complaints

Overview of Complaint Process

  1. Receive Complaint
  2. If Authorized, Open Investigation
  3. Review by the Appropriate Profession’s Review Committee (SOC)
  4. Review by Disciplinary Panel
  5. Close Investigation or Receive Authorization for Further Action
  6. Board Decision

The Complaint Coordinator receives complaints from patients, family members, interested parties, medical staff, co-workers, medical facilities, licensees, or insurance companies, and logs them into a database.  Disciplinary Counsel reviews the complaint and makes an initial determination: the complaint must pertain to the practice of the healing arts, and must allege facts constituting a violation of the laws administered by the Board.  These two requirements are necessary to open a case for investigation. Sometimes the complaint contains insufficient information and more information may be requested of the complainant.  Although many facets are considered, a highly utilized ‘guide’ is, “If the allegation is substantiated, would it constitute a violation of the applicable Practice Act?”   If “yes”, an investigation is opened. If “no”, the complaint is closed. (However, the complaint does remain in the licensee’s database record.)

Once a case is opened, it is investigated by an investigator. This usually involves getting medical records from the licensee/registrant and any health care facilities that is involved. It may also involve interviewing witnesses, visiting facilities, obtaining drug profiles, and getting information from law enforcement or other regulatory agencies, in this state or elsewhere. Board investigations are time consuming and may take several months, depending on the seriousness and complexity of the allegations.

Board investigations are required by law to be confidential, pursuant to K.S.A. 65-2898a. Therefore, there are limits to what information may be released, even to the person making the complaint. The Board has broad authority to obtain information even though the information may otherwise be confidential as a privileged communication. However, other information may be available only with the patient's specific consent.

Once a complaint is investigated, it undergoes a review process. If the issues involves competency, the case may be reviewed by a panel of peers to determine whether the standard of care has been met.

If the issue involves unprofessional conduct (sexual misconduct, false advertising, etc.), the case is reviewed by a staff attorney to determine whether there is sufficient evidence of a violation of the statues and regulations. If there is evidence of a violation, the case is reviewed by a panel of the Board to determine what action, if any, to take. At that time, a petition may be filed against the licensee/registrant. The purpose of the petition is to seek public disciplinary action against the licensee/registrant.

The petition may be heard by a Hearing Officer who will provide an initial determination to the Board about the case. The licensee/registrant or the Board's attorney may then ask the Board to review the case. Either before or after the hearing, the attorneys representing the Board and the licensee/registrant may negotiate an agreement to resolve the case, for submission to the Board for approval. The Board has legal authority to revoke, suspend, or limit licenses/registrations, impose fines, reprimand, require monitoring, or additional education or other remedial measures.

The Board does not represent individuals, nor obtain compensation on behalf of individuals. Each person is free to seek legal representation if they believe it is necessary.

Board investigations and reviews are not subject to discovery by private litigants.

Contact information:
complaints@ksbha.ks.gov
(785) 296-1788

FAQs

Complaint Form - (fillable 128kb)

Complaint Form

 

Complaint/Investigative Flow Chart (PDF)