65-5510. Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement.
65-5510
65-5510. Denial, revocation, limitation orsuspension of licenseor refusalto renew license; unprofessional conduct; discipline; civil fines; procedure;reinstatement.(a) The board may deny, refuse to renew, suspend, revokeor limit a license or the licensee may be publicly or privatelycensured where the licensee orapplicant for licensure has been guilty ofunprofessional conduct which hasendangered or is likely to endanger the health, welfare or safety of thepublic. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud,misrepresentation orconcealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules andregulations adopted by the board;
(3) being convicted of a felony if the acts for which such person wasconvicted are found by the board to have a direct bearing on whether suchperson should be entrusted to serve the public in the capacity of arespiratory therapist;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocationor limitation of a license or public or private censure of alicensee may be ordered by the board afternotice and hearing on the matter in accordance with the provisions of theKansas administrative procedure act. Upon the end of the period of timeestablished by the board for the revocation of alicense, applicationmay be made to the board forreinstatement. The board shall have discretion to accept or reject anapplication for reinstatement and may hold a hearing to consider suchreinstatement. An application for reinstatement of a revoked licenseshall be accompanied by thelicense renewal fee and the license reinstatement feeestablished under K.S.A.65-5509 and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection(a), may assess a civil fine, after proper notice and an opportunity to beheard, against a licensee for unprofessional conduct in an amount not to exceed$5,000 for the first violation, $10,000 for the second violation and $15,000for the third violation and for each subsequent violation. All fines assessedand collected under this section shall be remitted to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the state general fund.
History: L. 1986, ch. 322, § 10;L. 1999, ch. 87, § 15;L. 2004, ch. 117, § 21; July 1.