Kansas State Board of Healing Arts
235 S.W. Topeka Blvd., Topeka, KS 66603-3068
(785) 296-7413   (888) 886-7205
FAX (785) 296-0852

www.ksbha.org
e-mail: healingarts@ink.org

Regular Office Hours (except for official holidays)
Monday through Friday 8:00 a.m. - 4:30 p.m.

OPEN RECORDS POLICY

It is the official policy of the Kansas State Board of Healing Arts that the obligations arising out of the Kansas Open Records Act shall be carried out diligently and in a timely and efficient manner. In furtherance of this policy, and as authorized by K.S.A. 45-220, the Board hereby adopts the following policy for implementing the Kansas Open Records Act.

Notice of Policy to be Posted
A copy of this policy shall be conspicuously posted in the Board office, and a copy or summary of this policy will be made available to any party upon request at no cost.

Brochure to be Available to the Public
A plainly written brochure, containing a basic description of the Board’s responsibilities in providing access to public records, explaining the procedures for inspecting or obtaining a copy of public records, and identifying categories of records that are confidential under federal or state law shall be available at the Board office.

Records Custodian The Executive Director is the official custodian of Board records, and may designate a person to act as official custodian in the Director’s absence. The official custodian or designee is authorized to certify records for the Board. The official custodian or designee shall supervise all inspections and copying of records maintained by the Board. The Executive Director may designate other persons to provide access to or information from public records maintained by the Board. At least one person designated to act on behalf of the records custodian shall be available during regular office hours to carry out the duty of providing access to records.

Freedom of Information Officer
The General Counsel of the Board is the local freedom of information officer and may designate a person to act as local freedom of information officer in the General Counsel’s absence. The freedom of information officer shall provide educational materials to the Board and to the staff to ensure that the intent of both the Kansas Open Records Act and this policy are carried out. The freedom of information officer shall respond to inquiries and to assist the agency and members of the general public in resolving disputes relating to the open records act.

REQUESTING INFORMATION

A request to inspect or copy records must be made in writing to the records custodian. The request must sufficiently identify the record sought and the name and address of the partyrequesting access. For purposes of this policy, a request received at the Board office by fax or e-mail is deemed a written request.

If the person requesting the record is not known to the custodian, proof of identity may be required before any name derived from a record will be released. If proof of identity is required, a copy of such proof will be attached to the request.

Any request for records directed to a member of the staff other than the records custodian or designee shall be forwarded to the records custodian or designee. Any staff member who receives a request for access to a public record may release the requested record in accordance with the Kansas Open Record Act and this policy if authorized by the staff member’s supervisor.

Removal of original records from the office is not permitted without the records custodian’s written permission stating the location where the record will be maintained and the date of return.

Use of names Derived from Public Records
The use of names derived from a public record, whether from a printed roster, other printed record, or electronic record in any form, is limited by K.S.A. 21-3914. If access to a record maintained by the Board reveals an individual’s identity, then the person requesting access may be required to submit an Open Records Request and Certification form (see Appendix III).

Electronically Stored Records
The Board maintains information in multiple electronic data bases, some of which might not be maintained in printed form (see Appendix I). Much of this information is derived from printed records that are also maintained by the Board as provided in the Board’s record retention schedule. When information maintained in electronic form is also available in printed form, the official records custodian may determine the form in which the information will be produced. The Information Resource Specialist is responsible for updating Appendix I at least annually.

Forms
All agency forms required for requesting Board action are open public records.

FEES

Purpose of Charge
Inspection and copying charges are established to compensate the Board for the cost of staff time, copying expenses, and postage. The custodian has discretion to waive payment of costs. No fee will be charged for inspecting or copying a public record when the total calculated cost is less than $10.00 unless required by the custodian. Advance payment in part or in full may be demanded when the estimated cost exceeds $100.00.

Calculation of Costs

a. Staff time
The costs of staff time are calculated at the current market hourly rate, calculated to the nearest quarter hour, within the pay range for the job classification of the employee providing access to the record. The relevant job classifications with their assigned pay ranges are as follows:
Public Service Administrator: (for providing electronically stored records) Range 24
Legal Assistant: (for providing all other records) Range 19

b. Copies
The cost of copies made by the Board is $.25 per page. If it is necessary to use another facility or business for copying, the actual cost will be charged to the person requesting the copy.

c. Fax
There is no additional charge for providing documents by fax. The decision to provide records by fax is at the discretion of the records custodian or designee. Records in excess of 10 pages will not ordinarily be transmitted by fax.

d. Postage
Costs of postage will be charged.

e. Pre-printed rosters
MD (updated September of each year): $7.00
DO & DPM (updated December of each year): $7.00
DC, PA, PT, PTA & AT (updated March of each year): $3.50
OT, OTA & RT (updated August of each year): $ 3.50

f. Forms
Any form prescribed by the Board will be provided at no cost.

RESTRICTIONS ON ACCESS

When Access Will be Denied
The records custodian may refuse to provide access to a record if the request places an unreasonable burden on the agency, if there is reason to believe that repeated requests are intended to disrupt functions of the Board and its operations, or if a provision of law prohibits or restricts disclosure of a record. A refusal based upon an unreasonably burdensome request will not be made without first attempting to contact the person who made the request to narrow the scope of the request.

The records custodian may refuse to provide access to a record for any discretionary reason listed in K.S.A. 45-221(a) and amendments thereto. The Board, upon request, may authorize access to such records.

A list of frequently requested records that will not be released because they are confidential under state or federal law is appended to this policy (see Appendix II).

