Session of 1998
By Committee on Health and Human Services
            9             AN ACT concerning the Kansas healing arts act; investigations and pro-
10             ceedings conducted by the board; amending K.S.A. 65-2839a and re-
11             pealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 65-2839a is hereby amended to read as follows: 65-
15       2839a. (a) In connection with any investigation by the board, the board
16       or its duly authorized agents or employees shall at all reasonable times
17       have access to, for the purpose of examination, and the right to copy any
18       document, report, record or other physical evidence of any person being
19       investigated, or any document, report, record or other evidence main-
20       tained by and in possession of any clinic, office of a practitioner of the
21       healing arts, laboratory, pharmacy, medical care facility or other public
22       or private agency or office if such document, report, record or evidence
23       relates to ;>=dical professional competence, unprofessional conduct, au-
24       thority to engage in the practice of the healing arts or the mental or
25       physical ability of a licensee safely person to practice ;(tri-stars)e healing arts safely
26       any profession for which an individual is licensed or registered by the
27       board.
28           (b) For the purpose of all investigations and proceedings conducted
29       by the board:
30           (1) The board may issue subpoenas compelling the attendance and
31       sworn testimony of witnesses or the production for examination or cop-
32       ying of documents or any other physical evidence if such evidence relates
33       to ;>=dical professional competence, unprofessional conduct, authority to
34       engage in practice or the mental or physical ability of a licensee safely
35       person to practice ;(tri-stars)e healing arts safely any profession for which an
36       individual is licensed or registered by the board. Within five days after
37       the service of the subpoena on any person requiring the production of
38       any evidence in the person's possession or under the person's control or
39       compelling the attendance and sworn testimony of any person, such per-
40       son may petition the board ;ø revoke, limit or modify the subpoena for a
41       protective order. The board shall revoke, limit or modify may issue a
42       protective order revoking, limiting or modifying such subpoena if in its
43       opinion the evidence required does not relate to practices which may be

HB 2670


  1       grounds for disciplinary action is not within the authority of the board as
  2       provided by this section, is not relevant to the charge which is the subject
  3       matter of the proceeding or investigation, or does not describe with suf-
  4       ficient particularity the physical evidence which is required to be pro-
  5       duced. Any member of the board, or any agent designated by the board,
  6       may administer oaths or affirmations, examine witnesses and receive such
  7       evidence.
  8           (2) Any person appearing before the board shall have the right to be
  9       represented by counsel.
10           (3) The district court, upon application by the board or by the person
11       subpoenaed, shall have jurisdiction to issue an order:
12           (A) Requiring such person to appear before the board or the boards
13       duly authorized agent to produce evidence relating to the matter under
14       investigation; or
15           (B) revoking, limiting or modifying the subpoena if in the court's
16       opinion the evidence demanded does not relate to practices which may
17       be grounds for disciplinary action, is not relevant to the charge which is
18       the subject matter of the hearing or investigation or does not describe
19       with sufficient particularity the evidence which is required to be pro-
20       duced.
21           (3) A subpoena pursuant to this section to compel the testimony of
22       any person not licensed, registered or seeking to be licensed or registered
23       shall be accompanied by witness and mileage fees as established by K.S.A.
24       28-125 and amendments thereto.
25           (c) The board may receive from the Kansas bureau of investigation
26       or other criminal justice agencies such criminal history record information
27       (including arrest and nonconviction data), criminal intelligence informa-
28       tion and information relating to criminal and background investigations
29       as necessary for the purpose of determining initial and continuing qual-
30       ifications of licensees and registrants of and applicants for licensure and
31       registration by the board. Disclosure or use of any such information re-
32       ceived by the board or of any record containing such information, for any
33       purpose other than that provided by this subsection is a class A misde-
34       meanor and shall constitute grounds for removal from office, termination
35       of employment or denial, revocation or suspension of any license or reg-
36       istration issued under this act. Nothing in this subsection shall be con-
37       strued to make unlawful the lawful disclosure of any such information by
38       the board in the course of or at a hearing held pursuant to this act.
39           (d) Patient records, including clinical records, medical reports, lab-
40       oratory statements and reports, files, films, other reports or oral state-
41       ments relating to diagnostic findings or treatment of patients, information
42       from which a patient or a patient's family might be identified, peer review
43       or risk management records or information received and all other records

HB 2670


  1       kept by the board as a result of the investigation procedure outlined in
  2       this section shall be confidential and privileged and shall not be disclosed
  3       and shall not be subject to discovery, subpoena or other means of legal
  4       compulsion for their release to any person or entity and shall not be
  5       admissible in any civil or administrative action other than a proceeding
  6       by the board.
  7           (e) Nothing in this section or any other provision of law making com-
  8       munications between a physician and the physician's patient a privileged
  9       communication shall apply to investigations or proceedings conducted
10       pursuant to this section. The board and its employees, agents and rep-
11       resentatives shall keep in confidence the names of any patients whose
12       records are reviewed during the course of investigations and proceedings
13       pursuant to this section.
14           Sec. 2. K.S.A. 65-2839a is hereby repealed.
15           Sec. 3. This act shall take effect and be in force from and after its
16       publication in the statute book.