CHAPTER 141
SENATE BILL No. 190
An Act concerning the Kansas healing arts act; relating to the
expiration date of licenses,
temporary and postgraduate permits and fees; concerning licensure
of certain persons;
concerning institutional licenses; amending K.S.A. 1999 Supp.
65-2809, 65-2811, 65-
2836, 65-2837, 65-2852 and 65-2895 and repealing the existing
sections; also repealing
K.S.A. 1999 Supp. 65-2837b.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
65-2809 is hereby amended to read as
follows: 65-2809. (a) The license shall expire on the date
established by
rules and regulations of the board which may provide renewal
throughout
the year on a continuing basis. In each case in which a license is
renewed
for a period of time of more or less than one
year 12 months, the board
may prorate the amount of the fee established under K.S.A. 65-2852
and
amendments thereto. The request for renewal shall be on a form
provided
by the board and shall be accompanied by the prescribed fee, which
shall
be paid not later than the expiration date of the license.
(b) Except as otherwise provided in this
section, the board shall re-
quire every licensee in the active practice of the healing arts
within the
state to submit evidence of satisfactory completion of a program of
con-
tinuing education required by the board. The requirements for
continuing
education for licensees of each branch of the healing arts shall be
estab-
lished by rules and regulations adopted by the board.
(c) The board, prior to renewal of a
license, shall require the licensee,
if in the active practice of the healing arts within the state, to
submit to
the board evidence satisfactory to the board that the licensee is
maintain-
ing a policy of professional liability insurance as required by
K.S.A. 40-
3402 and amendments thereto and has paid the
annual premium sur-
charge surcharges as required by K.S.A.
40-3404 and amendments
thereto.
(d) At least 30 days before the
expiration of a licensee's license, the
board shall notify the licensee of the expiration by mail addressed
to the
licensee's last mailing address as noted upon the office records.
If the
licensee fails to pay the annual renewal
fee by the date of the expiration
of the license, the licensee shall be given a second notice that
the li-
censee's license has expired, that the license will be deemed
canceled if
not renewed within 30 days following the date of expiration, that
upon
receipt of the annual renewal fee and an
additional fee established by
rules and regulations of the board not to exceed $500 within the
thirty-
day period the license will not be canceled and that, if both fees
are not
received within the thirty-day period, the license shall be deemed
can-
celed by operation of law and without further proceedings.
(e) Any license canceled for failure to
renew may be reinstated within
two years of cancellation upon recommendation of the board and
upon
payment of the renewal fees then due and upon proof of compliance
with
the continuing educational requirements established by the board
by
rules and regulations. Any person who has not been in the active
practice
of the branch of the healing arts for which reinstatement is sought
or who
has not been engaged in a formal educational program during the
two
years preceding the application for reinstatement may be required
to
complete such additional testing, training or education as the
board may
deem necessary to establish the licensee's present ability to
practice with
reasonable skill and safety.
(f) There is hereby created a designation
of exempt license. The
board is authorized to issue an exempt license to any licensee who
makes
written application for such license on a form provided by the
board and
remits the fee for an exempt license established pursuant to K.S.A.
65-
2852 and amendments thereto. The board may issue an exempt
license
to a person who is not regularly engaged in the practice of the
healing
arts in Kansas and who does not hold oneself out to the public as
being
professionally engaged in such practice. An exempt license shall
entitle
the holder to all privileges attendant to the branch of the healing
arts for
which such license is issued. Each exempt license may be renewed
an-
nually subject to the provisions of this section.
Each exempt licensee shall
be subject to all provisions of the healing arts act, except as
otherwise
provided in this subsection (f). The holder of an exempt license
shall not
be required to submit evidence of satisfactory completion of a
program
of continuing education required by this section. Each exempt
licensee
may apply for a license to regularly engage in the practice of the
appro-
priate branch of the healing arts upon filing a written application
with
the board. The request shall be on a form provided by the board
and
shall be accompanied by the license fee established pursuant to
K.S.A.
65-2852 and amendments thereto. For the licensee whose license
has
been exempt for less than two years, the board shall adopt rules
and
regulations establishing appropriate continuing education
requirements
for exempt licensees to become licensed to regularly practice the
healing
arts within Kansas. Any licensee whose license has been exempt for
more
than two years and who has not been in the active practice of the
healing
arts or engaged in a formal educational program since the license
has
been exempt may be required to complete such additional testing,
train-
ing or education as the board may deem necessary to establish the
li-
censee's present ability to practice with reasonable skill and
safety. Noth-
ing in this subsection (f) shall be construed to prohibit a person
holding
an exempt license from serving as a coroner or as a paid employee
of (1)
a local health department as defined by K.S.A. 65-241 and
amendments
thereto, or (2) an indigent health care clinic as defined by K.S.A.
