65-2006. Suspension, revocation or limitation of licenses and permits; grounds; consent to submit to mental or physical examination implied; professional incompetency and unprofessional conduct define
65-2006
65-2006. Suspension, revocation or limitation oflicenses andpermits; grounds; consent to submit to mental or physical examinationimplied; professional incompetency and unprofessional conduct defined;hearing procedure.(a) The board, upon hearing, may revoke, suspend or limit any license orpermit to practice podiatry, may deny issuance or renewal of any suchlicense or permit, or may publicly or privately censure a licensee orpermittee, if the person holding or applying for such license orpermit is found by the board to:
(1) Have committed fraud in securing the license or permit;
(2) have engaged in unprofessional or dishonorable conductor professional incompetency;
(3) have been convicted of a felony if the board determines, afterinvestigation, that such person has not been sufficiently rehabilitatedto warrant the public trust;
(4) have used untruthful or improbable statements or flamboyant,exaggerated or extravagant claims in advertisements concerning thelicensee's or permit holder's professional excellence or abilities;
(5) be addicted to or have distributed intoxicating liquors or drugsfor any other than lawful purposes;
(6) have willfully or repeatedly violated the podiatry act, thepharmacy act or the uniform controlled substances act, or any rules andregulations adopted thereunder, or any rules and regulations of thesecretary of health and environment which are relevant to the practiceof podiatry;
(7) have unlawfully invaded the field of practice of any branch ofthe healing arts;
(8) have failed to submit proof of completion of a continuingeducation course required pursuant to the podiatry act;
(9) have engaged in the practice of podiatry under a false orassumed name or impersonated another podiatrist, but practice by alicensee or permit holder under a professional corporation or otherlegal entity duly authorized to provide podiatry services in the stateshall not be considered to be practice under an assumed name;
(10) be unable to practice podiatry with reasonable skill and safetyto patients by reason of any mental or physical condition, illness,alcoholism or excessive use of drugs, controlled substances or chemicalor any other type of material;
(11) have had the person's license or permit to practice podiatryrevoked, suspended or limited, or have had other disciplinary actions takenor an application for a license or permit denied, by the proper licensingauthority of any state, territory or country or the District of Columbia;
(12) have violated any rules and regulations of the board or anylawful order or directive of the board;
(13) have knowingly submitted a misleading, deceptive, untrue orfraudulent misrepresentation on a claim form, bill or statement; or
(14) 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) In determining whether or not a licensee or permit holder isunable to practice podiatry with reasonable skill and safety to patientsas provided in subsection (a)(10), the board, upon probable cause, shallhave authority to compel a licensee or permit holder to submit to mentalor physical examination by such persons as the board may designate.Failure of a licensee or permit holder to submit to such examinationwhen directed shall constitute an admission of the allegations againstthe licensee or permit holder, unless the failure was due tocircumstances beyond the licensee's or permit holder's control. A personaffected by this subsection shall be offered, at reasonable intervals,an opportunity to demonstrate that such person can resume the competentpractice of podiatry with reasonable skill and safety to patients. Eachlicensee or permit holder accepting the privilege to practice podiatryin this state, by practicing podiatry in this state or by making andfiling an application for a license or permit, or renewal of a licenseor permit, to practice podiatry in this state, shall be deemed to haveconsented to submit to a mental or physical examination when directed inwriting by the board pursuant to this subsection and to have waived allobjections to the admissibility of the testimony or examination reportof the person conducting such examination at any proceeding or hearingbefore the board on the ground that such testimony or examination reportconstitutes a privileged communication. The record of any boardproceedings involving a mental or physical examination pursuant to thissubsection shall not be used in any other administrative or judicialproceeding.
Whenever the board directs that a licensee or permit holder submit toan examination pursuant to this subsection, the time from the date ofthe board's directive until the submission to the board of the report ofthe examination shall not be included in the computation of the timelimit for hearing prescribed by the Kansas administrative procedure act.
(c) As used in this section, "professional incompetency" and"unprofessional conduct" shall have the meanings ascribed thereto byK.S.A. 65-2837 and amendments thereto.
(d) The procedure for revocation, suspension, limitation, temporarysuspension, temporary limitation, or for denial of issuance or renewalpursuant to this section, of any license or permit to practice podiatryshall be in accordance with the provisions of the Kansas administrativeprocedure act.
History: L. 1927, ch. 246, § 7; L. 1975, ch. 323, § 5; L. 1979,ch. 197, § 6; L. 1984, ch. 313, § 117; L. 1986, ch. 234, § 4; L. 1988, ch.246, § 5;L. 1998, ch. 142, § 11; July 1.