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ENFORCEMENT AND LITIGATION PROGRAM GOAL:
To secure to the citizens of Kansas the services of competent and trustworthy practitioners by restricting or otherwise affecting the license of those individuals who lack professional competence or have committed other violations of the practice act.
OBJECTIVE #1:
To promptly initiate and vigorously pursue administrative proceedings against licensees and applicants who are in violation of statutes administered by the Board.
Strategies for Objective #1:
- Utilize new FTE Legal Assistant and new FTE full-time attorney position (replaced temporary full-time attorney) authorized for FY08 in the preparation and prosecution of cases authorized for disciplinary hearing.
- Utilize new FTE Legal Assistant authorized for FY 2008 and FTE Legal Assistant approved in FY 2006 to provide litigation support to the three (3) attorneys involved in administratively prosecuting disciplinary matters.
- Explore the possibility of settlement by voluntary consent order/withdrawal of application prior to the filing of any disciplinary proceeding, where appropriate.
- Appoint presiding officer immediately following filing of administrative proceeding. Within 15 days of appointing a presiding officer, schedule a prehearing conference.
- Utilize Board policies on disciplinary remedies for practice on an expired license and for failure of CEU and insurance audits to facilitate prompt and consistent resolution of these types of cases.
- Utilize Board policy allowing for Board acceptance of licensee surrenders/suspensions prior to receiving full Board approval in order to obtain prompt disciplinary action
Performance Measures for Objective #1:
OUTCOME MEASURES:
- Increase in number of Board actions (See Board Action and Hearing Statistics)
- Increase in number of consent orders.
- Increase in number of applications withdrawn and/or denied, where appropriate grounds for denial are identified.
- Appoint Presiding Officer within 24 hours in emergency actions and within 15 days in other cases.
- 100% utilization, where appropriate, of consent orders and final orders that apply the Board policies to determine disciplinary remedies.
- 100% utilization, where appropriate, of surrenders/suspensions which are accepted by the Board prior to receiving full Board approval.
OUTPUT MEASURES:
- Board actions increased as indicated in “Board Action and Hearing Statistics”.
- Number of Consent Orders increased from 33 in FY 2004 to 40 in future years.
- Number of applications withdrawn or denied increased 20 in future years.
- 100% of cases requiring presiding officer appointed in accordance with guidelines. 100% of cases with a presiding officer have a prehearing conference scheduled within 15 days of the appointment.
- Number of Consent Orders and Final Orders that utilize Board policies to determine disciplinary remedies.
- Number of surrenders/suspensions accepted by Board staff prior to receiving full Board approval.
OBJECTIVE #2:
To employ appropriate monitoring and surveillance methods to ensure compliance by those subject to limitations or other requirements imposed by Board order, including the payment of fines and costs, and to identify and take immediate steps against those not in compliance.
Strategies For Objective #2:
- Continue to utilize IT enhancements completed in FY 2005 to develop methods for monitoring and for reporting when monitoring requirements are due.
- Immediate referral of non-compliance for potential disciplinary action.
- Increase informal contact with monitored individuals during compliance period to ensure and maintain their awareness of compliance requirements and obtain consistency in reporting.
Performance Measures For Objective #2:
OUTCOME MEASURES:
- Obtain weekly reports of those not in compliance and those who have requirements that must be met in the next 30 days.
- Responsible attorney notified when individual is in noncompliance with monitoring requirements for 15 days.
OUTPUT MEASURES:
- 100% of weekly reports are generated.
- 100% of noncompliance are reported to responsible attorney in 15 days.
OBJECTIVE #3:
To identify and take prompt action to prevent unlicensed, unauthorized and unlawful practice of professions regulated by the Board, including unlicensed corporations or other entities.
Strategies for Objective #3:
- Employ prioritization methods for conducting investigations, as determined by the potential harm to the public from the continuation of the practice.
- Maintain accurate methods of business organizations authorized to engage in practice.
- Use informal methods and voluntary settlements to prevent further unauthorized practice.
- Utilize new FTE attorney to assist in the prosecution of unlawful practice cases.
Performance Measures for Objective #3:
OUTCOME MEASURES:
- Depending on the potential harm to the public, commence and conclude investigations as designated for emergency cases and high priority cases,
- Utilize enhancements to IT system to place business organizations in Board’s database.
- Increase in number of Board actions (See Board Action and Hearing Statistics).
OUTPUT MEASURES:
- In 100% of all cases, the investigations are commenced and concluded within the time lines stated for emergency and high priority cases.
- Input new information in Board's database within 10 working days.
- Board actions increased as indicated in “Board Action and Hearing Statistics”.
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