Open Records

Records will be released in accordance with the Kansas Open Records Act (K.S.A. 45-215, et seq.)

Requesting Information

A request to inspect or copy records must be made in accordance with the following guidelines:

Must be made in writing to the records custodian (Note: a request received via e-mail or facsimile is deemed a written request.);
Must sufficiently identify the record being sought; and
Must contain the name and address of the party requesting access (proof of identity may be required).

Please direct all requests to:

Kansas State Board of Healing Arts
Attn: LeeAnn Hunter-Roach, Legal Assistant to General Counsel
800 SW Jackson, Lower Level - Suite A
Topeka, KS 66612
Phone: (785) 296-4502
Fax: (785) 368-7102
Email:KSBHA_Openrecords@ks.gov

Use of names derived from a public record, whether from a printed roster, other printed record, or electronic record in any form, is limited by K.S.A. 45-230. If access to a record mainted by the Board reveals an individual's identity, then the person requesting access may be required to submit an Open Records Request and Certification form.

Generally, the Board has until the third business day following receipt of the open records request to respond. Although, due to extensive amounts of information requested by particular individuals, more time to respond may be sought by the Board staff member in order to appropriately and sufficiently respond. In this event, a written response will be supplied to the requestor to inform of the need for additional to respond to the open records request.

Fees

Inspection and copying charges are established to compensate the Board for the cost of staff time, copying expenses and postage. The custodian has discretion to waive payment of costs. No fee will be charged for inspecting or copying a public record when the total calculated cost is less than $10.00 unless required by the custodian. Advance payment in part or in full may be demanded when the estimated cost exceeds $100.00.

To pay by credit or debit card, please print and complete a Credit / Debit Card Authorization Payment Form and send by email to KSBHA_Openrecords@ks.gov or by fax to (785) 368-7102.

Restrictions on Access

At times, the records custodian may refuse to provide access to a record. Among other reasons, access may be refused if a provision of law prohibits or restricts disclosure of a record. The records custodian may refuse to provide access to a record for any discretionary reason listed in K.S.A. 45-221(a) and amendments thereto.

The agency record of any administrative hearing is a public record, and is generally available to the public. As a courtesy to the public, the Board provides access to pertinent case documents on on the Board Actions page. Further, links to these documents can be found on the Licensee's profile, which can be accessed by a Public Profile Search. The agency record consists of pleadings, transcripts, exhibits and other documents considered by the Board and used as a basis for its agency action. Documents in the agency record containing information that is confidential under state or federal law, privileged or subject to a valid protective order issued by the presiding officer, will not be available for inspection of copying, except that such documents will be disclosed if the confidential or privileged information can be deleted/redacted, or if a valid and appropriate consent for release of information is given.

The application for initial licensure, whether it by examination, endorsement, or reinstatement, or registration and all associated documents and the renewal application and all associated documents are considered public records by the Kansas State Board of Healing Arts. Any portion of the application or renewal application (such as social security number, academic performance records, and confidential disciplinary history) will be deleted/redacted from copies of the original record if it discloses information that is confidential or privileged pursuant to federal or state law, or if it discloses the presence or absence of disabilities.

Release of state employee personnel records is governed by Kansas statute and by rules adopted by the Kansas Secretary of Administration.

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