75-6102
and amendments thereto.
(g) There is hereby created a designation
of inactive license. The
board is authorized to issue an inactive license to any licensee
who makes
written application for such license on a form provided by the
board and
remits the fee for an inactive license established pursuant to
K.S.A. 65-
2852 and amendments thereto. The board may issue an inactive
license
only to a person who is not regularly engaged in the practice of
the healing
arts in Kansas, who does not hold oneself out to the public as
being
professionally engaged in such practice and who meets the
definition of
inactive health care provider as defined in K.S.A. 40-3401 and
amend-
ments thereto. An inactive license shall not entitle the holder to
practice
the healing arts in this state. Each inactive license may be
renewed an-
nually subject to the provisions of this section.
Each inactive licensee shall
be subject to all provisions of the healing arts act, except as
otherwise
provided in this subsection (g). The holder of an inactive license
shall not
be required to submit evidence of satisfactory completion of a
program
of continuing education required by K.S.A. 65-2809 and
amendments
thereto. Each inactive licensee may apply for a license to
regularly engage
in the practice of the appropriate branch of the healing arts upon
filing
a written application with the board. The request shall be on a
form
provided by the board and shall be accompanied by the license fee
es-
tablished pursuant to K.S.A. 65-2852 and amendments thereto. For
those
licensees whose license has been inactive for less than two years,
the
board shall adopt rules and regulations establishing appropriate
contin-
uing education requirements for inactive licensees to become
licensed to
regularly practice the healing arts within Kansas. Any licensee
whose li-
cense has been inactive for more than two years and who has not
been
in the active practice of the healing arts or engaged in a formal
education
program since the licensee has been inactive may be required to
complete
such additional testing, training or education as the board may
deem
necessary to establish the licensee's present ability to practice
with rea-
sonable skill and safety.
(h) There is hereby created a designation
of federally active license.
The board is authorized to issue a federally active license to any
licensee
who makes written application for such license on a form provided
by the
board and remits the same fee required for a license established
under
K.S.A. 65-2852 and amendments thereto. The board may issue a
federally
active license only to a person who meets all the requirements for
a license
to practice the healing arts in Kansas and who practices that
branch of
the healing arts solely in the course of employment or active duty
in the
United States government or any of its departments, bureaus or
agencies
or who, in addition to such employment or assignment, provides
profes-
sional services as a charitable health care provider as defined
under K.S.A.
75-6102 and amendments thereto. The provisions of subsections
(a), (b),
(d) and (e) of this section relating to continuing education,
expiration and
renewal of a license shall be applicable to a federally active
license issued
under this subsection. A person who practices under a federally
active
license shall not be deemed to be rendering professional service as
a
health care provider in this state for purposes of K.S.A. 40-3402
and
amendments thereto.
Sec. 2. K.S.A. 1999 Supp. 65-2811
is hereby amended to read as
follows: 65-2811. (a) The board may issue a temporary permit to
practice
the appropriate branch of the healing arts to any person who has
made
proper application for a license by endorsement, has the required
quali-
fications for such license and has paid the prescribed fees, and
such per-
mit, when issued, shall authorize the person receiving the permit
to prac-
tice within the limits of the permit until the license is issued or
denied
by the board, but no more than one such temporary permit shall be
issued
to any one person without the approval of 2/3 of the members of the
board.
(b) The board may issue a postgraduate
permit to practice the ap-
propriate branch of the healing arts to any person who is engaged
in a
full time, approved postgraduate training program; has made proper
ap-
plication for such postgraduate permit upon forms approved by the
board;
meets all qualifications of licensure, except the examinations
required
under K.S.A. 65-2873 and amendments thereto and postgraduate
train-
ing, as required by this act; has paid the prescribed fees
established by
the board for such postgraduate permit; has passed such
examinations in
the basic and clinical sciences approved under rules and
regulations
adopted by the board; and, if the person is a graduate of a foreign
medical
school, has passed an examination given by the educational
commission
for foreign medical graduates.
