As Amended by Senate Committee
Session of 1999
SENATE BILL No. 194
By Committee on Public Health and Welfare
10 AN ACT concerning the healing arts; actions against licensees; amending
11 K.S.A. 65-2842 and K.S.A. 1998 Supp. 65-2836 and repealing the ex-
12 isting sections.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1998 Supp. 65-2836 is hereby amended to read as
16 follows: 65-2836. A licensee's license may be revoked, suspended or lim-
17 ited, or the licensee may be publicly or privately censured, or an appli-
18 cation for a license or for reinstatement of a license may be denied upon
19 a finding of the existence of any of the following grounds:
20 (a) The licensee has committed fraud or misrepresentation in apply-
21 ing for or securing an original, renewal or reinstated license.
22 (b) The licensee has committed an act of unprofessional or dishon-
23 orable conduct or professional incompetency.
24 (c) The licensee has been convicted of a felony or class A misde-
25 meanor, whether or not related to the practice of the healing arts.
26 (d) The licensee has used fraudulent or false advertisements.
27 (e) The licensee is addicted to or has distributed intoxicating liquors
28 or drugs for any other than lawful purposes.
29 (f) The licensee has willfully or repeatedly violated this act, the phar-
30 macy act of the state of Kansas or the uniform controlled substances act,
31 or any rules and regulations adopted pursuant thereto, or any rules and
32 regulations of the secretary of health and environment which are relevant
33 to the practice of the healing arts.
34 (g) The licensee has unlawfully invaded the field of practice of any
35 branch of the healing arts in which the licensee is not licensed to practice.
36 (h) The licensee has engaged in the practice of the healing arts under
37 a false or assumed name, or the impersonation of another practitioner.
38 The provisions of this subsection relating to an assumed name shall not
39 apply to licensees practicing under a professional corporation or other
40 legal entity duly authorized to provide such professional services in the
41 state of Kansas.
42 (i) The licensee has the inability to practice
the branch of the healing
for which the licensee is licensed with reasonable skill and safety to
44 patients by reason of physical or mental illness or condition,
excessive or use of alcohol, drugs, or controlled substances , chemical or
any other type of material or as a result of any mental or physical con-
dition. In determining whether or not such inability exists, the board,
upon reasonable suspicion of such inability, shall have authority to compel
a licensee to submit to mental or physical examination or drug screen, or
any combination thereof, by such persons as the board may designate. To
determine whether reasonable suspicion of such inability exists, the in-
vestigative information shall be presented to the board as a whole, to a
review committee of professional peers of the licensee established pur-
suant to K.S.A. 65-2840c and amendments thereto or to a committee
consisting of the officers of the board elected pursuant to K.S.A. 65-2818
and amendments thereto and the executive director appointed pursuant
to K.S.A. 65-2878 and amendments thereto, and the determination shall
be made by a majority vote of the entity which reviewed the investigative
information. Information submitted to the board as a whole or a review
committee of peers or a committee of the officers and executive director
of the board and all reports, findings and other records shall be confi-
dential and not subject to discovery by or release to any person or entity.
The licensee shall submit to the board a release of information authorizing
the board to obtain a report of such examination or drug screen, or both.
A person affected by this subsection shall be offered, at reasonable in-
tervals, an opportunity to demonstrate that such person can resume the
competent practice of the healing arts with reasonable skill and safety to
patients. For the purpose of this subsection, every person licensed to
practice the healing arts and who shall accept the privilege to practice
the healing arts in this state by so practicing or by the making and filing
of an annual renewal to practice the healing arts in this state shall be
deemed to have consented to submit to a mental or physical examination
or a drug screen, or any combination thereof, when directed in writing
by the board and further to have waived all objections to the admissibility
of the testimony, drug screen or examination report of the person con-
ducting such examination or drug screen, or both, at any proceeding or
hearing before the board on the ground that such testimony or exami-
nation or drug screen report constitutes a privileged communication. In
any proceeding by the board pursuant to the provisions of this subsection,
the record of such board proceedings involving the mental and physical
examination or drug screen, or any combination thereof, shall not be used
in any other administrative or judicial proceeding.
