65-1436. Grounds for refusal to issue license or for action against license of dentist or dental hygienist; disciplinary action by board; notice and hearing; professionally incompetent defined; physic
65-1436
65-1436. Grounds for refusal to issue license or foraction againstlicense of dentist or dental hygienist; disciplinary action by board;notice and hearing; professionally incompetent defined; physical or mentalexamination.(a) The Kansas dental board may refuse to issue thelicense provided for in this act, ormay take any of the actions with respect to any dental or dental hygienelicense as set forth in subsection (b), whenever it isestablished, after notice and opportunity for hearing in accordance with theprovisions of the Kansas administrative procedure act, that any applicantfor a dental or dental hygiene license or any licensed dentistor dental hygienist practicing in the state of Kansas has:
(1) Committed fraud, deceit or misrepresentation in obtaining anylicense, money or other thing of value;
(2) habitually usedintoxicants or drugs which have rendered such person unfit for the practice ofdentistry or dental hygiene;
(3) been determined by the boardto be professionally incompetent;
(4) committed gross, wanton or willful negligence in the practice ofdentistry or dental hygiene;
(5) employed, allowed or permitted any unlicensedperson or persons to perform any work in the licensee'soffice which constitutes the practice of dentistry or dental hygiene under theprovisions of this act;
(6) willfully violated the laws of this state relating to the practiceof dentistry or dental hygiene or the rules and regulations of the secretaryof health and environment or of the board regarding sanitation;
(7) engaged in the division of fees, or agreed to split or divide thefee received for dental service with anyperson for bringing or referring a patient without the knowledge of thepatient or the patient's legal representative, except the division of feesbetween dentists practicing in a partnership and sharing professional fees,or in case of one licensed dentist employing another;
(8) committed complicity in association with orallowed the use of the licensed dentist's name in conjunction with any personwho is engaged in the illegal practice of dentistry;
(9) been convictedof a felony or amisdemeanor involving moral turpitude in any jurisdiction and the licenseefails to show that the licensee has been sufficiently rehabilitated to warrantthe public trust;
(10) prescribed, dispensed, administered or distributed a prescriptiondrug or substance, including a controlled substance, inan excessive, improper or inappropriate manner or quantity outside the scope ofpractice of dentistry or in a manner that impairs the health and safety of anindividual;
(11) prescribed, purchased, administered, sold or given away prescriptiondrugs, including a controlled substance, for other thanlegal and legitimate purposes;
(12) violated or been convicted of any federal or state law regulatingpossession, distribution or use of any controlled substance;
(13) failed to pay license fees;
(14) used the name "clinic," "institute" or other title thatmay suggesta public or semipublic activity except that the name "clinic" may be usedas authorized in K.S.A. 65-1435, and amendments thereto;
(15) committed, after becoming a licensee, any conduct which isdetrimentalto the public health, safety or welfare as defined by rules and regulationsof the board;
(16) engaged in a misleading, deceptive, untrue or fraudulentmisrepresentation in the practice of dentistry or on any document connectedwith the practice of dentistry byknowingly submitting any misleading, deceptive, untrue or fraudulentmisrepresentation on a claim form, bill or statement, including thesystematic waiver of patient co-payment or co-insurance;
(17) failed to keep adequate records;
(18) the licenseehas had a license to practice dentistry revoked, suspended or limited, has beencensured or has had other disciplinary action taken, an application for licensedenied, or voluntarily surrendered the license after formal proceedings havebeen commenced by the proper licensing authority or another state, territory orthe District of Columbia or other country, a certified copy of the record ofthe action of the other jurisdiction being conclusive evidence thereof;
(19) failed to furnish the board, or its investigators orrepresentativesany information legally requested by the board; or
(20) 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. 60-4404, and amendmentsthereto.
(C) A copy of the record of a judgment assessing damages under K.S.A.60-4405, andamendments thereto.
(b) Whenever it is established, after notice and opportunity for hearingin accordance with the provisions of the Kansas administrative procedureact, that a licensee is in any of the circumstances or has committedany of the acts described in subsection (a), the Kansas dental board maytake one or any combination of the following actions with respect to thelicense of the licensee:
(1) Revoke the license.
(2) Suspend the license for such period of time as may be determined by theboard.
(3) Restrict the right of the licensee to practice by imposing limitationsupon dental or dental hygiene procedures which may be performed, categoriesof dental disease which may be treated or types of patients which may betreated by the dentist or dental hygienist. Such restrictions shall continuefor such period of time as may be determined by the board, and the boardmay require the licensee to provide additional evidence at hearing beforelifting such restrictions.
(4) Grant a period of probation during which the imposition of one ormore of the actions described in subsections (b)(1) through (b)(3) willbe stayed subject to such conditions as may be imposed by the board includinga requirement that the dentist or dental hygienist refrain from any courseof conduct which may result in further violation of the dental practiceact or the dentist or dental hygienist complete additional or remedialinstruction. The violation of any provision of the dental practice act orfailure tomeet any condition imposed by the board as set forth in the order of theboard will result in immediate termination of the period of probation andimposition of such other action as has been taken by the board.
(c) As used in this section, "professionally incompetent" means:
(1) One or more instances involving failure to adhere to the applicablestandard of dental or dental hygienist care to a degree which constitutes grossnegligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicablestandard of dental or dental hygienist care to a degree which constitutesordinary negligence, as determined by the board; or
(3) a pattern of dental or dental hygienist practice or other behavior whichdemonstrates a manifest incapacity or incompetence to practice dentistry.
(d) In addition to or in lieu of one or more of the actions described insubsections (b)(1) through (b)(4) or in subsection (c) of K.S.A. 65-1444, andamendments thereto, the board mayassessa fine not in excess of $10,000 against a licensee. All fines collectedpursuant to this subsection shall be remitted to the statetreasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury and of the amount soremitted, an amount equal to theboard's actual costs related to fine assessment and enforcementunder this subsection, as certified by the president of the board to the statetreasurer,shall becredited to the dental board fee fundand the balance shall be credited to the state general fund.
(e) The board, upon its own motion or upon the request of anylicenseewho is a party to a licensure action, may require a physical or mentalexamination,or both, of such licensee either prior to a hearing to be held as a partof a licensure action or prior to the termination of any period of suspensionor the termination of any restrictions imposed upon the licensee as providedin subsection (b).
History: L. 1943, ch. 221, § 20; L. 1972, ch. 231, § 11; L.1975, ch. 462, § 86; L. 1983, ch. 209, § 6; L. 1984, ch. 230, § 2;L. 1984, ch. 313, § 99;L. 1986, ch. 234, § 1;L. 1996, ch. 85, § 3;L. 1997, ch. 81, § 2;L. 1998, ch. 142, § 9;L. 2001, ch. 5, § 226;L. 2007, ch. 134, § 2; July 1.