Fieser v. Kansas State Board of Healing Arts

The opinion of the court was delivered by

Beier, J.:

This is an appeal involving a final order of the Kansas Board of Healing Arts (Board) revoking Merle J. Fieser s license to practice medicine. The district court reversed the Board’s order, and the case was transferred from the Court of Appeals to this court pursuant to K.S.A. 20-3018(c).

We must decide whether the Board correctly interpreted K.S.A. 65-2837(a)(2) when it concluded that Fieser was professionally incompetent without requiring proof that her deviations from the applicable standard of care proximately caused patient injury. The…