kansas state board of healing arts safeguarding the public ~ strengthening the healing arts august...

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Kansas State Board of Healing Arts Safeguarding the Public ~ Strengthening the Healing Arts August 21, 2015 Reese Hays, JD Litigation Counsel Kathleen Selzler Lippert, JD Executive Director Partners In Protection: KSBHA & You Working Together KAMSS Fall Meeting

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Kansas State Board of Healing Arts Top 10 Reasons Physicians Stumble

Kansas State Board of Healing ArtsSafeguarding the Public ~ Strengthening the Healing ArtsAugust 21, 2015Reese Hays, JD Litigation CounselKathleen Selzler Lippert, JD Executive Director

Partners In Protection: KSBHA & You Working Together KAMSS Fall Meeting

Do you ever feel like you work in a jungle?1Kansas state board of healing arts

Safeguarding the public ~Strengthening the Healing ArtsKansas state board of healing arts

Partners In Protection:KSBHA Working With You3Kansas state board of healing arts

Interstate CompactLicensure Short and Long CutsPartners In Protection4Kansas state board of healing arts

Interstate Licensure CompactLicensure Short and Long CutsPartners In Protection5Interstate licensure Compact

Key Concepts:Creates another pathway for licensure by expediting licensing for qualified physicians interested in practicing in multiple statesPartners In Protection: KSBHA Working With YouIn Kansas we have 2 different pathways now: Licensure by examinationGraduate from medical schoolPass all steps of USMLE (within 10 years)1 Year of ACGME accredited Post Grad training for US Medical School Graduate or 3 years of (at least 2 that are ACGME accredited) for International Medical School Graduate (IMG)

Licensure by endorsementLicensed by state with equivalent licensure requirementsActively practiced on such licensureFrequently used when a requirement for licensure by examination is not met but the licensure and practice in another jurisdiction is substituted as evidence of Character and Competence (2 Cs of licensure)I.E. took 13 years to pass all steps of USMLECant provide verification of medical school graduation; i.e. Hurricane Katrina and Tulane Medical School lost medical school records or tornado in Joplin destroyed records, or medical school in Iran/ Iraq are war torn nations and unable to obtain medical school verification but they have been practicing in another state. Other examples

This adds another path it does not replace or eliminate any current path.6Interstate licensure Compact

Key Concepts:Voluntary for both physicians and statesDoes not change a states existing practice act.Partners In Protection: KSBHA Working With YouIf Kansas adopts the Interstate Licensure Compact, there would be 3 different pathways: Licensure by examinationGraduate from medical schoolPass all steps of USMLE (within 10 years)1 Year of ACGME accredited Post Grad training for US Medical School Graduate or 3 years of (at least 2 that are ACGME accredited) for International Medical School Graduate (IMG)

Licensure by endorsementLicensed by state with equivalent licensure requirementsActively practiced on such licensureFrequently used when a requirement for licensure by examination is not met but the licensure and practice in another jurisdiction is substituted as evidence of Character and Competence (2 Cs of licensure)I.E. took 13 years to pass all steps of USMLECant provide verification of medical school graduation; i.e. Hurricane Katrina and Tulane Medical School lost medical school records or tornado in Joplin destroyed records, or medical school in Iran/ Iraq are war torn nations and unable to obtain medical school verification but they have been practicing in another state. Other examples

Interstate Licensure CompactCompliance with compact = short cut into licensure for any state that is part of compactKind of like a TSA pre-check for airline passengers or fast pass at amusement park that gets you to the front of the roller coaster line

This adds another path it does not replace or eliminate any current path.

