65-2839a.Investigations and proceedings conducted by board; access toevidence; subpoenas; access to criminal history; confidentiality ofinformation.(a) In connection with any investigation by the board, theboard or its duly authorized agents or employees shall at all reasonable timeshave access to, for the purpose of examination, and the right to copy anydocument, report, record or other physical evidence of any person beinginvestigated, or any document, report, record or other evidencemaintained by and in possession of any clinic, office of a practitioner ofthe healing arts, laboratory, pharmacy, medical care facility or other publicor private agency if such document, report, record or evidence relates tomedical competence, unprofessional conduct or the mental or physical ability ofa licensee safely to practice the healing arts.
(b) For the purpose of all investigations and proceedings conducted by theboard:
(1) The board may issue subpoenas compelling the attendance and testimony ofwitnesses or the production for examination or copying of documents or anyother physical evidence if such evidence relates to medical competence,unprofessional conduct or the mental or physical ability of a licensee safelyto practice the healing arts. Within five days after the service of thesubpoena on any person requiring the production of any evidence in the person'spossession or under the person's control, such person may petition the board torevoke, limit or modify the subpoena. The board shall revoke, limit or modifysuch subpoena if in its opinion the evidence required does not relate topractices which may be grounds for disciplinary action, is not relevant to thecharge which is the subject matter of the proceeding or investigation, or doesnot describe with sufficient particularity the physical evidence which isrequired to be produced. Any member of the board, or any agent designated bythe board, may administer oaths or affirmations, examine witnesses and receivesuch evidence.
(2) Any person appearing before the board shall have the right to berepresented by counsel.
(3) The district court, upon application by the board or by the personsubpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the boards dulyauthorized agent to produce evidence relating to the matter underinvestigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinionthe evidence demanded does not relate to practices which may be grounds fordisciplinary action, is not relevant to the charge which is the subject matterof the hearing or investigation or does not describe with sufficientparticularity the evidence which is required to be produced.
(c) The board may receive from the Kansas bureau of investigation or othercriminal justice agencies such criminal history record information (includingarrest and nonconviction data), criminal intelligence information andinformation relating to criminal and background investigations as necessary forthe purpose of determining initial and continuing qualifications of licenseesand registrants of and applicants for licensure and registration by the board. Disclosure or use of any such information received by the board or of anyrecord containing such information, for any purpose other than that provided bythis subsection is a class A misdemeanor and shall constitute grounds forremoval from office, termination of employment or denial, revocation orsuspension of any license or registration issued under this act. Nothing inthis subsection shall be construed to make unlawful the disclosure of any suchinformation by the board in a hearing held pursuant to this act.
(d) Patient records, including clinical records, medicalreports, laboratory statements and reports, files, films, other reports or oralstatements relating to diagnostic findings or treatment of patients,information from which a patient or a patient's family might be identified,peer review or risk management records or information received and records keptby the board as a result of the investigation procedure outlined in thissection shall be confidential and shall not be disclosed.
(e) Nothing in this section or any other provision of law makingcommunications between a physician and the physician's patient a privilegedcommunication shall apply to investigations or proceedings conductedpursuant to this section. The board and its employees, agents andrepresentatives shall keep in confidence the names of any patients whoserecords are reviewed during the course of investigations and proceedingspursuant to this section.
History: L. 1986, ch. 229, § 39;L. 1992, ch. 253, § 3; July 1.
65-2839a.Investigations and proceedings conducted by board; access toevidence; subpoenas; access to criminal history; confidentiality ofinformation.(a) In connection with any investigation by the board, theboard or its duly authorized agents or employees shall at all reasonable timeshave access to, for the purpose of examination, and the right to copy anydocument, report, record or other physical evidence of any person beinginvestigated, or any document, report, record or other evidencemaintained by and in possession of any clinic, office of a practitioner ofthe healing arts, laboratory, pharmacy, medical care facility or other publicor private agency if such document, report, record or evidence relates tomedical competence, unprofessional conduct or the mental or physical ability ofa licensee safely to practice the healing arts.
(b) For the purpose of all investigations and proceedings conducted by theboard:
(1) The board may issue subpoenas compelling the attendance and testimony ofwitnesses or the production for examination or copying of documents or anyother physical evidence if such evidence relates to medical competence,unprofessional conduct or the mental or physical ability of a licensee safelyto practice the healing arts. Within five days after the service of thesubpoena on any person requiring the production of any evidence in the person'spossession or under the person's control, such person may petition the board torevoke, limit or modify the subpoena. The board shall revoke, limit or modifysuch subpoena if in its opinion the evidence required does not relate topractices which may be grounds for disciplinary action, is not relevant to thecharge which is the subject matter of the proceeding or investigation, or doesnot describe with sufficient particularity the physical evidence which isrequired to be produced. Any member of the board, or any agent designated bythe board, may administer oaths or affirmations, examine witnesses and receivesuch evidence.
(2) Any person appearing before the board shall have the right to berepresented by counsel.
