65-4209. Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal history record information.
65-4209
65-4209. Grounds for disciplinary actions; proceedings; witnesses; costs;professional incompetency defined; criminal history record information.(a) The board may deny, revoke, limit or suspendany license to practiceas a mental health technician issued or applied for in accordance with theprovisions of this act, may publicly or privately censurea licensee or may otherwise discipline a licensee upon proof thatthe licensee:
(1) Is guilty of fraud or deceit in procuring or attempting to procure alicense to practice mental health technology;
(2) is unable to practice with reasonable skill and safety due tocurrent abuse of drugs or alcohol;
(3) 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;
(4) is incompetent or grossly negligent in carrying out thefunctions ofa mental health technician;
(5) has committed unprofessional conduct as defined by rules andregulations of the board;
(6) has been convicted of a felony orhas been convicted of a misdemeanor involving an illegal drug offense, unlessthe applicant or licenseeestablishes sufficient rehabilitation to warrant the public trust, exceptthat notwithstanding K.S.A. 74-120 no license, certificate of qualification orauthorization to practiceas a licensed mental health technicianshallbe granted to a person with a felony conviction for a crime against persons asspecified in article 34 of chapter 21 of the Kansas Statutes Annotated and actsamendatory thereof or supplemental thereto;
(7) has committed an act of professional incompetency as defined insubsection (e);
(8) to have willfully or repeatedly violated the provisions of the mentalhealth technician's licensure act or rules and regulations adopted under thatact and amendments thereto; or
(9) to have a license to practice mental health technologydenied, revoked, limited or suspended, or to be publicly or privately censured,by a licensingauthority ofanother state, agency of the United States government, territory of the UnitedStates or country or to have other disciplinary action taken against theapplicant or licensee by a licensing authority of another state, agency of theUnited States government, territory of the United States or country. Acertified copy of the record or order of public or private censure, denial,suspension, limitation,revocation or other disciplinary action of the licensing authority of anotherstate, agency of the United States government, territory of the United Statesor country shall constitute prima facie evidence of such a fact for purposes ofthis paragraph (9).
(b) Upon filing a sworn complaint with the board charging a person withhaving been guilty of any of the unlawful practices specified in subsection(a), two or more members of the board shall investigate the charges, or theboard may designate and authorize an employee or employees of the board toconduct an investigation. After investigation, the board may institutecharges. If an investigation, in the opinion of the board, reveals reasonablegrounds to believe the applicant or licensee is guilty of the charges, theboard shall fix a time and place for proceedings, which shall be conducted inaccordance with the Kansas administrative procedure act.
(c) No person shall be excused from testifying in any proceedings beforethe board under the mental health technician's licensure act or in any civilproceedings under such act before a court of competent jurisdiction on theground that the testimony may incriminate the person testifying, but suchtestimony shall not be used against the person for the prosecution of any crimeunder the laws of this state except the crime of perjury as defined in K.S.A.21-3805 and amendments thereto.
(d) If final agency action of the board in a proceeding under this sectionis adverse to the applicant or licensee, the costs of the board's proceedingsshall be charged to the applicant or licensee as in ordinary civil actions inthe district court, but if the board is the unsuccessful party, the costs shallbe paid by the board. Witness fees and costs may be taxed by the boardaccording to the statutes relating to procedure in the district court. Allcosts accrued by the board, when it is the successful party, and which theattorney general certifies cannot be collected from the applicant or licenseeshall be paid from the board of nursing fee fund.All moneys collected following board proceedings shall be credited in full tothe board of nursing fee fund.
(e) As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicablestandard of care to a degree which constitutes gross negligence, as determinedby 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 a manifestincapacity or incompetence to practice mental health technology.
(f) The board upon request shall receive from the Kansas bureau ofinvestigation such criminal history record informationrelating to criminal convictionsas necessary forthe purpose of determining initial and continuing qualifications of licenseesof and applicants for licensure by the board.
(g) All proceedings under this section shall be conducted inaccordancewith the provisions of the Kansas administrative procedure act.
History: L. 1973, ch. 308, § 9; L. 1983, ch. 207, § 8;L. 1984, ch. 313, § 129; L. 1987, ch. 247, § 2;L. 1993, ch. 194, § 5;L. 1995, ch. 97, § 6;L. 1997, ch. 158, § 10; July 1.