Session of 2000
SENATE BILL No. 596
By Senator Salisbury
2-9
9 AN ACT
concerning regulatory boards; amending K.S.A. 65-1826, 65-
10 2839a and 74-1504 and
K.S.A. 1999 Supp. 47-821, 58-4118, 65-1467,
11 65-1627j, 65-3503 and
74-1106 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 47-821 is hereby amended to read as
15 follows: 47-821. (a) In general, but not by
way of limitation, the board
16 shall have power to:
17 (1) Examine and
determine the qualifications and fitness of appli-
18 cants for a license to practice veterinary
medicine in this state in accord-
19 ance with K.S.A. 47-824 and 47-826, and
amendments thereto.
20 (2) Inspect and
register any veterinary premises pursuant to K.S.A.
21 47-840, and amendments thereto, and take
any disciplinary action against
22 the holder of a registration of a premises
issued pursuant to K.S.A. 47-
23 840, and amendments thereto.
24 (3) Issue, renew,
deny, limit, condition, fine, reprimand, restrict, sus-
25 pend or revoke licenses to practice
veterinary medicine in this state or
26 otherwise discipline licensed veterinarians
consistent with the provisions
27 of this act and the rules and regulations
adopted thereunder.
28 (4) Conduct an
investigation upon an allegation by any person that
29 any licensee or other veterinarian has
violated any provision of the Kansas
30 veterinary practice act or any rules and
regulations adopted pursuant to
31 such act. The board may appoint individuals
and committees to assist in
32 any investigation.
33 (5) Establish and
publish annually a schedule of fees authorized pur-
34 suant to and in accordance with the
provisions of K.S.A. 47-822 and
35 amendments thereto.
36 (6) Employ full
time or part time an executive director and such pro-
37 fessional, clerical and special personnel
as shall be necessary to carry out
38 the provisions of this act. The board shall
fix the compensation of such
39 personnel who shall be in the unclassified
service under the Kansas civil
40 service act. Under the supervision of the
board, the executive director
41 shall perform such duties as may be
required by law or authorized by the
42 board.
43 (7) Purchase or
rent necessary office space, equipment and supplies.
2
1 (8) Appoint
from its own membership one or more members to act
2 as representatives of the board at
any meeting within or without the state
3 where such representation is deemed
desirable.
4
(9) Initiate the bringing of proceedings in the courts for the
enforce-
5 ment of this act.
6 (10) Adopt,
amend or repeal rules and regulations for licensed vet-
7 erinarians regarding the limits of
activity for assistants and registered vet-
8 erinary technicians who perform
prescribed veterinary procedures under
9 the direct or indirect supervision
and responsibility of a licensed
10 veterinarian.
11 (11) Adopt, amend
or repeal such rules and regulations, not incon-
12 sistent with law, as may be necessary to
carry out the purposes of this act
13 and enforce the provisions thereof.
14 (12) Have a
common seal.
15 (13) Adopt, amend
or repeal rules and regulations to fix minimum
16 standards for continuing veterinary medical
education, which standards
17 shall be a condition precedent to the
renewal of a license under this act.
18 (14) Register
veterinary technicians.
19 (15) Establish
any committee necessary to implement any provision
20 of this act including, but not limited to,
a continuing education committee
21 and a peer review committee. Such
committees may be formed in con-
22 junction with professional veterinary
associations in the state. Members
23 of such committees appointed by the board
shall receive the same priv-
24 ileges and immunities and be charged with
the same responsibilities of
25 activity and confidentiality as board
members.
26 (16) Refer
complaints to a duly formed peer review committee of a
27 duly appointed professional
association.
28 (17) Establish,
by rules and regulations, minimum standards for the
29 practice of veterinary medicine.
30 (18) Contract
with a person or entity to perform the inspections or
31 reinspections as required by K.S.A.
47-840.
