phone: 785-296-7413
1-888-886-7205
fax: 785-296-0852
www.ksbha.org
Kansas State Board of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, KS 66612
GUIDELINES
FOR THE IMPOSITION OF
DISCIPLINARY ACTIONS
(August 2008)
TTY (Hearing Impaired) 711 or 1.800.766.3777 voice/TTY • e-mail: [email protected]
State Board of Healing Arts
Category
of Offense Description
Competency of Practice Licensee; Lacks skill and
judgment; gross
1A
negligence
Competency of Practice Licensee; willfully fails to
exercise appropriate
professional judgment or
fails to utilize skill to a
degree showing a lack of
1B
general competence
Competency of Practice Licensee; generally
competent but neglegently
has failed to use skill or
1C
judgment
1D
Sanctioning Guidelines
Sanctioning Goals)
(In Order of Priority)
1.Protect
public/Remediate if
possible;
2. Punish gross neg
Presumed Sanction for
Multiple Instances Presumed Sanction Same category of offense
(Prior to Adjustment * (Prior to Adjustment for
for Aggravating /
Aggravating / Mitigating
Mitigating factors)
factors)
Range when Presumed
Sanction is Modified by
Aggravating / Mitigating
Factors (Highest /
Lowest)
Presumed Sanction
as Modified for Prior
Board Actions (Prior
to Adjustment for
Aggravating /
Mitigating factors)
30-89 day suspension,
limitation, and
probation
Revocation
Revocation / Probation
Revocation
1.Protect public
2. Punish
3. Remediate
30-89 day suspension;
limitation, and
probation; and $500 - Suspension > 90 days;
$2499 fine
limitation, and probation;
30-89 day suspension /
Censure
Revocation
1. Punish
2. Rehabilitation
Probation and $500 $2499 fine
Revocation / Probation
Revocation
Revoke / $500 - $2499
Fine
Revocation
Competency of Practice Supervision- incompetent
acts of supervised person;
supervision is non-existent
or is sham relationship; or
potential for physical or
1. Protect Public
emotional harm to patients 2. Punish
Probation and $2500$5000 fine
30-89 day suspension,
probation or $2500 - Suspension > 90 days,
$5000 fine
limitation, and probation
1
State Board of Healing Arts
Category
of Offense Description
Sanctioning Guidelines
Sanctioning Goals)
(In Order of Priority)
Presumed Sanction for
Multiple Instances Presumed Sanction Same category of offense
(Prior to Adjustment * (Prior to Adjustment for
for Aggravating /
Aggravating / Mitigating
Mitigating factors)
factors)
1. Protect Public
2. Punish
Censure and $500 $2499 Fine
1. Protect Public;
2. Punish
Suspension > 90 days; and Revocation / $500 30-89 day suspension $2500 - $5000 Fine
$2499 Fine
2A
Competency of Practice Supervision - incompetent
acts of supervised person;
Fails to meet technical
regulatory requirements
Misconduct - Potentially
harmful to patients or other
providers, or actually
misleads board or is
disruptive to board
processes
2B
Misconduct - No likelihood
for physical or emotional
harm to patients but
discredits profession or
has potential to mislead
the board or the public
Punishment
1E
2C
2D
3A
Misconduct - No likelihood
of physical or emotional
harm but may cause
economic loss to patients
Misconduct - parallel
actions by other states or
by facilities
Criminal conduct - Felony
conviction
Protect Public
1. Protect Public
2. Rehabilitate
3. Punish
1. Protect Public
2. Punish
Range when Presumed
Sanction is Modified by
Aggravating / Mitigating
Factors (Highest /
Lowest)
Suspension > 90 days /
Suspension < 30 days and $500 - $2499 fine or
probation
Censure
Presumed Sanction
as Modified for Prior
Board Actions (Prior
to Adjustment for
Aggravating /
Mitigating factors)
30-89 days
suspension and
probation
Revocation
30-89 day suspension 30-89 suspension and
and $500 - $2499 Fine $500 - $2499 Fine
Suspension > 90 days
and $2500 - $5000 Fine /
Censure and
Fine
< $500
Revocation
1-29 day suspension; 1-29 day suspension; and
and Fine < $500
Fine < $500
30-89 day suspension
and Fine < $500 for each
instance of conduct
Revocation
Parallel other state
sanction
Parallel other state
Revocation / Fine < $500 sanction
Parallel other state
sanction
By statute: revocation Revocation
Revocation / Censure
Revocation
2
State Board of Healing Arts
Category
of Offense Description
Criminal conduct conviction of Class A
misdemeanor relating to
professional practice, or
crimes of dishonesty,
against persons, or moral
3B
turpitude
Criminal conduct conviction of Class A
misdemeanor not related
to professional practice,
not against persons, and
not a crime of dishonesty
3C
or moral turpitude
4A
4B
4C
5A
Sanctioning Guidelines
Sanctioning Goals)
(In Order of Priority)
1. Protect Public
2. Punish
Suspension < 30 days 30-89 day suspension; and Revocation / $500 and $500 - $2499 fine $2500 - $5000 Fine
$2499 Fine
Revocation
Punishment
$500 - $2499 Fine and
Censure
30-89 day suspension
Suspension > 90 days /
Censure
30-89 day suspension
and $500- $2499 Fine
Revocation
Revocation
Revocation / 90+ days
suspension
Revocation
1. Protect Public
2. Rehabilitate
3. Punish
30- 89 day
suspension, limitation,
and probation
Revocation
Revocation / Limitation
and probation
Revocation
1. Protect Public
2. Rehabilitate
3. Punish
30-89 days
suspension and
probation
30-89 day suspension,
probation, and $2500 $5000 fine