(c) The postgraduate permit issued under
subsection (b), when is-
sued, shall be valid for a period not to exceed 36 months
and shall au-
thorize the person receiving the permit to practice the appropriate
branch
of the healing arts in the postgraduate training program while
continu-
ously so engaged but shall not authorize the person receiving the
permit
to engage in the private practice of the healing arts.
(d) A postgraduate permit issued under
subsection (b) shall be can-
celed if:
(1) The holder thereof ceases to be
engaged in the postgraduate train-
ing program; or
(2) the holder thereof has engaged in the
practice of the healing arts
outside of the postgraduate training program.
Sec. 3. K.S.A. 1999 Supp. 65-2852
is hereby amended to read as
follows: 65-2852. The following fees shall be established by the
board by
rules and regulations and collected by the board:
(a) For a license, issued upon the basis
of an examination given by
the board, in a sum of not more than $300;
(b) for a license, issued without
examination and by endorsement, in
a sum of not more than $300;
(c) for a license, issued upon a
certificate from the national boards,
in a sum of not more than $300;
(d) for the annual
renewal of a license, the sum of not more than
$300 $500;
(e) for a temporary permit, in a sum of
not more than $60;
(f) for an institutional license, in a
sum of not more than $300;
(g) for a visiting professor temporary
license, in a sum of not more
than $50;
(h) for a certified statement from the
board that a licensee is licensed
in this state, the sum of not more than $30;
(i) for any copy of any license issued by
the board, the sum of not
more than $30;
(j) for any examination given by the
board, a sum in an amount equal
to the cost to the board of the examination;
(k) for application for and issuance of a
special permit under K.S.A.
65-2811a and amendments thereto, the sum of not more than $60;
(l) for an exempt or inactive license or
renewal of an exempt or in-
active license, the sum of not more than $150;
(m) for conversion of an exempt or
inactive license to a license to
practice the healing arts, the sum of not more than $300;
(n) for reinstatement of a revoked
license, in a sum of not more than
$1,000;
(o) for a visiting clinical professor
license, or renewal of a visiting
clinical professor license, in a sum of not more than $300;
(p) for a postgraduate permit in a sum of
not more than $60;
(q) for a limited permit or renewal of a
limited permit, the sum of
not more than $60; and
(r) for a written verification of any
license or permit, the sum of not
more than $25.
Sec. 4. K.S.A. 1999 Supp. 65-2895
is hereby amended to read as
follows: 65-2895. (a) There is hereby created a designation of
institutional
license which may be issued by the board to a person who is a
graduate
of an accredited school of the healing arts or a school which has
been in
operation for not less than 15 years and the graduates of which
have been
licensed in another state or states which have standards similar to
Kansas
and who is employed as provided in this section. Subject to the
restrictions
of this section, the institutional license shall confer upon the
holder the
right and privilege to practice that branch of the healing arts in
which the
holder of the institutional license is proficient and shall
obligate the holder
to comply with all requirements of such license. The practice
privileges
of institutional license holders are restricted as follows: The
institutional
license shall be valid only during the period in which the
holder is: (1)
The holder is employed by the department of social and
rehabilitation
services, employed by any institution within the department of
corrections
or employed pursuant to a contract entered into by the department
of
social and rehabilitation services or the department of corrections
with a
third party, and only within the institution to which the holder is
assigned;
or (2) the holder was issued an
institutional license prior to the effective
date of this act May 8, 1997, and is
employed to provide mental health
services in the employ of a Kansas licensed community mental
health
center, or one of its contracted affiliates, or a federal, state,
county or
municipal agency, or other political subdivision, or a contractor
of a fed-
eral, state, county or municipal agency, or other political
subdivision, or
a duly chartered educational institution, or a medical care
facility licensed
under K.S.A. 65-425 et seq, and amendments thereto, in a
psychiatric
hospital licensed under K.S.A. 75-3307b and amendments thereto, or
a
contractor of such educational institution, medical care facility
or psychi-
atric hospital, and whose practice, in any such employment, is
limited to
providing mental health services, is a part of the duties of such
licensee's
paid position and is performed solely on behalf of the employer;
or (3)
the holder was issued an institutional license prior to May 8,
1997, and
is providing mental health services pursuant to a written
protocol with a
person who holds a license to practice medicine and surgery
other than
an institutional license.
