KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

65-2836. Revocation, suspension, limitation or denial of licenses; censure of licensee; grounds; consent to submit to mental or physical examination or drug screen, or any combination thereof, implied. A licensee's license may be revoked, suspended or limited, or the licensee may be publicly censured or placed under probationary conditions, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:

(a) The licensee has committed fraud or misrepresentation in applying for or securing an original, renewal or reinstated license.

(b) The licensee has committed an act of unprofessional or dishonorable conduct or professional incompetency, except that the board may take appropriate disciplinary action or enter into a non-disciplinary resolution when a licensee has engaged in any conduct or professional practice on a single occasion that, if continued, would reasonably be expected to constitute an inability to practice the healing arts with reasonable skill and safety to patients or unprofessional conduct as defined in K.S.A. 65-2837, and amendments thereto.

(c) The licensee has been convicted of a felony or class A misdemeanor, or substantially similar offense in another jurisdiction, whether or not related to the practice of the healing arts, or the licensee has been convicted in a special or general court-martial, whether or not related to the practice of the healing arts. The board shall revoke a licensee's license following conviction of a felony or substantially similar offense in another jurisdiction, or following conviction in a general court-martial occurring after July 1, 2000, unless a 2/3 majority of the board members present and voting determine by clear and convincing evidence that such licensee will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust. In the case of a person who has been convicted of a felony or convicted in a general court-martial and who applies for an original license or to reinstate a canceled license, the application for a license shall be denied unless a 2/3 majority of the board members present and voting on such application determine by clear and convincing evidence that such person will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust.

(d) The licensee has used fraudulent or false advertisements.

(e) The licensee is addicted to or has distributed intoxicating liquors or drugs for any other than lawful purposes.

(f) The licensee has willfully or repeatedly violated this act, the pharmacy act of the state of Kansas or the uniform controlled substances act, or any rules and regulations adopted pursuant thereto, or any rules and regulations of the secretary of health and environment that are relevant to the practice of the healing arts.

(g) The licensee has unlawfully invaded the field of practice of any branch of the healing arts in which the licensee is not licensed to practice.

(h) The licensee has engaged in the practice of the healing arts under a false or assumed name, or the impersonation of another practitioner. The provisions of this subsection relating to an assumed name shall not apply to licensees practicing under a professional corporation, under a business entity that holds a certificate of authorization pursuant to K.S.A. 2022 Supp. 65-28,134, and amendments thereto, or under any other legal entity duly authorized to provide such professional services in the state of Kansas.

(i) The licensee's ability to practice the healing arts with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding.

(j) The licensee has had a license to practice the healing arts revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia, or other country.

(k) The licensee has violated any lawful rule and regulation promulgated by the board or violated any lawful order or directive of the board previously entered by the board.

(l) The licensee has failed to report or reveal the knowledge required to be reported or revealed under K.S.A. 65-28,122, and amendments thereto.

(m) The licensee, if licensed to practice medicine and surgery, has failed to inform in writing 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 recognized by licensees of the same profession in the same or similar communities as being acceptable under like conditions and circumstances.

(n) The licensee has cheated on or attempted to subvert the validity of the examination for a license.

(o) The licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction.

(p) The licensee has prescribed, sold, administered, distributed or given a controlled substance to any person for other than medically accepted or lawful purposes.

(q) The licensee has violated a federal law or regulation relating to controlled substances.

(r) The licensee has failed to furnish the board, or its investigators or representatives, any information legally requested by the board.

(s) Sanctions or disciplinary actions have been taken against the licensee by a peer review committee, healthcare facility, a governmental agency or department or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(t) The licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a healthcare facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(u) The licensee has surrendered a license or authorization to practice the healing arts in another state or jurisdiction, has surrendered the authority to utilize controlled substances issued by any state or federal agency, has agreed to a limitation to or restriction of privileges at any medical care facility or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(v) The licensee has failed to report to the board surrender of the licensee's license or authorization to practice the healing arts in another state or jurisdiction or surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(w) The licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(x) The licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.

(y) The licensee has failed to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or 40-3403a, and amendments thereto.

