Session of 1997
SENATE BILL No. 248
By Committee on Public Health and Welfare
9 AN ACT concerning the Kansas healing arts act; amending K.S.A. 65-
10 2839a, 65-2840a, 65-2842 and 65-2873 and K.S.A. 1996 Supp. 65-2836
11 and 65-2837 and repealing the existing sections; also repealing K.S.A.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1996 Supp. 65-2836 is hereby amended to read as
16 follows: 65-2836. A licensee's license may be revoked, suspended
17 ited or conditioned, or the licensee may be publicly or privately censured,
18 or an application for a license or for reinstatement of a license may be
19 denied in accordance with the Kansas administrative procedure act upon
20 a finding of the existence of any of the following grounds:
21 (a) The licensee has committed fraud or misrepresentation in apply-
22 ing for or securing an original, renewal or reinstated license, or in rec-
23 ommending another for licensure.
24 (b) The licensee has committed an act of unprofessional or dishon-
25 orable conduct or professional incompetency.
26 (c) The licensee has been convicted of a crime in any jurisdiction for
27 which the maximum penalty is at least that for a conviction of a felony
28 or class A misdemeanor in this state, whether or not related to the practice
29 of the healing arts.
30 (d) The licensee has used fraudulent or false advertisements.
31 (e) (d) The licensee is addicted to or has distributed intoxicating liq-
32 uors or drugs for any other than lawful purposes has used any intoxicating,
33 mood or mind altering drug or controlled substance for other than a med-
34 ically accepted or lawful purpose while providing professional services.
35 (f) (e) The licensee has willfully or repeatedly violated this act, the
36 pharmacy act of the state of Kansas or the uniform controlled substances
37 act, or any rules and regulations adopted pursuant thereto, or any rules
38 and regulations of the secretary of health and environment which are
39 relevant to the practice of the healing arts.
40 (g) (f) The licensee has unlawfully invaded engaged in the field of
41 practice of any branch of the healing arts in which the licensee is not
42 licensed to practice.
43 (h) (g) The licensee has engaged in the practice of the healing arts
1 under a false or assumed name
, or the impersonation of impersonated
2 another practitioner. The provisions of this subsection relating to an as-
3 sumed name shall not apply to licensees practicing under a professional
4 corporation or other legal entity duly authorized to provide such profes-
5 sional services in the state of Kansas.
6 (i) (h) The licensee has the inability to practice the branch of the
7 healing arts for which the licensee is licensed with reasonable skill and
8 safety to patients by reason of physical or mental illness or condition,
9 alcoholism, excessive or use of alcohol or drugs , controlled or any other
10 chemicals or substances , chemical or any other type of material or as a
11 result of any mental or physical condition. In determining whether or not
12 such inability exists, the board, upon reasonable suspicion of such inability
13 and following the procedures prescribed in K.S.A. 65-2842 and amend-
14 ments thereto, shall have authority to compel a licensee to submit to
15 mental or physical examination or drug screen, or any combination
16 thereof, by such persons as the board may designate. To determine
17 whether reasonable suspicion of such inability exists, the investigative
18 information shall be presented to the board as a whole, to a review com-
19 mittee of professional peers of the licensee established pursuant to K.S.A.
20 65-2840c and amendments thereto or to a committee consisting of the
21 officers of the board elected pursuant to K.S.A. 65-2818 and amendments
22 thereto and the executive director appointed pursuant to K.S.A. 65-2878
23 and amendments thereto, and the determination shall be made by a ma-
24 jority vote of the entity which reviewed the investigative information.
25 Information submitted to the board as a whole or a review committee of
26 peers or a committee of the officers and executive director of the board
27 and all reports, findings and other records shall be confidential and not
28 subject to discovery by or release to any person or entity. The licensee
29 shall submit to the board a release of information authorizing the board
30 to obtain a report of such examination or drug screen, or both. A person
31 affected by this subsection shall be offered, at reasonable intervals, an
32 opportunity to demonstrate that such person can resume the competent
33 practice of the healing arts with reasonable skill and safety to patients.
