State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26207

65-2836

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2836.   Revocation, suspension, limitation ordenial of licenses; censureof licensee; grounds; consent to submit to mental or physical examination ordrug screen, or any combination thereof, implied.A licensee's license may be revoked, suspended or limited, or the licenseemay be publicly or privately censured or placed under probationaryconditions,or an application for a license or forreinstatement of a license may be denied upon a finding of the existence ofany of the following grounds:

      (a)   The licensee has committed fraud or misrepresentationin applying for or securing an original, renewal or reinstatedlicense.

      (b)   The licensee has committed an act of unprofessional ordishonorable conduct or professional incompetency, except that the board maytake appropriate disciplinary action or enter into a non-disciplinaryresolution when a licensee has engaged in any conduct or professional practiceon a single occasion that, if continued, would reasonably be expected toconstituteaninability to practice the healing arts with reasonable skill and safety topatientsor unprofessional conduct as defined inK.S.A. 65-2837, and amendments thereto.

      (c)   The licensee has been convicted of a felony or class A misdemeanor,whether or not related to the practice of the healing arts. The boardshall revoke a licensee's license following conviction of afelony occurring after July 1, 2000, unless a 2/3 majority of the board memberspresent and voting determine by clear and convincing evidence that suchlicensee will not pose a threat to the public in such person's capacity as alicensee and that such person has been sufficiently rehabilitated to warrantthe public trust. In the case of a person who has been convicted of a felonyand who applies for an original license or to reinstate a canceled license, theapplication for a license shall be denied unless a 2/3 majority of the boardmembers present and voting on such application determine by clear andconvincing evidence that such person will not pose a threat to the public insuch person's capacity as a licensee and that suchperson 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 liquorsor drugs for any other than lawful purposes.

      (f)   The licensee has willfully or repeatedly violated this act, thepharmacy act of the state of Kansas or the uniform controlled substancesact, or any rules and regulations adopted pursuant thereto, or any rulesand regulations of the secretary of health and environment which arerelevant to the practice of the healing arts.

      (g)   The licensee has unlawfully invaded the field of practice of anybranch of the healing arts in which the licensee is not licensed to practice.

      (h)   The licensee has engaged in the practice of the healing artsunder a false or assumed name, or the impersonation of another practitioner.The provisions of this subsection relating to an assumed name shall not applyto licensees practicing under a professional corporation or other legalentity duly authorized to provide such professional services in the state ofKansas.

      (i)   The licensee has the inability to practice thehealing arts with reasonable skilland safety to patients by reason of physical or mental illness, orcondition or use of alcohol,drugs or controlled substances. In determiningwhether or not such inability exists, the board, upon reasonable suspicion ofsuch inability, shall have authority to compel a licensee to submit to mentalor physical examination or drug screen, or any combination thereof, by suchpersons as the board may designate either in the course of an investigationor a disciplinary proceeding. To determine whether reasonable suspicion ofsuch inability exists, the investigative information shall be presented to theboard as a whole, to a review committee of professional peers of the licenseeestablished pursuant to K.S.A. 65-2840c and amendments thereto or to acommittee consisting of the officers of the board elected pursuant to K.S.A.65-2818 and amendments thereto and the executive director appointedpursuant to K.S.A. 65-2878 and amendments thereto or to apresiding officer authorized pursuant to K.S.A. 77-514 and amendments thereto.The determination shall be made by a majority vote of the entity whichreviewed the investigative information. Information submitted to the board as awhole or a review committee of peers or a committee of the officers andexecutive director of the board and all reports, findings and other recordsshall be confidential and not subject to discovery by or release to any personor entity. The licensee shall submit to the board a release of informationauthorizing the board to obtain a report of such examination or drug screen, orboth. A person affected by this subsection shall be offered, at reasonableintervals, an opportunity to demonstrate that such person can resume thecompetent practice of the healing arts with reasonable skill and safety topatients. For the purpose of this subsection, every person licensed to practicethe healing arts and who shall accept the privilege to practice the healingarts in this state by so practicing or by the making and filing of arenewal to practice the healing arts in this state shall bedeemed to have consented to submit to a mental or physical examination or adrug screen, or any combination thereof, when directed in writing by the boardand further to have waived all objections to the admissibility of thetestimony, drug screen or examination report of the person conducting suchexamination or drug screen, or both, at any proceeding or hearing before theboard on the ground that such testimony or examination or drug screen reportconstitutes a privileged communication. In any proceeding by the board pursuantto the provisions of this subsection, the record of such board proceedingsinvolving the mental and physical examination or drug screen, or anycombination thereof, shall not be used in any other administrative or judicialproceeding.

