[As Further Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 527
By Committee on Judiciary
1-31
11 AN ACT
concerning healing arts; relating to licensure of persons con-
12 victed of a felony;
actions against licensees; temporary permits;
13 amending K.S.A. 1999
Supp. 65-2811
and[,] 65-2836
[and 65-2895]
14 and repealing the
existing section sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1999 Supp. 65-2836 is hereby amended to read as
18 follows: 65-2836. A licensee's license may
be revoked, suspended or lim-
19 ited, or the licensee may be publicly or
privately censured, or an appli-
20 cation for a license or for reinstatement
of a license may be denied upon
21 a finding of the existence of any of the
following grounds:
22 (a) The licensee
has committed fraud or misrepresentation in apply-
23 ing for or securing an original, renewal or
reinstated license.
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 felony or class A misde-
27 meanor, whether or not related to the
practice of the healing arts. The
28 board shall revoke a licensee's
license following conviction of a fel-
29 ony occurring after July 1, 2000,
unless a 2/3 majority of the board
30 members present and voting determine
by clear and convincing ev-
31 idence that such licensee will not
pose a threat to the public in such
32 person's capacity as a licensee and
that such person has been suf-
33 ficiently rehabilitated to warrant
the public trust. In the case of a
34 person who has been convicted of a
felony and who applies for an
original,
35 renewal or
reinstated license, an
or to reinstate a canceled license, the
36 application for a license shall be
denied unless a 2/3 majority of the board
37 members present and voting on such
application determine by clear and
38 convincing evidence that such person
will not pose a threat to the public
39 in such person's capacity as a licensee
and that such person has been
40 sufficiently rehabilitated to warrant
the public trust.
41 (d) The licensee
has used fraudulent or false advertisements.
42 (e) The licensee
is addicted to or has distributed intoxicating liquors
2
1 or drugs for any other than lawful
purposes.
2 (f) The
licensee has willfully or repeatedly violated this act, the
phar-
3 macy act of the state of Kansas or
the uniform controlled substances act,
4 or any rules and regulations adopted
pursuant thereto, or any rules and
5 regulations of the secretary of
health and environment which are relevant
6 to the practice of the healing
arts.
7 (g) The
licensee has unlawfully invaded the field of practice of any
8 branch of the healing arts in which
the licensee is not licensed to practice.
9 (h) The
licensee has engaged in the practice of the healing arts under
10 a false or assumed name, or the
impersonation of another practitioner.
11 The provisions of this subsection relating
to an assumed name shall not
12 apply to licensees practicing under a
professional corporation or other
13 legal entity duly authorized to provide
such professional services in the
14 state of Kansas.
15 (i) The licensee
has the inability to practice the branch of the
healing
16 arts for which the licensee is
licensed with reasonable skill and safety to
17 patients by reason of physical or
mental illness or condition,
alcohol-
18 ism, excessive
or use of alcohol,
drugs, or controlled
substances, chem-
19 ical or any other type of material
or as a result of any mental or physical
20 condition. In determining
whether or not such inability exists, the board,
21 upon reasonable suspicion of such
inability, shall have authority to compel
22 a licensee to submit to mental or physical
examination or drug screen, or
23 any combination thereof, by such persons as
the board may designate
24 either in the course of an
investigation or a disciplinary proceeding.
25 To determine whether reasonable suspicion
of such inability exists, the
26 investigative information shall be
presented to the board as a whole, to a
27 review committee of professional peers of
the licensee established pur-
28 suant to K.S.A. 65-2840c and amendments
thereto or to a committee
29 consisting of the officers of the board
elected pursuant to K.S.A. 65-2818
30 and amendments thereto and the executive
director appointed pursuant
31 to K.S.A. 65-2878 and amendments
thereto, and the or to a
presiding
32 officer authorized pursuant to
K.S.A. 75-514
[77-514] and amend-
33 ments thereto. The
determination shall be made by a majority vote of
34 the entity which reviewed the investigative
information. Information sub-
35 mitted to the board as a whole or a review
committee of peers or a
36 committee of the officers and executive
director of the board and all
37 reports, findings and other records shall
be confidential and not subject
38 to discovery by or release to any person or
entity. The licensee shall
39 submit to the board a release of
information authorizing the board to
40 obtain a report of such examination or drug
screen, or both. A person
41 affected by this subsection shall be
offered, at reasonable intervals, an
42 opportunity to demonstrate that such person
can resume the competent
43 practice of the healing arts with
reasonable skill and safety to patients.
