Brief(1)
S.B. 548 amends one of the statutes in the Kansas Healing Arts Act that currently directs the Board of Healing Arts to appoint a disciplinary counsel and sets out the duties of such person. The amendments delete the specific duties of the disciplinary counsel required to be appointed pursuant to K.S.A. 65-2840a and substitute language that authorizes the Board of Healing Arts to designate the disciplinary counsel to represent the Board in certain proceedings. In addition, the amendatory language allows the Board to employ or appoint other persons to assist the disciplinary counsel and provides that counsel shall be subject to all provisions of the Kansas Healing Arts Act.
Background
S.B. 548 was introduced by the Senate Committee at the request of a representative of the Board of Healing Arts who also appeared in support of the bill at the time of Committee hearings. It was pointed out the limitation of the duties of disciplinary counsel to investigation of instances of possible unprofessional conduct, professional incompetency, or other grounds for disciplinary action currently included in K.S.A. 65-2840a precludes utilizing the one person most familiar with a case from representing the Board in either an administrative or judicial action involving disciplinary action against a licensee in the healing arts. The amendments are intended to give the Board more flexibility in utilizing a disciplinary counsel. The Senate Committee amendments were proposed by a representative of the Board of Healing Arts who worked with a representative of the Kansas Medical Society in their development.
The fiscal note on S.B. 548 indicates passage of the bill would have no fiscal effect.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.