65-1120. Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal justice record information.
65-1120
65-1120. Grounds for disciplinary actions;proceedings; witnesses; costs;professional incompetency defined; criminal justice recordinformation.(a) Grounds for disciplinary actions. The boardmay deny, revoke, limit or suspend anylicense,certificate of qualification or authorization to practice nursing as aregistered professional nurse, as a licensedpractical nurse, as an advanced registered nurse practitioneror as a registered nurse anesthetist that isissued by the board or applied forunder this act or may publicly or privately censurea licensee or holder of a certificate of qualification or authorization, ifthe applicant, licensee or holder of a certificate ofqualification or authorization isfound after hearing:
(1) To be guilty of fraud or deceit in practicing nursing or inprocuring or attempting to procure a license to practice nursing;
(2) to have been guilty of a felony orto have been guilty of a misdemeanor involving an illegal drug offense unlessthe applicant or licensee establishes sufficient rehabilitation to warrantthe public trust, except that notwithstanding K.S.A. 74-120 no license,certificate of qualification orauthorization topractice nursing as a licensed professional nurse, as a licensed practicalnurse, as an advanced registered nurse practitioner or registered nurseanesthetist shall be granted to a person with a felony conviction for a crimeagainst persons as specified in article 34 of chapter 21 of the Kansas StatutesAnnotated and acts amendatory thereof or supplemental thereto;
(3) to have committed an act of professional incompetency as defined insubsection (e);
(4) to be unable to practice with skill andsafety due tocurrent abuse of drugs or alcohol;
(5) to be a person who has been adjudged in need of aguardian or conservator, or both, under the act for obtaining a guardian orconservator, or both, and who has not been restored to capacity under thatact;
(6) to be guilty of unprofessional conduct as defined by rulesand regulations of the board;
(7) to have willfully or repeatedly violated theprovisions ofthe Kansas nurse practice act or any rules andregulations adopted pursuantto that act, including K.S.A. 65-1114 and 65-1122 and amendments thereto;
(8) to have a license to practice nursing as a registered nurseor asa practical nurse denied, revoked, limitedor suspended, or to be publicly or privately censured,by a licensingauthority of another state, agency of the United States government,territory of the United States or country or to have other disciplinaryaction taken against the applicant or licensee by a licensing authority ofanother state, agency of the United States government, territory of theUnited States or country. A certified copy of the record or order ofpublic or private censure, denial, suspension, limitation, revocation orother disciplinary action ofthe licensing authority of another state, agency of the United Statesgovernment, territory of the United States or country shall constituteprima facie evidence of such a fact for purposes of this paragraph (8);or
(9) to have assisted suicide in violation of K.S.A. 21-3406 and amendmentsthereto as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for afelony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating aninjunction issued under K.S.A. 2002 Supp. 60-4404 and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 2002Supp. 60-4405 andamendments thereto.
(b) Proceedings. Upon filing of a sworn complaint with the boardcharging a person with having been guilty of any of the unlawful practicesspecified in subsection (a), two or more members of the board shallinvestigate the charges, or the board may designate and authorizeanemployee or employees of the board to conduct an investigation. Afterinvestigation, the board may institute charges.If an investigation, in the opinion of the board,reveals reasonable groundsfor believing the applicant or licensee is guilty of the charges, the boardshall fix a time and place for proceedings, which shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act.
(c) Witnesses. No person shall be excused from testifying inany proceedings before the board under this act or in any civilproceedings under this act before a court of competent jurisdiction onthe ground that such testimony may incriminate the person testifying,but such testimony shall not be used against the person for the prosecution ofany crime under the laws of thisstate except the crimeof perjury as defined in K.S.A. 21-3805 and amendments thereto.
(d) Costs. If final agency action of the board in a proceedingunderthis section is adverse to the applicant or licensee,the costsof the board's proceedings shall be charged to the applicant or licensee asin ordinary civil actions in the district court, but if the board is theunsuccessful party, the costs shall be paid by the board. Witness fees andcosts may be taxed by the board according to the statutes relating toprocedure in the district court. All costs accruedby the board, when it is the successful party, and which the attorneygeneralcertifies cannot be collected from the applicant or licensee shall be paid fromthe board of nursing fee fund.All moneys collected following board proceedings shall be credited in full tothe board of nursing fee fund.
(e) Professional incompetency defined. As used in thissection, "professional incompetency" means:
(1) One or more instances involving failure to adhere to theapplicable standard of care to a degree which constitutes gross negligence,as determined by 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; or
(3) a pattern of practice or other behavior which demonstrates amanifest incapacity or incompetence to practice nursing.
(f) Criminal justice information. The board upon request shallreceive from the Kansas bureau ofinvestigation such criminal history record informationrelating to arrests and criminal convictionsas necessary forthe purpose of determining initial and continuing qualifications of licenseesof and applicants for licensure by the board.
History: L. 1949, ch. 331, § 9; L. 1963, ch. 314, § 6;L.1972, ch. 231, § 10; L. 1975, ch. 316, § 7; L. 1978, ch. 240,§ 6; L. 1981, ch. 245, § 1; L. 1983, ch. 206, § 10;L. 1985, ch. 88, § 6;L. 1986, ch. 233, § 4;L. 1990, ch. 221, § 5;L. 1993, ch. 194, § 1;L. 1995, ch. 97, § 2;L. 1997, ch. 158, § 4;L. 1998, ch. 142, § 8; July 1.