3
1 For the purpose of this subsection,
every person licensed to practice the
2 healing arts and who shall accept the
privilege to practice the healing arts
3 in this state by so practicing or by
the making and filing of an annual
4 renewal to practice the healing arts
in this state shall be deemed to have
5 consented to submit to a mental or
physical examination or a drug screen,
6 or any combination thereof, when
directed in writing by the board and
7 further to have waived all objections
to the admissibility of the testimony,
8 drug screen or examination report of
the person conducting such exam-
9 ination or drug screen, or both, at
any proceeding or hearing before the
10 board on the ground that such testimony or
examination or drug screen
11 report constitutes a privileged
communication. In any proceeding by the
12 board pursuant to the provisions of this
subsection, the record of such
13 board proceedings involving the mental and
physical examination or drug
14 screen, or any combination thereof, shall
not be used in any other ad-
15 ministrative or judicial proceeding.
16 (j) The licensee
has had a license to practice the healing arts revoked,
17 suspended or limited, has been censured or
has had other disciplinary
18 action taken, or an application for a
license denied, by the proper licensing
19 authority of another state, territory,
District of Columbia, or other coun-
20 try, a certified copy of the record of the
action of the other jurisdiction
21 being conclusive evidence thereof.
22 (k) The licensee
has violated any lawful rule and regulation promul-
23 gated by the board or violated any lawful
order or directive of the board
24 previously entered by the board.
25 (l) The licensee
has failed to report or reveal the knowledge required
26 to be reported or revealed under K.S.A.
65-28,122 and amendments
27 thereto.
28 (m) The licensee,
if licensed to practice medicine and surgery, has
29 failed to inform in writing a
patient suffering from any form of abnor-
30 mality of the breast tissue for which
surgery is a recommended form of
31 treatment, of alternative methods of
treatment specified in the standard-
32 ized summary supplied by the board.
The standardized summary shall be
33 given to each patient specified
herein as soon as practicable and medically
34 indicated following diagnosis, and
this shall constitute compliance with
35 the requirements of this
subsection. The board shall develop and distrib-
36 ute to persons licensed to practice
medicine and surgery a standardized
37 summary of the alternative methods
of treatment known to the board at
38 the time of distribution of the
standardized summary, including surgical,
39 radiological or chemotherapeutic
treatments or combinations of treat-
40 ments and the risks associated with
each of these methods. Nothing in
41 this subsection shall be construed
or operate to empower or authorize
42 the board to restrict in any manner
the right of a person licensed to
43 practice medicine and surgery to
recommend a method of treatment or
4
1 to restrict in any manner a
patient's right to select a method of treatment.
2 The standardized summary
shall not be construed as a recommendation
3 by the board of any method of
treatment. The preceding sentence or
4 words having the same meaning
shall be printed as a part of the stan-
5 dardized summary. The
provisions of this subsection shall not be effective
6 until the standardized
written summary provided for in this subsection is
7 developed and printed and
made available by the board to persons li-
8 censed by the board to
practice medicine and surgery recognized
by
9 licensees of the same
profession in the same or similar communities
10 as being acceptable under like
conditions and circumstances.
11 (n) The licensee
has cheated on or attempted to subvert the validity
12 of the examination for a license.
13 (o) The licensee
has been found to be mentally ill, disabled, not guilty
14 by reason of insanity, not guilty because
the licensee suffers from a mental
15 disease or defect or incompetent to stand
trial by a court of competent
16 jurisdiction.
17 (p) The licensee
has prescribed, sold, administered, distributed or
18 given a controlled substance to any person
for other than medically ac-
19 cepted or lawful purposes.
20 (q) The licensee
has violated a federal law or regulation relating to
21 controlled substances.
22 (r) The licensee
has failed to furnish the board, or its investigators or
23 representatives, any information legally
requested by the board.
