65-2837.Definitions.As used in K.S.A. 65-2836, and amendments thereto, and in this section:
(a) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicablestandard of care to a degree which constitutes gross negligence, as determinedby the board.
(2) Repeated instances involving failure to adhere to the applicablestandard of care to a degree which constitutes ordinary negligence, asdetermined by the board.
(3) A pattern of practice or other behavior which demonstrates amanifest incapacity or incompetence to practice the healingarts.
(b) "Unprofessional conduct" means:
(1) Solicitation of professionalpatronage through the use of fraudulent or false advertisements, or profitingby the acts of those representing themselves to be agents of the licensee.
(2) Representing to a patient that amanifestly incurable disease, condition or injury can be permanently cured.
(3) Assisting in the care or treatment of a patient without the consentof the patient, theattending physician or the patient's legal representatives.
(4) The use of any letters, words, or terms, as an affix, on stationery, inadvertisements, or otherwise indicating that such person is entitled topractice a branch of the healing arts for which such person is notlicensed.
(5) Performing, procuring or aiding and abetting in theperformance or procurement of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of professionalservices in a superior manner.
(8) Advertising to guarantee any professional service or to perform anyoperation painlessly.
(9) Participating in any action as astaff member of a medical care facility which is designed to exclude orwhich results in the exclusion of any person licensed to practicemedicine and surgery from the medical staff of a nonprofit medical carefacility licensed in this state because of the branch of the healingarts practiced by such person or without just cause.
(10) Failure toeffectuate the declaration of a qualified patient as provided insubsection (a) of K.S.A. 65-28,107, and amendments thereto.
(11) Prescribing, ordering, dispensing, administering, selling,supplying or giving any amphetamines or sympathomimetic amines, except asauthorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud or harm the public.
(13) Making a false or misleading statement regarding the licensee'sskill or the efficacy or value of the drug, treatment or remedy prescribedby the licensee or at the licensee's direction in the treatment of anydisease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by anunlicensed, incompetent or impaired person.
(15) Allowing another person or organization to use the licensee'slicense to practice the healing arts.
(16) Commission of any act of sexual abuse, misconduct or other impropersexualcontact, which exploitsthe licensee-patient relationship, with a patient or a person responsible forhealth care decisions concerningsuch patient.
(17) The use of any false, fraudulent or deceptive statement in anydocument connected with the practice of the healing arts including theintentional falsifying or fraudulent altering of a patient or medical carefacility record.
(18) Obtaining any fee by fraud, deceit or misrepresentation.
(19) Directly or indirectly giving or receiving any fee, commission,rebate or other compensation for professional services not actually andpersonally rendered, other than through the legal functioning of lawfulprofessional partnerships, corporations or associations.
(20) Failure to transfer patient records to another licensee whenrequested to do so by the subject patient or by such patient's legallydesignated representative.
(21) Performing unnecessary tests, examinations or services which haveno legitimate medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering or distributing aprescriptiondrug or substance, including a controlled substance, in animproper or inappropriate manner, or for other than avalid medical purpose,ornot in the course of thelicensee's professional practice.
(24) Repeated failure to practice healing arts with that level of care,skill and treatment which is recognized by a reasonably prudent similarpractitioner as being acceptable under similar conditions and circumstances.
(25) Failure to keep written medical records which accurately describethe servicesrendered to the patient, including patient histories, pertinent findings,examination results and test results.
(26) Delegating professional responsibilities to a person when thelicensee knows or has reason to know that such person is not qualified bytraining, experience or licensure to perform them.
(27) Using experimental forms of therapy without proper informed patientconsent, without conforming to generally accepted criteria or standardprotocols, without keeping detailed legible records or without havingperiodic analysis of the study and results reviewed by a committee or peers.
(28) Prescribing, dispensing, administering or distributing ananabolic steroid or human growth hormone for other than a valid medicalpurpose. Bodybuilding, muscle enhancement or increasing muscle bulk orstrength through the use of an anabolic steroid or human growth hormone bya person who is in good health is not a valid medical purpose.