34 For the purpose of this subsection, every person licensed to practice the
35 healing arts and who shall accept the privilege to practice the healing arts
36 in this state by so practicing or by the making and filing of an annual
37 renewal to practice the healing arts in this state shall be deemed to have
38 consented to submit to a mental or physical examination or a drug screen,
39 or any combination thereof, when directed in writing by the board and
40 further to have waived all objections to the admissibility of the testimony,
41 drug screen or examination report of the person conducting such exam-
42 ination or drug screen, or both, at any proceeding or hearing before the
43 board on the ground that such testimony or examination or drug screen
report constitutes a privileged communication. In any proceeding by the
2 board pursuant to the provisions of this subsection, the record of such
3 board proceedings involving the mental and physical examination or drug
4 screen, or any combination thereof, shall not be used in any other ad-
5 ministrative or judicial proceeding.
6 (j) (i) The licensee has had a license to practice the healing arts re-
7 voked, suspended or limited, has been censured or has had other disci-
8 plinary action taken, or an application for a license denied, by the proper
9 licensing authority of another state, territory, District of Columbia, or
10 other country, a certified copy of the record of the action of the other
11 jurisdiction being shall be conclusive evidence thereof.
12 (k) (j) The licensee has violated any lawful rule and regulation prom-
13 ulgated by the board or violated any lawful order or directive of the board
14 previously entered by the board.
15 (l) (k) The licensee has failed to report or reveal the knowledge re-
16 quired to be reported or revealed under K.S.A. 65-28,122 and amend-
17 ments thereto.
18 (m) (l) The licensee, if licensed to practice medicine and surgery, has
19 failed to inform a patient suffering from any form of abnormality of the
20 breast tissue for which surgery is a recommended form of treatment, of
21 alternative methods of treatment specified in the standardized summary
22 supplied by the board. The standardized summary shall be given to each
23 patient specified herein as soon as practicable and medically indicated
24 following diagnosis, and this shall constitute compliance with the require-
25 ments of this subsection. The board shall develop and distribute to per-
26 sons licensed to practice medicine and surgery a standardized summary
27 of the alternative methods of treatment known to the board at the time
28 of distribution of the standardized summary, including surgical, radiolog-
29 ical or chemotherapeutic treatments or combinations of treatments and
30 the risks associated with each of these methods. Nothing in this subsection
31 shall be construed or operate to empower or authorize the board to re-
32 strict in any manner the right of a person licensed to practice medicine
33 and surgery to recommend a method of treatment or to restrict in any
34 manner a patient's right to select a method of treatment. The standard-
35 ized summary shall not be construed as a recommendation by the board
36 of any method of treatment. The preceding sentence or words having the
37 same meaning shall be printed as a part of the standardized summary.
38 The provisions of this subsection shall not be effective until the stan-
39 dardized written summary provided for in this subsection is developed
40 and printed and made available by the board to persons licensed by the
41 board to practice medicine and surgery recognized by licensees of the
42 same profession in the same or similar communities as being acceptable
43 under like conditions and circumstances.
(n) (m) The licensee or applicant has cheated on or attempted to
2 subvert the validity of the an examination for a license.
3 (o) (n) The licensee has been found to be mentally ill, disabled, not
4 guilty by reason of insanity, not guilty because the licensee suffers from
5 a mental disease or defect or incompetent to stand trial by a court of
6 competent jurisdiction.
7 (p) (o) The licensee has prescribed, sold, administered, distributed
8 or given a controlled substance to any person for other than medically
9 accepted or lawful purposes.
10 (q) The licensee has violated a federal law or regulation relating to
11 controlled substances.
12 (r) (p) The licensee has failed to furnish the board, or its investigators
13 or representatives, any information legally requested by the board.
14 (s) (q) Sanctions or disciplinary actions have been taken against the
15 licensee by a peer review committee, health care facility, a governmental
16 agency or department or a professional association or society for acts or
17 conduct similar to acts or conduct which would constitute grounds for
18 disciplinary action under this section.
19 (t) (r) The licensee has failed to report to the board any adverse action
20 taken against the licensee by another state or licensing jurisdiction, a peer
21 review body, a health care facility, a professional association or society, a
22 governmental agency, by a law enforcement agency or a court for acts or
23 conduct similar to acts or conduct which would constitute grounds for
24 disciplinary action under this section.