      (j)   The licensee has had a license to practice the healing arts revoked,suspended or limited, has been censured or has had other disciplinary actiontaken, or an application for a license denied, by the proper licensingauthority of another state, territory, District of Columbia, or other country,a certified copy of the record of the action of the other jurisdiction beingconclusive evidence thereof.

      (k)   The licensee has violated any lawful rule and regulation promulgated bythe board or violated any lawful order or directive of the board previouslyentered by the board.

      (l)   The licensee has failed to report or reveal the knowledge required to bereported or revealed under K.S.A. 65-28,122 and amendments thereto.

      (m)   The licensee, if licensed to practice medicine and surgery, has failed toinform in writing a patient suffering from any form of abnormality ofthe breast tissue for which surgery is a recommended form of treatment, ofalternative methods of treatment recognized by licensees of the sameprofession in the sameorsimilar communities as being acceptable under like conditions andcircumstances.

      (n)   The licensee has cheated on or attempted to subvert the validity of theexamination for a license.

      (o)   The licensee has been found to be mentally ill, disabled, not guilty byreason of insanity, not guilty because the licensee suffers from a mentaldisease or defect or incompetent to stand trial by a court of competentjurisdiction.

      (p)   The licensee has prescribed, sold, administered, distributed or given acontrolled substance to any person for other than medically accepted or lawfulpurposes.

      (q)   The licensee has violated a federal law or regulation relating tocontrolled substances.

      (r)   The licensee has failed to furnish the board, or its investigators orrepresentatives, any information legally requested by the board.

      (s)   Sanctions or disciplinary actions have been taken against the licensee bya peer review committee, health care facility, a governmental agency ordepartment or a professional association or society for acts or conduct similarto acts or conduct which would constitute grounds for disciplinary action underthis section.

      (t)   The licensee has failed to report to the board any adverse action takenagainst the licensee by another state or licensing jurisdiction, a peer reviewbody, a health care facility, a professional association or society, agovernmental agency, by a law enforcement agency or a court for acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (u)   The licensee has surrendered a license or authorization to practice thehealing arts in another state or jurisdiction, has surrendered the authority toutilize controlled substances issued by any state or federal agency, has agreedto a limitation to or restriction of privileges at any medical care facility orhas surrendered the licensee's membership on any professional staff or in anyprofessional association or society while under investigation for acts orconduct similar to acts or conduct which would constitute grounds fordisciplinary action under this section.

      (v)   The licensee has failed to report to the board surrender of thelicensee's license or authorization to practice the healing arts in anotherstate or jurisdiction or surrender of the licensee's membership on anyprofessional staff or in any professional association or society while underinvestigation for acts or conduct similar to acts or conduct which wouldconstitute grounds for disciplinary action under this section.

      (w)   The licensee has an adverse judgment, award or settlement against thelicensee resulting from a medical liability claim related to acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (x)   The licensee has failed to report to the board any adverse judgment,settlement or award against the licensee resulting from a medical malpracticeliability claim related to acts or conduct similar to acts or conduct whichwould constitute grounds for disciplinary action under this section.

      (y)   The licensee has failed to maintain a policy of professional liabilityinsurance as required by K.S.A. 40-3402 or 40-3403a and amendments thereto.

      (z)   The licensee has failed to pay the premiumsurcharges as required by K.S.A. 40-3404 and amendments thereto.

      (aa)   The licensee has knowingly submitted any misleading, deceptive, untrueor fraudulent representation on a claim form, bill or statement.

      (bb)   The licensee as the responsible physician for aphysician assistanthas failed to adequately direct and supervise thephysician assistant inaccordance withthe physician assistant licensure act or rules and regulations adoptedunder such act.