(29) Referring a patient to a health care entity for services if thelicensee has a significant investment interest in the health care entity,unless thelicensee informs the patient in writing of such significant investment interestand thatthe patientmay obtain such services elsewhere.
(30) Failing to properly supervise, direct or delegate acts whichconstitute the healing arts to persons who perform professional servicespursuant to such licensee's direction, supervision, order, referral, delegationor practice protocols.
(31) Violating K.S.A. 65-6703 and amendments thereto.
(32) Charging, billing or otherwise soliciting payment from any patient,patient's representative or insurer for anatomic pathology services, if suchservices are not personally rendered by the licensee or under such licensee'sdirect supervision. As used in this subsection, "anatomic pathology services"means the gross or microscopic examination of histologic processing of humanorgan tissue or the examination of human cells from fluids, aspirates,washings,brushings or smears, including blood banking services, and subcellular ormolecular pathology services, performed by or under the supervision of a personlicensed to practice medicine and surgery or a clinical laboratory. Nothing inthis subsection shall be construed to prohibit billing for anatomic pathologyservices by a hospital, or by a clinical laboratory when samples aretransferred between clinical laboratories for the provision of anatomicpathology services.
(33) Engaging in conduct which violates patient trust and exploits thelicensee-patient relationship for personal gain.
(c) "False advertisement" means any advertisement which is false, misleadingor deceptive in a material respect. In determining whether any advertisementis misleading, there shall be taken into account not only representationsmade or suggested by statement, word, design, device, sound or any combinationthereof, but also the extent to which the advertisement fails to revealfacts material in the light of such representations made.
(d) "Advertisement" means all representations disseminated in any manneror by any means, for the purpose of inducing, or which are likely to induce,directly or indirectly, the purchase of professional services.
(e) "Licensee" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean all persons issued a license, permit orspecialpermit pursuant to article 28 of chapter 65 of the Kansas Statutes Annotated.
(f) "License" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean any license, permit or special permitgranted under article 28 of chapter 65 of the Kansas Statutes Annotated.
(g) "Health care entity" means any corporation, firm, partnership or otherbusiness entity which provides services fordiagnosis or treatment of human health conditions and which is owned separatelyfrom a referring licensee's principle practice.
(h) "Significant investment interest" means ownership of at least 10% ofthe value ofthe firm, partnership or other business entity which owns or leases the healthcare entity, or ownership of at least 10% of the shares of stock of thecorporation which owns or leases the health care entity.
65-2837.Definitions.As used in K.S.A. 65-2836, and amendments thereto, and in this section:
(a) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicablestandard of care to a degree which constitutes gross negligence, as determinedby the board.
(2) Repeated instances involving failure to adhere to the applicablestandard of care to a degree which constitutes ordinary negligence, asdetermined by the board.
(3) A pattern of practice or other behavior which demonstrates amanifest incapacity or incompetence to practice the healingarts.
(b) "Unprofessional conduct" means:
(1) Solicitation of professionalpatronage through the use of fraudulent or false advertisements, or profitingby the acts of those representing themselves to be agents of the licensee.
(2) Representing to a patient that amanifestly incurable disease, condition or injury can be permanently cured.
(3) Assisting in the care or treatment of a patient without the consentof the patient, theattending physician or the patient's legal representatives.
(4) The use of any letters, words, or terms, as an affix, on stationery, inadvertisements, or otherwise indicating that such person is entitled topractice a branch of the healing arts for which such person is notlicensed.
(5) Performing, procuring or aiding and abetting in theperformance or procurement of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of professionalservices in a superior manner.
(8) Advertising to guarantee any professional service or to perform anyoperation painlessly.
(9) Participating in any action as astaff member of a medical care facility which is designed to exclude orwhich results in the exclusion of any person licensed to practicemedicine and surgery from the medical staff of a nonprofit medical carefacility licensed in this state because of the branch of the healingarts practiced by such person or without just cause.