7Interstate Licensure Compact

Key Eligibility Criteria for PhysiciansFull and Unrestricted medical licenseGraduate of accredited medical schoolCertification by specialty board (AMA or AOA)No adverse action Partners In Protection: KSBHA Working With YouFull and Unrestricted medical licenseNo a post graduate licenseNo exempt, retired, limited, or other restrictions

Graduate of accredited medical schoolNot an on-line diploma mill

Certification by specialty boardAMA American Medical Association Specialty Board CertificationAOA American Osteopathic Association Specialty Board Certification

No adverse actionNo criminal conviction for a felony, gross misdemeanor, or crime of moral turpitudeNo discipline by a medical board; excludes actions related to nonpayment of license feesNo controlled substance license or permit suspended or revoked actions8Interstate Licensure Compact

Benefits for Kansas:Ensure accountability and patient safetyHelp small community hospitals and clinics recruit physiciansEncourage rapidly-expanding practice of telemedicineShare information between statesPartners In Protection: KSBHA Working With YouAccountability and patient safetyExamples of applicants who are / were licensed in another state who were denied Kansas licenseWhy we dont want pure reciprocity Ex. #1: Despite active license in Missouri, had not actually practiced for 5 years and failed to disclose issues with post-graduate training. Ex. #2: Licensed in S. Carolina, disclosed termination from residency based on misconduct and repeated instances of unprofessional behavior, falsifying information, stealing and lying to obtain patient parking passes under false pretenses to use for own benefit. Impairment issues.Ex. #3: License in Neb. With history of impairment and discipline.Ex. #4: Licensed in Illinois, disclosed seven malpractice payments on their behalf.Ex. #5: licensed in several states but did not hold a California medical license, they worked for last 7 years as a pathology assistant in California and his job did not require a California medical license.

Help Small Community Hospitals and Clinics Recruit PhysiciansPhysicians recruited by hospitals and clinics are licensed through the compact, it will be simple and fast to get their Kansas license

Encourage rapidly-expanding practice of telemedicineGreater pool of physician resources for specialty care

Expand Sharing of Information between statesSome states share licensing, investigation, and disciplinary information that is non-public and others do not. This expands the flow of information to ensure accountability and public protection.Explain significance of sharing non-public information 9Kansas state board of healing arts

Interstate Licensure CompactLicensure Short and Long CutsPartners In Protection10Licensure Short and Long cuts

The only thing worse than being blind is having sight but no vision.~ Helen KellerPartners In Protection: KSBHA Working With You

11Licensure Short and Long cuts

Read and follow instructionsAnswer all questionsAnswer questions completelyReview answers before submittingExplain and support yes answersChange of name complicationsPartners In Protection: KSBHA Working With YouRead and follow instructionsShould be obvious but it seems rarely done.Answer all questionsDo not leave a question blank. If it is not applicable, mark N/A. If the question is blank staff doesnt know why it is blank and will send the question back to be answered.Answer questions completelyProfessional chronology should not have time gaps. Review answers before submittingMany answers have typos and then are returned for clarification.Explain and support yes answersIf yes, then tell us more..Change of name complicationsDocuments that come in with different names or variations of a name are hard to match up with applicationProvide name change documents or explanation (depending issue with the name)

Use mail tracking serviceUPS, Fed-Ex if you want to verify documents have been receivedWait 2 weeks before callingCalling analysts need time to process documents, each time they call is taking away time that the analyst could be processing the documentsApplication valid for 2 years; but some documents are valid for only 6 monthsFinger print / criminal history report is good for 6 monthsOther items good for 6 monthsIf these items are submitted while you are still in school and do not graduate for 6 months, they will expire while we wait for your proof of your diploma. Provide a release if you want others to have your information.Employers want to know how long it will be until a license is issued, if you want us to tell them the status of your application, we need permission from you to tell them.12Licensure Short and Long cuts

Use mail tracking serviceWait 2 weeks before callingApplication is valid for 2 years; but, some documents are valid for only 6 monthsProvide a release if you want others to have your information.Partners In Protection: KSBHA Working With YouRead and follow instructionsShould be obvious but it seems rarely done.Answer all questionsDo not leave a question blank. If it is not applicable, mark N/A. If the question is blank staff doesnt know why it is blank and will send the question back to be answered.Answer questions completelyProfessional chronology should not have time gaps. Review answers before submittingMany answers have typos and then are returned for clarification.Explain and support yes answersIf yes, then tell us more..Change of name complicationsDocuments that come in with different names or variations of a name are hard to match up with applicationProvide name change documents or explanation (depending issue with the name)Use mail tracking serviceUPS, Fed-Ex if you want to verify documents have been receivedWait 2 weeks before callingCalling analysts need time to process documents, each time they call is taking away time that the analyst could be processing the documentsApplication valid for 2 years; but some documents are valid for only 6 monthsFinger print / criminal history report is good for 6 monthsOther items good for 6 monthsIf these items are submitted while you are still in school and do not graduate for 6 months, they will expire while we wait for your proof of your diploma. Provide a release if you want others to have your information.Employers want to know how long it will be until a license is issued, if you want us to tell them the status of your application, we need permission from you to tell them.

