Kansas Administrative Regulations › Agency 100 - KANSAS STATE BOARD OF HEALING ARTS › Article 69 - ATHLETIC TRAINING › Section 100-69-7 - Unprofessional conduct; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Unprofessional conduct" shall mean any of the following:
(1) Soliciting patients through the use of
			 false advertisements or profiting by the acts of those representing themselves
			 to be agents of the licensee;
(2)
			 representing to a patient that a manifestly incurable disease, condition, or
			 injury can be permanently cured;
(3) assisting in the care or treatment of a
			 patient without the consent of the patient or the patient's legal
			 representative;
(4) using any
			 letters, words, or terms as an affix on stationery or in advertisements or
			 otherwise indicating that the person is entitled to practice any profession
			 regulated by the board or any other state licensing board or agency for which
			 the person is not licensed;
(5)
			 willful betrayal of confidential information;
(6) advertising professional superiority or
			 the performance of professional services in a superior manner;
(7) advertising to guarantee any professional
			 service or to perform any professional service painlessly;
(8) engaging in conduct related to the
			 practice of athletic training that is likely to deceive, defraud, or harm the
			 public;
(9) making a false or
			 misleading statement regarding the licensee's skill or the efficacy or value of
			 the treatment or remedy prescribed by the licensee or at the licensee's
			 direction;
(10) commission of any
			 act of sexual abuse, misconduct, or other improper sexual contact that exploits
			 the licensee-patient relationship, with a patient or a person responsible for
			 health care decisions concerning the patient;
(11) using any false, fraudulent, or
			 deceptive statement in any document connected with the practice of athletic
			 training, including the intentional falsifying or fraudulent altering of a
			 patient record;
(12) obtaining any
			 fee by fraud, deceit, or misrepresentation;
(13) failing to transfer a patient's records
			 to another licensee when requested to do so by the patient or by the patient's
			 legally designated representative;
(14) performing any unnecessary tests,
			 examinations, or services that have no legitimate purpose;
(15) charging an excessive fee for services
			 rendered;
(16) repeated failure to
			 engage in the practice of athletic training with that level of care, skill, and
			 treatment that is recognized by a reasonably prudent similar practitioner as
			 being acceptable under similar conditions and circumstances;
(17) failure to keep written medical records
			 that accurately describe the services rendered to each patient, including
			 patient histories, pertinent findings, examination results, and test
			 results;
(18) providing services as
			 an athletic trainer without practice protocols or contrary to the practice
			 protocols filed with the board;
(19) practicing athletic training while the
			 licensee's ability to practice with reasonable skill and safety to patients is
			 impaired by reason of physical or mental illness or the use of alcohol, drugs,
			 or controlled substances;
(20)
			 committing fraud or misrepresentation in applying for or securing an original,
			 renewal, or reinstated license;
(21) willfully or repeatedly violating the
			 healing arts act, any implementing regulations, or any regulations of the board
			 or the secretary of health and environment that govern the practice of athletic
			 training;
(22) unlawfully
			 practicing any profession regulated by the board in which the licensed athletic
			 trainer is not licensed to practice;
(23) failing to report or reveal the
			 knowledge required to be reported or revealed pursuant to
			 K.S.A.
			 65-7621, and amendments thereto;
(24) failing to furnish the board, or its
			 investigators or representatives, any information legally requested by the
			 board;
(25) incurring any sanction
			 or disciplinary action by a peer review committee, a governmental agency or
			 department, or a professional association or society for conduct that could
			 constitute grounds for disciplinary action under the act or this article of the
			 board's regulations;
(26) knowingly
			 submitting any misleading, deceptive, untrue, or fraudulent representation on a
			 claim form, bill, or statement;
(27) giving a worthless check or stopping
			 payment on a debit or credit card for fees or moneys legally due to the
			 board;
(28) knowingly or
			 negligently abandoning medical records;
(29) engaging in conduct that violates
			 patient trust and exploits the licensee-patient relationship for personal gain;
			 or
(30) obstructing a board
			 investigation, including engaging in one or more of the following acts:
(A) Falsifying or concealing a material
			 fact;
(B) knowingly making or
			 causing to be made any false or misleading statement or writing; or
(C) committing any other acts or engaging in
			 conduct likely to deceive or defraud the board.