25 (u) (s) The licensee has surrendered a license or authorization to
26 practice the healing arts in another state or jurisdiction, has surrendered
27 the authority to utilize controlled substances issued by any state or federal
28 agency, has agreed to a limitation to or restriction of privileges at any
29 medical care facility or has surrendered the licensee's membership on any
30 professional staff or in any professional association or society while under
31 investigation for acts or conduct similar to acts or conduct which would
32 constitute grounds for disciplinary action under this section.
33 (v) (t) The licensee has failed to report to the board surrender of the
34 licensee's license or authorization to practice the healing arts in another
35 state or jurisdiction or surrender of the licensee's membership on any
36 professional staff or in any professional association or society while under
37 investigation for acts or conduct similar to acts or conduct which would
38 constitute grounds for disciplinary action under this section.
39 (w) (u) The licensee has an adverse judgment, award or settlement
40 against the licensee resulting from a medical professional liability claim
41 related to acts or conduct similar to acts or conduct which would consti-
42 tute grounds for disciplinary action under this section.
43 (x) (v) The licensee has failed to report to the board any adverse
1 judgment, settlement or award against the licensee resulting from a
2 ical professional malpractice liability claim related to acts or conduct sim-
3 ilar to acts or conduct which would constitute grounds for disciplinary
4 action under this section.
5 (y) (w) The licensee has failed to maintain a policy of professional
6 liability insurance as required by K.S.A. 40-3402 or 40-3403a and amend-
7 ments thereto.
8 (z) (x) The licensee has failed to pay the annual premium surcharge
9 as required by K.S.A. 40-3404 and amendments thereto.
10 (aa) The licensee has knowingly submitted any misleading, deceptive,
11 untrue or fraudulent representation on a claim form, bill or statement.
12 (bb) The licensee as the responsible physician for a physician's assis-
13 tant has failed to adequately direct and supervise the physician's assistant
14 in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and amend-
15 ments thereto, or rules and regulations adopted under such statutes.
16 Sec. 2. K.S.A. 1996 Supp. 65-2837 is hereby amended to read as
17 follows: 65-2837. As used in K.S.A. 65-2836, and amendments thereto,
18 and in this section:
19 (a) ``Professional incompetency'' means:
20 (1) One or more instances involving failure to adhere to the appli-
21 cable standard of care to a degree which constitutes gross negligence, as
22 determined by the board.
23 (2) Repeated Multiple instances involving failure to adhere to the
24 applicable standard of care to a degree which constitutes ordinary negli-
25 gence, as determined by the board.
26 (3) A pattern of practice or other behavior which demonstrates a
27 manifest incapacity or incompetence to practice medicine the healing
29 (b) ``Unprofessional conduct'' means:
30 (1) Solicitation of professional patronage through the use of Using
31 deceptive, fraudulent or false advertisements, or profiting by the author-
32 izing or acquiescing in similar acts of those representing themselves to
33 be by agents of the licensee.
34 (2) Representing to a patient that a manifestly incurable disease, con-
35 dition or injury can be permanently cured.
36 (3) Assisting in the care or treatment of a patient without the consent
37 of the patient, the attending physician or the patient's legal representa-
39 (4) The use of Using any letters, words, or terms, as an affix, on sta-
40 tionery, in advertisements, or otherwise indicating that such person is
41 entitled to practice a branch of the healing arts for which such person is
42 not licensed.
43 (5) Performing, procuring or aiding and abetting in the performance
1 or procurement of
a criminal an abortion in violation of article 67 of
2 chapter 65 of the Kansas Statutes Annotated or acts amendatory thereof
3 or supplemental thereto.
4 (6) Willful betrayal of Willfully releasing privileged or confidential
6 (7) Advertising professional superiority or the performance of pro-
7 fessional services in a superior manner.
8 (8) Advertising to guarantee any professional service or to perform
9 any operation painlessly.