      (cc)   The licensee has assisted suicide in violation of K.S.A. 21-3406, andamendments thereto, as established by any of the following:

      (A)   A copy of the record of criminal conviction or plea of guilty for afelony 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 aninjunction issued under K.S.A. 60-4404, andamendments thereto.

      (C)   A copy of the record of a judgment assessing damages under K.S.A.60-4405, and amendments thereto.

      History:   L. 1957, ch. 343, § 36;L. 1969, ch. 299, § 10;L. 1972, ch. 231, § 8;L. 1976, ch. 273, § 14;L. 1976, ch. 275, § 1;L. 1979, ch. 198, § 3;L. 1983, ch. 214, § 1;L. 1983, ch. 213, § 7;L. 1984, ch. 236, § 1;L. 1986, ch. 234, § 5;L. 1986, ch. 229, § 41;L. 1986, ch. 239,§ 2;L. 1987, ch. 176, § 5;L. 1987, ch. 239, § 3;L. 1987, ch. 242, § 3;L. 1989, ch. 196, § 1;L. 1991, ch. 192, § 2;L. 1995, ch. 251, § 36;L. 1998, ch. 142, § 12;L. 2000, ch. 141, § 5;L. 2001, ch. 31, § 2;L. 2008, ch. 154, § 6; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26207

65-2836

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2836.   Revocation, suspension, limitation ordenial of licenses; censureof licensee; grounds; consent to submit to mental or physical examination ordrug screen, or any combination thereof, implied.A licensee's license may be revoked, suspended or limited, or the licenseemay be publicly or privately censured or placed under probationaryconditions,or an application for a license or forreinstatement of a license may be denied upon a finding of the existence ofany of the following grounds:

      (a)   The licensee has committed fraud or misrepresentationin applying for or securing an original, renewal or reinstatedlicense.

      (b)   The licensee has committed an act of unprofessional ordishonorable conduct or professional incompetency, except that the board maytake appropriate disciplinary action or enter into a non-disciplinaryresolution when a licensee has engaged in any conduct or professional practiceon a single occasion that, if continued, would reasonably be expected toconstituteaninability to practice the healing arts with reasonable skill and safety topatientsor unprofessional conduct as defined inK.S.A. 65-2837, and amendments thereto.

      (c)   The licensee has been convicted of a felony or class A misdemeanor,whether or not related to the practice of the healing arts. The boardshall revoke a licensee's license following conviction of afelony occurring after July 1, 2000, unless a 2/3 majority of the board memberspresent and voting determine by clear and convincing evidence that suchlicensee will not pose a threat to the public in such person's capacity as alicensee and that such person has been sufficiently rehabilitated to warrantthe public trust. In the case of a person who has been convicted of a felonyand who applies for an original license or to reinstate a canceled license, theapplication for a license shall be denied unless a 2/3 majority of the boardmembers present and voting on such application determine by clear andconvincing evidence that such person will not pose a threat to the public insuch person's capacity as a licensee and that suchperson 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 liquorsor drugs for any other than lawful purposes.

      (f)   The licensee has willfully or repeatedly violated this act, thepharmacy act of the state of Kansas or the uniform controlled substancesact, or any rules and regulations adopted pursuant thereto, or any rulesand regulations of the secretary of health and environment which arerelevant to the practice of the healing arts.

      (g)   The licensee has unlawfully invaded the field of practice of anybranch of the healing arts in which the licensee is not licensed to practice.

      (h)   The licensee has engaged in the practice of the healing artsunder a false or assumed name, or the impersonation of another practitioner.The provisions of this subsection relating to an assumed name shall not applyto licensees practicing under a professional corporation or other legalentity duly authorized to provide such professional services in the state ofKansas.