32 (19) The board
may initiate an investigation upon its own motion or
33 upon a complaint in writing. If the
investigation is initiated upon a com-
34 plaint, such complaint shall contain the
complainant's name and legal
35 address. For the purpose of
investigations and proceedings conducted by
36 the board, the board may issue subpoenas
compelling the attendance and
37 testimony of veterinarians or the
production for examination or copying
38 of documents or any other physical evidence
if such evidence relates to
39 veterinary competence, unprofessional
conduct, the mental or physical
40 ability of a licensee to safely practice
veterinary medicine or the condition
41 of a veterinary premises. Within five days
after the service of the subpoena
42 on any veterinarian requiring the
production of any evidence in the vet-
43 erinarian's possession or under the
veterinarian's control, such veterinar-
3
1 ian may petition the board to revoke,
limit or modify the subpoena. The
2 board shall revoke, limit or modify
such subpoena if in its opinion the
3 evidence required does not relate to
practices which may be grounds for
4 disciplinary action, is not relevant
to the charge which is the subject mat-
5 ter of the proceeding or
investigation, or does not describe with sufficient
6 particularity the physical evidence
which is required to be produced. The
7 district court, upon application by
the board or by the veterinarian sub-
8 poenaed, shall have jurisdiction to
issue an order:
9
(A) Requiring such veterinarian to appear before the board or
the
10 board's duly authorized agent to produce
evidence relating to the matter
11 under investigation; or
12 (B) revoking,
limiting or modifying the subpoena if in the court's
13 opinion the evidence demanded does not
relate to practices which may
14 be grounds for disciplinary action, is not
relevant to the charge which is
15 the subject matter of the hearing or
investigation or does not describe
16 with sufficient particularity the evidence
which is required to be
17 produced.
18 (b) The powers of
the board are granted to enable the board to ef-
19 fectively supervise the practice of
veterinary medicine and are to be con-
20 strued liberally in order to accomplish
such objective.
21 Sec.
2. K.S.A. 1999 Supp. 58-4118 is hereby amended to read as
22 follows: 58-4118. (a) The board may
investigate the actions of a state
23 certified or licensed appraiser
and upon its own motion or upon a com-
24 plaint in writing. If the investigation
is initiated based upon a complaint,
25 such complaint shall contain the
complainant's name and legal address.
26 The board may
revoke, condition, limit or suspend the certificate or
27 license of the appraiser, or censure the
appraiser, for any of the following
28 acts or omissions:
29 (1) Procuring or
attempting to procure a certificate or license pur-
30 suant to this act by knowingly making a
false statement, submitting false
31 information, refusing to provide complete
information in response to a
32 question in an application for
certification or licensure or any form of
33 fraud or misrepresentation;
34 (2) failing to
meet the minimum qualifications established by this act;
35 (3) paying money,
other than provided for by this act, to any member
36 or employee of the board to procure a
certificate or license under this
37 act;
38 (4) a plea of
guilty or nolo contendere to, or conviction of: (A) For-
39 gery, embezzlement, obtaining money under
false pretenses, larceny, ex-
40 tortion, conspiracy to defraud or any other
similar offense; (B) a crime
41 involving moral turpitude; or (C) any
felony charge;
42 (5) an act or
omission involving dishonesty, fraud or misrepresenta-
43 tion, with the intent to substantially
benefit the appraiser or another per-
4
1 son or with the intent to
substantially injure another person;
2
(6) violation of any of the standards for the development or
com-
3 munication of real estate appraisals
as provided in this act;
4 (7) failure
or refusal without good cause to exercise reasonable dili-
5 gence in developing an appraisal,
preparing an appraisal report or com-
6 municating an appraisal;
7
(8) negligence or incompetence in developing an appraisal,
preparing
8 an appraisal report or communicating
an appraisal;
9
(9) willfully disregarding or violating any provision of this
act or rules
10 and regulations of the board for the
administration and enforcement of
11 the provisions of this act;
12 (10) accepting an
appraisal assignment, described in K.S.A. 58-4122
13 and amendments thereto, when the employment
itself is contingent upon
14 the appraiser reporting a predetermined
estimate, analysis or opinion, or
15 when the fee to be paid is contingent upon
the opinion, conclusion or
16 valuation reached, or upon the consequences
resulting from the appraisal
17 assignment;
18 (11) violating
the confidential nature of governmental records to
19 which the appraiser gained access through
employment or engagement
20 as an appraiser by a governmental
agency;
21 (12) entry of a
final civil judgment against the person on grounds of
22 fraud, misrepresentation or deceit in the
making of any appraisal of real
23 property;
24 (13) disciplinary
action in relation to appraisal work, including, but
25 not limited to, denial, revocation or
suspension of a license or certificate
26 by another state, district or territory of
the United States or another coun-
27 try; or
28 (14) receipt of
an order of prohibition in relation to appraisal work,
29 by consent or otherwise, issued by an
agency of the federal government.