If a licensee identifies residential address and home telephone number as the mailing address and main contact number, that information will be made available to the public as other open public records. Otherwise, the release of residence addresses and home telephone numbers is deemed to be a potential unwarranted invasion of personal privacy, and release of this information is at the discretion of the board pursuant to K.S.A. 45-221(a)(30). Release of documents containing this information will be restricted to persons who provide written request for this specific information and who provide consent for release of the information signed by the person identified in the public record.

Any person who, in the opinion of the Executive Director, misuses personal information derived from records obtained from the Board will be denied access to public documents that disclose such information about individuals from that time forward. Misuse of personal information includes offering for sale any product or service except as authorized by Kansas law, or contacting the individual identified in the public record in a harassing or threatening manner.

Notice of Denial
If the request for access to records is denied, the records custodian or a designee will provide a detailed written statement notifying the person making the request why access was denied, and where appropriate, will identify the provision of law which prohibits or restricts disclosure.

Hearing and Disciplinary Information
The agency record of any administrative hearing is a public record and is generally available to the public. The agency record consists of pleadings, transcripts, exhibits and any other document considered by the Board and used as a basis for its agency action. Documents in the agency record containing information that is confidential under state or federal law, privileged, or subject to a valid protective order issued by a presiding officer will not be available for inspection of copying, except that such documents will be disclosed if the confidential or privileged information can be deleted, or if a valid and appropriate consent for release of information is given.

If a copy of a transcript made by a certified shorthand reporter is requested, the Board will either (1) forward the request to the reporter; (2) provide sufficient information to the person making the request to allow a copy to be obtained directly from the reporter; or (3) with permission of the reporter, provide a copy of the requested record. The reporter may charge fees for transcripts in accordance with rules of the Kansas Supreme Court.

Licensure Information
The application for initial licensure (by examination, by endorsement, or reinstatement) or registration and all associated documents, and the renewal application and all associated documents are considered public records by the Kansas State Board of Healing Arts. Any portion of the application or renewal application (such as social security number, academic performance records, and confidential disciplinary history) will be deleted from copies of the original record if it discloses information that is confidential or privileged pursuant to federal or state law, or if it discloses the presence or absence of disabilities.

Personnel Records
Release of state employee personnel records is governed by Kansas statute and by rules adopted by the Kansas Secretary of Administration.

This policy supercedes all prior open records policies and customs whether or not adopted in written form.

KANSAS STATE BOARD OF HEALING ARTS

_/s/_______________________________________
Lawrence T. Buening, Jr.
Executive Director

Date ____April 6, 2002___________________________

APPENDIX I

Register of Records Stored Electronically

A. Licensure Data Base
A profile of each licensee and registrant is maintained in the Board’s licensure data base and is a public record. Information includes license status, license number, licensee’s name and mailing address, licensee’s profession, licensee’s specialty (if any), licensee’s year of birth, licensee’s professional school, continuing education year, license expiration date, original license date, degree date, and the existence of a disciplinary file.

B. Professional Corporation / Limited Liability Company Data Base
A data base of licensees and registrants who have formed a professional corporation or professional limited liability company is maintained and is a public record. Information contained in the data base includes licensee name and corporate name. This information is obtained from the Kansas Secretary of State, and is continually updated and available through that office.

C. Complaint Data Base
The Board maintains information in electronic form derived from records of complaints and investigations. This information is confidential under state law.

D. Inventory Data Base
The Board maintains a list of property belonging to the agency. This is a public record.

(2001)APPENDIX II

Records Deemed Confidential

Attorney-client communications
Attorney work product
Complaints to the board
Correspondence
Criminal history identification
Records of presiding officer deliberations
Drug and alcohol treatment records
Grades
Investigative reports and information
KDHE data collection
KDHE healthcare data governing board
Medical malpractice claims, payments, closed claims reports
(Includes reports to Board as required by K.S.A. 40-1126 and 40-3421, but does not
include copies of civil petitions filed in court and provided to the Board as required by
K.S.A. 40-3409)
Medical records of patient care
National practitioner data bank reports
Patient names
Peer review reports, findings, conclusions and actions
Physician-patient privilege
Psychiatric hospital records
Reasonable suspicion proceeding records (regarding impairment by drugs, alcohol, psychiatric
disability)
Risk management reports, findings, conclusions, and actions
Social security numbers

(Amended 4-6-02)

APPENDIX III

OPEN RECORDS REQUEST AND CERTIFICATION

INSTRUCTIONS: Please complete this form for requests of public records maintained by the Kansas State Board of Healing Arts. Access to public records will be acted upon as soon as possible. The Board has until the third business day following receipt of this signed form to respond to a request.

PLEASE CHECK ONE:

_____ (1) I hereby certify that the undersigned and/or any person(s) authorized by the undersigned have no intention to and will not use the requested information for any of the following:

(A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed;

(B) Sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed.

_____ (2) I am authorized by law to offer property or services to persons identified in public records received from the Board. The specific purpose for which I am requesting these public records is as follows:
___________________________________________________________________________________________

___________________________________________________________________________________________

The Board is authorized to require this certification pursuant to K.S.A. 45-220 and L. 2003, Ch. 126, Sec. 2. Violation of this provision may result in civil action by the Attorney General or county or district attorney, and a penalty of up to $500 for each violation.

DATED THIS _____ DAY OF __________ , 20 ___.

___________________________________________
Signature

___________________________________________
(Print or type name)

___________________________________________
(Street Address)
___________________________________________
(City, State, Zip)

For Board Use Only:
Date responded/provided
____________ by ______