      (i)   The licensee has the inability to practice thehealing arts with reasonable skilland safety to patients by reason of physical or mental illness, orcondition or use of alcohol,drugs or controlled substances. In determiningwhether or not such inability exists, the board, upon reasonable suspicion ofsuch inability, shall have authority to compel a licensee to submit to mentalor physical examination or drug screen, or any combination thereof, by suchpersons as the board may designate either in the course of an investigationor a disciplinary proceeding. To determine whether reasonable suspicion ofsuch inability exists, the investigative information shall be presented to theboard as a whole, to a review committee of professional peers of the licenseeestablished pursuant to K.S.A. 65-2840c and amendments thereto or to acommittee consisting of the officers of the board elected pursuant to K.S.A.65-2818 and amendments thereto and the executive director appointedpursuant to K.S.A. 65-2878 and amendments thereto or to apresiding officer authorized pursuant to K.S.A. 77-514 and amendments thereto.The determination shall be made by a majority vote of the entity whichreviewed the investigative information. Information submitted to the board as awhole or a review committee of peers or a committee of the officers andexecutive director of the board and all reports, findings and other recordsshall be confidential and not subject to discovery by or release to any personor entity. The licensee shall submit to the board a release of informationauthorizing the board to obtain a report of such examination or drug screen, orboth. A person affected by this subsection shall be offered, at reasonableintervals, an opportunity to demonstrate that such person can resume thecompetent practice of the healing arts with reasonable skill and safety topatients. For the purpose of this subsection, every person licensed to practicethe healing arts and who shall accept the privilege to practice the healingarts in this state by so practicing or by the making and filing of arenewal to practice the healing arts in this state shall bedeemed to have consented to submit to a mental or physical examination or adrug screen, or any combination thereof, when directed in writing by the boardand further to have waived all objections to the admissibility of thetestimony, drug screen or examination report of the person conducting suchexamination or drug screen, or both, at any proceeding or hearing before theboard on the ground that such testimony or examination or drug screen reportconstitutes a privileged communication. In any proceeding by the board pursuantto the provisions of this subsection, the record of such board proceedingsinvolving the mental and physical examination or drug screen, or anycombination thereof, shall not be used in any other administrative or judicialproceeding.

      (j)   The licensee has had a license to practice the healing arts revoked,suspended or limited, has been censured or has had other disciplinary actiontaken, or an application for a license denied, by the proper licensingauthority of another state, territory, District of Columbia, or other country,a certified copy of the record of the action of the other jurisdiction beingconclusive evidence thereof.

      (k)   The licensee has violated any lawful rule and regulation promulgated bythe board or violated any lawful order or directive of the board previouslyentered by the board.

      (l)   The licensee has failed to report or reveal the knowledge required to bereported or revealed under K.S.A. 65-28,122 and amendments thereto.

      (m)   The licensee, if licensed to practice medicine and surgery, has failed toinform in writing a patient suffering from any form of abnormality ofthe breast tissue for which surgery is a recommended form of treatment, ofalternative methods of treatment recognized by licensees of the sameprofession in the sameorsimilar communities as being acceptable under like conditions andcircumstances.

      (n)   The licensee has cheated on or attempted to subvert the validity of theexamination for a license.

      (o)   The licensee has been found to be mentally ill, disabled, not guilty byreason of insanity, not guilty because the licensee suffers from a mentaldisease or defect or incompetent to stand trial by a court of competentjurisdiction.

      (p)   The licensee has prescribed, sold, administered, distributed or given acontrolled substance to any person for other than medically accepted or lawfulpurposes.

      (q)   The licensee has violated a federal law or regulation relating tocontrolled substances.

      (r)   The licensee has failed to furnish the board, or its investigators orrepresentatives, any information legally requested by the board.

      (s)   Sanctions or disciplinary actions have been taken against the licensee bya peer review committee, health care facility, a governmental agency ordepartment or a professional association or society for acts or conduct similarto acts or conduct which would constitute grounds for disciplinary action underthis section.

      (t)   The licensee has failed to report to the board any adverse action takenagainst the licensee by another state or licensing jurisdiction, a peer reviewbody, a health care facility, a professional association or society, agovernmental agency, by a law enforcement agency or a court for acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (u)   The licensee has surrendered a license or authorization to practice thehealing arts in another state or jurisdiction, has surrendered the authority toutilize controlled substances issued by any state or federal agency, has agreedto a limitation to or restriction of privileges at any medical care facility orhas surrendered the licensee's membership on any professional staff or in anyprofessional association or society while under investigation for acts orconduct similar to acts or conduct which would constitute grounds fordisciplinary action under this section.