13Kansas state board of healing arts

Interstate Licensure CompactLicensure Short and Long CutsPartners In Protection14Lions & Tigers & Bears

SOCsPeer ReviewAFRsDo you ever feel like you work in a jungle?15KSBHA Oh My

Ferocious?Compatible?What does it look like in your world?

Ferocious?

Compatible?

Competing interests and priorities, concern that a KSBHA investigation can ruin a qualified not to mention much needed practitioner?

Can these systems really work together?16SORTING IT ALL OUT

Information is key: Statutes KSBHA process ExamplesA lie will go around the world before truth has a chance to get its boots on. - Old proverb. A lie can travel half way around the world while the truth is putting on its shoes. Mark Twain

Myth vs. Reality

We have got to kill the imaginary monsters before we can work on real solutions.

Information is the best antidote for imaginary monsters. We hope this presentation arms you with the information you need to be partners in protection.

3 key pieces of information: statutes, KSBHA process, & examples.17Sorting it all out: Statutes

Statutes can be intimidating:Public PolicyPeer ReviewImmunityKSBHA Inv. Authority

Partners In Protection: KSBHA Working With YouReference material

Looks intimidating because it long. It includes statutes related to SOCs, AFRs, Peer Review, & KSBHA

They are grouped into 4 categories:Public PolicyBecause it is important to understand of over arching policy to facilitate implementationPeer ReviewWhat is required. Who does what. Understanding the standards.ImmunityIt feels threatening to all involved so it is important to understand immunity and liability.KSBHA Investigation AuthorityWhat happens to the information when it is reported.When should it be reported just SOC 3 & 4 or can other care / conduct be reported?18Sorting it all out: Statutes

Statutes can be intimidating:Public Policy = Public ProtectionPeer ReviewImmunityKSBHA Inv. Authority

Partners In Protection: KSBHA Working With YouQuick look at the statutes that set forth the public policy.

It is easy to gloss over public policy off as fluff but it sets the tone for how everything else should be interpreted. It is the spirit of the law. 19

Public SafetyHealth care is essential to citizens65-4914Licensure is a privilege; not a right65-2801Risk Mgmt. and reporting system is necessary65-4929Public SafetyKey statutes that provide the public policy:

KSA 65-4914: Health care is recognized as essential to the well-being of our citizens. (PLUS)KSA 65-2801: Licensure is a privilege, not a right. You have to earn it and it can be taken away. (PLUS)KSA 65-4929: Risk Mgmt. and reporting system is necessary. (PLUS)

_________________________________________ (EQUAL)

All of these statutes are to facilitate 1 thing: Public protection.Public protection will be compromised IF each sphere is isolated and independent.

The spirit of the law is that we are all Partners In Protection20

Public SafetyHealth care is essential to citizens65-4914Licensure is a privilege; not a right65-2801Risk Mgmt. and reporting system is necessary65-4929Public SafetyOnly when each of us works together will the public be protected.

There must be overlap between all; providers, hospitals, and the board.

The Spirit of the law requires collaboration and cooperation.

21Sorting it all out: Statutes

Statutes can be intimidating:Public Policy = Public ProtectionPeer ReviewImmunityKSBHA Inv. Authority

Peer ReviewPartners In Protection: KSBHA Working With YouUsually uttered in hushed tones because it is ultra confidential.

Everyone knows medical records are confidential; but peer review is extra confidential.Patients can get a copy of their own medical records.3rd parties can get a copy of medical records for other people if they have the right release or authority.

