2012 Kentucky Revised Statutes CHAPTER 314 REGISTERED NURSES -- PRACTICAL NURSES 314.085 Mental health, chemical dependency, or physical evaluation of licensee or applicant -- Suspension or denial of application until person submits to evaluation.
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314.085 Mental health, chemical dependency, or physical evaluation of licensee or
applicant -- Suspension or denial of application until person submits to
evaluation.
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If the board has reasonable cause to believe that any licensee; applicant for licensure
by examination, endorsement, reinstatement, or change of status; holder of the
privilege to practice as a nurse; credential holder; or holder of a temporary work
permit is unable to practice with reasonable skill and safety or has abused alcohol or
drugs, it may require the person to submit to a mental health, chemical dependency,
or physical evaluation by a licensed or certified practitioner designated by the board.
Upon the failure of the person to submit to a mental health, chemical dependency or
physical evaluation, unless due to circumstances beyond the person's control, the
board may initiate an action for immediate temporary suspension pursuant to KRS
314.089 or deny the application until the person submits to the required evaluation.
Every licensee; applicant for licensure by examination, endorsement, reinstatement,
or change of status; holder of the privilege to practice as a nurse; credential holder;
or holder of a temporary work permit shall be deemed to have given consent to
submit to a mental health, chemical dependency, or physical evaluation when so
directed in writing by the board. The direction to submit to an evaluation shall
contain the basis of the board's reasonable cause to believe that the person is unable
to practice with reasonable skill and safety, or has abused alcohol or drugs. The
person shall be deemed to have waived all objections to the admissibility of the
examining practitioner's testimony or examination reports on the ground of
privileged communication.
The licensee; applicant for licensure by examination, endorsement, reinstatement, or
change of status; holder of the privilege to practice as a nurse; credential holder; or
holder of a temporary work permit shall bear the cost of any mental health,
chemical dependency, or physical evaluation ordered by the board.
Effective: June 1, 2007
History: Amended 2006 Ky. Acts ch. 86, sec. 7, effective June 1, 2007. -- Amended
2002 Ky. Acts ch. 266, sec. 4, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 391, sec. 14, effective July 14, 2000. -- Created 1992 Ky. Acts ch. 128, sec. 13,
effective July 14, 1992.
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