      (v)   The licensee has failed to report to the board surrender of thelicensee's license or authorization to practice the healing arts in anotherstate or jurisdiction or surrender of the licensee's membership on anyprofessional staff or in any professional association or society while underinvestigation for acts or conduct similar to acts or conduct which wouldconstitute grounds for disciplinary action under this section.

      (w)   The licensee has an adverse judgment, award or settlement against thelicensee resulting from a medical liability claim related to acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (x)   The licensee has failed to report to the board any adverse judgment,settlement or award against the licensee resulting from a medical malpracticeliability claim related to acts or conduct similar to acts or conduct whichwould constitute grounds for disciplinary action under this section.

      (y)   The licensee has failed to maintain a policy of professional liabilityinsurance as required by K.S.A. 40-3402 or 40-3403a and amendments thereto.

      (z)   The licensee has failed to pay the premiumsurcharges as required by K.S.A. 40-3404 and amendments thereto.

      (aa)   The licensee has knowingly submitted any misleading, deceptive, untrueor fraudulent representation on a claim form, bill or statement.

      (bb)   The licensee as the responsible physician for aphysician assistanthas failed to adequately direct and supervise thephysician assistant inaccordance withthe physician assistant licensure act or rules and regulations adoptedunder such act.

      (cc)   The licensee has assisted suicide in violation of K.S.A. 21-3406, andamendments thereto, as established by any of the following:

      (A)   A copy of the record of criminal conviction or plea of guilty for afelony 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 aninjunction issued under K.S.A. 60-4404, andamendments thereto.

      (C)   A copy of the record of a judgment assessing damages under K.S.A.60-4405, and amendments thereto.

      History:   L. 1957, ch. 343, § 36;L. 1969, ch. 299, § 10;L. 1972, ch. 231, § 8;L. 1976, ch. 273, § 14;L. 1976, ch. 275, § 1;L. 1979, ch. 198, § 3;L. 1983, ch. 214, § 1;L. 1983, ch. 213, § 7;L. 1984, ch. 236, § 1;L. 1986, ch. 234, § 5;L. 1986, ch. 229, § 41;L. 1986, ch. 239,§ 2;L. 1987, ch. 176, § 5;L. 1987, ch. 239, § 3;L. 1987, ch. 242, § 3;L. 1989, ch. 196, § 1;L. 1991, ch. 192, § 2;L. 1995, ch. 251, § 36;L. 1998, ch. 142, § 12;L. 2000, ch. 141, § 5;L. 2001, ch. 31, § 2;L. 2008, ch. 154, § 6; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26207

65-2836

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2836.   Revocation, suspension, limitation ordenial of licenses; censureof licensee; grounds; consent to submit to mental or physical examination ordrug screen, or any combination thereof, implied.A licensee's license may be revoked, suspended or limited, or the licenseemay be publicly or privately censured or placed under probationaryconditions,or an application for a license or forreinstatement of a license may be denied upon a finding of the existence ofany of the following grounds:

      (a)   The licensee has committed fraud or misrepresentationin applying for or securing an original, renewal or reinstatedlicense.

      (b)   The licensee has committed an act of unprofessional ordishonorable conduct or professional incompetency, except that the board maytake appropriate disciplinary action or enter into a non-disciplinaryresolution when a licensee has engaged in any conduct or professional practiceon a single occasion that, if continued, would reasonably be expected toconstituteaninability to practice the healing arts with reasonable skill and safety topatientsor unprofessional conduct as defined inK.S.A. 65-2837, and amendments thereto.

      (c)   The licensee has been convicted of a felony or class A misdemeanor,whether or not related to the practice of the healing arts. The boardshall revoke a licensee's license following conviction of afelony occurring after July 1, 2000, unless a 2/3 majority of the board memberspresent and voting determine by clear and convincing evidence that suchlicensee will not pose a threat to the public in such person's capacity as alicensee and that such person has been sufficiently rehabilitated to warrantthe public trust. In the case of a person who has been convicted of a felonyand who applies for an original license or to reinstate a canceled license, theapplication for a license shall be denied unless a 2/3 majority of the boardmembers present and voting on such application determine by clear andconvincing evidence that such person will not pose a threat to the public insuch person's capacity as a licensee and that suchperson 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 liquorsor drugs for any other than lawful purposes.