(z) The licensee has failed to pay the premium surcharges as required by K.S.A. 40-3404, and amendments thereto.

(aa) The licensee has knowingly submitted any misleading, deceptive, untrue or fraudulent representation on a claim form, bill or statement.

(bb) The licensee as the supervising physician for a physician assistant has failed to adequately direct and supervise the physician assistant in accordance with the physician assistant licensure act or rules and regulations adopted under such act.

(cc) The licensee has assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2022 Supp. 21-5407, and amendments thereto, as established by any of the following:

(1) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2022 Supp. 21-5407, and amendments thereto.

(2) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.

(3) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.

(dd) The licensee has given a worthless check or stopped payment on a debit or credit card for fees or moneys legally due to the board.

(ee) The licensee has knowingly or negligently abandoned medical records.

History: L. 1957, ch. 343, § 36; L. 1969, ch. 299, § 10; L. 1972, ch. 231, § 8; L. 1976, ch. 273, § 14; L. 1976, ch. 275, § 1; L. 1979, ch. 198, § 3; L. 1983, ch. 214, § 1; L. 1983, ch. 213, § 7; L. 1984, ch. 236, § 1; L. 1986, ch. 234, § 5; L. 1986, ch. 229, § 41; L. 1986, ch. 239, § 2; L. 1987, ch. 176, § 5; L. 1987, ch. 239, § 3; L. 1987, ch. 242, § 3; L. 1989, ch. 196, § 1; L. 1991, ch. 192, § 2; L. 1995, ch. 251, § 36; L. 1998, ch. 142, § 12; L. 2000, ch. 141, § 5; L. 2001, ch. 31, § 2; L. 2008, ch. 154, § 6; L. 2011, ch. 30, § 241; L. 2014, ch. 131, § 10; L. 2015, ch. 46, § 5; L. 2019, ch. 52, § 4; March 1, 2020.

Law Review and Bar Journal References:

"The New Malpractice Act: Peer Review," James P. Buchele, 87, No. 9, Kan.Med. 233, 234, 235 (1986).

"New Law Allows Exempt License," Wayne T. Stratton, 88, No. 7, Kan.Med. 232 (1987).

"Malpractice '87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9, Kan.Med. 261, 263, 264 (1987).

"Expungement: Lies That Can Hurt You in and out of Court," Steven K. O'Hern, 27 W.L.J. 574, 578, 586, 589, 598 (1988).

"Regulation of Medicine: The 57 Commandments," Wayne T. Stratton, 90, No. 5, Kan.Med. 128 (1989).

"The Physician-Patient Relationship: Rights and Obligations," M. Martin Halley, 69 J.K.M.S. 255, 256, 257 (1968).

"Abortion," M. Martin Halley, 69 J.K.M.S. 530, 531, 533 (1968).

"Legislative Review of Examining and Licensing Functions of State Boards and Commissions,'' Stanley D. Elofson, 7 W.L.J. 307, 312 (1968).

"The Locality Doctrine and the Standard of Care of a Physician," Bruce W. Kent, 8 W.L.J. 339, 340 (1969).

"Recent Legislation: The Kansas Approach to Medical Malpractice," Nancy Neal Scherer and Robert P. Scherer, 16 W.L.J. 395, 408 (1977).

Judicial review of administrative decisions, 17 W.L.J. 312, 321, 323 (1978).

"Professional Medical Advertising," Howard N. Ward, M.D., J.D., 80 J.K.M.S. 436, 442 (July 1979).

"Recent Developments in Kansas Bioethics Law: The Kansas Prevention of Assisted Suicide Act," Kevin J. Breer and Cherie Leigh Durst, 38 W.L.J. 557 (1999).

Attorney General's Opinions:

Persons deemed engaged in practice of chiropractic. 89-91.

Manual manipulation utilized in chiropractic not within scope of practice of medicine and surgery. 96-12.

Authority of legislature to transfer money from special revenue funds into state general fund. 2002-45.

The 2008 amendment to the healing arts statutes establishing a new basis for disciplinary action for a single occasion of substandard patient care operates prospectively. 2010-13.