30 (b) In addition
to or in lieu of any other administrative, civil or crim-
31 inal remedy provided by law, the board upon
a finding that a state cer-
32 tified or licensed appraiser has violated
any provision of this act or of any
33 rules and regulations adopted hereunder,
may impose upon such ap-
34 praiser a civil fine not exceeding $1,000
for each violation. All moneys
35 collected by the board from such fines
shall be remitted to the state
36 treasurer at least monthly. Upon receipt
thereof, the state treasurer shall
37 deposit the entire amount in the state
treasury and credit it to the state
38 general fund.
39 (c) In a
disciplinary proceeding based upon a civil judgment, the ap-
40 praiser shall be afforded an opportunity to
present matters in mitigation
41 and extenuation but may not collaterally
attack the civil judgment.
42 (d) All
administrative proceedings pursuant to this section shall be
43 conducted in accordance with the Kansas
administrative procedure act.
5
1 Sec.
3. K.S.A. 1999 Supp. 65-1467 is hereby amended to read as
2 follows: 65-1467. (a) The board
may initiate an investigation upon its own
3 motion or upon a complaint in
writing. If the investigation is initiated
4 upon a complaint, such complaint
shall contain the complainant's name
5 and legal address. Any
complaint or report, record or other information
6 relating to a complaint which is
received, obtained or maintained by the
7 Kansas dental board shall be
confidential and shall not be disclosed by
8 the board or its employees in a
manner which identifies or enables iden-
9 tification of the person who is the
subject or source of the information
10 except the information may be
disclosed:
11 (1) In any
proceeding conducted by the board under the law or in an
12 appeal of an order of the board entered in
a proceeding, or to any party
13 to a proceeding or appeal or the party's
attorney;
14 (2) to the person
who is the subject of the information or to any
15 person or entity when requested by the
person who is the subject of the
16 information, but the board may require
disclosure in such a manner that
17 will prevent identification of any other
person who is the subject or source
18 of the information;
19 (3) to a state or
federal licensing, regulatory or enforcement agency
20 with jurisdiction over the subject or the
information or to an agency with
21 jurisdiction over acts or conduct similar
to acts or conduct which would
22 constitute grounds for action under this
act. Any confidential complaint
23 or report, record or other information
disclosed by the board as author-
24 ized by this section shall not be
redisclosed by the receiving agency except
25 as otherwise authorized by law.
26 (b) This section
shall be part of and supplemental to the Kansas den-
27 tal practices act.
28 Sec.
4. K.S.A. 1999 Supp. 65-1627j is hereby amended to read as
29 follows: 65-1627j. (a) The board may
initiate an investigation upon its
30 own motion or upon a complaint in
writing. If the investigation is initiated
31 upon a complaint, such complaint shall
contain the complainant's name
32 and legal address. In all
investigative and disciplinary matters pending
33 before the board, the board shall have the
power to issue subpoenas and
34 compel the attendance of witnesses and the
production of all necessary
35 papers, books and records, documentary
evidence and materials. Any per-
36 son failing or refusing to appear or
testify regarding any matter about
37 which such person may be lawfully
questioned or to produce any papers,
38 books, records, documentary evidence or
materials in the matter to be
39 heard, after having been required by order
of the board or by a subpoena
40 of the board to do so, upon application to
any district judge of the state
41 of Kansas, may be ordered to comply with
such subpoena, and upon
42 failure to comply with the order of the
district judge, the court may com-
43 pel obedience by attachment as for contempt
as in the case of disobedi-
6
1 ence of a similar order or subpoena
issued by the court. A subpoena may
2 be served upon any person named
therein, anywhere within the state of
3 Kansas with the same fees and mileage
by any officer authorized to serve
4 subpoenas in civil actions in the
same manner as is prescribed by the code
5 of civil procedure for subpoenas
issued out of the district courts of this
6 state.