(b) An institutional license shall be
valid for a period of two years
after the date of issuance and may be renewed if the applicant for
renewal
is eligible to obtain an institutional license under this section,
has suc-
cessfully completed the examination required under subsection
(a)(3) of
K.S.A. 65-2873 and amendments thereto and has submitted evidence
of
satisfactory completion of a program of continuing education
required by
the board. The board shall require each applicant for renewal of an
in-
stitutional license under this section to submit evidence of
satisfactory
completion of a program of continuing education required by the
board
of licensees of the branch of the healing arts in which the
applicant is
proficient.
(c) Notwithstanding the provisions of
subsection (b), an institutional
license may be renewed once for two years if the holder was
issued an
institutional license prior to May 8, 1997, has successfully
completed two
years of postgraduate training in the United States and has
submitted
evidence of satisfactory completion of a program of continuing
education
required by the board.
(c) (d) This
section shall be a part of and supplemental to the Kansas
healing arts act.
Sec. 5. K.S.A. 1999 Supp. 65-2836
is hereby amended to read as
follows: 65-2836. A licensee's license may be revoked, suspended or
lim-
ited, or the licensee may be publicly or privately censured, or an
appli-
cation for a license or for reinstatement of a license may be
denied upon
a finding of the existence of any of the following grounds:
(a) The licensee has committed fraud or
misrepresentation in apply-
ing for or securing an original, renewal or reinstated license.
(b) The licensee has committed an act of
unprofessional or dishon-
orable conduct or professional incompetency.
(c) The licensee has been convicted of a
felony or class A misde-
meanor, whether or not related to the practice of the healing arts.
The
board shall revoke a licensee's license following conviction of
a felony
occurring after July 1, 2000, unless a 2/3 majority of the board
members
present and voting determine by clear and convincing evidence
that such
licensee will not pose a threat to the public in such person's
capacity as a
licensee and that such person has been sufficiently
rehabilitated to war-
rant the public trust. In the case of a person who has been
convicted of a
felony and who applies for an original license or to reinstate a
canceled
license, the application for a license shall be denied unless a
2/3 majority
of the board members present and voting on such application
determine
by clear and convincing evidence that such person will not pose
a threat
to the public in such person's capacity as a licensee and that
such person
has been sufficiently rehabilitated to warrant the public
trust.
(d) The licensee has used fraudulent or
false advertisements.
(e) The licensee is addicted to or has
distributed intoxicating liquors
or drugs for any other than lawful purposes.
(f) The licensee has willfully or
repeatedly violated this act, the phar-
macy act of the state of Kansas or the uniform controlled
substances act,
or any rules and regulations adopted pursuant thereto, or any rules
and
regulations of the secretary of health and environment which are
relevant
to the practice of the healing arts.
(g) The licensee has unlawfully invaded
the field of practice of any
branch of the healing arts in which the licensee is not licensed to
practice.
(h) The licensee has engaged in the
practice of the healing arts under
a false or assumed name, or the impersonation of another
practitioner.
The provisions of this subsection relating to an assumed name shall
not
apply to licensees practicing under a professional corporation or
other
legal entity duly authorized to provide such professional services
in the
state of Kansas.
(i) The licensee has the inability to
practice the branch of the healing
arts for which the licensee is licensed with
reasonable skill and safety to
patients by reason of physical or mental illness, or
condition alcoholism,
excessive or use of alcohol,
drugs, or controlled substances,
chemical or
any other type of material or as a result of any mental or
physical con-
dition. In determining whether or not such
inability exists, the board,
upon reasonable suspicion of such inability, shall have authority
to compel
a licensee to submit to mental or physical examination or drug
screen, or
any combination thereof, by such persons as the board may
designate
either in the course of an investigation or a disciplinary
proceeding. To
determine whether reasonable suspicion of such inability exists,
the in-
vestigative information shall be presented to the board as a whole,
to a
review committee of professional peers of the licensee established
pur-
suant to K.S.A. 65-2840c and amendments thereto or to a
committee
consisting of the officers of the board elected pursuant to K.S.A.
65-2818
and amendments thereto and the executive director appointed
pursuant
to K.S.A. 65-2878 and amendments thereto, and the
or to a presiding
officer authorized pursuant to K.S.A. 77-514 and amendments
thereto.
