Kansas Board of Healing Arts Complaint Process

The Kansas Board of Healing Arts (“the Board”) has an established procedure for investigating and adjudicating complaints of wrongdoing lodged against one of its members. The procedure is a natural progression from intake of complaint to investigation and either closure of the investigation or adjudication. Each step in the process is critical to both the complainant and the health care provider under investigation. Any caregiver who learns of an investigation must retain counsel as soon as possible. Failure to hire counsel timely could have dire consequences and lead to disciplinary action that may have been avoided. Kansas professional licensing attorney Danielle Sanger will zealously fight to protect your professional license from discipline.

The Board has developed a standardized procedure to handle complaints against its members. Most commonly, complaints are filed by patients. The Board may receive a complaint from any number of sources. However, information from complaints may be forwarded by other healthcare agencies, other healthcare providers, data bank reports, malpractice information, and adverse findings from other licensing boards. Once that happens, the complaint is added to the Board’s complaint database and is forwarded to disciplinary counsel. Disciplinary counsel reviews the complaint to determine whether the disclosed allegations may violate the Healing Arts Act. If disciplinary counsel determines that there is no violation of the Healing Arts Act based upon the factual allegations in the complaint, then the complaint is closed and no further action on the complaint is taken. At that point, the complaint is forwarded to an investigator for closer examination and investigation.

The assigned investigator is responsible for gathering information from various sources. The investigator will accumulate records from the licensee and all other relevant agencies. The investigator will also interview several individuals, if warranted, by the investigation. The investigator may interview the licensee or at least try to obtain a response to the allegations. The investigator should speak with patients, complainants, and other witnesses who may possess relevant information. The matter is referred back to disciplinary counsel when the investigation is complete.

Disciplinary counsel reviews the investigation to determine whether the complaint should proceed. If the complaint lacks support from “credible evidence” and the allegations are unsupported, then the complaint may be closed. At this juncture, the process proceeds toward adjudication if the complaint is supported by competent evidence.
The path the matter takes to adjudication depends upon the nature of the proceedings. If the complaint is based upon a violation of the standard of care, then the disciplinary counsel forwards it to the complaint review committee or professional council. Standard-of-care issues are reviewed by practitioners from the same profession or initial peer-review board. Conduct issues are those that do not involve an alleged breach of the standard of care. Conduct issues include the business of medical practice, practicing without a license, billing issues/complaints, practice by an impaired healthcare professional, and criminal convictions. Conduct issues are referred to litigation counsel by the Board. If the review board or committee determines the matter should proceed, then disciplinary counsel refers the matter to the disciplinary panel.

The disciplinary panel makes a recommendation to initiate discipline or close the case. The recommendation to close or initiate discipline is reviewed by the Board. Each level of review is independent of the previous and is not bound by those decisions. Initiating disciplinary action may take the form of a professional development plan or letter of public concern. The licensee may also agree to a resolution such as a consent order. The licensee may also contest the panel’s recommendation. The Board ultimately reviews and may approve all actions by the disciplinary panel. The Board may also seek further review of closed matters.

Protect Your Livelihood
Kansas Professional Licensing Attorney Danielle Sanger will vigorously fight to protect your ability to make a living. She understands the sacrifices made to achieve professional licenses and the devastation discipline can cause. Do not go it alone. Call Attorney Sanger today at 785-979-4353 to schedule your free consultation.