65-2838a.Non-disciplinary resolution;procedure.(a) The board, a committee of the board or apeer review committee established pursuant to K.S.A. 65-2840c,and amendments thereto, as a non-disciplinary resolution, mayenter into a written agreement with a licensee for a professionaldevelopment plan, make written recommendations to a licensee orissue a written letter of concern to a licensee if the board,committee of the board or peer review committee determines thatthe licensee:
(1) Seeks to establish continued competency for renewal oflicensure other than through continued education requirementsestablished pursuant to K.S.A. 65-2809, and amendments thereto;
(2) has been absent from clinical practice for an extendedperiod of time and seeks to resume clinical practice;
(3) has failed to adhere to the applicable standard of carebut not to a degree constituting professional incompetence, asdefined by K.S.A. 65-2837, and amendments thereto; or
(4) has engaged in an act or practice that, if continued,would reasonably be expected to result in future violations ofthe Kansas healing arts act.
(b) Notwithstanding any other provision of law, a meeting of the board, acommittee of the board or apeer review committee established pursuant to K.S.A. 65-2840c, and amendmentsthereto, for the purpose of discussing or adopting a non-disciplinaryresolution authorized by this section shall not be subject to the Kansasadministrative procedures act, K.S.A. 77-501 et seq., and amendments thereto,and shall not be subject to the Kansas open meetings act as provided in K.S.A.75-4317 et seq., and amendments thereto.A non-disciplinary resolution authorized by thissection shall not be deemed disciplinary action or other order or adjudication.No failure to adhere to the applicable standard of care or violation of theKansas healing arts act may be implied by the adoption of a non-disciplinaryresolution.
(c) A non-disciplinary resolution authorized by this section shall beconfidential in the manner provided by K.S.A. 65-2898a,and amendments thereto, and shall not be admissible in any civil,criminal or administrative action, except that such resolutionshall be admissible in any disciplinary proceeding by the board.
(d) This section shall be part of and supplemental to theKansas healing arts act.
65-2838a.Non-disciplinary resolution;procedure.(a) The board, a committee of the board or apeer review committee established pursuant to K.S.A. 65-2840c,and amendments thereto, as a non-disciplinary resolution, mayenter into a written agreement with a licensee for a professionaldevelopment plan, make written recommendations to a licensee orissue a written letter of concern to a licensee if the board,committee of the board or peer review committee determines thatthe licensee:
(1) Seeks to establish continued competency for renewal oflicensure other than through continued education requirementsestablished pursuant to K.S.A. 65-2809, and amendments thereto;
(2) has been absent from clinical practice for an extendedperiod of time and seeks to resume clinical practice;
(3) has failed to adhere to the applicable standard of carebut not to a degree constituting professional incompetence, asdefined by K.S.A. 65-2837, and amendments thereto; or
(4) has engaged in an act or practice that, if continued,would reasonably be expected to result in future violations ofthe Kansas healing arts act.
(b) Notwithstanding any other provision of law, a meeting of the board, acommittee of the board or apeer review committee established pursuant to K.S.A. 65-2840c, and amendmentsthereto, for the purpose of discussing or adopting a non-disciplinaryresolution authorized by this section shall not be subject to the Kansasadministrative procedures act, K.S.A. 77-501 et seq., and amendments thereto,and shall not be subject to the Kansas open meetings act as provided in K.S.A.75-4317 et seq., and amendments thereto.A non-disciplinary resolution authorized by thissection shall not be deemed disciplinary action or other order or adjudication.No failure to adhere to the applicable standard of care or violation of theKansas healing arts act may be implied by the adoption of a non-disciplinaryresolution.
(c) A non-disciplinary resolution authorized by this section shall beconfidential in the manner provided by K.S.A. 65-2898a,and amendments thereto, and shall not be admissible in any civil,criminal or administrative action, except that such resolutionshall be admissible in any disciplinary proceeding by the board.
(d) This section shall be part of and supplemental to theKansas healing arts act.
65-2838a.Non-disciplinary resolution;procedure.(a) The board, a committee of the board or apeer review committee established pursuant to K.S.A. 65-2840c,and amendments thereto, as a non-disciplinary resolution, mayenter into a written agreement with a licensee for a professionaldevelopment plan, make written recommendations to a licensee orissue a written letter of concern to a licensee if the board,committee of the board or peer review committee determines thatthe licensee:
(1) Seeks to establish continued competency for renewal oflicensure other than through continued education requirementsestablished pursuant to K.S.A. 65-2809, and amendments thereto;
(2) has been absent from clinical practice for an extendedperiod of time and seeks to resume clinical practice;
(3) has failed to adhere to the applicable standard of carebut not to a degree constituting professional incompetence, asdefined by K.S.A. 65-2837, and amendments thereto; or
(4) has engaged in an act or practice that, if continued,would reasonably be expected to result in future violations ofthe Kansas healing arts act.
(b) Notwithstanding any other provision of law, a meeting of the board, acommittee of the board or apeer review committee established pursuant to K.S.A. 65-2840c, and amendmentsthereto, for the purpose of discussing or adopting a non-disciplinaryresolution authorized by this section shall not be subject to the Kansasadministrative procedures act, K.S.A. 77-501 et seq., and amendments thereto,and shall not be subject to the Kansas open meetings act as provided in K.S.A.75-4317 et seq., and amendments thereto.A non-disciplinary resolution authorized by thissection shall not be deemed disciplinary action or other order or adjudication.No failure to adhere to the applicable standard of care or violation of theKansas healing arts act may be implied by the adoption of a non-disciplinaryresolution.
(c) A non-disciplinary resolution authorized by this section shall beconfidential in the manner provided by K.S.A. 65-2898a,and amendments thereto, and shall not be admissible in any civil,criminal or administrative action, except that such resolutionshall be admissible in any disciplinary proceeding by the board.
(d) This section shall be part of and supplemental to theKansas healing arts act.