7 (b) This
section shall be part of and supplemental to the pharmacy
8 act of the state of Kansas.
9 Sec.
5. K.S.A. 65-1826 is hereby amended to read as follows:
65-
10 1826. The board may initiate an
investigation upon its own motion or
11 upon a complaint in writing. If the
investigation is initiated upon a com-
12 plaint, such complaint shall contain the
complainant's name and legal
13 address. The practice and procedure
of the board with respect to any
14 investigation made by it under authority of
this act shall be in accordance
15 with rules and regulations adopted by the
board.
16 Each person who serves
a subpoena shall receive the same fees as a
17 sheriff, and each witness who appears in
obedience to a subpoena, shall
18 receive for attendance the fees and mileage
provided by law for witnesses
19 in civil cases in the district courts of
this state. Such fees and mileage
20 shall be paid by the board in the same
manner as other expenses are paid
21 by the board. No witness subpoenaed at the
instance of a party other than
22 the board or one of its members, or its
administrative officer, shall be
23 entitled to fees and mileage unless the
board shall certify that the witness'
24 testimony was material to the matter
investigated.
25 Sec.
6. K.S.A. 65-2839a is hereby amended to read as follows:
65-
26 2839a. (a) The board may initiate an
investigation upon its own motion
27 or upon a complaint in writing. If the
investigation is initiated upon a
28 complaint, such complaint shall contain
the complainant's name and legal
29 address.
30 (a)
(b) In connection with any investigation by the board,
the board
31 or its duly authorized agents or employees
shall at all reasonable times
32 have access to, for the purpose of
examination, and the right to copy any
33 document, report, record or other physical
evidence of any person being
34 investigated, or any document, report,
record or other evidence main-
35 tained by and in possession of any clinic,
office of a practitioner of the
36 healing arts, laboratory, pharmacy, medical
care facility or other public
37 or private agency if such document, report,
record or evidence relates to
38 medical competence, unprofessional conduct
or the mental or physical
39 ability of a licensee safely to practice
the healing arts.
40 (b)
(c) For the purpose of all investigations and
proceedings con-
41 ducted by the board:
42 (1) The board may
issue subpoenas compelling the attendance and
43 testimony of witnesses or the production
for examination or copying of
7
1 documents or any other physical
evidence if such evidence relates to
2 medical competence, unprofessional
conduct or the mental or physical
3 ability of a licensee safely to
practice the healing arts. Within five days
4 after the service of the subpoena on
any person requiring the production
5 of any evidence in the person's
possession or under the person's control,
6 such person may petition the board to
revoke, limit or modify the sub-
7 poena. The board shall revoke, limit
or modify such subpoena if in its
8 opinion the evidence required does
not relate to practices which may be
9 grounds for disciplinary action, is
not relevant to the charge which is the
10 subject matter of the proceeding or
investigation, or does not describe
11 with sufficient particularity the physical
evidence which is required to be
12 produced. Any member of the board, or any
agent designated by the
13 board, may administer oaths or
affirmations, examine witnesses and re-
14 ceive such evidence.
15 (2) Any person
appearing before the board shall have the right to be
16 represented by counsel.
17 (3) The district
court, upon application by the board or by the person
18 subpoenaed, shall have jurisdiction to
issue an order:
19 (A) Requiring
such person to appear before the board or the boards
20 duly authorized agent to produce evidence
relating to the matter under
21 investigation; or
22 (B) revoking,
limiting or modifying the subpoena if in the court's
23 opinion the evidence demanded does not
relate to practices which may
24 be grounds for disciplinary action, is not
relevant to the charge which is
25 the subject matter of the hearing or
investigation or does not describe
26 with sufficient particularity the evidence
which is required to be
27 produced.
