Current through Register Vol. 43, No. 12, March 20, 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.