(10) Failure toeffectuate the declaration of a qualified patient as provided insubsection (a) of K.S.A. 65-28,107, and amendments thereto.
(11) Prescribing, ordering, dispensing, administering, selling,supplying or giving any amphetamines or sympathomimetic amines, except asauthorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud or harm the public.
(13) Making a false or misleading statement regarding the licensee'sskill or the efficacy or value of the drug, treatment or remedy prescribedby the licensee or at the licensee's direction in the treatment of anydisease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by anunlicensed, incompetent or impaired person.
(15) Allowing another person or organization to use the licensee'slicense to practice the healing arts.
(16) Commission of any act of sexual abuse, misconduct or other impropersexualcontact, which exploitsthe licensee-patient relationship, with a patient or a person responsible forhealth care decisions concerningsuch patient.
(17) The use of any false, fraudulent or deceptive statement in anydocument connected with the practice of the healing arts including theintentional falsifying or fraudulent altering of a patient or medical carefacility record.
(18) Obtaining any fee by fraud, deceit or misrepresentation.
(19) Directly or indirectly giving or receiving any fee, commission,rebate or other compensation for professional services not actually andpersonally rendered, other than through the legal functioning of lawfulprofessional partnerships, corporations or associations.
(20) Failure to transfer patient records to another licensee whenrequested to do so by the subject patient or by such patient's legallydesignated representative.
(21) Performing unnecessary tests, examinations or services which haveno legitimate medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering or distributing aprescriptiondrug or substance, including a controlled substance, in animproper or inappropriate manner, or for other than avalid medical purpose,ornot in the course of thelicensee's professional practice.
(24) Repeated failure to practice healing arts with that level of care,skill and treatment which is recognized by a reasonably prudent similarpractitioner as being acceptable under similar conditions and circumstances.
(25) Failure to keep written medical records which accurately describethe servicesrendered to the patient, including patient histories, pertinent findings,examination results and test results.
(26) Delegating professional responsibilities to a person when thelicensee knows or has reason to know that such person is not qualified bytraining, experience or licensure to perform them.
(27) Using experimental forms of therapy without proper informed patientconsent, without conforming to generally accepted criteria or standardprotocols, without keeping detailed legible records or without havingperiodic analysis of the study and results reviewed by a committee or peers.
(28) Prescribing, dispensing, administering or distributing ananabolic steroid or human growth hormone for other than a valid medicalpurpose. Bodybuilding, muscle enhancement or increasing muscle bulk orstrength through the use of an anabolic steroid or human growth hormone bya person who is in good health is not a valid medical purpose.
(29) Referring a patient to a health care entity for services if thelicensee has a significant investment interest in the health care entity,unless thelicensee informs the patient in writing of such significant investment interestand thatthe patientmay obtain such services elsewhere.
(30) Failing to properly supervise, direct or delegate acts whichconstitute the healing arts to persons who perform professional servicespursuant to such licensee's direction, supervision, order, referral, delegationor practice protocols.
(31) Violating K.S.A. 65-6703 and amendments thereto.
(32) Charging, billing or otherwise soliciting payment from any patient,patient's representative or insurer for anatomic pathology services, if suchservices are not personally rendered by the licensee or under such licensee'sdirect supervision. As used in this subsection, "anatomic pathology services"means the gross or microscopic examination of histologic processing of humanorgan tissue or the examination of human cells from fluids, aspirates,washings,brushings or smears, including blood banking services, and subcellular ormolecular pathology services, performed by or under the supervision of a personlicensed to practice medicine and surgery or a clinical laboratory. Nothing inthis subsection shall be construed to prohibit billing for anatomic pathologyservices by a hospital, or by a clinical laboratory when samples aretransferred between clinical laboratories for the provision of anatomicpathology services.