83 (j) The licensee has had a license to practice the healing arts revoked,
84 suspended or limited, has been censured or has had other disciplinary
85 action taken, or an application for a license denied, by the proper licensing
86 authority of another state, territory, District of Columbia, or other coun-
87 try, a certified copy of the record of the action of the other jurisdiction
88 being conclusive evidence thereof.
89 (k) The licensee has violated any lawful rule and regulation promul-
90 gated by the board or violated any lawful order or directive of the board
91 previously entered by the board.
92 (l) The licensee has failed to report or reveal the knowledge required
93 to be reported or revealed under K.S.A. 65-28,122 and amendments
(m) The licensee, if licensed to practice medicine and surgery, has
failed to inform a patient suffering from any form of abnormality of the
breast tissue for which surgery is a recommended form of treatment, of
alternative methods of treatment specified in the standardized summary
supplied by the board. The standardized summary shall be given to each
patient specified herein as soon as practicable and medically indicated
following diagnosis, and this shall constitute compliance with the require-
ments of this subsection. The board shall develop and distribute to per-
sons licensed to practice medicine and surgery a standardized summary
of the alternative methods of treatment known to the board at the time
of distribution of the standardized summary, including surgical, radiolog-
ical or chemotherapeutic treatments or combinations of treatments and
the risks associated with each of these methods. Nothing in this subsection
shall be construed or operate to empower or authorize the board to re-
strict in any manner the right of a person licensed to practice medicine
and surgery to recommend a method of treatment or to restrict in any
manner a patient's right to select a method of treatment. The standard-
ized summary shall not be construed as a recommendation by the board
of any method of treatment. The preceding sentence or words having the
same meaning shall be printed as a part of the standardized summary.
The provisions of this subsection shall not be effective until the stan-
dardized written summary provided for in this subsection is developed
and printed and made available by the board to persons licensed by the
board to practice medicine and surgery recognized by licensees of the
same profession in the same or similar communities as being acceptable
under like conditions and circumstances.
(n) (m) The licensee has cheated on or attempted to subvert the
122 validity of the examination for a license.
(o) (n) The licensee has been found to be mentally ill, disabled, not
124 guilty by reason of insanity, not guilty because the licensee suffers from
125 a mental disease or defect or incompetent to stand trial by a court of
126 competent jurisdiction.
(p) (o) The licensee has prescribed, sold, administered, distributed
128 or given a controlled substance to any person for other than medically
129 accepted or lawful purposes.
(q) (p) The licensee has violated a federal law or regulation relating
131 to controlled substances.
(r) (q) The licensee has failed to furnish the board, or its investigators
133 or representatives, any information legally requested by the board.
(s) (r) Sanctions or disciplinary actions have been taken against the
135 licensee by a peer review committee, health care facility, a governmental
136 agency or department or a professional association or society for acts or
137 conduct similar to acts or conduct which would constitute grounds for
138 disciplinary action under this section.
(t) (s) The licensee has failed to report to the board any adverse
140 action taken against the licensee by another state or licensing jurisdiction,
141 a peer review body, a health care facility, a professional association or
142 society, a governmental agency, by a law enforcement agency or a court
143 for acts or conduct similar to acts or conduct which would constitute
144 grounds for disciplinary action under this section.
(u) (t) The licensee has surrendered a license or authorization to
146 practice the healing arts in another state or jurisdiction, has surrendered
147 the authority to utilize controlled substances issued by any state or federal
148 agency, has agreed to a limitation to or restriction of privileges at any
149 medical care facility or has surrendered the licensee's membership on any
150 professional staff or in any professional association or society while under
151 investigation for acts or conduct similar to acts or conduct which would
152 constitute grounds for disciplinary action under this section.
(v) (u) The licensee has failed to report to the board surrender of
154 the licensee's license or authorization to practice the healing arts in an-
155 other state or jurisdiction or surrender of the licensee's membership on
156 any professional staff or in any professional association or society while
157 under investigation for acts or conduct similar to acts or conduct which
158 would constitute grounds for disciplinary action under this section.
