Kan. Admin. Regs. § 100-55-5
Current through Register Vol. 43, No. 49, December 5, 2024
Section 100-55-5 - Unprofessional conduct; defined"Unprofessional conduct" means any of the following:
(a) Using fraudulent or false advertisements; (b) being addicted to intoxicating liquors or drugs; (c) engaging in respiratory therapy under a false or assumed name or by impersonating another person licensed by the board as a respiratory therapist; (d) practicing respiratory therapy without reasonable skill and safety because of any of the following: (3) excessive use of drugs, controlled substances, chemicals, or any other type of material; or (4) a result of any mental or physical condition; (e) having a respiratory therapy license, registration, or certification revoked, suspended, or limited or an application for any of these denied by the proper regulatory authority of another state, territory, or country, or of District of Columbia; (f) cheating or attempting to subvert the validity of the examination required for licensure; (g) having been found to be mentally ill, disabled, not guilty by reason of insanity, or incompetent to stand trial by a court of competent jurisdiction; (h) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board; (i) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto; (j) surrendering a license, registration, or certification to practice respiratory therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto; (k) being professionally incompetent, as defined in K.S.A. 65-2837 and amendments thereto; (l) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured; (m) providing respiratory therapy to a patient without the consent of the patient or the patient's legal representative; (n) willfully betraying confidential information; (o) advertising the ability to perform in a superior manner any professional service related to respiratory therapy; (p) using any advertisement that is false, misleading, or deceptive in a material respect; (q) committing conduct likely to deceive, defraud, or harm the public; (r) making a false or misleading statement regarding the licensee's skill; (s) committing any act of sexual abuse, misconduct, or exploitation; (t) obtaining any fee by fraud, deceit, or misrepresentation; (u) charging an excessive fee for services rendered; (v) failing to keep written records justifying the course of treatment of the patient; (w) delegating respiratory therapy to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it; (x) willfully supervising the holder of a special permit when the holder is not currently enrolled in a recognized program of education; or (y) willfully allowing the holder of a special permit to perform tasks and procedures not verified by the respiratory therapy school on the holder's task proficiency list. Kan. Admin. Regs. § 100-55-5
Authorized by and implementing K.S.A. 65-5510; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000; amended May 23, 2003.