(33) Engaging in conduct which violates patient trust and exploits thelicensee-patient relationship for personal gain.
(c) "False advertisement" means any advertisement which is false, misleadingor deceptive in a material respect. In determining whether any advertisementis misleading, there shall be taken into account not only representationsmade or suggested by statement, word, design, device, sound or any combinationthereof, but also the extent to which the advertisement fails to revealfacts material in the light of such representations made.
(d) "Advertisement" means all representations disseminated in any manneror by any means, for the purpose of inducing, or which are likely to induce,directly or indirectly, the purchase of professional services.
(e) "Licensee" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean all persons issued a license, permit orspecialpermit pursuant to article 28 of chapter 65 of the Kansas Statutes Annotated.
(f) "License" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean any license, permit or special permitgranted under article 28 of chapter 65 of the Kansas Statutes Annotated.
(g) "Health care entity" means any corporation, firm, partnership or otherbusiness entity which provides services fordiagnosis or treatment of human health conditions and which is owned separatelyfrom a referring licensee's principle practice.
(h) "Significant investment interest" means ownership of at least 10% ofthe value ofthe firm, partnership or other business entity which owns or leases the healthcare entity, or ownership of at least 10% of the shares of stock of thecorporation which owns or leases the health care entity.
65-2837.Definitions.As used in K.S.A. 65-2836, and amendments thereto, and in this section:
(a) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicablestandard of care to a degree which constitutes gross negligence, as determinedby the board.
(2) Repeated instances involving failure to adhere to the applicablestandard of care to a degree which constitutes ordinary negligence, asdetermined by the board.
(3) A pattern of practice or other behavior which demonstrates amanifest incapacity or incompetence to practice the healingarts.
(b) "Unprofessional conduct" means:
(1) Solicitation of professionalpatronage through the use of fraudulent or false advertisements, or profitingby the acts of those representing themselves to be agents of the licensee.
(2) Representing to a patient that amanifestly incurable disease, condition or injury can be permanently cured.
(3) Assisting in the care or treatment of a patient without the consentof the patient, theattending physician or the patient's legal representatives.
(4) The use of any letters, words, or terms, as an affix, on stationery, inadvertisements, or otherwise indicating that such person is entitled topractice a branch of the healing arts for which such person is notlicensed.
(5) Performing, procuring or aiding and abetting in theperformance or procurement of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of professionalservices in a superior manner.
(8) Advertising to guarantee any professional service or to perform anyoperation painlessly.
(9) Participating in any action as astaff member of a medical care facility which is designed to exclude orwhich results in the exclusion of any person licensed to practicemedicine and surgery from the medical staff of a nonprofit medical carefacility licensed in this state because of the branch of the healingarts practiced by such person or without just cause.
(10) Failure toeffectuate the declaration of a qualified patient as provided insubsection (a) of K.S.A. 65-28,107, and amendments thereto.
(11) Prescribing, ordering, dispensing, administering, selling,supplying or giving any amphetamines or sympathomimetic amines, except asauthorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud or harm the public.
(13) Making a false or misleading statement regarding the licensee'sskill or the efficacy or value of the drug, treatment or remedy prescribedby the licensee or at the licensee's direction in the treatment of anydisease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by anunlicensed, incompetent or impaired person.
(15) Allowing another person or organization to use the licensee'slicense to practice the healing arts.
(16) Commission of any act of sexual abuse, misconduct or other impropersexualcontact, which exploitsthe licensee-patient relationship, with a patient or a person responsible forhealth care decisions concerningsuch patient.
(17) The use of any false, fraudulent or deceptive statement in anydocument connected with the practice of the healing arts including theintentional falsifying or fraudulent altering of a patient or medical carefacility record.
(18) Obtaining any fee by fraud, deceit or misrepresentation.
(19) Directly or indirectly giving or receiving any fee, commission,rebate or other compensation for professional services not actually andpersonally rendered, other than through the legal functioning of lawfulprofessional partnerships, corporations or associations.
