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KANSAS STATUTES AND CODES

65-7208. Denial, revocation, limitation or suspension of registration or refusal to renew registration; unprofessional conduct; discipline; civil fines; procedure; reinstatement.

65-7208

Chapter 65.--PUBLIC HEALTH
Article 72.--NATUROPATHIC DOCTORS

      65-7208.   Denial, revocation, limitation orsuspension ofregistration or refusal to renew registration; unprofessional conduct;discipline; civil fines; procedure; reinstatement.(a) The board may deny, refuse to renew, suspend, revokeor limit a registration or the registrant may be publicly orprivately censured where theregistrant or applicant for registration has been guilty ofunprofessional conduct which hasendangered or is likely to endanger the health, welfare or safety of thepublic. Unprofessional conduct includes:

      (1)   Obtaining a registration by means of fraud,misrepresentation or concealment of material facts;

      (2)   being guilty of unprofessional conduct as defined by rules andregulations adopted by the board;

      (3)   being convicted of a felonyif the acts for which such person was convicted are found by the board to havea direct bearing on whether such person should be entrusted to serve the publicin the capacity of a naturopathic doctor;

      (4)   violating any lawful order or rule and regulation of the board; and

      (5)   violating any provision of this act.

      (b)   Such denial, refusal to renew, suspension, revocationor limitation of a registration or public or private censure of aregistrant may be ordered by the board afternotice and hearing on the matter in accordance with the provisions of theKansas administrative procedure act. Upon the end of the period of timeestablished by the board for the revocation of aregistration, applicationmay be made to the board forreinstatement. The board shall have discretion to accept or reject anapplication for reinstatement and may hold a hearing to consider suchreinstatement. An application for reinstatement of a revokedregistration shall be accompanied by theregistration renewal fee and the registration reinstatement feeestablished under K.S.A. 65-7207and amendments thereto.

      (c)   The board, in addition to any other penalty prescribed in subsection(a), may assess a civil fine, after proper notice and an opportunity to beheard, against a registrant for unprofessional conduct in an amount not toexceed $5,000 for the first violation, $10,000 for the second violation and$15,000 for the third violation and for each subsequent violation. All finesassessed and collected under this section shall be remitted to the statetreasurer in accordance with the provisions of K.S.A. 75-4215, and amendmentsthereto. Upon receipt of each such remittance, the state treasurer shalldeposit the entire amount in the state treasury to the credit of the stategeneral fund.

      History:   L. 2002, ch. 203, § 27;L. 2004, ch. 117, § 23; July 1.

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