The most common reasons for legal review are:

1. “Yes” answers on any attestation question including but not limited to:
   1. A history of criminal arrests/charges
   2. Being away from active clinical practice for a number of years
   3. Disciplinary action taken by other licensure entities
2. Inconsistent or dishonest answers submitted during the application process

Not providing sufficient documentation, e.g. documented resolutions of civil and/or criminal court cases, evidence of CMEs when required, and so forth

Cases may be sent for legal review for a wide variety of reasons, including a positive criminal history, prior discipline imposed by other regulatory agencies, and matters involving medical negligence. Each case sent for legal review is considered and resolved based on its unique characteristics; however, there are some common factors that may impact the length of a legal review. These include how long ago the issue or event under consideration occurred, the complexity of the legal issues involved, and whether documents or information necessary for such a review are readily made available.

In addition, some applications require presentation to the Board’s current Disciplinary Panel. While cases are presented to the Panels monthly, this may lengthen the time an application is under legal review. Finally, for those applicants who have been away from clinical practice for some time, working with the current Panel is a necessary part of the process and it may take considerable time to develop a re-entry plan including obtaining and providing the documentation necessary to conclude the legal review.

It’s the Board purpose to safeguard the public through licensure, education and discipline of those who practice the healing arts in Kansas. A legal review of applications that merit further consideration under the applicable practice acts is vital to achieving that mission.

Cases under legal review are managed by the Litigation Department’s Application Litigation Support Specialist (“ALSS”). The ALSS is the primary point of contact for all applications under legal review. If an application is referred for legal review, Licensing staff will notify the applicant and provide the contact information for the ALSS.

The Board understands and appreciates the stressful nature of the licensure and legal review processes; however, the most efficient means to get status updates while in legal review is to contact the ALSS by email. The ALSS will not provide status updates over the phone until a caller’s identity can be verified.

We cannot guarantee a timeline for a legal review; however, the ALSS and the current Disciplinary Panel will work with the applicant to try and meet the employment start date when feasible. In addition, the Panels will respond emergently to Letters of Need provided by third-party providers or other similar circumstances.

The most efficient way to expedite the process is to work with Licensing and the ALSS in providing any and all supporting documentation as requested in the application at the outset of the process. If any information has changed since initial submission, timely supplementing the application will also help keep the process moving forward.

No. Matters are routinely sent for legal review and most referrals do not lead to denials of applications for licensure. Should the Board’s Disciplinary Panel seek to oppose an application, there are several steps that occur along the way including working with the Applicant to resolve a Panels’ concerns. In addition, Applicants have the opportunity to appear before the full Board at a regularly scheduled Board meeting and address the Board themselves before any consideration of denial occurs.

Getting your own attorney is not required, but legal issues impacting licensure can be complicated. If you do decide to retain private counsel, the Litigation Department and the Board’s current Disciplinary Panel will work with you and your counsel throughout the process.

Applicants can submit their request to withdraw their application in writing. Please be advised that the Board’s current Disciplinary Panel may oppose such a request and should you reapply for licensure in the future, you will need to pay all of the required fees and submit documentation again. Further, if you try to apply for licensure in the future, the Board may still request additional information or action from you as requested from the initial application.

Applications under legal review may be presented to the Board’s current Disciplinary Panel for its consideration. The Disciplinary Panel is a subset of members of the Board and include 3-4 licensed healthcare professionals and 1 of the public members from the Board. The Disciplinary Panel is a confidential meeting between Board legal staff and members of the Panel, so applicants nor members of the public can attend. Should the Panel decide to oppose licensure, the application will be considered by the full Board.

The Panel meets monthly; however, interim meetings between the Panel and the Litigation Department to consider applications occur as needed.

For routine matters, legal staff will begin contacting Applicants within one to two weeks following the Panel’s decision on application under consideration.

Once an application has been approved by the Panel or by the Board, activation of a license usually occurs within 1-2 business days. Please be aware that if you have requested an activation date that is later than the Panel’s review, your license will not activate until that date.