10 (9) Participating in any action as a staff member of a medical care
11 facility which is designed to exclude or which results in the exclusion of
12 any person licensed to practice medicine and surgery from the medical
13 staff of a nonprofit medical care facility licensed in this state because of
14 the branch of the healing arts practiced by such person or without just
16 (10) Failure Failing to effectuate the declaration of a qualified patient
17 as provided in subsection (a) of K.S.A. 65-28,107, and amendments
19 (11) Prescribing, ordering, dispensing, administering, selling, supply-
20 ing or giving any amphetamines or sympathomimetic amines, except as
21 authorized by K.S.A. 65-2837a, and amendments thereto.
22 (12) Committing conduct likely to deceive, defraud or harm the pub-
24 (13) Making a false or misleading statement representation regarding
25 the licensee's skill or the efficacy or value of the drug, treatment or rem-
26 edy prescribed by the licensee or at the licensee's direction in the treat-
27 ment of any disease or other condition of the body or mind.
28 (14) Aiding or abetting the practice of the healing arts by an unli-
29 censed, incompetent or impaired person or delegating, ordering or refer-
30 ring professional responsibilities to be performed by a person when the
31 licensee knows or has reason to know that such person is not qualified by
32 training or experience or is not authorized by licensure to perform them.
33 (15) Allowing another person or organization to use the licensee's
34 license to practice the healing arts.
35 (16) Commission of Committing any act of sexual abuse, misconduct
36 or exploitation related to the licensee's professional practice.
37 (17) The use of Using any false, fraudulent or deceptive statement in
38 any document representation connected with the practice of the healing
39 arts including the intentional intentionally falsifying or fraudulent fraud-
40 ulently altering of a patient or medical care facility record.
41 (18) Obtaining any fee by fraud, deceit or misrepresentation.
42 (19) Directly or indirectly giving or receiving any fee, commission,
43 rebate or other compensation for professional services not actually and
1 personally rendered, other than through the legal functioning of lawful
2 professional partnerships, professional corporations
or, professional as-
3 sociations, or limited liability companies or partnerships authorized to
4 provide professional services.
5 (20) Failure Failing to transfer patient records to another licensee
6 when requested to do so by the subject patient or by such patient's legally
7 designated representative.
8 (21) Performing unnecessary tests, examinations or services which
9 have no legitimate medical purpose.
10 (22) Charging an excessive fee for services rendered.
11 (23) Prescribing, dispensing, administering, distributing a prescrip-
12 tion drug or substance, including a controlled substance, in an excessive,
13 improper or inappropriate manner or quantity or not in the course of the
14 licensee's professional practice for other than a medically accepted or
15 lawful purpose.
16 (24) Repeated failure to practice healing arts with that level of care,
17 skill and treatment which is recognized by a reasonably prudent similar
18 practitioner as being acceptable under similar conditions and circum-
20 (25) Failure (24) Failing to keep written medical records which ac-
21 curately describe the services rendered to the patient, including patient
22 histories, pertinent findings, examination results and test results.
23 (26) Delegating professional responsibilities to a person when the
24 licensee knows or has reason to know that such person is not qualified by
25 training, experience or licensure to perform them.
26 (27) (25) Using experimental forms of therapy without proper in-
27 formed patient consent, without conforming to generally accepted criteria
28 or standard protocols, without keeping detailed legible records or without
29 having periodic analysis of the study and results reviewed by a committee
30 or peers.
31 (28) (26) Prescribing, dispensing, administering or distributing an an-
32 abolic steroid or human growth hormone for other than a valid medical
33 purpose. Bodybuilding, muscle enhancement or increasing muscle bulk
34 or strength through the use of an anabolic steroid or human growth hor-
35 mone by a person who is in good health is not a valid medical purpose.
36 (29) (27) Referring a patient to a health care entity for services if the
37 licensee has a significant investment interest in the health care entity,
38 unless the licensee informs the patient in writing of such significant in-
39 vestment interest and that the patient may obtain such services elsewhere.
40 (28) Using a corporate or association name, corporate filing, letter-
41 head, publication, term, title, designation or document which states or
42 implies a competence, relationship, authority, certification, or qualifica-
43 tion to practice the healing arts or affiliation with any federal or state
1 agency or program that does not exist.
2 (29) Failing to adequately supervise, direct, manage, or train persons,
3 who perform professional services under the licensee's supervision, direc-
4 tion or control.