The determination shall be made by a majority vote of the
entity which
reviewed the investigative information. Information submitted to
the
board as a whole or a review committee of peers or a committee of
the
officers and executive director of the board and all reports,
findings and
other records shall be confidential and not subject to discovery by
or
release to any person or entity. The licensee shall submit to the
board a
release of information authorizing the board to obtain a report of
such
examination or drug screen, or both. A person affected by this
subsection
shall be offered, at reasonable intervals, an opportunity to
demonstrate
that such person can resume the competent practice of the healing
arts
with reasonable skill and safety to patients. For the purpose of
this sub-
section, every person licensed to practice the healing arts and who
shall
accept the privilege to practice the healing arts in this state by
so prac-
ticing or by the making and filing of an annual
a renewal to practice the
healing arts in this state shall be deemed to have consented to
submit to
a mental or physical examination or a drug screen, or any
combination
thereof, when directed in writing by the board and further to have
waived
all objections to the admissibility of the testimony, drug screen
or ex-
amination report of the person conducting such examination or
drug
screen, or both, at any proceeding or hearing before the board on
the
ground that such testimony or examination or drug screen report
consti-
tutes a privileged communication. In any proceeding by the board
pur-
suant to the provisions of this subsection, the record of such
board pro-
ceedings involving the mental and physical examination or drug
screen,
or any combination thereof, shall not be used in any other
administrative
or judicial proceeding.
(j) The licensee has had a license to
practice the healing arts revoked,
suspended or limited, has been censured or has had other
disciplinary
action taken, or an application for a license denied, by the proper
licensing
authority of another state, territory, District of Columbia, or
other coun-
try, a certified copy of the record of the action of the other
jurisdiction
being conclusive evidence thereof.
(k) The licensee has violated any lawful
rule and regulation promul-
gated by the board or violated any lawful order or directive of the
board
previously entered by the board.
(l) The licensee has failed to report or
reveal the knowledge required
to be reported or revealed under K.S.A. 65-28,122 and
amendments
thereto.
(m) The licensee, if licensed to practice
medicine and surgery, has
failed to inform in writing a patient suffering from any
form of abnor-
mality of the breast tissue for which surgery is a recommended form
of
treatment, of alternative methods of treatment specified in
the standard-
ized summary supplied by the board. The standardized
summary shall be
given to each patient specified herein as soon as
practicable and medically
indicated following diagnosis, and this shall constitute
compliance with
the requirements of this subsection. The board shall
develop and distrib-
ute to persons licensed to practice medicine and surgery a
standardized
summary of the alternative methods of treatment known to
the board at
the time of distribution of the standardized summary,
including surgical,
radiological or chemotherapeutic treatments or combinations
of treat-
ments and the risks associated with each of these methods.
Nothing in
this subsection shall be construed or operate to empower or
authorize
the board to restrict in any manner the right of a person
licensed to
practice medicine and surgery to recommend a method of
treatment or
to restrict in any manner a patient's right to select a
method of treatment.
The standardized summary shall not be construed as a
recommendation
by the board of any method of treatment. The preceding
sentence or
words having the same meaning shall be printed as a part of
the stan-
dardized summary. The provisions of this subsection shall
not be effective
until the standardized written summary provided for in this
subsection is
developed and printed and made available by the board to
persons li-
censed by the board to practice medicine and
surgery recognized by li-
censees of the same profession in the same or similar
communities as being
acceptable under like conditions and circumstances.
(n) The licensee has cheated on or
attempted to subvert the validity
of the examination for a license.
(o) The licensee has been found to be
mentally ill, disabled, not guilty
by reason of insanity, not guilty because the licensee suffers from
a mental
disease or defect or incompetent to stand trial by a court of
competent
jurisdiction.
(p) The licensee has prescribed, sold,
administered, distributed or
given a controlled substance to any person for other than medically
ac-
cepted or lawful purposes.
(q) The licensee has violated a federal
law or regulation relating to
controlled substances.
(r) The licensee has failed to furnish
the board, or its investigators or
representatives, any information legally requested by the
board.
(s) Sanctions or disciplinary actions
have been taken against the li-
censee by a peer review committee, health care facility, a
governmental
agency or department or a professional association or society for
acts or
conduct similar to acts or conduct which would constitute grounds
for
disciplinary action under this section.
(t) The licensee has failed to report to
the board any adverse action
taken against the licensee by another state or licensing
jurisdiction, a peer
review body, a health care facility, a professional association or
society, a
governmental agency, by a law enforcement agency or a court for
acts or
conduct similar to acts or conduct which would constitute grounds
for
disciplinary action under this section.