CASE ANNOTATIONS

1. Declaratory judgment action; validity of act; petition sufficient; plaintiffs entitled to sue for others. State Association of Chiropractors v. Anderson, 186 K. 130, 131, 132, 133, 134, 135, 137, 138, 139, 348 P.2d 1042.

2. Healing arts act held constitutional. Sutherland v. Ferguson, 194 K. 35, 37, 38, 397 P.2d 335.

3. Findings of board supported by substantial evidence; district court may not substitute its judgment for that of the board; revocation of license upheld. Kansas State Board of Healing Arts v. Foote, 200 K. 447, 449, 451, 452, 436 P.2d 828.

4. Intentionally making excessive and unwarranted charges for services is reason for revoking license of healing arts practitioner. Kansas State Board of Healing Arts v. Seasholtz, 210 K. 694, 695, 696, 697, 698, 504 P.2d 576 (1972).

5. Cited in upholding revocation of psychologist's certificate for "wrongful actions." Morra v. State Board of Examiners of Psychologists, 212 K. 103, 112, 510 P.2d 614.

6. Mentioned in determining order suspending license of professional nurse not unprofessional conduct; order unreasonable. Kansas State Board of Nursing v. Burkman, 216 K. 187, 192, 531 P.2d 122.

7. Subsections (b), (d), (e) and (f) construed in declaratory and injunctive relief action by chiropractors seeking to advertise; subsection (e) held unconstitutional so far as it prohibits truthful advertising. Bolton v. Kansas State Bd. of Healing Arts, 473 F.Supp. 728, 730, 731, 732, 734, 736.

8. Terms "immoral" or "dishonorable" conduct not unconstitutionally vague and indefinite; board's decision supported by evidence. Kansas State Board of Healing Arts v. Acker, 228 K. 145, 149, 152, 154, 612 P.2d 610.

9. Chiropractor who intravenously administered laetrile violated healing arts act; license revocation upheld. Kansas State Board of Healing Arts v. Burwell, 5 K.A.2d 357, 359, 616 P.2d 1084.

10. Authority of board to regulate the practice of medicine, review of board's decisions examined. Vakas v. Kansas Bd. of Healing Arts, 248 K. 589, 592, 808 P.2d 1355 (1991).

11. Whether Kansas board of healing arts is authorized to order mental examination of respondent only after formal administrative proceedings commenced examined. Corder v. Kansas Board of Healing Arts, 256 K. 638, 648, 889 P.2d 1127 (1994).

12. Appellant acquiesced in judgment by voluntarily paying administrative fine. Huet-Vaughn v. Board of Healing Arts, 267 K. 144, 145, 978 P.2d 896 (1999).

13. Section not an unconstitutional delegation of legislative powers. Hart v. Kansas Board of Healing Arts, 27 K.A.2d 213, 2 P.3d 797 (2000).

14. The board of healing arts is authorized to take disciplinary action against a physician who is dually or mutually licensed in another state. Ryser v. State, 295 K. 452, 284 P.3d 337 (2012).

In review of board order imposing sanctions on licensee based on sanctions imposed by another state, district court erred in finding the board is limited to actions that mirror the disciplinary measures taken by the other state. Sajadi v. Kan. Bd. of Healing Arts, 61 K.A.2d 114, 125, 500 P.3d 542 (2021).


 | Next


LEGISLATIVE COORDINATING COUNCIL
12/30/2022 Meeting Notice  Agenda
11/16/2022 Meeting Notice Agenda
9/23/2022 Meeting Notice Agenda
6/16/2022 Meeting Notice Agenda
2/23/2022 Meeting Notice Agenda
1/7/2022 Meeting Notice Agenda

LCC Policies

COMMISSION ON INTERSTATE COOPERATION
6/29/2022 Meeting Notice Agenda

REVISOR OF STATUTES
2021 Interim Assignments
2022 Valid Section Numbers
Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act
Gannon v. State
Information for Special Session 2021
General Information, Legal Analysis & Research
2022 Amended & Repealed Statutes
2021 Amended & Repealed Statutes
2020 Amended & repealed Statutes
2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

 OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department