emer- premises license, certificate, permit, or registration gency beginning March 1, 2020; issued by a state agency or any board, commission, WHEREAS, a State of Disaster Emergency was pro- division or other licensing authority within a state claimed for the State of Kansas on March 12, 2020, and agency to any individual, business, or organization extended to May 28, 2021, by Section 5 of Senate Bill 40 that was in good standing as of March 12, 2020, and enacted during the 2021 Legislative Session; that has expired or will expire during the State of WHEREAS, as of this date, there have been over 302,372 Disaster Emergency, and such licenses, certificates, positive cases of COVID-19 in Kansas, spread among all permits, and registrations shall remain valid until 105 counties and 4,913 deaths as a result of the illness; 90 days following the termination of the State of Di- saster Emergency. WHEREAS, suspension of certain state statutes and admin- istrative rules is necessary to reduce the risk of further ex- 3. All state agencies shall waive any late, delinquent, posure and spread of COVID-19 and to assist with mitiga- penalty, or expiration fees associated with any li- tion efforts during the COVID-19 public health emergency; cense, certificate, permit, or registration referred to in Sections 1 and 2 above. WHEREAS, the State of Kansas, its boards, commissions, divisions, or other licensing authorities regularly renew 4. All state agencies shall extend the deadlines for thousands of occupational and professional licenses, cer- any continuing education requirements mandat- tificates, permits, and registrations on a regular basis; ed by any state agency or any board, commission, division, or other licensing authority until 90 days WHEREAS, the COVID-19 public health emergency following the termination of the State of Disaster presents significant—sometimes insurmountable—ob- Emergency. stacles