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320.321 Grievances -- Disciplinary proceedings.
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Grievances may be submitted by an individual, organization, or entity, including the
board based upon information within the board's knowledge. The board may
investigate any licensee or unlicensed individual or entity engaged in the practice of
optometry suspected of conduct which would be grounds for disciplinary or court
action and may hire or appoint persons who are knowledgeable in the practice of
optometry to investigate on its behalf. The board shall have the power to issue
investigatory subpoenas for the appearance before the board of any person within
the jurisdiction of the Commonwealth of Kentucky and to require production of any
record, document, or other item. The board may seek enforcement of investigatory
subpoenas in the courts of the Commonwealth as may be necessary. A copy of the
grievance shall be mailed to the licensee or unlicensed individual or entity engaged
in the practice of optometry at the last address that the board has on record or has
been able to determine. If the licensee or unlicensed individual or entity engaged in
the practice of optometry chooses to respond to the grievance, he or she shall submit
a response within ten (10) days after the date on which the grievance was mailed.
Notwithstanding any other provision of law, the board may initiate disciplinary
proceedings or court actions based upon information within its knowledge or
received from other persons. A majority of the board members may direct the
issuance of a complaint; in these instances, the board shall prepare a written
complaint, in accordance with KRS Chapter 13B, that shall be signed by the
chairman of the board and shall contain sufficient information to apprise the named
optometrist or unlicensed individual or entity engaged in the practice of optometry
of the nature of the charges. A copy of the complaint shall be delivered to the
charged optometrist or unlicensed individual or entity engaged in the practice of
optometry by personal delivery or sent by certified mail to the optometrist's last
address that the board has on record or to a site found for an unlicensed individual
or entity engaged in the practice of optometry. The optometrist or unlicensed
individual or entity engaged in the practice of optometry shall file a response within
twenty (20) days after the complaint was sent or personally served upon the
optometrist or unlicensed individual or entity engaged in the practice of optometry.
Failure to submit a timely response or avoidance of service may be taken by the
board or the court as an admission of the charges contained in the complaint. The
board may then review the grievance, information obtained by the board, and the
optometrist's response or the response of the unlicensed individual or entity engaged
in the practice of optometry, and dismiss the grievance, issue a complaint and notice
of hearing, investigate further, or bring an action in a court of competent jurisdiction
to enforce the provisions of this chapter.
The hearing shall be conducted in accordance with KRS Chapter 13B.
The board may impose discipline upon the licensee under KRS 320.310 if the board
finds a violation of this chapter or administrative regulations promulgated under this
chapter, after a hearing.
All costs of the proceeding may be assessed against the charged optometrist or
unlicensed individual or entity engaged in the practice of optometry if a finding of
guilt is made by the board or by the court.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 25, sec. 1, effective June 24, 2003. -- Amended
2000 Ky. Acts ch. 361, sec. 13, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 318, sec. 280, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 256, sec. 1,
effective July 13, 1990.
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