24 (s) Sanctions or
disciplinary actions have been taken against the li-
25 censee by a peer review committee, health
care facility, a governmental
26 agency or department or a professional
association or society for acts or
27 conduct similar to acts or conduct which
would constitute grounds for
28 disciplinary action under this section.
29 (t) The licensee
has failed to report to the board any adverse action
30 taken against the licensee by another state
or licensing jurisdiction, a peer
31 review body, a health care facility, a
professional association or society, a
32 governmental agency, by a law enforcement
agency or a court for acts or
33 conduct similar to acts or conduct which
would constitute grounds for
34 disciplinary action under this section.
35 (u) The licensee
has surrendered a license or authorization to practice
36 the healing arts in another state or
jurisdiction, has surrendered the au-
37 thority to utilize controlled substances
issued by any state or federal
38 agency, has agreed to a limitation to or
restriction of privileges at any
39 medical care facility or has surrendered
the licensee's membership on any
40 professional staff or in any professional
association or society while under
41 investigation for acts or conduct similar
to acts or conduct which would
42 constitute grounds for disciplinary action
under this section.
43 (v) The licensee
has failed to report to the board surrender of the
5
1 licensee's license or authorization
to practice the healing arts in another
2 state or jurisdiction or surrender of
the licensee's membership on any
3 professional staff or in any
professional association or society while under
4 investigation for acts or conduct
similar to acts or conduct which would
5 constitute grounds for disciplinary
action under this section.
6 (w) The
licensee has an adverse judgment, award or settlement
7 against the licensee resulting from a
medical liability claim related to acts
8 or conduct similar to acts or conduct
which would constitute grounds for
9 disciplinary action under this
section.
10 (x) The licensee
has failed to report to the board any adverse judg-
11 ment, settlement or award against the
licensee resulting from a medical
12 malpractice liability claim related to acts
or conduct similar to acts or
13 conduct which would constitute grounds for
disciplinary action under this
14 section.
15 (y) The licensee
has failed to maintain a policy of professional liability
16 insurance as required by K.S.A. 40-3402 or
40-3403a and amendments
17 thereto.
18 (z) The licensee
has failed to pay the annual premium surcharge as
19 required by K.S.A. 40-3404 and amendments
thereto.
20 (aa) The licensee
has knowingly submitted any misleading, deceptive,
21 untrue or fraudulent representation on a
claim form, bill or statement.
22 (bb) The licensee
as the responsible physician for a physician's assis-
23 tant has failed to adequately direct and
supervise the physician's assistant
24 in accordance with K.S.A. 65-2896 to
65-2897a, inclusive, and amend-
25 ments thereto, or rules and regulations
adopted under such statutes.
26 (cc) The licensee
has assisted suicide in violation of K.S.A. 21-3406
27 as established by any of the following:
28 (A) A copy of the
record of criminal conviction or plea of guilty for a
29 felony in violation of K.S.A. 21-3406 and
amendments thereto.
30 (B) A copy of the
record of a judgment of contempt of court for
31 violating an injunction issued under K.S.A.
1999 Supp. 60-4404 and
32 amendments thereto.
33 (C) A copy of the
record of a judgment assessing damages under
34 K.S.A. 1999 Supp. 60-4405 and amendments
thereto.
35 Sec. 2. K.S.A. 1999
Supp. 65-2811 is hereby amended to read
36 as follows: 65-2811. (a) The board
may issue a temporary permit to
37 practice the appropriate branch of
the healing arts to any person
38 who has made proper application for a
license by endorsement, has
39 the required qualifications for such
license and has paid the pre-
40 scribed fees, and such permit, when
issued, shall authorize the per-
41 son receiving the permit to practice
within the limits of the permit
42 until the license is issued or denied
by the board, but no more than
43 one such temporary permit shall be
issued to any one person with-
6
1 out the approval of 2/3 of the
members of the board.
2
(b) The board may issue a postgraduate permit to practice
the
3 appropriate branch of the
healing arts to any person who is engaged
4 in a full time, approved
postgraduate training program; has made
5 proper application for such
postgraduate permit upon forms ap-
6 proved by the board; meets all
qualifications of licensure, except
7 the examinations required under
K.S.A. 65-2873 and amendments
8 thereto and postgraduate
training, as required by this act; has paid
9 the prescribed fees established
by the board for such postgraduate
10 permit; has passed such examinations
in the basic and clinical sci-
11 ences approved under rules and
regulations adopted by the board;
12 and, if the person is a graduate of a
foreign medical school, has
13 passed an examination given by the
educational commission for for-
14 eign medical graduates.