Peer review is in a double lock box. So who can do it and who can get it?22Sorting it all out: Statutes

Statutes on Peer Review:Define, Describe, andRequire that it be provided Remedies for failure to report or providePeer ReviewPartners In Protection: KSBHA Working With YouKSA 65-4915 DefinitionsKSA 65-4921 DefinitionsKSA 65-4922 Risk Mgmt. Plan

KAR 28-52-2 Definitions and formsKAR 28-52-3 Facility process committee, activities, minutesKAR 28-52-4 Define SOC 1, 2, 3, and 4 Mandates reporting of SOC 3 & 4Discretionary reporting of SOC 1 & 2No prohibition on reporting anything

KSA 65-4923 Who has reporting requirement

KSA 65-4925 What has to be reported

KSA 65-4927 Failure to report, remedies23Sorting it all out: Statutes

Statutes can be intimidating:Public Policy = Public ProtectionPeer ReviewImmunityKSBHA Inv. Authority

ImmunityPartners In Protection: KSBHA Working With YouSlides with statutes provide a very brief summary of the law.Hit the highlights of each section and move on so that audience does not get board.

24Sorting it all out: Statutes

ImmunityStatutes on Immunity:No liability for reporting informationImmunity for person or entity who reports

Exception: If clear and convincing evidence that report was completely false and falsity was known to person making report.Partners In Protection: KSBHA Working With YouKSA 65-4926 No liability for person or entity who reportsKSA 65-2898 No person shall be subject to a civil action for such reporting25Sorting it all out: Statutes

Statutes can be intimidating:Public Policy = Public ProtectionPeer ReviewImmunityKSBHA Inv. Authority

KSBHAAuthorityto Inv.Partners In Protection: KSBHA Working With YouSlides with statutes provide a very brief summary of the law.Hit the highlights of each section and move on so that audience does not get board.

26Sorting it all out: Statutes

KSBHAAuthorityto Inv.Statutes on KSBHA Investigation Authority:Board shall have accessHospital shall report

What needs to be reported?Any grounds for board actionWhen in doubt, reportPartners In Protection: KSBHA Working With YouKSA 65-2839a Access to evidenceKSA 65-28,121 Reports by hospitalsKSA 65-28,122 Licensees shall report

What is required to be reported?Anything that would be grounds for board action; see KSA 65-2836 & 65-283727

Information is key: Statutes KSBHA process ExamplesSORTING IT ALL OUTWhat happens behind the curtain?

What does KSBHA do with complaints?What does KSBHA do with AFRs?

Will a good physician be ruined if there is a KSBHA investigation?28Sorting it All out: KSBHA Process

Overview of Investigation Process:Obtain relevant informationLetter to Licensee asking for their response and infoObtain relevant informationReview by Review Committee (RC) or Professional CouncilNon-board members Same profession [3 MD committees] [1 DO Committee]Review by Disciplinary Panel (DP)Subcommittee of Board membersDecision making authorityKSBHAprocessPartners In Protection: KSBHA Working With YouGlobal review of KSBHA investigation process29Sorting it All out: KSBHA Process

Adverse Action Report: AFRCritical that KSBHA obtain all of the peer review record:Incident reportDocuments reviewed and consideredStatements Decisions, discipline or remediationKSBHAprocessPartners In Protection: KSBHA Working With YouComplete information is critical. No exceptions, ever.

30Sorting it All out: KSBHA Process

KSBHA Review Committee (RC) and Disciplinary Panel (DP):Review peer review record on this casePrior investigations by KSBHA on licenseeOther pending investigations by KSBHA from different sourcesKSBHAprocessPartners In Protection: KSBHA Working With YouKSBHA investigation based on AFR is not just a repeat of a hospital investigation.

KSBHA has information a hospital does not have and will be added to the global evaluation.31Sorting it All out: KSBHA Process

KSBHA decision metrics:Violation of practice act (does) / (does not) exist?Competent, admissible evidence (does) / (does not) support violationAction (is) / (is not) necessary to protect the publicKSBHAprocessPartners In Protection: KSBHA Working With YouSo, if a hospital makes an finding of SOC 3 or 4 and reports it to KSBHA but the board closes with no action, does that mean the hospital was wrong?

NO, NO, and NO.

