2013 Kentucky Revised Statutes CHAPTER 313 - DENTISTS AND DENTAL SPECIALISTS 313.080 Grounds for discipline or for revocation or suspension of license or registration -- Criminal prosecution.
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313.080 Grounds for discipline or for revocation or suspension of license or
registration -- Criminal prosecution.
(1)
(2)
No person shall:
(a) Call or hold himself out as or use the title dentist, dental specialist, dental
hygienist, or dental assistant unless licensed or registered under the
provisions of this chapter;
(b) Operate, offer to operate, or represent or advertise the operation of a
dental practice of any type unless licensed by or employing individuals
licensed by the board;
(c) Employ a dentist, dental hygienist, or dental assistant unless that person
is licensed or registered under the provisions of this chapter; or
(d) Maintain any license or certificate authorized by this chapter if convicted
of, having entered a guilty plea to, having entered an Alford plea to, or
having completed a diversion program for a Class A, B, or C felony
offense on or after the date of initial licensure or registration.
Persons licensed or registered by the board or who are applicants for licensure
or registration by the board shall be subject to disciplinary action by the board if
they:
(a) If licensed or registered by the board, violate any provision of this chapter
or any administrative regulation promulgated by the board;
(b) Use fraud or deceit in obtaining or attempting to obtain a license or
registration from the board, or are granted a license upon mistake of a
material fact;
(c) If licensed or registered by the board, negligently act in a manner
inconsistent with the practice of the discipline for which the person is
licensed or registered;
(d) Are unable to practice a discipline regulated by the board with reasonable
skill or safety or are unfit or incompetent to practice a discipline regulated
by the board;
(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the
licensee or certified person for administration, or for use of others, or
those drugs prescribed by the licensee;
(f) Falsify or fail to make essential entries on essential records;
(g) Are convicted of a misdemeanor which involved acts which bear directly
on the qualifications or ability of the applicant, licensee, or certified person
to practice the discipline for which the person is an applicant, licensee, or
certified person;
(h) Are convicted of a misdemeanor which involved fraud, deceit, breach of
trust, or physical harm or endangerment to self or others, acts which bear
directly on the qualifications or ability of the applicant, licensee, or
certificate holder to practice acts in the license or registration held or
sought;
(i) Are convicted of a misdemeanor offense under KRS Chapter 510
involving a patient;
(j) Have had a license or certificate to practice as a dentist, dental hygienist,
(3)
(4)
(5)
(6)
or dental assistant denied, limited, suspended, probated, revoked, or
otherwise disciplined in Kentucky or in another jurisdiction on grounds
sufficient to cause a license to be denied, limited, suspended, probated,
revoked, or otherwise disciplined in this Commonwealth;
(k) Have a license or registration to practice any activity regulated by the
board denied, limited, suspended, probated, revoked, or otherwise
disciplined in another jurisdiction on grounds sufficient to cause a license
or registration to be denied, limited, suspended, probated, revoked, or
otherwise disciplined in this Commonwealth;
(l) Violate any lawful order or directive previously entered by the board;
(m) Have been listed on the National Practitioner Databank with a
substantiated finding of abuse, neglect, or misappropriation of property;
(n) Fail to notify the board in writing of any change in the person's name,
residential address, employment address, preferred mailing address, or
telephone number within thirty (30) days of the change;
(o) Fail to comply with KRS 422.317 regarding patient records; or
(p) Fail to report to the board any negative outcome related to dental
treatment involving intravenous or conscious sedation beyond anxiety
control that requires hospital admission.
A person who violates subsection (1)(a), (b), (c), or (d) of this section shall be
guilty of a Class B misdemeanor for a first offense and a Class A misdemeanor
for each subsequent offense. The board shall consider each individual count of
a violation as a separate and subsequent offense.
The provisions of this section shall not preclude prosecution for the unlawful
practice of dentistry by an agency of the Commonwealth.
The filing of criminal charges or a criminal conviction for violation of the
provisions of this chapter or the administrative regulations promulgated
thereunder shall not preclude the Office of the Board from instituting or
imposing board disciplinary action authorized by this chapter against any
person or organization violating this chapter or the administrative regulations
promulgated thereunder.
The institution or imposition of disciplinary action by the Office of the Board
against any person or organization violating the provisions of this chapter or
the administrative regulations promulgated thereunder shall not preclude the
filing of criminal charges against or a criminal conviction of any person or
organization for violation of the provisions of this chapter or the administrative
regulations promulgated thereunder.
Effective:July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 13, effective July 15,
2010. -- Amended 2001 Ky. Acts ch. 61, sec. 8, effective June 21, 2001. -Amended 1998 Ky. Acts ch. 552, sec. 1, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 387, sec. 2, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 443, sec. 7, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 351,
sec. 1, effective June 17, 1978. -- Amended 1970 Ky. Acts ch. 75, sec. 2. -Amended 1964 Ky. Acts ch. 12, sec. 5. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2636-9, 2636-19.
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