5 (c) ``False advertisement'' means any advertisement which is false,
6 misleading or deceptive in a material respect. In determining whether
7 any advertisement is misleading, there shall be taken into account not
8 only representations made or suggested by statement, word, design, de-
9 vice, sound or any combination thereof, but also the extent to which the
10 advertisement fails to reveal facts material in the light of such represen-
11 tations made.
12 (d) ``Advertisement'' means all representations disseminated in any
13 manner or by any means, for the purpose of inducing, or which are likely
14 to induce, directly or indirectly, the purchase of professional services.
15 (e) ``Licensee'' for purposes of this section and K.S.A. 65-2836, and
16 amendments thereto,
shall mean means all persons issued or applying for
17 a license, permit or special permit pursuant to article 28 of chapter 65 of
18 the Kansas Statutes Annotated.
19 (f) ``License'' for purposes of this section and K.S.A. 65-2836, and
20 amendments thereto, shall mean means any license, permit or special
21 permit granted under article 28 of chapter 65 of the Kansas Statutes
23 (g) ``Health care entity'' means any corporation, firm, partnership or
24 other business entity which provides services for diagnosis or treatment
25 of human health conditions and which is owned separately from a refer-
26 ring licensee's principle practice.
27 (h) ``Significant investment interest'' means ownership of at least 10%
28 of the value of the firm, partnership or other business entity which owns
29 or leases the health care entity, or ownership of at least 10% of the shares
30 of stock of the corporation which owns or leases the health care entity.
31 Sec. 3. K.S.A. 65-2839a is hereby amended to read as follows: 65-
32 2839a. (a) In connection with any investigation by the board, the board
33 or its duly authorized agents or employees shall at all reasonable times
34 have access to, for the purpose of examination, and the right to copy any
35 document, report, record or other physical evidence of any person being
36 investigated, or any document, report, record or other evidence main-
37 tained by and in possession of any clinic, office of a practitioner of the
38 healing arts, laboratory, pharmacy, medical care facility or other public
39 or private agency or office if such document, report, record or evidence
40 relates to medical professional competence, unprofessional conduct, au-
41 thority to engage in the practice of the healing arts, or the mental or
42 physical ability of a licensee person to safely to practice the healing arts
43 any profession for which an individual is licensed or registered by the
2 (b) For the purpose of all investigations and proceedings conducted
3 by the board:
4 (1) The board may issue subpoenas compelling the attendance and
5 sworn testimony of witnesses or the production for examination or cop-
6 ying of documents or any other physical evidence if such evidence relates
medical professional competence, unprofessional conduct, authority to
8 engage in practice, or the mental or physical ability of a licensee person
9 to safely to practice the healing arts any profession for which an individual
10 is licensed or registered by the board. Within five days after the service
11 of the subpoena on any person requiring the production of any evidence
12 in the person's possession or under the person's control or compelling the
13 attendance and sworn testimony of any person, such person may petition
14 the board to revoke, limit or modify the subpoena for a protective order.
15 The board shall revoke, limit or modify may issue a protective order re-
16 voking, limiting or modifying such subpoena if in its opinion the evidence
17 required does not relate to practices which may be grounds for discipli-
18 nary action is not within the authority of the board as provided by this
19 section, is not relevant to the charge which is the subject matter of the
20 proceeding or investigation, or does not describe with sufficient partic-
21 ularity the physical evidence which is required to be produced. Any mem-
22 ber of the board, or any agent designated by the board, may administer
23 oaths or affirmations, examine witnesses and receive such evidence.
24 (2) Any person appearing before the board shall have the right to be
25 represented by counsel.
26 (3) The district court, upon application by the board or by the person
27 subpoenaed, shall have jurisdiction to issue an order:
28 (A) Requiring such person to appear before the board or the boards
29 duly authorized agent to produce evidence relating to the matter under
30 investigation; or
31 (B) revoking, limiting or modifying the subpoena if in the court's
32 opinion the evidence demanded does not relate to practices which may
33 be grounds for disciplinary action, is not relevant to the charge which is
34 the subject matter of the hearing or investigation or does not describe
35 with sufficient particularity the evidence which is required to be pro-
37 (3) A subpoena pursuant to this section to compel the testimony of
38 any person not licensed, registered or seeking to be licensed or registered
39 shall be accompanied by witness and mileage fees as established by sub-
40 section (a)(1) of K.S.A. 28-125 and amendments thereto.