Discuss difference and distinguish the different roles of hospital entity & KSBHA.32

Information is key: Statutes KSBHA process ExamplesSORTING IT ALL OUT33Sorting it All out: examples

Question:When information is subpoenaed by KSBHA, how much of the material is shared with the physician under investigation?Example, if another physician does the peer review, is the name protected?

KSBHAexamplePartners In Protection: KSBHA Working With YouFull question provided by KARQM:When information is subpoenaed by the KSBHA, i.e. peer review information, how much of the materials provided are shared or can be shared with the physician under investigation. For example, if a physician at a hospital performs peer review on another physician practicing at the same hospital, the identity of the peer reviewer is protected by the hospital. However, if the document prepared by the peer reviewer that would typically include their signature is provided to the Board in response to a subpoena, is the name of the peer reviewer still protected or is the actual document provided to the physician being investigated? JO answer: We do not share the materials with the physician under investigation. While the information may be summarized, the actual documents are not re-disclosed. Additionally, the name of the peer reviewer would not be disclosed. JO Answer: If discovery occurs, peer review information is released.34Sorting it All out: examples

Question:Do physicians generally hire an attorney to represent them when the Board takes action regarding an event or some type of adverse report is submitted by a patient to KSBHA?

KSBHAexamplePartners In Protection: KSBHA Working With YouJO Answer: It is more common for physicians to hire an attorney if the matter goes through the litigation process and a formal action is filed. During the investigative process, many physicians answer the questions personally and do not hire an attorney.

KSL Answer: (incorporate JO info above) - The investigative process is replete with due process and designed to be thorough. It can only be thorough if licensees respond to an inquire. This is a golden opportunity to tell their side of the situation when a complaint has been filed. It is critical that licensees remember that KSBHA process is not discoverable for civil litigation purposes AND their answer, along with all the other information gathered during the investigation, is reviewed by members of their profession who have a broad range of experience. It is a separate peer review evaluation. It is in their best interest to answer fully. 35Sorting it All out: examples

Question:If a physician decides not to hire an attorney, are they treated differently than another physician who is represented?Is the process the same regardless of whether an attorney is representing the physician?KSBHAexamplePartners In Protection: KSBHA Working With YouJO Answer: Generally staff is aware that a layperson is not cognizant of the legal requirements and perhaps a bit more time is taken when explaining certain scenarios and they may be given a bit more leeway in terms of proper format and filing.

KSL Answer: (incorporate JO info above) - No one is treated differently, all complaints are given the same thorough investigation and all licensees are given the same due process. Certainly, physicians are not expected to be attorneys and if a physician decides to not have an attorney, they are given a little more leeway with respect to technicalities. 36Sorting it All out: examples

Question:In some cases, more than one physician may be identified on an AFR. Is it permissible to redact the other physicians names from the AFR or records that are subpoenaed? If not, why not? KSBHAexamplePartners In Protection: KSBHA Working With YouJO Answer: It is important for the Board to know who was involved in the event / incident so all parties can be contacted, if necessary. Remember, each report is reviewed in its entirety and decisions are not based on the facility determination.

It is important that the Board obtain as much information as possible so it is fair to the physician being investigated. Additionally, that review may give the Board more insight as to why not to open an investigation on that other physician who will most likely appear in the medical records. An investigation may be opened based on the review of the records regardless of whether an event report is submitted.37Sorting it All out: examples

Question:Is the hospital always notified of actions taken by the KSBHA on physicians that are on the hospitals staff when information is subpoenaed from the hospital?

KSBHAexamplePartners In Protection: KSBHA Working With YouAddendum to the question: What if the physician is on a hospitals staff but no subpoena was issued to that hospital, are they still informed in some way about actions taken on the physician?

JO Answer: The reporting entity should be notified upon closure of the investigation and often when public disciplinary action has been taken. When public disciplinary is taken, it is placed on the Boars website and can be viewed there. Non-disciplinary action is considered confidential; see KSA 65-2828a & 65-2898a.

