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12  AN ACT concerning dentists and dentistry; relating to disciplinary actions
13    and confidentiality; amending K.S.A. 1996 Supp. 65-1436 and repeal-
14    ing the existing section.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    New Section 1.  (a) Any complaint or report, record or other infor-
18  mation relating to a complaint which is received, obtained or maintained
19  by the Kansas dental board shall be confidential and shall not be disclosed
20  by the board or its employees in a manner which identifies or enables
21  identification of the person who is the subject or source of the information
22  except the information may be disclosed:
23    (1)  In any proceeding conducted by the board under the law or in an
24  appeal of an order of the board entered in a proceeding, or to any party
25  to a proceeding or appeal or the party's attorney;
26    (2)  to the person who is the subject of the information or to any
27  person or entity when requested by the person who is the subject of the
28  information, but the board may require disclosure in such a manner that
29  will prevent identification of any other person who is the subject or source
30  of the information;
31    (3)  to a state or federal licensing, regulatory or enforcement agency
32  with jurisdiction over the subject or the information or to an agency with
33  jurisdiction over acts or conduct similar to acts or conduct which would
34  constitute grounds for action under this act. Any confidential complaint
35  or report, record or other information disclosed by the board as author-
36  ized by this section shall not be redisclosed by the receiving agency except
37  as otherwise authorized by law.
38    (b)  This section shall be part of and supplemental to the Kansas den-
39  tal practices act.
40    Sec. 2.  K.S.A. 1996 Supp. 65-1436 is hereby amended to read as
41  follows: 65-1436. (a) The Kansas dental board may refuse to issue the
42  license provided for in this act, or may take any of the actions with respect
43  to any dental or dental hygiene license as set forth in subsection (b),
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 1  whenever it is established, after notice and opportunity for hearing in
 2  accordance with the provisions of the Kansas administrative procedure
 3  act, that any applicant for a dental or dental hygiene license or any li-
 4  censed dentist or dental hygienist practicing in the state of Kansas has:
 5    (1)  Committed fraud, deceit or misrepresentation in obtaining any
 6  license, money or other thing of value;
 7    (2)  habitually used intoxicants or drugs which have rendered such
 8  person unfit for the practice of dentistry or dental hygiene;
 9    (3)  been determined by the board to be professionally incompetent;
10    (4)  committed gross, wanton or willful negligence in the practice of
11  dentistry or dental hygiene;
12    (5)  employed, allowed or permitted any unlicensed person or persons
13  to perform any work in the licensee's office which constitutes the practice
14  of dentistry or dental hygiene under the provisions of this act;
15    (6)  willfully violated the laws of this state relating to the practice of
16  dentistry or dental hygiene or the rules and regulations of the secretary
17  of health and environment or of the board regarding sanitation;
18    (7)  engaged in the division of fees, or agreed to split or divide the fee
19  received for dental service with any person for bringing or referring a
20  patient without the knowledge of the patient or the patient's legal rep-
21  resentative, except the division of fees between dentists practicing in a
22  partnership and sharing professional fees, or in case of one licensed den-
23  tist employing another;
24    (8)  committed complicity in association with or allowed the use of
25  the licensed dentist's name in conjunction with any person who is engaged
26  in the illegal practice of dentistry;
27    (9)  been convicted of a felony or a misdemeanor involving moral tur-
28  pitude in any jurisdiction and the licensee fails to show that the licensee
29  has been sufficiently rehabilitated to warrant the public trust;
30    (10)  prescribed, dispensed, administered or distributed a prescription
31  drug or substance, including any habit forming drug or a controlled sub-
32  stance, in an excessive, improper or inappropriate manner or quantity
33  outside the scope of practice of dentistry or in a manner that impairs the
34  health and safety of an individual;
35    (11)  prescribed, purchased, administered, sold or gave given away
36  prescription drugs, including any habit forming drug or a controlled sub-
37  stance, for other than legal and legitimate purposes;
38    (12)  violated or been convicted of any federal or state law regulating
39  possession, distribution or use of any controlled substance;
40    (10) (13)  failed to pay license fees;
41    (11) (14)  used the name ``clinic,'' ``institute'' or other title that may
42  suggest a public or semipublic activity except that the name ``clinic'' may
43  be used as authorized in K.S.A. 65-1435 and amendments thereto;
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 1    (12) (15)  committed, after becoming a licensee, any conduct which
 2  is detrimental to the public health, safety or welfare as defined by rules
 3  and regulations of the board;
 4    (13) (16)  engaged in a misleading, deceptive, untrue or fraudulent
 5  misrepresentation in the practice of dentistry or on any document con-
 6  nected with the practice of dentistry by knowingly submitting any mis-
 7  leading, deceptive, untrue or fraudulent misrepresentation on a claim
 8  form, bill or statement, including the systematic waiver of patient co-
 9  payment or co-insurance;
10    (14) (17)  failed to keep adequate records; or
11    (15) (18)  the licensee has had a license to practice dentistry revoked,
12  suspended or limited, has been censured or has had other disciplinary
13  action taken, an application for license denied, or voluntarily surrendered
14  the license after formal proceedings have been commenced by the proper
15  licensing authority or another state, territory or the District of Columbia
16  or other country, a certified copy of the record of the action of the other
17  jurisdiction being conclusive evidence thereof.; or
18    (16) (19)  failed to furnish the board, or its investigators or represen-
19  tatives any information legally requested by the board.