28 (c)
(d) The board may receive from the Kansas bureau of
investiga-
29 tion or other criminal justice agencies
such criminal history record infor-
30 mation (including arrest and nonconviction
data), criminal intelligence
31 information and information relating to
criminal and background inves-
32 tigations as necessary for the purpose of
determining initial and contin-
33 uing qualifications of licensees and
registrants of and applicants for licen-
34 sure and registration by the board.
Disclosure or use of any such
35 information received by the board or of any
record containing such in-
36 formation, for any purpose other than that
provided by this subsection is
37 a class A misdemeanor and shall constitute
grounds for removal from
38 office, termination of employment or
denial, revocation or suspension of
39 any license or registration issued under
this act. Nothing in this subsection
40 shall be construed to make unlawful the
disclosure of any such informa-
41 tion by the board in a hearing held
pursuant to this act.
42 (d)
(e) Patient records, including clinical records,
medical reports,
43 laboratory statements and reports, files,
films, other reports or oral state-
8
1 ments relating to diagnostic findings
or treatment of patients, information
2 from which a patient or a patient's
family might be identified, peer review
3 or risk management records or
information received and records kept by
4 the board as a result of the
investigation procedure outlined in this section
5 shall be confidential and shall not
be disclosed.
6
(e) (f) Nothing in this section or any
other provision of law making
7 communications between a physician
and the physician's patient a privi-
8 leged communication shall apply to
investigations or proceedings con-
9 ducted pursuant to this section. The
board and its employees, agents and
10 representatives shall keep in confidence
the names of any patients whose
11 records are reviewed during the course of
investigations and proceedings
12 pursuant to this section.
13 Sec.
7. K.S.A. 1999 Supp. 65-3503 is hereby amended to read as
14 follows: 65-3503. (a) It shall be the duty
of the board to:
15 (1) Develop,
impose and enforce standards which shall be met by
16 individuals in order to receive a license
as an adult care home adminis-
17 trator, which standards shall be designed
to ensure that adult care home
18 administrators will be individuals who are
of good character and are oth-
19 erwise suitable, and who, by training or
experience in the field of insti-
20 tutional administration, are qualified to
serve as adult care home
21 administrators;
22 (2) develop
examinations and investigations for determining whether
23 an individual meets such standards;
24 (3) issue
licenses to individuals who meet such standards, and revoke
25 or suspend licenses issued by the board or
reprimand, censure or oth-
26 erwise discipline a person holding any such
license as provided under
27 K.S.A. 65-3508 and amendments thereto;
28 (4) establish and
carry out procedures designed to ensure that indi-
29 viduals licensed as adult care home
administrators comply with the
30 requirements of such standards; and
31 (5) receive,
investigate and take appropriate action under K.S.A. 65-
32 3505 and amendments thereto and rules and
regulations adopted by the
33 board with respect to any charge or
complaint filed with the board to the
34 effect that any person licensed as an adult
care home administrator may
35 be subject to disciplinary action under
K.S.A. 65-3505 and 65-3508 and
36 amendments thereto. The charge or
complaint shall be in writing and
37 shall contain the complainant's name and
legal address.
38 (b) The board
shall also have the power to make rules and regulations,
39 not inconsistent with law, as may be
necessary for the proper performance
40 of its duties, and to have subpoenas issued
pursuant to K.S.A. 60-245 and
41 amendments thereto in the board's exercise
of its power and to take such
42 other actions as may be necessary to enable
the state to meet the require-
43 ments set forth in section 1908 of the
social security act, the federal rules
9
1 and regulations promulgated
thereunder and other pertinent federal
2 authority.
3 (c) The
board shall fix by rules and regulations the licensure fee,
4 temporary license fee, renewal fee,
late renewal fee, reinstatement fee,
5 reciprocity fee and sponsorship fee
and, if necessary, an examination fee
6 under this act. Such fees shall be
fixed in an amount to cover the costs
7 of administering the provisions of
the act. No fee shall be more than $200.
8 The secretary of health and
environment shall remit all moneys received
9 from fees, charges or penalties under
this act to the state treasurer at
10 least monthly. Upon receipt of each such
remittance, the state treasurer
11 shall deposit the entire amount thereof in
the state treasury and credit
12 the same to the state general fund.