41 (4) The board may use emergency proceedings in accordance with
42 the Kansas administrative procedure act when a person licensed or reg-
43 istered by the board fails to comply with a subpoena or protective order
1 issued under this section.
2 (c) The board may receive from the Kansas bureau of investigation
3 or other criminal justice agencies such criminal history record information
4 (including arrest and nonconviction data), criminal intelligence informa-
5 tion and information relating to criminal and background investigations
6 as necessary for the purpose of determining initial and continuing qual-
7 ifications of licensees and registrants of and applicants for licensure and
8 registration by the board. Disclosure or use of any such information re-
9 ceived by the board or of any record containing such information, for any
10 purpose other than that provided by this subsection is a class A misde-
11 meanor and shall constitute grounds for removal from office, termination
12 of employment or denial, revocation or suspension of any license or reg-
13 istration issued under this act. Nothing in this subsection shall be con-
14 strued to make unlawful the lawful disclosure of any such information by
15 the board in the course of or at a hearing held pursuant to this act.
16 (d) Patient records, including clinical records, medical reports, lab-
17 oratory statements and reports, files, films, other reports or oral state-
18 ments relating to diagnostic findings or treatment of patients, information
19 from which a patient or a patient's family might be identified, peer review
20 or risk management records or information received and all other records
21 kept by the board as a result of the investigation procedure outlined in
22 this section shall be confidential and privileged and shall not be disclosed
23 and shall not be subject to discovery, subpoena, or other means of legal
24 compulsion for their release to any person or entity, and shall not be
25 admissible in any civil or administrative action other than a proceeding
26 by the board.
27 (e) Nothing in this section or any other provision of law making com-
28 munications between a physician and the physician's patient a privileged
29 communication shall apply to investigations or proceedings conducted
30 pursuant to this section. The board and its employees, agents and rep-
31 resentatives shall keep in confidence the names of any patients whose
32 records are reviewed during the course of investigations and proceedings
33 pursuant to this section.
34 Sec. 4. K.S.A. 65-2840a is hereby amended to read as follows: 65-
35 2840a. The state board of healing arts shall appoint a disciplinary counsel
36 who shall not otherwise be an attorney for the board, with the duties set
37 out in this act. The disciplinary counsel shall be an attorney admitted to
38 practice law in the state of Kansas. The disciplinary counsel shall have
39 the power and the duty to investigate or cause to be investigated all mat-
40 ters involving professional incompetency, unprofessional conduct or any
41 other matter which may result in disciplinary action against a licensee
42 pursuant to K.S.A. 65-2836 through 65-2844, and amendments thereto
43 any person who is licensed or registered by the board or is seeking a
1 license or registration from the board and to appear on behalf of the board
2 in any disciplinary proceedings. In the performance of these duties, the
3 disciplinary counsel may apply to any court having power to issue sub-
4 poenas for an order to require by subpoena the attendance of any person
5 or by subpoena duces tecum the production of any records for the purpose
6 of the production of any information pertinent to an investigation.
7 to approval by the state board of healing arts, the disciplinary counsel
8 shall employ clerical and other staff necessary to carry out the duties of
9 the disciplinary counsel. The state board of healing arts may adopt rules
10 and regulations necessary to allow the disciplinary counsel to properly
11 perform the functions of such position under this act.
12 Sec. 5. K.S.A. 65-2842 is hereby amended to read as follows: 65-
13 2842. Whenever the board directs, pursuant to subsection (i) of K.S.A.