      (f)   The licensee has willfully or repeatedly violated this act, thepharmacy act of the state of Kansas or the uniform controlled substancesact, or any rules and regulations adopted pursuant thereto, or any rulesand regulations of the secretary of health and environment which arerelevant to the practice of the healing arts.

      (g)   The licensee has unlawfully invaded the field of practice of anybranch of the healing arts in which the licensee is not licensed to practice.

      (h)   The licensee has engaged in the practice of the healing artsunder a false or assumed name, or the impersonation of another practitioner.The provisions of this subsection relating to an assumed name shall not applyto licensees practicing under a professional corporation or other legalentity duly authorized to provide such professional services in the state ofKansas.

      (i)   The licensee has the inability to practice thehealing arts with reasonable skilland safety to patients by reason of physical or mental illness, orcondition or use of alcohol,drugs or controlled substances. In determiningwhether or not such inability exists, the board, upon reasonable suspicion ofsuch inability, shall have authority to compel a licensee to submit to mentalor physical examination or drug screen, or any combination thereof, by suchpersons as the board may designate either in the course of an investigationor a disciplinary proceeding. To determine whether reasonable suspicion ofsuch inability exists, the investigative information shall be presented to theboard as a whole, to a review committee of professional peers of the licenseeestablished pursuant to K.S.A. 65-2840c and amendments thereto or to acommittee consisting of the officers of the board elected pursuant to K.S.A.65-2818 and amendments thereto and the executive director appointedpursuant to K.S.A. 65-2878 and amendments thereto or to apresiding officer authorized pursuant to K.S.A. 77-514 and amendments thereto.The determination shall be made by a majority vote of the entity whichreviewed the investigative information. Information submitted to the board as awhole or a review committee of peers or a committee of the officers andexecutive director of the board and all reports, findings and other recordsshall be confidential and not subject to discovery by or release to any personor entity. The licensee shall submit to the board a release of informationauthorizing the board to obtain a report of such examination or drug screen, orboth. A person affected by this subsection shall be offered, at reasonableintervals, an opportunity to demonstrate that such person can resume thecompetent practice of the healing arts with reasonable skill and safety topatients. For the purpose of this subsection, every person licensed to practicethe healing arts and who shall accept the privilege to practice the healingarts in this state by so practicing or by the making and filing of arenewal to practice the healing arts in this state shall bedeemed to have consented to submit to a mental or physical examination or adrug screen, or any combination thereof, when directed in writing by the boardand further to have waived all objections to the admissibility of thetestimony, drug screen or examination report of the person conducting suchexamination or drug screen, or both, at any proceeding or hearing before theboard on the ground that such testimony or examination or drug screen reportconstitutes a privileged communication. In any proceeding by the board pursuantto the provisions of this subsection, the record of such board proceedingsinvolving the mental and physical examination or drug screen, or anycombination thereof, shall not be used in any other administrative or judicialproceeding.

      (j)   The licensee has had a license to practice the healing arts revoked,suspended or limited, has been censured or has had other disciplinary actiontaken, or an application for a license denied, by the proper licensingauthority of another state, territory, District of Columbia, or other country,a certified copy of the record of the action of the other jurisdiction beingconclusive evidence thereof.

      (k)   The licensee has violated any lawful rule and regulation promulgated bythe board or violated any lawful order or directive of the board previouslyentered by the board.

      (l)   The licensee has failed to report or reveal the knowledge required to bereported or revealed under K.S.A. 65-28,122 and amendments thereto.

      (m)   The licensee, if licensed to practice medicine and surgery, has failed toinform in writing a patient suffering from any form of abnormality ofthe breast tissue for which surgery is a recommended form of treatment, ofalternative methods of treatment recognized by licensees of the sameprofession in the sameorsimilar communities as being acceptable under like conditions andcircumstances.

