65-2842. Mental or physical examination or drug screen, or any combination thereof, of licensee, registrant, permit holder or certificate holder; requirement by board; confidentiality of records; computation of time limit for hearing. (a) Upon reasonable suspicion that a person's ability to practice such person's profession with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances, the board shall have authority to compel the person to submit to a mental or physical examination, substance abuse evaluation or drug screen or any combination thereof, by such persons as the board may designate either in the course of an investigation or a disciplinary proceeding.
(b) To determine whether reasonable suspicion of impaired ability exists, the investigative information shall be presented to the board as a whole, or to a committee consisting of the officers of the board elected pursuant to K.S.A. 65-2818, and amendments thereto, and the executive director appointed pursuant to K.S.A. 65-2878, and amendments thereto, or to a presiding officer authorized pursuant to K.S.A. 77-514, and amendments thereto. The determination shall be made by a majority vote of the entity which reviewed the investigative information. Information submitted to the board as a whole or a committee of the officers and executive director of the board or presiding officer and all reports, findings and other records shall be confidential and not subject to discovery by or release to any person or entity.
(c) The person shall submit to the board a release of information authorizing the board to obtain a report of such examination or drug screen, or both. Any person affected by this section shall be offered, at reasonable intervals, an opportunity to demonstrate that such person can resume the competent practice of such person's profession with reasonable skill and safety to patients. For the purposes of this section, every person who accepts the privilege to practice any profession regulated by the board in this state by practicing or by the making and filing of a renewal application in this state shall be deemed to have consented to submit to a mental or physical examination, substance abuse evaluation or a drug screen, or any combination thereof, when directed in writing by the board. Further, such person shall be deemed to have waived all objections to the admissibility of the testimony, drug screen or examination report of the person conducting such examination or drug screen, or both, at any proceeding or hearing before the board on the ground that such testimony or examination or drug screen report constitutes a privileged communication.
(d) In any proceeding by the board pursuant to the provisions of this section, the records of any board proceedings involving the mental and physical examination, substance abuse evaluation or drug screen, or any combination thereof, shall be considered confidential and shall not be used in any civil, criminal or administrative action, other than an administrative or disciplinary proceeding by the board.
(e) Whenever the board directs, that a licensee, registrant, permit holder or certificate holder submit to a mental or physical examination, substance abuse evaluation or drug screen, or any combination thereof, the time from the date of the board's directive until the submission to the board of the report of the examination or drug screen, or both, shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.
History: L. 1957, ch. 343, § 42; L. 1979, ch. 198, § 6; L. 1983, ch. 214, § 3; L. 1984, ch. 238, § 14; L. 1984, ch. 313, § 119; L. 1991, ch. 192, § 4; L. 2014, ch. 131, § 16; July 1, 2015.
Structure Kansas Statutes
65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.
65-2804 Attainment of legal age required prior to receiving permanent license.
65-2806 Form and type of license.
65-2807 License presumptive evidence of right to practice.
65-2811 Issuance of temporary permits; postgraduate permits.
65-2812 State board of healing arts; membership; appointment.
65-2813 State board of healing arts; qualifications of members.
65-2814 Same; terms of members; vacancies.
65-2817 Same; removal from office by governor, when.
65-2819 Same; seal; rules; oath; meetings.
65-2823 Same; compensation and expenses of members.
65-2824 Application for examination, contests; fees; documents and affidavits.
65-2825 Accredited schools; list.
65-2826 Where and when examinations held.
65-2827 List of eligible applicants prior to examinations.
65-2828 Rules and regulations designating examinations and passing grade; reexamination.
65-2831 Issuance of license; record.
65-2832 Preservation of examination results; availability.
65-2833 Endorsement licenses; requirements; rules and regulations.
65-2835 Certificate of standing; application; fee.
65-2838a Non-disciplinary resolution; procedure.
65-2840c Review committees; establishment; composition; expenses.
65-2846 Costs of proceedings; assessment of costs incurred.
65-2847 Same; costs due state; uncollectible, paid by board.
65-2849 Hearing of cause in district court; precedence.
65-2850 Same; appeal bond of licensee.
65-2851a Administrative proceedings; procedure, review and civil enforcement.
65-2852 Fees; collection by board.
65-2855 Fees; disposition of; healing arts fee fund.
65-2857 Injunction and quo warranto for unlawful practice of the healing arts.
65-2858 Same; authority conferred by 65-2857 additional to authority to prosecute criminally.
65-2859 Filing false documents with board; forgery; penalty.
65-2860 False impersonation; fraud; penalty.
65-2861 False swearing; penalty.
65-2862 Penalties for violations of act; second conviction.
65-2863a Administrative fines.
65-2864 Enforcement of act; investigations; evidence.
65-2865 Rules and regulations; filing.
65-2867 Certain acts prohibited; exceptions; penalties.
65-2869 Persons deemed engaged in practice of medicine and surgery.
65-2870 Persons deemed engaged in practice of osteopathy.
65-2871 Persons deemed engaged in practice of chiropractic.
65-2872 Persons not engaged in the practice of the healing arts.
65-2872b Same; administration of epinephrine; limitation of liability.
65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.
65-2873b Resident active license; requirements.
65-2875 Accredited schools of osteopathic medicine defined.
65-2876 Accredited school or college of chiropractic, defined.
65-2880 Pending actions; vested rights saved.
65-2881 Current licenses continued; renewal.
65-2885 Use of title by licensee.
65-2886 Licensee to comply with public health laws and regulations.
65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.
65-2890 Name of act; citation.
65-2890a Provisions of act applicable to any regulated profession.
65-2891 Emergency care by healthcare providers; liability; standards of care applicable.
65-2891b Emergency care by non-health care providers; liability, standards of care applicable.
65-2892 Examination and treatment of persons under 18 for venereal disease; liability.
65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.
65-2893 Autopsies; performance of; authorization.
65-2895 Institutional license; qualifications; rights and restrictions; term of license.
65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.
65-28,104 Same; revocation of declaration.
65-28,108 Same; construction and effect of act.
65-28,121 Reports by hospitals and others; administrative fines for failure to report.
65-28,123 Temporary education license; issuance; qualifications; conditions; fee.
65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.
65-28,129 State board of healing arts; fingerprinting and criminal history.
65-28,130 Same; graduated sanctions; reference guide.
65-28,131 Same; website; licensee information.