Kansas Statutes 65-28a05. Revocation, suspension, limitation, censure or denial of license, grounds
Terms Used In Kansas Statutes 65-28a05
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A licensee’s license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:
(a) The licensee has committed an act of unprofessional conduct as defined by rules and regulations adopted by the board;
(b) the licensee has obtained a license by means of fraud, misrepresentations or concealment of material facts;
(c) the licensee has committed an act of professional incompetency as defined by rules and regulations adopted by the board;
(d) the licensee has been convicted of a felony;
(e) the licensee has violated any provision of this act, and amendments thereto;
(f) the licensee has violated any lawful order or rule and regulation of the board;
(g) the licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or is incompetent to stand trial by a court of competent jurisdiction;
(h) the licensee has violated a federal law or regulation relating to controlled substances;
(i) the licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(j) the licensee has surrendered a license or authorization to practice as a physician assistant in another state or jurisdiction, has surrendered the authority to utilize controlled substances issued by any state or federal agency, has agreed to a limitation to or restriction of privileges at any medical care facility or has surrendered the licensee’s membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(k) the licensee has failed to report to the board the surrender of the licensee’s license or authorization to practice as a physician assistant in another state or jurisdiction or the surrender of the licensee’s membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(l) the licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(m) the licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(n) the licensee’s ability to practice with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding;
(o) the licensee has exceeded or has acted outside the scope of authority given the physician assistant by the supervising physician or by this act; or
(p) the licensee has assisted suicide in violation of Kan. Stat. Ann. § 21-3406, prior to its repeal, or Kan. Stat. Ann. § 21-5407, and amendments thereto, as established by any of the following:
(1) A copy of the record of criminal conviction or plea of guilty for a felony in violation of Kan. Stat. Ann. § 21-3406, prior to its repeal, or Kan. Stat. Ann. § 21-5407, and amendments thereto.
(2) A copy of the record of a judgment of contempt of court for violating an injunction issued under Kan. Stat. Ann. § 60-4404, and amendments thereto.
(3) A copy of the record of a judgment assessing damages under Kan. Stat. Ann. § 60-4405, and amendments thereto.