15 (c) The
postgraduate permit issued under subsection (b),
when
16 issued, shall be valid for a period
not to exceed 36 months and shall
17 authorize the person receiving the
permit to practice the appropri-
18 ate branch of the healing arts in the
postgraduate training program
19 while continuously so engaged but
shall not authorize the person
20 receiving the permit to engage in the
private practice of the healing
21 arts.
22 (d) A
postgraduate permit issued under subsection (b) shall
be
23 canceled if:
24 (1) The
holder thereof ceases to be engaged in the postgraduate
25 training program; or
26 (2) the
holder thereof has engaged in the practice of the
healing
27 arts outside of the postgraduate
training program.
28 [Sec. 3. K.S.A. 1999
Supp. 65-2895 is hereby amended to read
29 as follows: 65-2895. (a) There is
hereby created a designation of
30 institutional license which may be
issued by the board to a person
31 who is a graduate of an accredited
school of the healing arts or a
32 school which has been in operation
for not less than 15 years and
33 the graduates of which have been
licensed in another state or states
34 which have standards similar to
Kansas and who is employed as
35 provided in this section. Subject to
the restrictions of this section,
36 the institutional license shall
confer upon the holder the right and
37 privilege to practice that branch of
the healing arts in which the
38 holder of the institutional license
is proficient and shall obligate the
39 holder to comply with all
requirements of such license. The practice
40 privileges of institutional license
holders are restricted as follows:
41 The institutional license shall be
valid only during the period in
42 which the holder
is: (1) The holder is employed
by the department of
43 social and rehabilitation services,
employed by any institution
7
1 within the department of
corrections or employed pursuant to a
2 contract entered into by the
department of social and rehabilitation
3 services or the department of
corrections with a third party, and
4 only within the institution to
which the holder is assigned; or
(2) the
5 holder was issued an
institutional license prior to the effective
date
6 of this act May
8, 1997, and is employed to provide mental
health
7 services in the employ of a
Kansas licensed community mental
8 health center, or one of its
contracted affiliates, or a federal, state,
9 county or municipal agency, or
other political subdivision, or a
10 contractor of a federal, state,
county or municipal agency, or other
11 political subdivision, or a duly
chartered educational institution,
12 or a medical care facility licensed
under K.S.A. 65-425 et seq, and
13 amendments thereto, in a psychiatric
hospital licensed under K.S.A.
14 75-3307b and amendments thereto, or a
contractor of such educa-
15 tional institution, medical care
facility or psychiatric hospital, and
16 whose practice, in any such
employment, is limited to providing
17 mental health services, is a part of
the duties of such licensee's paid
18 position and is performed solely on
behalf of the employer; or (3)
19 the holder was issued an institutional
license prior to May 8, 1997, and
20 is providing mental health services
pursuant to a written protocol with a
21 person who holds a license to practice
medicine and surgery other than
22 an institutional license.
23 [(b) An
institutional license shall be valid for a period of
two
24 years after the date of issuance and
may be renewed if the applicant
25 for renewal is eligible to obtain an
institutional license under this
26 section, has successfully completed
the examination required under
27 subsection (a)(3) of K.S.A. 65-2873
and amendments thereto and
28 has submitted evidence of
satisfactory completion of a program of
29 continuing education required by the
board. The board shall re-
30 quire each applicant for renewal of
an institutional license under
31 this section to submit evidence of
satisfactory completion of a pro-
32 gram of continuing education required
by the board of licensees of
33 the branch of the healing arts in
which the applicant is proficient.
34 [(c) This
section shall be a part of and supplemental to the Kan-
35 sas healing arts act.]
36 Sec. 2.
3. [4.] K.S.A.
1999 Supp. 65-2811
and[,] 65-2836
[and 65-
37 2895] is
are hereby repealed.
38 Sec. 3.
4. [5.] This act
shall take effect and be in force from and
39 after its publication in the statute
book.