(u) The licensee has surrendered a
license or authorization to practice
the healing arts in another state or jurisdiction, has surrendered
the au-
thority to utilize controlled substances issued by any state or
federal
agency, has agreed to a limitation to or restriction of privileges
at any
medical care facility or has surrendered the licensee's membership
on any
professional staff or in any professional association or society
while under
investigation for acts or conduct similar to acts or conduct which
would
constitute grounds for disciplinary action under this section.
(v) The licensee has failed to report to
the board surrender of the
licensee's license or authorization to practice the healing arts in
another
state or jurisdiction or surrender of the licensee's membership on
any
professional staff or in any professional association or society
while under
investigation for acts or conduct similar to acts or conduct which
would
constitute grounds for disciplinary action under this section.
(w) The licensee has an adverse judgment,
award or settlement
against the licensee resulting from a medical liability claim
related to acts
or conduct similar to acts or conduct which would constitute
grounds for
disciplinary action under this section.
(x) The licensee has failed to report to
the board any adverse judg-
ment, settlement or award against the licensee resulting from a
medical
malpractice liability claim related to acts or conduct similar to
acts or
conduct which would constitute grounds for disciplinary action
under this
section.
(y) The licensee has failed to maintain a
policy of professional liability
insurance as required by K.S.A. 40-3402 or 40-3403a and
amendments
thereto.
(z) The licensee has failed to pay the
annual premium surcharge
sur-
charges as required by K.S.A. 40-3404 and amendments
thereto.
(aa) The licensee has knowingly submitted
any misleading, deceptive,
untrue or fraudulent representation on a claim form, bill or
statement.
(bb) The licensee as the responsible
physician for a physician's assis-
tant has failed to adequately direct and supervise the physician's
assistant
in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and
amend-
ments thereto, or rules and regulations adopted under such
statutes.
(cc) The licensee has assisted suicide in
violation of K.S.A. 21-3406
as established by any of the following:
(A) A copy of the record of criminal
conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of
contempt of court for
violating an injunction issued under K.S.A. 1998
1999 Supp. 60-4404 and
amendments thereto.
(C) A copy of the record of a judgment
assessing damages under
K.S.A. 1998 1999 Supp. 60-4405 and
amendments thereto.
Sec. 6. K.S.A. 1999 Supp. 65-2837
is hereby amended to read as
follows: 65-2837. As used in K.S.A. 65-2836, and amendments
thereto,
and in this section:
(a) ``Professional incompetency''
means:
(1) One or more instances involving
failure to adhere to the appli-
cable standard of care to a degree which constitutes gross
negligence, as
determined by the board.
(2) Repeated instances involving failure
to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence,
as
determined by the board.
(3) A pattern of practice or other
behavior which demonstrates a
manifest incapacity or incompetence to practice medicine.
(b) ``Unprofessional conduct'' means:
(1) Solicitation of professional
patronage through the use of fraudu-
lent or false advertisements, or profiting by the acts of those
representing
themselves to be agents of the licensee.
(2) Representing to a patient that a
manifestly incurable disease, con-
dition or injury can be permanently cured.
(3) Assisting in the care or treatment of
a patient without the consent
of the patient, the attending physician or the patient's legal
representa-
tives.
(4) The use of any letters, words, or
terms, as an affix, on stationery,
in advertisements, or otherwise indicating that such person is
entitled to
practice a branch of the healing arts for which such person is not
licensed.
(5) Performing, procuring or aiding and
abetting in the performance
or procurement of a criminal abortion.
(6) Willful betrayal of confidential
information.
(7) Advertising professional superiority
or the performance of pro-
fessional services in a superior manner.
(8) Advertising to guarantee any
professional service or to perform
any operation painlessly.
(9) Participating in any action as a
staff member of a medical care
facility which is designed to exclude or which results in the
exclusion of
any person licensed to practice medicine and surgery from the
medical
staff of a nonprofit medical care facility licensed in this state
because of
the branch of the healing arts practiced by such person or without
just
cause.
(10) Failure to effectuate the
declaration of a qualified patient as
provided in subsection (a) of K.S.A. 65-28,107, and amendments
thereto.
(11) Prescribing, ordering, dispensing,
administering, selling, supply-
ing or giving any amphetamines or sympathomimetic amines, except
as
authorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud
or harm the public.
(13) Making a false or misleading
statement regarding the licensee's
skill or the efficacy or value of the drug, treatment or remedy
prescribed
by the licensee or at the licensee's direction in the treatment of
any dis-
ease or other condition of the body or mind.
