2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.684 Revocation of certificate -- Written admonishment -- Other disciplinary proceedings.
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311.684 Revocation of certificate
disciplinary proceedings.
(1)
--
Written
admonishment
--
Other
The board may:
(a) Revoke a certificate;
(b) Suspend a certificate for a period not to exceed five (5) years;
(c) Deny an application for a certificate;
(d) Decline to renew a certificate;
(e) Indefinitely restrict or limit a certificate;
(f) Issue a fine of up to two thousand dollars ($2,000) per violation and/or the
costs of the proceedings;
(g) Place a certificate on probation for a period not to exceed five (5) years;
(h) Reprimand the acupuncturist; or
(i) Impose any combination of such sanctions, upon proof that the
acupuncturist has:
1.
Knowingly made or presented or caused to be made or presented
any false, fraudulent, or forged statement, writing, certificate,
diploma, or other document relating to an application for certification;
2.
Practiced, aided, or abetted in the practice of fraud, forgery,
deception, collusion, or conspiracy relating to an examination for
certification;
3.
Entered a guilty or nolo contendere plea, or been convicted, by any
court within or without the Commonwealth of Kentucky, of
committing an act which is or would be a felony under the laws of
the Commonwealth of Kentucky or of the United States;
4.
Entered a guilty or nolo contendere plea, or been convicted, by any
court within or without the Commonwealth of Kentucky, of any
misdemeanor offense which has dishonesty as a fundamental and
necessary element, including but not limited to crimes involving
theft, embezzlement, false swearing, perjury, fraud, or
misrepresentation;
5.
Become addicted to, or is an abuser of, alcohol, drugs, or any illegal
substance;
6.
Developed a physical or mental disability or other condition that
presents a danger in continuing to practice acupuncture to patients,
the public, or other health-care personnel;
7.
Knowingly made, caused to be made, or aided or abetted in the
making of a false statement in any document executed in connection
with the practice of acupuncture;
8.
Aided, assisted, or abetted the unlawful practice of medicine or
acupuncture;
9.
Willfully violated a confidential communication;
10. Performed the services of an acupuncturist in an unprofessional,
incompetent, or grossly or chronically negligent manner;
11. Been removed, suspended, expelled, or placed on probation by any
(2)
(3)
(4)
(5)
(6)
health-care facility or professional society for unprofessional
conduct, incompetence, negligence, or violation of any provision of
this section;
12. Violated any applicable provision of a statute or administrative
regulation relating to acupuncture practice;
13. Violated any term of a final order or agreed order issued by the
board; or
14. Failed to complete the required number of hours of approved
continuing education.
All disciplinary proceedings against an acupuncturist shall be conducted in
accordance with KRS 311.591, 311.592, 311.593, and 311.599 and KRS
Chapter 13B and related administrative regulations promulgated under KRS
Chapter 311.
(a) The board may issue a written admonishment to the certified
acupuncturist when, in the judgment of the board:
1.
An alleged violation is not of a serious nature; and
2.
The evidence presented to the board after the investigation,
including an appropriate opportunity for the certified acupuncturist to
respond, provides a clear indication that the alleged violation did in
fact occur.
(b) A copy of the admonishment shall be placed in the permanent file of the
certified acupuncturist.
(c) The certified acupuncturist shall have the right to file a response to the
admonishment within thirty (30) days of its receipt and to have the
response placed in the permanent certification file.
(d) The certified acupuncturist may alternatively, within thirty (30) days of the
admonishment's receipt, file a request for a hearing with the board.
(e) Upon receipt of a request for a hearing, the board shall set aside the
written admonishment and set the matter for a hearing under the
provisions of KRS Chapter 13B.
At any time during the investigative or hearing processes, the board may enter
into an agreed order or accept an assurance of voluntary compliance with the
certified acupuncturist which effectively deals with the complaint.
The board may, upon the agreement of the aggrieved party, use mediation to
handle disciplinary matters. The board may appoint any member or members
of the board, any staff member, or any other person or combination thereof to
serve in the mediation process.
The board may reconsider, modify, or reverse its disciplinary actions.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 249, sec. 14, effective July 12, 2006.
Legislative Research Commission Note (7/12/2006). For the sake of clarity and
under the authority of KRS 7.136(1)(c), the Reviser of Statutes has divided 2006
Ky. Acts ch. 249, sec. 14(1) into paragraphs and subparagraphs.
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