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Kansas State Board of Healing Arts Safeguarding the Public ~ Strengthening the Healing Arts

February 16, 2016

Kathleen Selzler Lippert, JD Executive Director

Safeguarding the public ~

Strengthening the Healing

Arts

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Medical Professional

Licensure

Where

• Character and

• Competence count

[the 2 C’s]

AWARD FOR

MOST CREATIVE

APPLICATION

AWARD FOR

MOST DANGEROUS

APPLICATION

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Medical Professionals: • Public protection is core function

• Criminal history information is not related to crime and punishment

• Criminal history information is related to character and competence assessment

Medical Professionals: • Criminal history is not a bar to

licensure

• Criminal history is a tool to assess character and competence

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Medical Professionals: • Treat vulnerable patients in their

homes and have access to mail, checks, and valuables

Ethics and integrity matter

Bad check, forgery, theft,

Medical Professionals: • Touch children, females, and others

in private and personal ways

Boundary critical, Moral turpitude essential

Assault, stalking, harassment, sexual battery, lewd and lascivious behavior, solicitation of minor

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Medical Professionals: • Wield scalpels, adjust spines, and

prescribe dangerous drugs

• Unable to practice safely because of drugs or alcohol, impairment

• Drug or alcohol crimes

Criminal History is application tool to protect public

And, the fact is that some professionals stumble

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Professional stumbles can cross all boundaries

Character & competence are not

guaranteed by a diploma

Kansas is the land of Oz

Professionals everywhere have issues

Kansas is not a island immune from problem

professionals

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WHY • Statutory Mandate

• To investigate all patient complaints that involve allegations that, if substantiated, would constitute a violation of the Healing Arts Act, irrespective of any prior pattern of negligence

• Evaluate applicants for character and competence • Safeguard the public & strengthen the professions

that practice the healing arts.

WHY • Myth Buster:

When interacting with the Board on a complaint,

physicians believe they are going t the gallows; but

the public believe we are protecting the good ole

boy network – neither perspective is valid or

evidence based.

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WHAT WE DO

We have to kill

the imaginary

monsters before

we can focus on

real issues …

Applicant told hospital CEO it was easier for

a KBI agent to get clearance into the CIA

than to get a Kansas medical license…

Reality: Applicant never actually submitted

an application because he was too busy.

He just needed an excuse for not being

licensed by the agreed time frame.

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I can’t get a license because of a DUI

arrest.

Reality: Criminal history is not a bar to

licensure.

Second, Public protection means that if an

applicant’s conduct is concerning it may

require remediation.

Myths Busted – So What?

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Medical Professionals:

• Public Protection is mandate

• Criminal history is not a bar

• Criminal history is a tool

Medical Professionals:

• Evaluate applicant to see if they posses the character and competence necessary for licensure

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Medical Professionals:

• Remediate deficit through monitoring which provides public protection

MAIN AGENCY CONTACTS

Executive Director,

Kathleen Selzler Lippert, JD

klippert@ksbha.ks.gov 785.296.8561

General Counsel,

Kelli J. Stevens, JD

kstevens@ksbha.ks.gov 785.296.8066

Chief Litigation Counsel,

Reese E. Hays, JD

rhays@ksbha.ks.gov 785.296.0961

Chief Disciplinary Counsel,

Dan Riley , JD

driley@ksbha.ks.gov 785.296.4882

Licensing Administrator,

Katy Lenahan

klenahan@ksbha.ks.gov 785.296.8563

Medical Director,

John F. McMaster, M.D.

jmcmaster@ksbha.ks.gov

Contact information

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QUESTIONS?

Kansas State Board of Healing Arts

800 SW Jackson, Lower Level – Suite A

Topeka, KS 66612

Phone: (785) 296-7413

Toll Free: 1-888-886-7205

Fax: (785) 296-0852

www.ksbha.org