13 (d) The board
upon request shall receive from the Kansas bureau of
14 investigation, without charge, such
criminal history record information
15 relating to criminal convictions as
necessary for the purpose of determin-
16 ing initial and continuing qualifications
of licensees of and applicants for
17 licensure by the board.
18 Sec.
8. K.S.A. 1999 Supp. 74-1106 is hereby amended to read as
19 follows: 74-1106. (a) Appointment, term
of office. (1) The governor shall
20 appoint a board consisting of 11 members of
which six shall be registered
21 professional nurses, two shall be licensed
practical nurses, one shall be a
22 licensed mental health technician and two
shall be members of the gen-
23 eral public, which shall constitute a board
of nursing, with the duties,
24 power and authority set forth in this
act.
25 (2) Upon the
expiration of the term of any registered professional
26 nurse, the Kansas state nurses association
shall submit to the governor a
27 list of registered professional nurses
containing names of not less than
28 three times the number of persons to be
appointed, and appointments
29 shall be made after consideration of such
list for terms of four years and
30 until a successor is appointed and
qualified.
31 (3) On the
effective date of this act, the Kansas federation of licensed
32 practical nurses shall submit to the
governor a list of licensed practical
33 nurses containing names of not less than
three times the number of per-
34 sons to be appointed, and appointments
shall be made after consideration
35 of such list, with the first appointment
being for a term of four years and
36 the second appointment being for a term of
two years. Upon the expi-
37 ration of the term of any licensed
practical nurse, a successor of like
38 qualifications shall be appointed in the
same manner as the original ap-
39 pointment for a term of four years and
until a successor is appointed and
40 qualified.
41 (4) Upon the
expiration of the term of any mental health technician,
42 the Kansas association of human services
technologies shall submit to the
43 governor a list of persons licensed as
mental health technicians containing
10
1 names of not less than three times
the number of persons to be appointed,
2 and appointments shall be made after
consideration of such list for terms
3 of four years and until a successor
is appointed and qualified.
4 (5) Each
member of the general public shall be appointed for a term
5 of four years and successors shall be
appointed for a like term.
6
(6) Whenever a vacancy occurs on the board of nursing, it
shall be
7 filled by appointment for the
remainder of the unexpired term in the
8 same manner as the preceding
appointment. No person shall serve more
9 than two consecutive terms as a
member of the board of nursing and
10 appointment for the remainder of an
unexpired term shall constitute a
11 full term of service on such board.
12
(b) Qualifications of members. Each member of the board
shall be a
13 citizen of the United States and a resident
of the state of Kansas. Regis-
14 tered professional nurse members shall
possess a license to practice as a
15 professional nurse in this state with at
least five years' experience in nurs-
16 ing as such and shall be actively engaged
in professional nursing in Kansas
17 at the time of appointment and
reappointment. The licensed practical
18 nurse members shall be licensed to practice
practical nursing in the state
19 with at least five years' experience in
practical nursing and shall be actively
20 engaged in practical nursing in Kansas at
the time of appointment and
21 reappointment. The governor shall appoint
successors so that the regis-
22 tered professional nurse membership of the
board shall consist of at least
23 two members who are engaged in nursing
service, at least two members
24 who are engaged in nursing education and at
least one member who is
25 engaged in practice as an advanced
registered nurse practitioner or a
26 registered nurse anesthetist. The licensed
mental health technician mem-
27 ber shall be licensed to practice as
licensed mental health technician in
28 the state with at least five years'
experience and shall be actively engaged
29 in the field of mental health technology in
Kansas at the time of appoint-
30 ment and reappointment. The consumer
members shall represent the
31 interests of the general public. Each
member of the board shall take and
32 subscribe the oath prescribed by law for
state officers, which oath shall
33 be filed with the secretary of state.