      (n)   The licensee has cheated on or attempted to subvert the validity of theexamination for a license.

      (o)   The licensee has been found to be mentally ill, disabled, not guilty byreason of insanity, not guilty because the licensee suffers from a mentaldisease or defect or incompetent to stand trial by a court of competentjurisdiction.

      (p)   The licensee has prescribed, sold, administered, distributed or given acontrolled substance to any person for other than medically accepted or lawfulpurposes.

      (q)   The licensee has violated a federal law or regulation relating tocontrolled substances.

      (r)   The licensee has failed to furnish the board, or its investigators orrepresentatives, any information legally requested by the board.

      (s)   Sanctions or disciplinary actions have been taken against the licensee bya peer review committee, health care facility, a governmental agency ordepartment or a professional association or society for acts or conduct similarto acts or conduct which would constitute grounds for disciplinary action underthis section.

      (t)   The licensee has failed to report to the board any adverse action takenagainst the licensee by another state or licensing jurisdiction, a peer reviewbody, a health care facility, a professional association or society, agovernmental agency, by a law enforcement agency or a court for acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (u)   The licensee has surrendered a license or authorization to practice thehealing arts in another state or jurisdiction, has surrendered the authority toutilize controlled substances issued by any state or federal agency, has agreedto a limitation to or restriction of privileges at any medical care facility orhas surrendered the licensee's membership on any professional staff or in anyprofessional association or society while under investigation for acts orconduct similar to acts or conduct which would constitute grounds fordisciplinary action under this section.

      (v)   The licensee has failed to report to the board surrender of thelicensee's license or authorization to practice the healing arts in anotherstate or jurisdiction or surrender of the licensee's membership on anyprofessional staff or in any professional association or society while underinvestigation for acts or conduct similar to acts or conduct which wouldconstitute grounds for disciplinary action under this section.

      (w)   The licensee has an adverse judgment, award or settlement against thelicensee resulting from a medical liability claim related to acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.

      (x)   The licensee has failed to report to the board any adverse judgment,settlement or award against the licensee resulting from a medical malpracticeliability claim related to acts or conduct similar to acts or conduct whichwould constitute grounds for disciplinary action under this section.

      (y)   The licensee has failed to maintain a policy of professional liabilityinsurance as required by K.S.A. 40-3402 or 40-3403a and amendments thereto.

      (z)   The licensee has failed to pay the premiumsurcharges as required by K.S.A. 40-3404 and amendments thereto.

      (aa)   The licensee has knowingly submitted any misleading, deceptive, untrueor fraudulent representation on a claim form, bill or statement.

      (bb)   The licensee as the responsible physician for aphysician assistanthas failed to adequately direct and supervise thephysician assistant inaccordance withthe physician assistant licensure act or rules and regulations adoptedunder such act.

      (cc)   The licensee has assisted suicide in violation of K.S.A. 21-3406, andamendments thereto, as established by any of the following:

      (A)   A copy of the record of criminal conviction or plea of guilty for afelony 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 aninjunction issued under K.S.A. 60-4404, andamendments thereto.

      (C)   A copy of the record of a judgment assessing damages under K.S.A.60-4405, and amendments thereto.

      History:   L. 1957, ch. 343, § 36;L. 1969, ch. 299, § 10;L. 1972, ch. 231, § 8;L. 1976, ch. 273, § 14;L. 1976, ch. 275, § 1;L. 1979, ch. 198, § 3;L. 1983, ch. 214, § 1;L. 1983, ch. 213, § 7;L. 1984, ch. 236, § 1;L. 1986, ch. 234, § 5;L. 1986, ch. 229, § 41;L. 1986, ch. 239,§ 2;L. 1987, ch. 176, § 5;L. 1987, ch. 239, § 3;L. 1987, ch. 242, § 3;L. 1989, ch. 196, § 1;L. 1991, ch. 192, § 2;L. 1995, ch. 251, § 36;L. 1998, ch. 142, § 12;L. 2000, ch. 141, § 5;L. 2001, ch. 31, § 2;L. 2008, ch. 154, § 6; July 1.