Ch. 81             1997 Session Laws of Kansas             303

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) Any complaint or report, record or other infor-
mation relating to a complaint which is received, obtained or maintained
by the Kansas dental board shall be confidential and shall not be disclosed
by the board or its employees in a manner which identifies or enables
identification of the person who is the subject or source of the information
except the information may be disclosed:

(1) In any proceeding conducted by the board under the law or in an
appeal of an order of the board entered in a proceeding, or to any party
to a proceeding or appeal or the party's attorney;

(2) to the person who is the subject of the information or to any
person or entity when requested by the person who is the subject of the

304             1997 Session Laws of Kansas             Ch. 81

information, but the board may require disclosure in such a manner that
will prevent identification of any other person who is the subject or source
of the information;

(3) to a state or federal licensing, regulatory or enforcement agency
with jurisdiction over the subject or the information or to an agency with
jurisdiction over acts or conduct similar to acts or conduct which would
constitute grounds for action under this act. Any confidential complaint
or report, record or other information disclosed by the board as author-
ized by this section shall not be redisclosed by the receiving agency except
as otherwise authorized by law.

(b) This section shall be part of and supplemental to the Kansas den-
tal practices act.

Sec. 2. K.S.A. 1996 Supp. 65-1436 is hereby amended to read as
follows: 65-1436. (a) The Kansas dental board may refuse to issue the
license provided for in this act, or may take any of the actions with respect
to any dental or dental hygiene license as set forth in subsection (b),
whenever it is established, after notice and opportunity for hearing in
accordance with the provisions of the Kansas administrative procedure
act, that any applicant for a dental or dental hygiene license or any li-
censed dentist or dental hygienist practicing in the state of Kansas has:

(1) Committed fraud, deceit or misrepresentation in obtaining any
license, money or other thing of value;

(2) habitually used intoxicants or drugs which have rendered such
person unfit for the practice of dentistry or dental hygiene;

(3) been determined by the board to be professionally incompetent;

(4) committed gross, wanton or willful negligence in the practice of
dentistry or dental hygiene;

(5) employed, allowed or permitted any unlicensed person or persons
to perform any work in the licensee's office which constitutes the practice
of dentistry or dental hygiene under the provisions of this act;

(6) willfully violated the laws of this state relating to the practice of
dentistry or dental hygiene or the rules and regulations of the secretary
of health and environment or of the board regarding sanitation;

(7) engaged in the division of fees, or agreed to split or divide the fee
received for dental service with any person for bringing or referring a
patient without the knowledge of the patient or the patient's legal rep-
resentative, except the division of fees between dentists practicing in a
partnership and sharing professional fees, or in case of one licensed den-
tist employing another;

(8) committed complicity in association with or allowed the use of
the licensed dentist's name in conjunction with any person who is engaged
in the illegal practice of dentistry;

(9) been convicted of a felony or a misdemeanor involving moral tur-

Ch. 81             1997 Session Laws of Kansas             305

pitude in any jurisdiction and the licensee fails to show that the licensee
has been sufficiently rehabilitated to warrant the public trust;

(10) prescribed, dispensed, administered or distributed a prescription
drug or substance, including a controlled substance, in an excessive, im-
proper or inappropriate manner or quantity outside the scope of practice
of dentistry or in a manner that impairs the health and safety of an
individual;

(11) prescribed, purchased, administered, sold or given away pre-
scription drugs, including a controlled substance, for other than legal and
legitimate purposes;

(12) violated or been convicted of any federal or state law regulating
possession, distribution or use of any controlled substance;

(10) (13) failed to pay license fees;

(11) (14) used the name ``clinic,'' ``institute'' or other title that may
suggest a public or semipublic activity except that the name ``clinic'' may
be used as authorized in K.S.A. 65-1435 and amendments thereto;

(12) (15) committed, after becoming a licensee, any conduct which
is detrimental to the public health, safety or welfare as defined by rules
and regulations of the board;

(13) (16) engaged in a misleading, deceptive, untrue or fraudulent
misrepresentation in the practice of dentistry or on any document con-
nected with the practice of dentistry by knowingly submitting any mis-
leading, deceptive, untrue or fraudulent misrepresentation on a claim
form, bill or statement, including the systematic waiver of patient co-
payment or co-insurance;

(14) (17) failed to keep adequate records; or

(15) (18) the licensee has had a license to practice dentistry revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, an application for license denied, or voluntarily surrendered
the license after formal proceedings have been commenced by the proper
licensing authority or another state, territory or the District of Columbia
or other country, a certified copy of the record of the action of the other
jurisdiction being conclusive evidence thereof.; or

(16) (19) failed to furnish the board, or its investigators or represen-
tatives any information legally requested by the board.

(b) Whenever it is established, after notice and opportunity for hear-
ing in accordance with the provisions of the Kansas administrative pro-
cedure act, that a licensee is in any of the circumstances or has committed
any of the acts described in subsection (a), the Kansas dental board may
take one or any combination of the following actions with respect to the
license of the licensee:

(1) Revoke the license.

(2) Suspend the license for such period of time as may be determined
by the board.

(3) Restrict the right of the licensee to practice by imposing limita-

306             1997 Session Laws of Kansas             Ch. 81

tions upon dental or dental hygiene procedures which may be performed,
categories of dental disease which may be treated or types of patients
which may be treated by the dentist or dental hygienist. Such restrictions
shall continue for such period of time as may be determined by the board,
and the board may require the licensee to provide additional evidence at
hearing before lifting such restrictions.

(4) Grant a period of probation during which the imposition of one
or more of the actions described in subsections (b)(1) through (b)(3) will
be stayed subject to such conditions as may be imposed by the board
including a requirement that the dentist or dental hygienist refrain from
any course of conduct which may result in further violation of the dental
practice act or the dentist or dental hygienist complete additional or re-
medial instruction. The violation of any provision of the dental practice
act or failure to meet any condition imposed by the board as set forth in
the order of the board will result in immediate termination of the period
of probation and imposition of such other action as has been taken by the
board.

(c) As used in this section, ``professionally incompetent'' means:

(1) One or more instances involving failure to adhere to the appli-
cable standard of dental or dental hygienist care to a degree which con-
stitutes gross negligence, as determined by the board;

(2) repeated instances involving failure to adhere to the applicable
standard of dental or dental hygienist care to a degree which constitutes
ordinary negligence, as determined by the board; or

(3) a pattern of dental or dental hygienist practice or other behavior
which demonstrates a manifest incapacity or incompetence to practice
dentistry.

(d) In addition to or in lieu of one or more of the actions described
in subsections (b)(1) through (b)(4), the board may assess a fine not in
excess of $10,000 against a licensee. All fines collected pursuant to this
subsection shall be remitted to the state treasurer. Of the amount so re-
mitted, an amount equal to the board's actual costs related to fine assess-
ment and enforcement under this subsection, as certified by the president
of the board to the state treasurer, shall be credited to the dental board
fee fund and the balance shall be credited to the state general fund.

(e) The board may, upon its own motion or upon the request of any
licensee who is a party to a licensure action, may require a physical or
mental examination, or both, of such licensee either prior to a hearing to
be held as a part of a licensure action or prior to the termination of any
period of suspension or the termination of any restrictions imposed upon
the licensee as provided in subsection (b).

Sec. 3. K.S.A. 1996 Supp. 65-1436 is hereby repealed.

Ch. 81             1997 Session Laws of Kansas             307

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.