65-1517. Revocation, suspension or limitation of license; censure; grounds.
65-1517
65-1517. Revocation, suspension or limitation of license; censure; grounds.A licensee's license may be revoked, suspended or limited, or thelicensee may be publicly or privately censured, upon a finding of theexistence of any of the following grounds:
(a) The licensee has committed fraud or misrepresentation in applyingfor or securing an original or renewal license.
(b) The licensee has committed an act of unprofessional conduct orprofessional incompetence.
(c) The licensee has been convicted of a felony,whether or not related to the practice of optometry.
(d) The licensee has used fraudulent or false advertisements.
(e) The licensee has willfully or repeatedly violated the optometry law, thepharmacy act of the state of Kansas or the uniform controlled substancesact, or any rules and regulations adopted pursuant thereto.
(f) The licensee has unlawfully performed practice acts of optometryfor which the licensee is not licensed to practice.
(g) The licensee has failed to pay annual renewal fees specified in this act.
(h) The licensee has failed to comply with the annual continuingeducation requirements as required by this act and the board.
(i) The licensee has engaged in the practice of optometry under afalse or assumed name, or the impersonation of another practitioner. Theprovisions of this subsection relating to an assumed name shall not applyto licensees practicing under a professional corporation or other legalentity duly authorized to provide such professional services in the state of Kansas.
(j) The licensee has the inability to perform optometry practice actsfor which the licensee is licensed with reasonable skill and safety topatients by reason of illness, alcoholism, excessive use of drugs,controlled substances, chemical or any other type of material or as aresult of any mental or physical condition. In determining whether or notsuch inability exists, the board, upon probable cause, shall have authorityto compel a licensee to submit to mental or physical examination by suchpersons as the board may designate. The licensee shall submit to the boarda release of information authorizing the board to obtain a report of suchexamination. A person affected by this subsection shall be offered, atreasonable intervals an opportunity to demonstrate that such person canresume the competent practice of optometry with reasonable skill and safetyto patients. For the purpose of this subsection, every person licensed topractice optometry and who shall accept the privilege to practice optometryin this state by so practicing or by the making and filing of an annualrenewal to practice optometry in this state shall be deemed to haveconsented to submit to a mental and physical examination when directed inwriting by the board and further to have waived all objections to theadmissibility of the testimony or examination report of the personconducting such examination at any proceeding or hearing before the boardon the grounds that such testimony or examination report constitutes aprivileged communication. In any proceeding by the board pursuant to theprovisions of this subsection, the record of such board proceedingsinvolving the mental and physical examination shall not be used in any otheradministrative or judicial proceeding.
(k) The licensee has had a license to practice optometry revoked,suspended or limited, has been censured or has had other disciplinaryaction taken, or an application for a license denied, by the proper licensingauthority of another state, territory, District of Columbia, or othercountry, a certified copy of the record of the action of the otherjurisdiction being conclusive evidence thereof.
(l) The licensee has violated any lawful rules and regulationspromulgated by the board or violated any lawful order or directive of theboard previously entered by the board.
(m) The licensee has cheated on or attempted to subvert the validityof the examination for a license.
(n) The licensee has been found to be mentally ill, disabled, notguilty by reason of insanity, not guilty because the licensee suffers from amental disease or defect or incompetent to stand trial by a court ofcompetent jurisdiction.
(o) The licensee has violated a federal law or regulation relating tocontrolled substances.
(p) The licensee has failed to furnish the board, or its investigatorsor representatives, any information legally requested by the board.
(q) Sanctions or disciplinary actions have been taken against thelicensee by a peer review committee, health care facility or a professionalassociation or society for acts or conduct similar to acts or conduct whichwould constitute grounds for disciplinary action under this section.
(r) The licensee has failed to report to the board any adverse actiontaken against the licensee by another state or licensing jurisdiction, apeer review body, a health care facility, a professional association orsociety, a governmental agency, by a law enforcement agency or a court foracts or conduct similar to acts or conduct which would constitute groundsfor disciplinary action under this section.
(s) The licensee has surrendered a license or authorization topractice optometry in another state or jurisdiction or has surrendered thelicensee's membership on any professional staff or in any professionalassociation or society while under investigation for acts or conductsimilar to acts or conduct which would constitute grounds for disciplinaryaction under this section.
(t) The licensee has failed to report to the board surrender of thelicensee's license or authorization to practice optometry in anotherstate or jurisdiction or surrender of the licensee's membership on anyprofessional staff or in any professional association or society whileunder investigation for acts or conduct which would constitute grounds fordisciplinary action under this section.
(u) The licensee has an adverse judgment, award or settlement againstthe licensee resulting from a medical liability claim related to acts orconduct similar to acts or conduct which would constitute grounds fordisciplinary action under this section.
(v) The licensee has failed to report to the board any adversejudgment, settlement or award against the licensee resulting from amalpractice liability claim related to acts or conduct similar to acts orconduct which wouldconstitute grounds for disciplinary action under this section.
(w) The licensee has failed to maintain a policy of professionalliability insurance as required by K.S.A. 40-3402 or 40-3403a andamendments thereto or pay theannual premium as required by K.S.A. 40-3404 and amendments thereto.
(x) The licensee has knowingly submitted any misleading, deceptive,false or fraudulent representation on a claim form bill or statement.
(y) The licensee has failed to provide to a patient the patient's writtenprescription for lenses for eyeglasses subsequent to the completion of theeye examination in accordance with applicable state or federal law.
History: L. 1990, ch. 223, § 13;L. 1995, ch. 251, § 34; Jan. 1, 1996.