20    (b)  Whenever it is established, after notice and opportunity for hear-
21  ing in accordance with the provisions of the Kansas administrative pro-
22  cedure act, that a licensee is in any of the circumstances or has committed
23  any of the acts described in subsection (a), the Kansas dental board may
24  take one or any combination of the following actions with respect to the
25  license of the licensee:
26    (1)  Revoke the license.
27    (2)  Suspend the license for such period of time as may be determined
28  by the board.
29    (3)  Restrict the right of the licensee to practice by imposing limita-
30  tions upon dental or dental hygiene procedures which may be performed,
31  categories of dental disease which may be treated or types of patients
32  which may be treated by the dentist or dental hygienist. Such restrictions
33  shall continue for such period of time as may be determined by the board,
34  and the board may require the licensee to provide additional evidence at
35  hearing before lifting such restrictions.
36    (4)  Grant a period of probation during which the imposition of one
37  or more of the actions described in subsections (b)(1) through (b)(3) will
38  be stayed subject to such conditions as may be imposed by the board
39  including a requirement that the dentist or dental hygienist refrain from
40  any course of conduct which may result in further violation of the dental
41  practice act or the dentist or dental hygienist complete additional or re-
42  medial instruction. The violation of any provision of the dental practice
43  act or failure to meet any condition imposed by the board as set forth in
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 1  the order of the board will result in immediate termination of the period
 2  of probation and imposition of such other action as has been taken by the
 3  board.
 4    (c)  As used in this section, ``professionally incompetent'' means:
 5    (1)  One or more instances involving failure to adhere to the appli-
 6  cable standard of dental or dental hygienist care to a degree which con-
 7  stitutes gross negligence, as determined by the board;
 8    (2)  repeated instances involving failure to adhere to the applicable
 9  standard of dental or dental hygienist care to a degree which constitutes
10  ordinary negligence, as determined by the board; or
11    (3)  a pattern of dental or dental hygienist practice or other behavior
12  which demonstrates a manifest incapacity or incompetence to practice
13  dentistry.
14    (d)  In addition to or in lieu of one or more of the actions described
15  in subsections (b)(1) through (b)(4), the board shall have the authority to
16  may assess a fine not in excess of $10,000 against a licensee. All fines
17  collected pursuant to this subsection shall be remitted to the state treas-
18  urer. Such deposits shall be credited to the state general fund. An Of the
19  amount so remitted, an amount equal to the board's actual costs related
20  to fine assessment and enforcement under this subsection, as certified
21  by the president of the board to the state treasurer, shall be deducted
22  and credited to the dental board fee fund and the balance shall be
23  credited to the state general fund.
24    (e)  The board may, upon its own motion or upon the request of any
25  licensee who is a party to a licensure action, may require a physical or
26  mental examination, or both, of such licensee either prior to a hearing to
27  be held as a part of a licensure action or prior to the termination of any
28  period of suspension or the termination of any restrictions imposed upon
29  the licensee as provided in subsection (b).
30    Sec. 3.  K.S.A. 1996 Supp. 65-1436 is hereby repealed.
31    Sec. 4.  This act shall take effect and be in force from and after its
32  publication in the statute book.