(w) (v) The licensee has an adverse judgment, award or settlement
160 against the licensee resulting from a medical liability claim related to acts
161 or conduct similar to acts or conduct which would constitute grounds for
162 disciplinary action under this section.
(x) (w) The licensee has failed to report to the board any adverse
164 judgment, settlement or award against the licensee resulting from a med-
165 ical malpractice liability claim related to acts or conduct similar to acts or
166 conduct which would constitute grounds for disciplinary action under this
(y) (x) The licensee has failed to maintain a policy of professional
169 liability insurance as required by K.S.A. 40-3402 or 40-3403a and amend-
170 ments thereto.
(z) (y) The licensee has failed to pay the annual premium surcharge
172 surcharges as required by K.S.A. 40-3404 and amendments thereto.
(aa) (z) The licensee has knowingly submitted any misleading, de-
174 ceptive, untrue or fraudulent representation on a claim form, bill or
(bb) (aa) The licensee as the responsible physician for a physician's
177 assistant has failed to adequately direct and supervise the physician's as-
178 sistant in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and
179 amendments thereto, or rules and regulations adopted under such
(cc) (bb) The licensee has assisted suicide in violation of K.S.A. 21-
182 3406 as established by any of the following:
183 (A) A copy of the record of criminal conviction or plea of guilty for a
184 felony in violation of K.S.A. 21-3406 and amendments thereto.
185 (B) A copy of the record of a judgment of contempt of court for
186 violating an injunction issued under K.S.A. 1998 Supp. 60-4404 and
187 amendments thereto.
188 (C) A copy of the record of a judgment assessing damages under
189 K.S.A. 1998 Supp. 60-4405 and amendments thereto.
190 Sec. 2. K.S.A. 65-2842 is hereby amended to read as follows: 65-
Whenever the board directs, pursuant to subsection (i) of K.S.A.
65-2836 and amendments thereto, that a licensee submit to a mental or
physical examination or drug screen, or any combination thereof, the time
from the date of the board's directive until the submission to the board
of the report of the examination or drug screen, or both, shall not be
included in the computation of the time limit for hearing prescribed by
the Kansas administrative procedure act. (a) Every person licensed to
198 practice the healing arts, by so practicing or by filing an application for
199 an original, renewal or reinstated license shall be deemed to have con-
200 sented to submit to a mental or physical examination or drug screen, or
201 any combination thereof, and to have waived all objections to the admis-
202 sibility of any testimony or report regarding the examination or drug
203 screen at any proceeding or hearing before the board.
204 (b) The board may order a person who has consented to a mental or
205 physical examination or drug screen to submit to such an examination or
206 screen if the board finds, after giving notice and an opportunity for hear-
207 ing under the provisions of the Kansas administrative procedure act, rea-
208 sonable suspicion that such person has the inability to practice the healing
209 arts with reasonable skill and safety because of physical or mental illness
210 or condition, or use of alcohol, drugs, or controlled substances; or if the
211 person has agreed to submit to such examination or drug screen as part
212 of an impaired provider contract, at any time and without notice and an
213 opportunity for hearing.
214 (c) A proceeding for examination or drug screen may be commenced
215 as part of an investigation by the board, during discovery in an admin-
216 istrative proceeding, or in response to an application for an original, re-
217 newal or reinstated license.
218 (d) The board shall hold any hearing under this section in closed
219 session, except that the board shall cause the proceeding to be recorded.
220 All orders, reports, records, memoranda, pleadings, exhibits and tran-
221 scripts of proceedings related to an order under this section shall be priv-
222 ileged and confidential and shall not be subject to discovery, subpoena,
223 or other means of legal compulsion for their release to any person or entity
224 and shall not be admissible in any civil or administrative action other
225 than a disciplinary proceeding by the board, except that such information
226 may be disclosed in the same manner authorized by K.S.A. 65-2898a and
227 amendments thereto.
228 Sec. 3. K.S.A. 65-2842 and K.S.A. 1998 Supp. 65-2836 are hereby
230 Sec. 4. This act shall take effect and be in force from and after its
231 publication in the Kansas register.