14 65-2836 and amendments thereto, that a licensee submit to a mental or
15 physical examination or drug screen, or any combination thereof, the time
16 from the date of the board's directive until the submission to the board
17 of the report of the examination or drug screen, or both, shall not be
18 included in the computation of the time limit for hearing prescribed by
19 the Kansas administrative procedure act. (a) Every person licensed to
20 practice the healing arts, by so practicing or by filing an application for
21 an original, renewal or reinstated license shall be deemed to have con-
22 sented to submit to a mental or physical examination or drug screen, or
23 any combination thereof, when ordered by the board pursuant to this
24 section upon a finding of reasonable suspicion that such person has the
25 inability to practice the healing arts with reasonable skill and safety to
26 patients by reason of physical or mental illness or condition, or use of
27 alcohol or drugs or any other chemicals or substances, and further to have
28 waived all claims to any privilege or objections to the admissibility of the
29 testimony, drug screen or examination report of the person conducting
30 such examination or drug screen at any proceeding or hearing before the
32 (b) The board may order a person to submit to a mental or physical
33 examination or drug screen, or any combination thereof, only after giving
34 such person notice and an opportunity for hearing under the provisions
35 of the Kansas administrative procedure act. A proceeding for examination
36 or drug screen may be commenced as part of an investigation by the
37 board, during discovery in an administrative proceeding, or in response
38 to an application for an original renewal or reinstated license. This section
39 shall not be construed to prohibit the board from taking such emergency
40 action as necessary to suspend or temporarily limit a license pursuant to
41 K.S.A. 65-2838 and amendments thereto.
42 (c) The board shall hold any hearing under this section in closed ses-
43 sion, except that the board shall cause the proceeding to be recorded.
1 (d) All orders, reports, records, memoranda, pleadings, exhibits and
2 transcripts of proceedings related to an application for an order under
3 this section shall be privileged and confidential, and shall not be subject
4 to discovery, subpoena or other means of legal compulsion for their release
5 to any person or entity and shall not be admissible in any civil or admin-
6 istrative action other than a disciplinary proceeding by the board, except
7 that such information may be disclosed in the same manner authorized
8 by K.S.A. 65-2898a and amendments thereto.
9 Sec. 6. K.S.A. 65-2873 is hereby amended to read as follows: 65-
10 2873. (a) Each applicant for a license
by examination to practice any
11 branch of the healing arts in this state shall:
12 (1) Present to the board evidence of proficiency in the basic sciences
13 issued by the national board of medical examiners, the national board of
14 examiners of osteopathic physicians and surgeons medical examiners or
15 the national board of chiropractic examiners or such other examining
16 body as may be approved by the board or in lieu thereof pass such ex-
17 amination as the board may require in the basic science subjects;
18 (2) present proof that the applicant is a graduate of an accredited
19 healing arts school or college; and
20 (3) pass an examination prescribed and conducted by the board cov-
21 ering the subjects incident to the practice of the branch of healing art for
22 which the applicant applies.
23 (b) Any person seeking a license to practice medicine and surgery
24 shall present proof that such person has completed acceptable postgrad-
25 uate study as may be required by the board by regulations.
26 (c) The board may authorize an applicant who does not meet the
27 requirements of paragraph (2) of subsection (a) to take the examination
28 for licensure if the applicant:
29 (1) Has completed three two years of postgraduate training as ap-
30 proved by the board;
31 (2) is a graduate of a school which has been in operation for not less
32 than 15 years and the graduates of which have been licensed in another
33 state or states which has standards similar to Kansas; and
34 (3) meets all other requirements for taking the examination for licen-
35 sure of the Kansas healing arts act and rules and regulations adopted by
36 the board.
37 (d) In addition to the examination required under paragraph (3) of
38 subsection (a), if the applicant is a foreign medical graduate the applicant
39 shall pass an examination given by the educational commission for foreign
40 medical graduates.
41 (e) (d) No person licensed to practice and actively engaged in the
42 practice of the healing arts shall attach to such person's name any title,
43 or any word or abbreviation indicating that such person is a doctor of any
1 branch of the healing arts other than the branch of the healing arts in
2 which such person holds a license but shall attach to such person's name
3 the degree or degrees to which such person is entitled by reason of such
4 person's diploma.
5 Sec. 7. K.S.A. 65-2839a, 65-2840a, 65-2842, 65-2851a and 65-2873
6 and K.S.A. 1996 Supp. 65-2836 and 65-2837 are hereby repealed.
7 Sec. 8. This act shall take effect and be in force from and after its
8 publication in the Kansas register.