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The Kansas State Board of Healing Arts is comprised of 15 members
appointed by the Governor, 12 licensees, and three members from
the general public. The Board licenses or registers 13 health care
professions and out-of-state contact lens distributors. The mission
of the Board is to protect the public by requiring those professionals
to meet and maintain certain qualifications and standards of conduct.
Who does the Board regulate?
- Medical Doctors
- Osteopathic Doctors
- Chiropractic Doctors
- Podiatric Doctors
- Physicians' Assistants
- Physical Therapists
- Physical Therapist Assistants
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- Occupational Therapists
- Occupational Therapy Assistants
- Respiratory Therapists
- Athletic Trainers
- Naturopathic Doctors
- Contact Lens Distributors
- Radiologic Technologists (effective July 1, 2005)
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The Board does not have disciplinary jurisdiction over other health
care professions, hospitals, and other health care facilities. When
a complaint is received by the Kansas State Board of Healing Arts,
staff for the Board 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.
Examples of Prohibited Conduct
- Commission of acts of gross negligence or multiple acts of ordinary
negligence.
- Conviction of a felony or Class A misdemeanor.
- Fraudulent or false advertisements.
- Fraudulent billing.
- Prescribing or distributing drugs for other than lawful purposes.
- The inability to practice the healing arts with reasonable skill
and safety to patients by reason of illness, alcoholism, excessive
use of drugs, or any mental or physical condition.
- Sexual abuse, misconduct or exploitation related to that person's
practice.
- Referring a patient to a health care entity for services, if
the licensee/registrant has a significant investment interest
in the entity, (10% ownerships or more) unless the person regulated
by the Board informs the patient of the interest in writing, and
that the patient may obtain such services elsewhere.
- Other acts as proscribed by law .
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.
If you have questions regarding the functions of the Board, call
(785) 296-7413.
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