(3) The district court, upon application by the board or by the personsubpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the boards dulyauthorized agent to produce evidence relating to the matter underinvestigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinionthe evidence demanded does not relate to practices which may be grounds fordisciplinary action, is not relevant to the charge which is the subject matterof the hearing or investigation or does not describe with sufficientparticularity the evidence which is required to be produced.
(c) The board may receive from the Kansas bureau of investigation or othercriminal justice agencies such criminal history record information (includingarrest and nonconviction data), criminal intelligence information andinformation relating to criminal and background investigations as necessary forthe purpose of determining initial and continuing qualifications of licenseesand registrants of and applicants for licensure and registration by the board. Disclosure or use of any such information received by the board or of anyrecord containing such information, for any purpose other than that provided bythis subsection is a class A misdemeanor and shall constitute grounds forremoval from office, termination of employment or denial, revocation orsuspension of any license or registration issued under this act. Nothing inthis subsection shall be construed to make unlawful the disclosure of any suchinformation by the board in a hearing held pursuant to this act.
(d) Patient records, including clinical records, medicalreports, laboratory statements and reports, files, films, other reports or oralstatements relating to diagnostic findings or treatment of patients,information from which a patient or a patient's family might be identified,peer review or risk management records or information received and records keptby the board as a result of the investigation procedure outlined in thissection shall be confidential and shall not be disclosed.
(e) Nothing in this section or any other provision of law makingcommunications between a physician and the physician's patient a privilegedcommunication shall apply to investigations or proceedings conductedpursuant to this section. The board and its employees, agents andrepresentatives shall keep in confidence the names of any patients whoserecords are reviewed during the course of investigations and proceedingspursuant to this section.
History: L. 1986, ch. 229, § 39;L. 1992, ch. 253, § 3; July 1.
65-2839a.Investigations and proceedings conducted by board; access toevidence; subpoenas; access to criminal history; confidentiality ofinformation.(a) In connection with any investigation by the board, theboard or its duly authorized agents or employees shall at all reasonable timeshave access to, for the purpose of examination, and the right to copy anydocument, report, record or other physical evidence of any person beinginvestigated, or any document, report, record or other evidencemaintained by and in possession of any clinic, office of a practitioner ofthe healing arts, laboratory, pharmacy, medical care facility or other publicor private agency if such document, report, record or evidence relates tomedical competence, unprofessional conduct or the mental or physical ability ofa licensee safely to practice the healing arts.
(b) For the purpose of all investigations and proceedings conducted by theboard:
(1) The board may issue subpoenas compelling the attendance and testimony ofwitnesses or the production for examination or copying of documents or anyother physical evidence if such evidence relates to medical competence,unprofessional conduct or the mental or physical ability of a licensee safelyto practice the healing arts. Within five days after the service of thesubpoena on any person requiring the production of any evidence in the person'spossession or under the person's control, such person may petition the board torevoke, limit or modify the subpoena. The board shall revoke, limit or modifysuch subpoena if in its opinion the evidence required does not relate topractices which may be grounds for disciplinary action, is not relevant to thecharge which is the subject matter of the proceeding or investigation, or doesnot describe with sufficient particularity the physical evidence which isrequired to be produced. Any member of the board, or any agent designated bythe board, may administer oaths or affirmations, examine witnesses and receivesuch evidence.
(2) Any person appearing before the board shall have the right to berepresented by counsel.
(3) The district court, upon application by the board or by the personsubpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the boards dulyauthorized agent to produce evidence relating to the matter underinvestigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinionthe evidence demanded does not relate to practices which may be grounds fordisciplinary action, is not relevant to the charge which is the subject matterof the hearing or investigation or does not describe with sufficientparticularity the evidence which is required to be produced.
(c) The board may receive from the Kansas bureau of investigation or othercriminal justice agencies such criminal history record information (includingarrest and nonconviction data), criminal intelligence information andinformation relating to criminal and background investigations as necessary forthe purpose of determining initial and continuing qualifications of licenseesand registrants of and applicants for licensure and registration by the board. Disclosure or use of any such information received by the board or of anyrecord containing such information, for any purpose other than that provided bythis subsection is a class A misdemeanor and shall constitute grounds forremoval from office, termination of employment or denial, revocation orsuspension of any license or registration issued under this act. Nothing inthis subsection shall be construed to make unlawful the disclosure of any suchinformation by the board in a hearing held pursuant to this act.
(d) Patient records, including clinical records, medicalreports, laboratory statements and reports, files, films, other reports or oralstatements relating to diagnostic findings or treatment of patients,information from which a patient or a patient's family might be identified,peer review or risk management records or information received and records keptby the board as a result of the investigation procedure outlined in thissection shall be confidential and shall not be disclosed.
(e) Nothing in this section or any other provision of law makingcommunications between a physician and the physician's patient a privilegedcommunication shall apply to investigations or proceedings conductedpursuant to this section. The board and its employees, agents andrepresentatives shall keep in confidence the names of any patients whoserecords are reviewed during the course of investigations and proceedingspursuant to this section.
History: L. 1986, ch. 229, § 39;L. 1992, ch. 253, § 3; July 1.
