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 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.
12    65-2851a.
13
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 or, lim-
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
SB 248
                                     

 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
SB 248
                                     

 1  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.
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 1    (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
SB 248
                                     

 1  judgment, settlement or award against the licensee resulting from a med-
 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
28  arts.
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-
38  tives.
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
SB 248
                                     

 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
 5  information.
 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
15  cause.
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
18  thereto.
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-
23  lic.
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
SB 248
                                     

 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-
19  stances.
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
SB 248
                                     

 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
22  Annotated.
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
SB 248
                                     

 1  board.
 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
 7  to 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-
36  duced.
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
SB 248
                                     

 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
SB 248
                                     

 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. Subject
 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
31  board.
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.
SB 248
                                     

 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
SB 248
                                     

 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.