Printable Format65-2838. Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions. (a) The board shall have jurisdiction of proceedings to take disciplinary action authorized by the applicable practice act. Unless otherwise specified, any such action shall be taken in accordance with the provisions of the Kansas administrative procedure act.
(b) Either before or after formal charges have been filed, the board and the licensee, registrant, permit holder or certificate holder may enter into a stipulation which shall be binding upon the board and the person entering into such stipulation, and the board may enter its findings of fact and enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the case. An enforcement order based upon a stipulation may order any disciplinary action authorized by the applicable practice act against the person entering into such stipulation.
(c) The board may temporarily suspend or temporarily limit the license, registration, permit or certificate of any licensee, registrant, permit holder or certificate holder in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action authorized by the applicable practice act against the person and that the person's continuation in practice would constitute an imminent danger to the public health and safety.
(d) The board shall adopt guidelines for the use of controlled substances for the treatment of pain.
(e) Upon request of another regulatory or enforcement agency, or a licensee, the board may render a written advisory opinion indicating whether the licensee has prescribed, dispensed, administered or distributed controlled substances in accordance with the treatment of pain guidelines adopted by the board.
History: L. 1957, ch. 343, § 38; L. 1976, ch. 273, § 16; L. 1978, ch. 250, § 1; L. 1979, ch. 198, § 5; L. 1984, ch. 238, § 12; L. 1984, ch. 313, § 118; L. 1986, ch. 229, § 43; L. 2006, ch. 110, § 6; L. 2014, ch. 131, § 12; July 1, 2015.
Law Review and Bar Journal References:
"Malpractice '87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9, Kan.Med. 261, 263, 264 (1987).
"Liability for Sexual Misconduct Between a Physician and a Patient," Gavin Fritton, J.K.T.L.A. Vol. XVI, No. 3, 26, 27 (1993).
CASE ANNOTATIONS
1. Findings of board supported by substantial evidence; district court may not substitute its judgment for that of the board; revocation of license upheld. Kansas State Board of Healing Arts v. Foote, 200 Kan. 447, 451, 436 P.2d 828.
2. "Suspension" and "revocation" differentiated; board may suspend, for temporary period, and later revoke license permanently. Kansas State Board of Healing Arts v. Seasholtz, 210 Kan. 694, 696, 504 P.2d 576 (1972).
3. Cited in opinion holding that K.S.A. 17-2708 of professional corporation law does not authorize medical practice by general corporation. Early Detection Center, Inc. v. Wilson, 248 Kan. 869, 877, 811 P.2d 860 (1991).
4. Whether the denial of hearing on emergency suspension until doctor submitted to mental evaluation violated due process examined. Corder v. Kansas Board of Healing Arts, 256 Kan. 638, 648, 889 P.2d 1127 (1994).
5. Jurisdiction not lost in pending disciplinary action upon licensee's failure to renew license resulting in cancellation. Patel v. Kansas Bd. of Healing Arts, 22 Kan. App. 2d 712, 714, 920 P.2d 477 (1996).