Kansas Statutes Annotated

K.S.A. § 65-2838 (2026)

Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions

✓ current as of May 2026

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65-2838. Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions. (a) The board shall have jurisdiction of proceedings to take disciplinary action authorized by the applicable practice act. Unless otherwise specified, any such action shall be taken in accordance with the provisions of the Kansas administrative procedure act.

(b) Either before or after formal charges have been filed, the board and the licensee, registrant, permit holder or certificate holder may enter into a stipulation which shall be binding upon the board and the person entering into such stipulation, and the board may enter its findings of fact and enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the case. An enforcement order based upon a stipulation may order any disciplinary action authorized by the applicable practice act against the person entering into such stipulation.

(c) The board may temporarily suspend or temporarily limit the license, registration, permit or certificate of any licensee, registrant, permit holder or certificate holder in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action authorized by the applicable practice act against the person and that the person's continuation in practice would constitute an imminent danger to the public health and safety.

(d) The board shall adopt guidelines for the use of controlled substances for the treatment of pain.

(e) Upon request of another regulatory or enforcement agency, or a licensee, the board may render a written advisory opinion indicating whether the licensee has prescribed, dispensed, administered or distributed controlled substances in accordance with the treatment of pain guidelines adopted by the board.

History: L. 1957, ch. 343, § 38; L. 1976, ch. 273, § 16; L. 1978, ch. 250, § 1; L. 1979, ch. 198, § 5; L. 1984, ch. 238, § 12; L. 1984, ch. 313, § 118; L. 1986, ch. 229, § 43; L. 2006, ch. 110, § 6; L. 2014, ch. 131, § 12; July 1, 2015.

Notes of Decisions

Cited in 8 cases, 1981–2013 · leading case: Friedman v. Kansas State Bd. of Healing Arts, 294 P.3d 287 (Kan. 2013).

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Friedman v. Kansas State Bd. of Healing Arts, 294 P.3d 287 (Kan. 2013). · cites it 4× “Ultimately, we answered the question by interpreting K.S.A. 2011 Supp. 65-2838(a) and K.S.A. 2011 Supp.”

Ryser v. State, 284 P.3d 337 (Kan. 2012). · cites it 3× “) K.S.A. 2011 Supp. 65-2838(a). Thus, as the district court found, the central question is whether Ryser was a “licensee practicing under [the Act]” when she treated a patient in Missouri.”

Corder v. Kansas Bd. of Healing Arts, 889 P.2d 1127 (Kan. 1994). · cites it 7× “” K.S.A. 65-2838 empowers the Board “to take disciplinary action authorized by K.”

Williamson v. Amrani, 152 P.3d 60 (Kan. 2007). · cites it 2× “K.S.A. 65-2838. The KHAA establishes a disciplinary counsel and committee to oversee the healing arts professions.”

Early Detection Ctr., Inc. v. Wilson, 811 P.2d 860 (Kan. 1991). “K.S.A. 1990 Supp. 65-2838. The Healing Arts Act prohibits a licensed person from allowing another person or organization to use the licensee’s license to practice the healing arts.”

Patel v. Kansas State Bd. of Healing Arts, 920 P.2d 477 (Kan. Ct. App. 1996). · cites it 3× “(KHAA), specifically K.S.A. 65-2838(a), which states: “The board shall have jurisdiction of proceedings to take disciplinary action authorized by K.”

Kansas State Bd. of Healing Arts v. Dickerson, 629 P.2d 187 (Kan. 1981). “518: “Amendments to K.S.A. 1978 Supp. 65-2838 and 65-2842 and 65-2848 relate to the due process procedure required to be followed in an action to revoke, suspend or limit a license to practice the healing arts.”

Patel v. Kansas Bd. of Healing Arts, 920 P.2d 477 (Kan. Ct. App. 1996). · cites it 3× “(KHAA), specifically K.S.A. 65-2838(a), which states: "The board shall have jurisdiction of proceedings to take disciplinary action authorized by K.”

— K.S.A. § 65-2838(a) — 4 cases

Friedman v. Kansas State Bd. of Healing Arts, 294 P.3d 287 (Kan. 2013). “Ultimately, we answered the question by interpreting K.S.A. 2011 Supp. 65-2838(a) and K.S.A. 2011 Supp.”

Ryser v. State, 284 P.3d 337 (Kan. 2012). “) K.S.A. 2011 Supp. 65-2838(a). Thus, as the district court found, the central question is whether Ryser was a “licensee practicing under [the Act]” when she treated a patient in Missouri.”

Patel v. Kansas State Bd. of Healing Arts, 920 P.2d 477 (Kan. Ct. App. 1996). “(KHAA), specifically K.S.A. 65-2838(a), which states: “The board shall have jurisdiction of proceedings to take disciplinary action authorized by K.”

Patel v. Kansas Bd. of Healing Arts, 920 P.2d 477 (Kan. Ct. App. 1996). “(KHAA), specifically K.S.A. 65-2838(a), which states: "The board shall have jurisdiction of proceedings to take disciplinary action authorized by K.”

— K.S.A. § 65-2838(c) — 1 case

Corder v. Kansas Bd. of Healing Arts, 889 P.2d 1127 (Kan. 1994). “” K.S.A. 65-2838 empowers the Board “to take disciplinary action authorized by K.”

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