Suspension > 90 days,
Suspension > 90
probation, and $1 - $499 days, probation and
fine
$2500 - $5000 fine
1. Protect Public
2. Punish
30 - 89 day
suspension, probation, 30-89 suspension and
and $500 - $2499 fine probation
Suspension > 90
days, probation, and
$2500 - $5000 fine
Sexual misconduct - abuse 1. Protect Public
or exploitation of a patient 2. Punish
Sexual misconduct impropriety involving
patient
Sexual misconduct sexual harassment
associated with
professional practice
Billing/Business
Transactions - involving
exploitation of patient or
fraud of others
Presumed Sanction
as Modified for Prior
Board Actions (Prior
to Adjustment for
Aggravating /
Mitigating factors)
Presumed Sanction for
Multiple Instances Presumed Sanction Same category of offense
(Prior to Adjustment * (Prior to Adjustment for
for Aggravating /
Aggravating / Mitigating
Mitigating factors)
factors)
Range when Presumed
Sanction is Modified by
Aggravating / Mitigating
Factors (Highest /
Lowest)
Revocation / Probation
3
State Board of Healing Arts
Category
of Offense Description
Billing/Business
Transactions - otherwise
5B
wrongful
7A
7B
8A
8B
9A
Sanctioning Guidelines
Sanctioning Goals)
(In Order of Priority)
1. Rehabilitate
2. Punish
3. Protect Public
Advertising - involving
misleading, false or
prohibited statements,
exploitation, economic
6 injury, or giving false hope Protect Public
Impairment - non
cooperative, unable to
remediate
Protect Public
Impairment - appears
remediable but disciplinary 1. Punish
order needed
2. Protect Public
Administrative
Requirements - Intentional
or wanton, potentially
disruptive to regulation of
the profession
Administrative
Requirements - negligent
failure to adhere
Inappropriate Prescribing no legitimate medical
purpose
Punishment
1. Punish
2. Rehabilitate
1. Protect Public
2. Punish
Presumed Sanction for
Multiple Instances Presumed Sanction Same category of offense
(Prior to Adjustment * (Prior to Adjustment for
for Aggravating /
Aggravating / Mitigating
Mitigating factors)
factors)
30-89 day suspension and
1-29 day suspension; Fine < $500 for each
and $500 - $2499 Fine instance of conduct
$2500 - $5000 fine for
$500 - $5000 Fine and each instance of conduct
Censure
and Censure
Suspension indefinite and
Revoke / Suspension probation
Indefinite
Limitation and
probation
N/A
Suspension > 90 days /
Probation and Censure
Presumed Sanction
as Modified for Prior
Board Actions (Prior
to Adjustment for
Aggravating /
Mitigating factors)
Suspension > 90
days, probation, and
$2500 - $5000 fine
Suspension < 30 days /
Censure
Suspension > 90 days
and $2500 - $5000
Fine for each
instance of conduct
Revoke / Suspension Indefinite
Revocation
Indefinite suspension /
limitation, and probation
30-89 day
suspension, limitation
and probation
Range when Presumed
Sanction is Modified by
Aggravating / Mitigating
Factors (Highest /
Lowest)
Suspension < 30 days and 30-89 day suspension;
Suspension > 90
$2500-$5000 Fine and Fine < $500 for each
$2500 - $5000 Fine /
days, limitation and
Censure
instance
Censure and Fine < $500 probation
Fine < $500 and
Censure
Suspension > 90 days
and $2500 - $5000
Fine
$500 - $2499 Fine and
Censure
Suspension > 90 days,
limitation, probation and
$2500 - $5000 fine
Suspension < 30 days /
Censure
Suspension < 30 days
and Fine < $500
Revocation / Suspension
< 30 days
Revocation
4
State Board of Healing Arts
Category
of Offense Description
Sanctioning Guidelines
Sanctioning Goals)
(In Order of Priority)
Presumed Sanction for
Multiple Instances Presumed Sanction Same category of offense
(Prior to Adjustment * (Prior to Adjustment for
for Aggravating /
Aggravating / Mitigating
Mitigating factors)
factors)
Range when Presumed
Sanction is Modified by
Aggravating / Mitigating
Factors (Highest /
Lowest)
Presumed Sanction
as Modified for Prior
Board Actions (Prior
to Adjustment for
Aggravating /
Mitigating factors)
1. Rehabilitate
2. Protect Public
$2500 - $5000 Fine
and Censure
30-89 days suspension;
$2500 - $5000 Fine /
Censure
30-89 day
suspension, limitation
and probation
1. Punish
2. Protect Public
30-89 day suspension and Revocation / $2500 30-89 day suspension $2500 - $5000 Fine for
$5000 Fine for each
and $500 - $2499 Fine each instance
instance
Revocation
30-89 days
suspension and
probation
10B
Inappropriate Prescribing willfully or negligently failed
to follow requirements
Patient Records deceptively altered or
intentionally failed to create
documentation
Patient Records - poor
documentation, negligently
failed to meet
requirements
Rehabilitate
Probation and < $500 Probation and < $500 fine
fine
for each instance
10C
Patient Records - fail to
maintain confidentiality
1. Protect Public
2. Punish
$2500 - $5000 fine
and probation
10D
Patient Records - fail to
disclose as required
without just cause
1. Protect Public
2. Punish
9B
10A
$500 - $2499
$2500 - $5000 fine,
limitation, and probation
Suspension < 30 days
and probation / Censure
Suspension > 90 days
Suspension < 30 days and and $2500 - $5000 Fine /
probation
Censure and Fine < $500 Revocation
$500 - $2499
30-89 day suspension /
Censure
30-89 day suspension
and $500- $2499 Fine
for each instance
5