KSL: (incorporate JO information above) There are 10,000+ physicians in Kansas and we have over 25,000 licensees. Physicians move from institution to institution and from private practice to hospitals and back without our knowledge. We try to keep hospitals informed but there is no simple way to ensure people have the information they need unless we post it. Hospitals can check our web site and all are encouraged to check it if they have questions about a physicians license status. 38Sorting it All out: examples

Concerns KSBHA has seen:Hospital didnt send the AFR until a long time after the events.

KSBHAexamplePartners In Protection: KSBHA Working With YouIt is not uncommon for a hospitals process to be lengthy & for the original concern to be downgraded from a SOC 3 so it does not need to be reported; but upon a pattern certain ones are either changed or everything is sent at once and immediate action is expected.39Sorting it All out: examples

Concerns KSBHA has seen:Hospital sent AFR but then when KSBHA subpoenaed information it was not provided or only provided a portion of the information or did not provide a corrective action plan that was implemented.KSBHAexamplePartners In Protection: KSBHA Working With YouHospitals often do not provide changes in policy or procedure that would prevent errors from happening. Also, that is considered an internal process that may be outside of peer review but it is beneficial to the case. Additionally, there are times we subpoena policies and they do not have them, so we have to try and obtain them from other sources.

If items are ongoing in terms of education and discipline, it would be helpful for that information to be sent, even if it is considerably after the AFR was sent.

Obtaining the system changes can be extremely helpful to the licensee. Also, it might be good to explain that admission of a facility failure is often understandable and we are not here to judge them.

40Sorting it All out: examples

Concerns KSBHA has seen:Hospital sent single AFR SOC 3 but have several AFR SOC 2 that illustrate a strong pattern of concern.

KSBHAexamplePartners In Protection: KSBHA Working With YouSometimes hospitals are confused when peer review is requested, why we request all the peer review. It is because there may be a pattern.We have peer review from multiple different entities and while a pattern at each entity may not be detectible when reviewed as a whole, there is an identifiable pattern of patient safety. We receive complaints from a variety of sources, one hospitals SOC 2 reports may show a pattern when combined with other information we have received from other sources.

41Sorting it All out: examples

Concerns KSBHA has seen:Other issues KSBHA has observed .

KSBHAexamplePartners In Protection: KSBHA Working With YouSubmitting partial peer review we have to go back and ask over and over again.Being picky about what various items are called; i.e. personnel files (employment records/employment contracts vs. credentialing files)Redacting items that we would need for a full understanding of the situation.Submitting the medical records contained as part of the peer review process rather than the full set of medical records that were subpoenaed.Having a licensee that was involved in the incident part of the peer review process as a reviewer.Not submitting the full information even though it has been subpoenaed and requested.Not informing the Board staff if we need to word something differently or send it to a different entity and just not responding.42Sorting it All out: examples

Example #1: (part 1 of 3)AFR for SOC 3 PA patient order for NS with 20meg KCL to run at 500 ml/hr until blood sugar falls to 250mg.DL. Patient received 5 liters of NS and a total of 100mEQ KCL. Order then changed to NS with 10mEQ KCL (at 0340) to runKSBHAexamplePartners In Protection: KSBHA Working With You43Sorting it All out: examples

Example #1: (part 2 of 3)Order then changed to NS with 10mEQ KCL (at 0340) to run at 150 ml/hr. Lab drawn at 0447 indicated Potassium 7.5 High Critical. Three calls placed during the night. No lab ordered from AM from the PA, lab ordered at 0447 by MD.KSBHAexamplePartners In Protection: KSBHA Working With You44Sorting it All out: examples

Example #1: (part 3 of 3)

KSBHA found SOC 3 (same as hospital). Case closed with letter recommending education about diabetes treatment. This case was mismanaged, SOC was not met but it was single instance. Close case.

KSBHAexamplePartners In Protection: KSBHA Working With You45Sorting it All out: examples

Example #2: (part 1 of 3)

AFR SOC 3 wrong site surgery Patient scheduled for surgery on right knee. During the surgical site preparation phase, the left knee was inadvertently prepped for surgery.

KSBHAexamplePartners In Protection: KSBHA Working With You46Sorting it All out: examples

Example #2: (part 2 of 3)

Time out process was completed between the OR staff and providers. Surgery was performed on the left knee in lieu of the scheduled right knee.

