As Amended by Senate Committee
Session of 1998
SENATE BILL No. 548
By Committee on Public Health and Welfare
1-29
10
AN ACT concerning the Kansas healing arts act;
disciplinary counsel;
11 amending K.S.A.
65-2840a and repealing the existing section.
12
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.
2
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.
5