(20) Failure to transfer patient records to another licensee whenrequested to do so by the subject patient or by such patient's legallydesignated representative.
(21) Performing unnecessary tests, examinations or services which haveno legitimate medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering or distributing aprescriptiondrug or substance, including a controlled substance, in animproper or inappropriate manner, or for other than avalid medical purpose,ornot in the course of thelicensee's professional practice.
(24) Repeated failure to practice healing arts with that level of care,skill and treatment which is recognized by a reasonably prudent similarpractitioner as being acceptable under similar conditions and circumstances.
(25) Failure to keep written medical records which accurately describethe servicesrendered to the patient, including patient histories, pertinent findings,examination results and test results.
(26) Delegating professional responsibilities to a person when thelicensee knows or has reason to know that such person is not qualified bytraining, experience or licensure to perform them.
(27) Using experimental forms of therapy without proper informed patientconsent, without conforming to generally accepted criteria or standardprotocols, without keeping detailed legible records or without havingperiodic analysis of the study and results reviewed by a committee or peers.
(28) Prescribing, dispensing, administering or distributing ananabolic steroid or human growth hormone for other than a valid medicalpurpose. Bodybuilding, muscle enhancement or increasing muscle bulk orstrength through the use of an anabolic steroid or human growth hormone bya person who is in good health is not a valid medical purpose.
(29) Referring a patient to a health care entity for services if thelicensee has a significant investment interest in the health care entity,unless thelicensee informs the patient in writing of such significant investment interestand thatthe patientmay obtain such services elsewhere.
(30) Failing to properly supervise, direct or delegate acts whichconstitute the healing arts to persons who perform professional servicespursuant to such licensee's direction, supervision, order, referral, delegationor practice protocols.
(31) Violating K.S.A. 65-6703 and amendments thereto.
(32) Charging, billing or otherwise soliciting payment from any patient,patient's representative or insurer for anatomic pathology services, if suchservices are not personally rendered by the licensee or under such licensee'sdirect supervision. As used in this subsection, "anatomic pathology services"means the gross or microscopic examination of histologic processing of humanorgan tissue or the examination of human cells from fluids, aspirates,washings,brushings or smears, including blood banking services, and subcellular ormolecular pathology services, performed by or under the supervision of a personlicensed to practice medicine and surgery or a clinical laboratory. Nothing inthis subsection shall be construed to prohibit billing for anatomic pathologyservices by a hospital, or by a clinical laboratory when samples aretransferred between clinical laboratories for the provision of anatomicpathology services.
(33) Engaging in conduct which violates patient trust and exploits thelicensee-patient relationship for personal gain.
(c) "False advertisement" means any advertisement which is false, misleadingor deceptive in a material respect. In determining whether any advertisementis misleading, there shall be taken into account not only representationsmade or suggested by statement, word, design, device, sound or any combinationthereof, but also the extent to which the advertisement fails to revealfacts material in the light of such representations made.
(d) "Advertisement" means all representations disseminated in any manneror by any means, for the purpose of inducing, or which are likely to induce,directly or indirectly, the purchase of professional services.
(e) "Licensee" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean all persons issued a license, permit orspecialpermit pursuant to article 28 of chapter 65 of the Kansas Statutes Annotated.
(f) "License" for purposes of this section and K.S.A. 65-2836, andamendments thereto, shall mean any license, permit or special permitgranted under article 28 of chapter 65 of the Kansas Statutes Annotated.
(g) "Health care entity" means any corporation, firm, partnership or otherbusiness entity which provides services fordiagnosis or treatment of human health conditions and which is owned separatelyfrom a referring licensee's principle practice.
(h) "Significant investment interest" means ownership of at least 10% ofthe value ofthe firm, partnership or other business entity which owns or leases the healthcare entity, or ownership of at least 10% of the shares of stock of thecorporation which owns or leases the health care entity.
