Kansas Administrative Regulations › Agency 100 - KANSAS STATE BOARD OF HEALING ARTS › Article 28b - INDEPENDENT PRACTICE OF MIDWIFERY › Section 100-28b-19 - Unprofessional conduct

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purposes of the independent practice of midwifery act and this article of the
			 board's regulations, "unprofessional conduct" shall mean any of the following:
(1) Soliciting patients through the use of
			 fraudulent or 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 representatives;
(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)
			 performing, procuring, or aiding and abetting in the performance or procurement
			 of a criminal abortion;
(6) willful
			 betrayal of confidential information;
(7) advertising professional superiority or
			 the performance of professional services in a superior manner;
(8) advertising to guarantee any professional
			 service painlessly;
(9) engaging in
			 conduct related to practice as an independent certified nurse-midwife that is
			 likely to deceive, defraud, or harm the public;
(10) making a false or misleading statement
			 regarding the licensee's skill or the efficacy or value of the drug, treatment,
			 or remedy prescribed by the licensee or at the licensee's direction in the
			 treatment of any disease or other condition of the body or mind;
(11) committing any act of sexual abuse,
			 misconduct or other improper sexual contact that exploits the licenseepatient
			 relationship with a patient or a person responsible for health care decisions
			 concerning the patient;
(12) using
			 any false, fraudulent, or deceptive statement in any document connected with
			 the independent practice of midwifery, including the intentional falsifying or
			 fraudulent altering of a patient or medical care facility record;
(13) obtaining any fee by fraud, deceit, or
			 misrepresentation;
(14) failing to
			 transfer patient records to another licensee when requested to do so by the
			 subject patient or by the patient's legally designated
			 representative;
(15) performing
			 unnecessary tests, examinations, or services that have no legitimate medical
			 purpose;
(16) charging an excessive
			 fee for services rendered;
(17)
			 prescribing, dispensing, administering, or distributing a prescription drug or
			 substance, including a controlled substance, in an improper or inappropriate
			 manner, for other than a valid medical purpose, or not in the course of the
			 licensee's professional practice;
(18) repeated failure to practice 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;
(19) failure to keep
			 health care records that accurately describe the services rendered to the
			 patient, including patient histories, pertinent findings, examination results,
			 and test results;
(20) delegating
			 professional responsibilities to a person if the licensee knows or has reason
			 to know that the person is not qualified by training, experience, or licensure
			 to perform these responsibilities;
(21) failing to properly supervise, direct,
			 or delegate acts that constitute the independent practice of midwifery to
			 persons who perform professional services pursuant to the licensee's direction,
			 supervision, order, referral, delegation, or practice protocols;
(22) failing to meet the requirements of
			 K.A.R.
			 100-28b-11;
(23) willfully or repeatedly violating the
			 independent practice of midwifery act, the pharmacy act of the state of Kansas,
			 or the uniform controlled substances act, or any implementing regulations, or
			 any regulations of the secretary of health and environment;
(24) being found to have unlawfully practiced
			 any profession regulated by the board in which the licensee is not licensed to
			 practice;
(25) violating any lawful
			 order or directive of the board;
(26) being found to be mentally ill,
			 disabled, not guilty by reason of insanity, not guilty because the licensee
			 suffers from a mental disease or defect, or incompetent to stand trial by a
			 court of competent jurisdiction;
(27) prescribing, selling, administering,
			 distributing, or giving a controlled substance to any person for other than
			 medically accepted or lawful purposes;
(28) engaging in a practice or conduct that
			 violates a federal law or regulation relating to controlled
			 substances;
(29) engaging in a
			 practice or conduct that violates a federal law or regulation relating to
			 health care records;
(30) failing
			 to furnish the board, or its investigators or representatives, any information
			 legally requested by the board;
(31) having sanctions or disciplinary actions
			 against the licensee by a peer review committee, a health care facility, a
			 governmental agency or department, or a professional association or society for
			 acts or conduct similar to acts or conduct that would constitute grounds for
			 disciplinary action under the independent practice of midwifery act;
(32) surrendering a license or authorization
			 to practice nursing in another state or jurisdiction, surrendering the
			 authority to utilize controlled substances issued by any state or federal
			 agency, agreeing to a limitation to or restriction of privileges at any medical
			 care facility, or surrendering the licensee's membership on any professional
			 staff or in any professional association or society while under investigation
			 for acts or conduct similar to acts or conduct that would constitute grounds
			 for disciplinary action under the independent practice of midwifery
			 act;
(33) having an adverse
			 judgment, award, or settlement against the licensee resulting from a medical
			 liability claim related to acts or conduct similar to acts or conduct that
			 would constitute grounds for disciplinary action under the independent practice
			 of midwifery act;
(34) failing to
			 maintain a policy of professional liability insurance as required by
			 K.S.A.
			 40-3402 or
			 K.S.A.
			 40-3403a, and amendments thereto;
(35) failing to pay the premium surcharges
			 pursuant to
			 K.S.A.
			 40-3404, and amendments thereto;
(36) knowingly submitted any misleading,
			 deceptive, untrue, or fraudulent representation on a claim form, bill, or
			 statement;
(37) giving a worthless
			 check or stopping payment on a debit or credit card for fees or moneys legally
			 due to the board;
(38) knowingly or
			 negligently abandoning medical records;
(39) engaging in conduct that violates
			 patient trust and exploits the licensee-patient relationship for personal gain;
			 or
(40) 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) any other acts or conduct likely to
			 deceive or defraud the board.