KSBHAexamplePartners In Protection: KSBHA Working With You47Sorting it All out: examples

Example #2: (part 3 of 3)

Informal PDP (professional development plan) authorized. PDP to include a letter stating how timeout process will be changed, send the Board a sample protocol of the process, and education.KSBHAexamplePartners In Protection: KSBHA Working With You48Sorting it All out: examples

Example #3: (part 1 of 3)

AFR SOC 3 from hospital + multiple other complaints from other sources

Patient admitted for Functional Endoscopic Sinus Surgery.KSBHAexamplePartners In Protection: KSBHA Working With You49Sorting it All out: examples

Example #3: (part 2 of 3)

Post-operatively it was noted the patients eye was displaced. Patient has permanent loss of vision in eye.

Expert review of all cases.KSBHAexamplePartners In Protection: KSBHA Working With You50Sorting it All out: examples

Example #3: (part 3 of 3)

Limitation based on pattern of problems. License was cancelled but if reinstated it would include limitation, additional training, and monitoring. KSBHAexamplePartners In Protection: KSBHA Working With You51Sorting it All out: examples

Media reports / headlines from sister states:1/3 of medical board cases involve impairmentImpaired anesthesiologist Hx. of dishonestyFentanyl doc not detected by PHP monitoringSexting Orthopedic SurgeonKSBHAexamplePartners In Protection: KSBHA Working With You52whyStatutory MandateTo 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

Safeguard the public & strengthen the professions that practice the healing arts.

Partners In Protection: KSBHA Working With You53whyMyth 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.

Partners In Protection: KSBHA Working With YouMyth buster:

One of the best parts of my job is dispelling misbeliefs (myth buster) about KSBHA. This is not a unique aspect of my job, it is important to share with external folks so they can have a glimpse into KSBHA. Here is just one example:A Kansas hospital or physician group worked hard to recruit a physician from a sister state to come to Kansas and work with them. Apparently frustration had been brewing for some time but finally a representative of the Kansas recruiter contingent contacted licensing staff and the medical director to express their frustration over the length of time it was taking to get the recruit licensed in Kansas. The out-of-state recruit expressed concern that Kansas had cumbersome licensure requirements that were an impediment to gaining licensure. When this concern was shared with KSBHA Executive Director, it was considered very serious and all information related to the status of the pending application was requested. It was discovered that the out-of-state recruit had never actually submitted any application. The Kansas recruiter contingent was contacted, KSBHA shared that we do our best to process applications in a timely fashion but a person must submit an application before we can process it. UPDATE: The out-of-state recruit did submit an application. The application was submitted on the 11th of the month and the license was issued on the 26th of the same month. Therefore, it took about 15 days from start to finish to receive the application, process, and issue the license. A short turn around in application and licensure is multifaceted. It requires the applicant to provide all the required documents expeditiously and it requires staff who are diligent and efficient. Kansas is a better place because great physicians choose to move here and KSBHA is pleased to do our part in ensuring quality care for Kansans.

9/24/12 date all documents received & sent to final review9/26/12 date license issued

Actual turn-around time: 2 days.

The Licensing Administrator has worked with the Kansas Hospital Association and many others + done several webinars for credentialing staff on how to get a license as fast as possible in Kansas. If you need us, call us, we will do what we can to help.

54MAIN AGENCY CONTACTSExecutive Director, Kathleen Selzler Lippert, JD [email protected] 785.296.8561

General Counsel, Kelli J. Stevens, [email protected] 785.296.8066

Chief Litigation Counsel, Reese E. Hays, [email protected] 785.296.0961

Chief Disciplinary Counsel, Dan Riley , [email protected] 785.296.4882

Licensing Administrator, Katy Lenahan [email protected] 785.296.8563

Medical Director, John F. McMaster, M.D. [email protected]

Contact information55QUESTIONS?Kansas State Board of Healing Arts800 SW Jackson, Lower Level Suite ATopeka, KS 66612Phone: (785) 296-7413 Toll Free: 1-888-886-7205 Fax: (785) 296-0852www.ksbha.org

Partners In Protection: KSBHA Working With You5657