(14) Aiding or abetting the practice of
the healing arts by an unli-
censed, incompetent or impaired person.
(15) Allowing another person or
organization to use the licensee's
license to practice the healing arts.
(16) Commission of any act of sexual
abuse, misconduct or exploita-
tion related to the licensee's professional practice.
(17) The use of any false, fraudulent or
deceptive statement in any
document connected with the practice of the healing arts including
the
intentional falsifying or fraudulent altering of a patient or
medical care
facility record.
(18) Obtaining any fee by fraud, deceit
or misrepresentation.
(19) Directly or indirectly giving or
receiving any fee, commission,
rebate or other compensation for professional services not actually
and
personally rendered, other than through the legal functioning of
lawful
professional partnerships, corporations or associations.
(20) Failure to transfer patient records
to another licensee when re-
quested to do so by the subject patient or by such patient's
legally des-
ignated representative.
(21) Performing unnecessary tests,
examinations or services which
have no legitimate medical purpose.
(22) Charging an excessive fee for
services rendered.
(23) Prescribing, dispensing,
administering, distributing a prescrip-
tion drug or substance, including a controlled substance, in an
excessive,
improper or inappropriate manner or quantity or not in the course
of the
licensee's professional practice.
(24) Repeated failure to practice healing
arts with that level of care,
skill and treatment which is recognized by a reasonably prudent
similar
practitioner as being acceptable under similar conditions and
circum-
stances.
(25) Failure to keep written medical
records which accurately de-
scribe the services rendered to the patient, including patient
histories,
pertinent findings, examination results and test results.
(26) Delegating professional
responsibilities to a person when the
licensee knows or has reason to know that such person is not
qualified by
training, experience or licensure to perform them.
(27) Using experimental forms of therapy
without proper informed
patient consent, without conforming to generally accepted criteria
or stan-
dard protocols, without keeping detailed legible records or without
having
periodic analysis of the study and results reviewed by a committee
or
peers.
(28) Prescribing, dispensing,
administering or distributing an ana-
bolic steroid or human growth hormone for other than a valid
medical
purpose. Bodybuilding, muscle enhancement or increasing muscle
bulk
or strength through the use of an anabolic steroid or human growth
hor-
mone by a person who is in good health is not a valid medical
purpose.
(29) Referring a patient to a health care
entity for services if the
licensee has a significant investment interest in the health care
entity,
unless the licensee informs the patient in writing of such
significant in-
vestment interest and that the patient may obtain such services
elsewhere.
(30) Failing to properly supervise,
direct or delegate acts which con-
stitute the healing arts to persons who perform professional
services pur-
suant to such licensee's direction, supervision, order, referral,
delegation
or practice protocols.
(31) Violating K.S.A. 65-6703 and
amendments thereto.
(c) ``False advertisement'' means any
advertisement which is false,
misleading or deceptive in a material respect. In determining
whether
any advertisement is misleading, there shall be taken into account
not
only representations made or suggested by statement, word, design,
de-
vice, sound or any combination thereof, but also the extent to
which the
advertisement fails to reveal facts material in the light of such
represen-
tations made.
(d) ``Advertisement'' means all
representations disseminated in any
manner or by any means, for the purpose of inducing, or which are
likely
to induce, directly or indirectly, the purchase of professional
services.
(e) ``Licensee'' for purposes of this
section and K.S.A. 65-2836, and
amendments thereto, shall mean all persons issued a license, permit
or
special permit pursuant to article 28 of chapter 65 of the Kansas
Statutes
Annotated.
(f) ``License'' for purposes of this
section and K.S.A. 65-2836, and
amendments thereto, shall mean any license, permit or special
permit
granted under article 28 of chapter 65 of the Kansas Statutes
Annotated.
(g) ``Health care entity'' means any
corporation, firm, partnership or
other business entity which provides services for diagnosis or
treatment
of human health conditions and which is owned separately from a
refer-
ring licensee's principle practice.
(h) ``Significant investment interest''
means ownership of at least 10%
of the value of the firm, partnership or other business entity
which owns
or leases the health care entity, or ownership of at least 10% of
the shares
of stock of the corporation which owns or leases the health care
entity.
Sec. 7. K.S.A. 1999 Supp. 65-2809, 65-2811,
65-2836, 65-2837, 65-
2837b, 65-2852 and 65-2895 are hereby repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 15, 2000.
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