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Procedure

The Board often hears applications and disciplinary cases at the regularly scheduled Board meetings of the Kansas Board of Healing Arts. The agency posts the agenda for each meeting on the agency website. Board meetings are held on the second Friday of every other month, beginning in February. The Board schedules six Board meetings to be held each year.

For a matter to be heard at a Board meeting, a party must file a written request with the Board’s Executive Director.

Filings in Cases

All filings for any case must be filed with the Office of the Executive Director by emailing KSBHA_Clerk Filings@ks.gov, by mail, in person, or by fax at (785) 368-7102. Please see Board Policy 15-03 for the relevant deadlines for filings in cases.

A separate copy of each filing must be sent to the opposing party/attorney as identified in the Notice of Hearing. Do not send any filings directly to a Board member.

Exhibits

Copies of exhibits to be offered at any hearing must be sent to the attorney for the Board as early as possible and attached to the filing that references the exhibit. Applicants/Licensees shall label their exhibits using letters. The Board shall label their exhibits using numbers. Please see Board Policy 2020-06-01. The agency’s administrative staff electronically provides hearing documents to the Board members approximately two weeks in advance of the Board meeting date. Exhibits that are not provided in advance may not be admitted into evidence at the time of the hearing. Regardless, any party who intends to offer an exhibit at a hearing that has not provided the exhibit in advance should be prepared to provide 18 copies at the hearing. Again, copies of exhibits must not be distributed to any Board member by a party in advance of a hearing and then only as instructed.

Attendance at Hearing

The General Counsel Department sends a Notice of Hearing to the parties in advance of the hearing. In-person attendance is required. A party may be held in default for failing to attend or participate. See K.S.A. 77-520.

Given the nature of a hearing, there are occasions when hearings may be behind schedule. Please plan accordingly.

Hearings

Most hearings before the full Board are held in the conference hearing format. The hearings are held pursuant to the Kansas Administrative Procedure Act, K.S.A. 77-501 et seq. The Board may announce its decision at the conclusion of the hearing or “take the matter under advisement.” In any event, a written decision will be issued within 30 days.

Typically, Conference hearings do not involve disputes of fact. At a conference hearing, only the parties may testify. There may be portions of any hearing that are closed to the public to consider information or evidence confidential by law. Examples include settlement offers in matters still under investigation, impairment issues, patient-identifying information, and peer review. During a “closed” portion of the hearing, only the parties and agency staff may be present. Additionally, the Board may recess a hearing to obtain legal advice from General Counsel staff about the case or to deliberate on their decision.

Disclaimer

This information is intended to provide only general information and does not constitute legal advice. It does not create legal rights or obligations for any party.

Resources

Conference Hearing Information Sheet

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