34 (c) Duties and
powers. (1) The board shall meet annually at Topeka
35 during the month of September and shall
elect from its members a pres-
36 ident, vice-president and secretary, each
of whom shall hold their re-
37 spective offices for one year. The board
shall employ an executive ad-
38 ministrator, who shall be a registered
professional nurse, who shall not
39 be a member of the board and who shall be
in the unclassified service
40 under the Kansas civil service act, and
shall employ such other employees,
41 who shall be in the classified service
under the Kansas civil service act as
42 necessary to carry on the work of the
board. As necessary, the board shall
43 be represented by an attorney appointed by
the attorney general as pro-
11
1 vided by law, whose compensation
shall be determined and paid by the
2 board with the approval of the
governor. The board may hold such other
3 meetings during the year as may be
deemed necessary to transact its
4 business.
5 (2) The
board may adopt rules and regulations not inconsistent with
6 this act necessary to carry into
effect the provisions thereof, and such
7 rules and regulations may be
published and copies thereof furnished to
8 any person upon application.
9 (3) The
board shall prescribe curricula and standards for professional
10 and practical nursing programs and mental
health technician programs,
11 and provide for surveys of such schools and
courses at such times as it
12 may deem necessary. It shall accredit such
schools and approve courses
13 as meet the requirements of the appropriate
act and rules and regulations
14 of the board.
15 (4) The board
shall examine, license and renew licenses of duly qual-
16 ified applicants and conduct hearings upon
charges for limitation, sus-
17 pension or revocation of a license or
accreditation of professional and
18 practical nursing and mental health
technician programs and may limit,
19 deny, suspend or revoke for proper legal
cause, licenses or accreditation
20 of professional and practical nursing and
mental health technician pro-
21 grams, as hereinafter provided. Examination
for applicants for registration
22 shall be given at least twice each year and
as many other times as deemed
23 necessary by the board. The board shall
promote improved means of
24 nursing education and standards of nursing
care through institutes, con-
25 ferences and other means.
26 (5) The board
shall have a seal of which the executive administrator
27 shall be the custodian. The president and
the secretary shall have the
28 power and authority to administer oaths in
transacting business of the
29 board, and the secretary shall keep a
record of all proceedings of the
30 board and a register of professional and
practical nurses and mental health
31 technicians licensed and showing the
certificates of registration or licenses
32 granted or revoked, which register shall be
open at all times to public
33 inspection.
34 (6) The board may
enter into contracts as may be necessary to carry
35 out its duties.
36 (7) The board is
hereby authorized to apply for and to accept grants
37 and may accept donations, bequests or
gifts. The board shall remit all
38 moneys received by it under this paragraph
(7) to the state treasurer at
39 least monthly. Upon receipt of any such
remittance, the state treasurer
40 shall deposit the entire amount thereof in
the state treasury, and such
41 deposit shall be credited to the grants and
gifts fund which is hereby
42 created. All expenditures from such fund
shall be made in accordance
43 with appropriation acts upon warrants of
the director of accounts and
12
1 reports issued pursuant to vouchers
approved by the president of the
2 board or a person designated by the
president.
3 (8) A
majority of the board of nursing including two professional
4 nurse members shall constitute a
quorum for the transaction of business.
5
(d) Subpoenas. The board may initiate an
investigation upon its own
6 motion or upon a complaint in
writing. If the investigation is initiated
7 upon a complaint, such complaint
shall contain the complainant's name
8 and legal address. In all
investigations and proceedings, the board shall
9 have the power to issue subpoenas and
compel the attendance of wit-
10 nesses and the production of all relevant
and necessary papers, books,
11 records, documentary evidence and
materials. Any person failing or re-
12 fusing to appear or testify regarding any
matter about which such person
13 may be lawfully questioned or to produce
any books, papers, records,
14 documentary evidence or relevant materials
in the matter, after having
15 been required by order of the board or by a
subpoena of the board to do
16 so, upon application by the board to any
district judge in the state, may
17 be ordered by such judge to comply
therewith. Upon failure to comply
18 with the order of the district judge, the
court may compel obedience by
19 attachment for contempt as in the case of
disobedience of a similar order
20 or subpoena issued by the court. A subpoena
may be served upon any
21 person named therein anywhere within the
state with the same fees and
22 mileage by an officer authorized to serve
subpoenas in civil actions in the
23 same procedure as is prescribed by the code
of civil procedure for sub-
24 poenas issued out of the district courts of
this state.
