Is Abortion Practice in Kansas Really Safe and Legal?

 

Recently, the performance of the Kansas State Board of Healing Arts has come into question in the mind of the public when the Board failed to suspend the license of Dr. Stephen Schneider who was being investigated for illegally prescribing narcotic pain medications which caused harm to patients, including several wrongful deaths. 

 

There is also concern about the Board’s performance in relation to the lack of proper investigation into abortion practices in the state of Kansas.  Despite requests from individuals and organizations to enforce the post-viable abortion law passed in 1998., the Board has failed to take any actions to put a stop to repetitive illegal activity still occurring.  Abortions continue unabated on babies who are viable (they can survive outside the mother’s womb) and documented referrals are not being obtained from a second physician who is not legally or financially affiliated with the abortionist.  This is happening routinely and is against Kansas law.

 

Link to Board of Healing Arts Petition

Link to Background Supporting the Need for this BOHA Petition

Link to KFL Press Release on BOHA appointment

 

 

Kansas State Board of Healing Arts

 

For more information go to:

http://www.ksbha.org/main.html

 

The Kansas State Board of Healing Arts is comprised of 15 board members appointed by the Governor (12 licensees, and three members from the general public) whose actions and policies are implemented by a paid administrative and legal staff.  The agency works to protect the public health, safety and welfare by licensing and regulating the health care professions to assure they are practicing in accordance with all laws, regulations and standards of conduct.  The Board licenses or registers 13 health care professions and out-of-state contact lens distributors.

 

Professions regulated by the Board:

·         Medical Doctors

·         Osteopathic Doctors

·         Chiropractic Doctors

·         Podiatric Doctors

·         Physicians' Assistants

·         Physical Therapists

·         Physical Therapist Assistants

·         Occupational Therapists

·         Occupational Therapy Assistants

·         Respiratory Therapists

·         Athletic Trainers

·         Naturopathic Doctors

·         Contact Lens Distributors

·         Radiologic Technologists (effective July 1, 2005)

 

Board Members:

 

Betty McBride—President—Columbus—term expires 6-30-2010

Vinton K. Arnett, DC—Vice President—Hays—term expires 6-30-2010

Ray N. Conley, DC—Overland Park—term expires 6-30-2010

Myra J. Christopher—Public Member—Fairway—term expires 6-30-2011

M.J. “Boo” Hodges, MD—Salina—term expires 6-30-2011

M. Myron Leinwetter, DO—Rossville—term expires 6-30-2011

Carolina M. Soria, DO—Wichita—term expires 6-30-2009

Nancy J. Welsh, MD—Berryton—term expires 6-30-2008

Michael J. Beezley, MD—Lenexa—term expires 6-30-2009

Gary Counselman, DC—Topeka—term expires 6-30-2011

Frank Galbraith, DPM—Wichita—term expires 6-30-2008

Sue Ice, Public Member—Newton—term expires 6-30-2010

Vacant—MD—term expires 6-30-2009

Roger D. Warren, MD—Hanover—term expires 6-30-2008

Ronald N. Whitmer, DO—Ellsworth—term expires 6-30-2008

 

 

The Board does not have disciplinary jurisdiction over other health care professions, hospitals, and other health care facilities. When a complaint is received by the Kansas State Board of Healing Arts, staff for the Board makes an initial determination: the complaint must pertain to the practice of the healing arts, and must allege facts constituting a violation of the laws administered by the Board. These two requirements are necessary to open a case for investigation. Sometimes the complaint contains insufficient information and more information may be requested of the complainant.

Examples of Prohibited Conduct

• Commission of acts of gross negligence or multiple acts of ordinary negligence.
• Conviction of a felony or Class A misdemeanor.
• Fraudulent or false advertisements.
• Fraudulent billing.
• Prescribing or distributing drugs for other than lawful purposes.
• The inability to practice the healing arts with reasonable skill and safety to patients by reason of illness, alcoholism, excessive use of drugs, or any mental or physical condition.
• Sexual abuse, misconduct or exploitation related to that person's practice.
• Referring a patient to a health care entity for services, if the licensee/registrant has a significant investment interest in the entity, (10% ownerships or more) unless the person regulated by the Board informs the patient of the interest in writing, and that the patient may obtain such services elsewhere.
• Other acts as proscribed by law.

Once a case is opened, it is investigated by an investigator. This usually involves getting medical records from the licensee/registrant and any health care facilities that is involved. It may also involve interviewing witnesses, visiting facilities, obtaining drug profiles, and getting information from law enforcement or other regulatory agencies, in this state or elsewhere. Board investigations are time consuming and may take several months, depending on the seriousness and complexity of the allegations.

Board investigations are required by law to be confidential, pursuant to K.S.A. 65-2898a. Therefore, there are limits to what information may be released, even to the person making the complaint. The Board has broad authority to obtain information even though the information may otherwise be confidential as a privileged communication. However, other information may be available only with the patient's specific consent.

Once a complaint is investigated, it undergoes a review process. If the issues involves competency, the case may be reviewed by a panel of peers to determine whether the standard of care has been met.

If the issue involves unprofessional conduct (sexual misconduct, false advertising, etc.), the case is reviewed by a staff attorney to determine whether there is sufficient evidence of a violation of the statues and regulations. If there is evidence of a violation, the case is reviewed by a panel of the Board to determine what action, if any, to take. At that time, a petition may be filed against the licensee/registrant. The purpose of the petition is to seek public disciplinary action against the licensee/registrant.

The petition may be heard by a Hearing Officer who will provide an initial determination to the Board about the case. The licensee/registrant or the Board’s attorney may then ask the Board to review the case. Either before or after the hearing, the attorneys representing the Board and the licensee/registrant may negotiate an agreement to resolve the case, for submission to the Board for approval. The Board has legal authority to revoke, suspend, or limit licenses/registrations, impose fines, reprimand, require monitoring, or additional education or other remedial measures.

The Board does not represent individuals, nor obtain compensation on behalf of individuals. Each person is free to seek legal representation if they believe it is necessary.

Board investigations and reviews are not subject to discovery by private litigants.

If you have questions regarding the functions of the Board, call (785) 296-7413.