As Amended by Senate Committee

          Session of 1998
By Committee on Public Health and Welfare
          10             AN ACT concerning the Kansas healing arts act; disciplinary counsel;
11             amending K.S.A. 65-2840a and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 65-2840a is hereby amended to read as follows: 65-
15       2840a. The   §ate board   of healing arts shall appoint a disciplinary counsel  ,
16       who shall not otherwise be an attorney for the board, with the duties set
17       out in this act and such other duties as may be specified by the board.
18       The disciplinary counsel shall be an attorney admitted to practice law in
19       the state of Kansas. The disciplinary counsel   shall have the power and
20       the duty to  , or the designee of the disciplinary counsel, may   investigate
21       or cause to be investigated   and appear on behalf of the board in   all   dis-
22       ciplinary   matters involving professional incompetency, unprofessional
23       conduct or any other matter which may result in disciplinary action against
24       a licensee pursuant to K.S.A. 65-2836 through 65-2844, and amendments
25       thereto. In the performance of these duties, the disciplinary counsel may
26       apply to any court having power to issue subpoenas for an order to require
27       by subpoena the attendance of any person or by subpoena   duces tecum  
28       the production of any records for the purpose of the production of any
29       information pertinent to an investigation. Subject to approval by the state
30       board of healing arts, the disciplinary counsel shall employ clerical and
31       other staff necessary to carry out the duties of the disciplinary counsel.
32       The state board of healing arts may adopt rules and regulations necessary
33       to allow the disciplinary counsel to properly perform the functions of such
34       position under this act   within the jurisdiction of the board and in any
35       administrative or judicial proceeding. may investigate and present for
36       the board matters within the jurisdiction of the board. As desig-
37       nated by the board, the disciplinary counsel may appear on behalf
38       of the board in administrative proceedings and in judicial proceed-
39       ings brought under the act for judicial review and civil enforcement
40       of agency actions. The board may employ or appoint other persons
41       to assist the disciplinary counsel in carrying out the duties of this
42       section. The disciplinary counsel and all persons employed or ap-
43       pointed to assist the disciplinary counsel shall be subject to all pro-

SB 548--Am.


  1       visions of the healing arts act.
  2           Sec. 2. K.S.A. 65-2840a is hereby repealed.
  3           Sec. 3. This act shall take effect and be in force from and after its
  4       publication in the   Kansas register statute book.