25
(e) Compensation and expenses. Members of the board of
nursing
26 attending meetings of such board, or
attending a subcommittee meeting
27 thereof authorized by such board, shall be
paid compensation, subsistence
28 allowances, mileage and other expenses as
provided in K.S.A. 75-3223,
29 and amendments thereto.
30 Sec.
9. K.S.A. 74-1504 is hereby amended to read as follows:
74-
31 1504. (a) The board shall administer and
enforce the provisions of the
32 optometry law, and the board is hereby
granted such specific powers as
33 are necessary for the purpose of
administering and enforcing such law.
34 In addition, the board may:
35 (1) Employ
agents, attorneys and inspectors under such rules and
36 regulations as the board may prescribe in
accordance with the provisions
37 of the optometry law, except that no state
officer shall be eligible for
38 employment by the board.
39 (2) Make all
necessary disbursements, to carry out the provisions of
40 this act, including payment for stationery
supplies, acquire all necessary
41 optical instruments to be used in the
conducting of examination, print
42 and distribute to all optometrists in the
state a yearbook of the names
43 and addresses of all optometrists licensed
by the board.
13
1 (3) Grant
all licenses as seem just and proper and to suspend, limit,
2 revoke or refuse to renew any such
licenses granted for any of the causes
3 specified under K.S.A. 65-1506 and
amendments thereto.
4
(4) Investigate any complaint. The complaint shall be in
writing and
5 shall contain the complainant's
name and legal address.
6
(4) (5) Administer oaths and take
testimony upon granting or refusing
7 to grant, revoking, limiting or
suspending licenses.
8
(5) (6) Issue subpoenas, compel the
attendance of witnesses and the
9 production of any papers, books,
accounts, documents and testimony, and
10 to cause the deposition of witnesses,
either residing within or without the
11 state, to be taken in the manner prescribed
by law for taking depositions
12 in civil actions in the district courts. In
case of disobedience on the part
13 of any person to comply with any subpoena
issued in behalf of the board,
14 or on the refusal of any witness to testify
to any matters regarding which
15 such witness may be lawfully interrogated,
the judge of the district court
16 of any county, on application of a member
of the board, may compel
17 obedience by proceedings for contempt, as
in the case of disobedience
18 of the requirements of a subpoena issued
from such court or a refusal to
19 testify in such court. Each witness who
appears before the board by the
20 board's order or subpoena, other than a
state officer or employee, shall
21 receive for attendance the fees and mileage
provided for witnesses in civil
22 cases in courts of record which shall be
audited and paid upon the pres-
23 entation of proper vouchers sworn to by
such witnesses and approved by
24 the president and secretary-treasurer of
the board.
25 (6)
(7) Adopt rules and regulations for the procedure and
conduct of
26 the board and for the administration of the
optometry law, which rules
27 and regulations shall not be inconsistent
with the provisions of the op-
28 tometry law.
29 (b) The board
shall meet at least annually for the purpose of exam-
30 ining applicants for licensure. Such
meetings shall be held in Topeka. At
31 least 30 days prior to the examination, the
board shall cause a special
32 notice to be published in the Kansas
register stating the date and hour
33 for holding such examination. Special
meetings shall be held at such times
34 and places as the board may direct.
35 (c) The board
shall preserve an accurate record of all meetings and
36 proceedings of the board including receipts
and disbursements with
37 vouchers therefor and complete minutes of
all prosecutions and violations
38 of the optometry law and of examinations
held under the provisions of
39 the optometry law and an accurate inventory
of all property of the board.
40 All such records shall be kept in the
office of the board and made acces-
41 sible to the public.
42 Sec. 10. K.S.A. 65-1826,
65-2839a and 74-1504 and K.S.A. 1999
43 Supp. 47-821, 58-4118, 65-1467, 65-1627j,
65-3503 and 74-1106 are
14
1 hereby repealed.
2 Sec. 11. This act
shall take effect and be in force from and after its
3 publication in the statute book.