2015 Kentucky Revised Statutes CHAPTER 313 - DENTISTS AND DENTAL SPECIALISTS 313.090 Law Enforcement Committee's jurisdiction when complaint filed against dentist, dental hygienist, dental assistant, or other registered person -- Procedure for resolving complaint -- Appeals.
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313.090 Law Enforcement Committee's jurisdiction when complaint filed against
dentist, dental hygienist, dental assistant, or other registered person -Procedure for resolving complaint -- Appeals.
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In accordance with the provisions of KRS Chapter 13B, all discipline for which the
board is authorized to conduct investigations, hold hearings, and impose
punishments is delegated to the executive director, board attorney, and hearing
panel as provided in this section.
Any person may make a complaint to the executive director that a dentist, dental
hygienist, dental assistant, or other person licensed or registered by the board has
violated a provision of this chapter, an administrative regulation promulgated
pursuant to this chapter, a practice standard, or an order of the board.
Each complaint shall:
(a) Be in writing;
(b) Identify specifically the person or organization against whom the complaint is
made;
(c) Set forth the facts relating to the violation alleged and any other supporting
information which may have a bearing on the matter;
(d) Contain the name, address, telephone number, facsimile number, and e-mail
address, if available, of the complainant; and
(e) Be signed by the complainant as the truth of the statements contained in the
complaint by the complainant.
A complaint which is unsigned shall not be acted upon by the executive director
unless the complaint involves a violation of standards set forth by the Centers for
Disease Control or alleged mental or physical impairment as provided for in KRS
313.130. A complaint which is not signed in the manner specified in subsection (3)
of this section shall be returned to the complainant for completion.
The executive director of the board may, on behalf of the board, based on
knowledge available to the Office of the Board, make a complaint against any
person or organization regulated by the board in the same manner as provided in
subsection (3) of this section.
Upon receipt of a properly completed complaint, the executive director shall assign
the complaint to a staff investigator who shall investigate the complaint and shall
make findings of fact and recommendations to the executive director who shall then
convene a meeting of the Law Enforcement Committee.
The staff investigator shall notify the person or organization against whom the
complaint has been filed and shall notify the employer of the dentist, dental
hygienist, or dental assistant of the complaint.
The notification shall name the person or organization complained against, the
complainant, the violations alleged, and the facts presented in the complaint and
shall notify the person or organization complained against and the employer of:
(a) The fact that the complaint shall be answered, the steps for answering the
complaint, and the action to be taken if the complaint is not answered;
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(b) The timeframe and steps in the proceedings of a complaint;
(c) The rights of the parties, including the right to counsel; and
(d) The right to testify at any hearing.
Upon the failure of a licensee or certificate holder to respond to a written accusation
or to request a hearing within twenty (20) days after the sending of the accusation,
the accused shall be considered to have admitted the truth of the facts and the
circumstances in the allegation and appropriate discipline may be imposed.
After reviewing the complaint and results of any investigation conducted on behalf
of the board, the Law Enforcement Committee shall consider whether the
accusation is sufficient to remand the matter for a hearing as provided in this section
and KRS Chapter 13B. A majority vote of the members of the Law Enforcement
Committee shall be necessary for action to either remand the matter for hearing or
dismiss the complaint without a hearing.
If the Law Enforcement Committee dismisses the complaint, all parties notified
previously shall be notified of the action. If the Law Enforcement Committee
remands the matter for a hearing, all parties notified previously shall be notified of
the action.
Each proceeding to consider the imposition of a penalty which the board is
authorized to impose pursuant to this chapter shall be conducted in accordance with
KRS Chapter 13B.
A hearing panel for purposes of making a decision in any disciplinary matter shall
consist of a quorum of the remaining seven (7) members of the board who are not
on the Law Enforcement Committee and the hearing officer.
The board may issue subpoenas to compel the attendance of witnesses and the
production of documents in the conduct of an investigation. The subpoenas may be
enforced by any Circuit Court for contempt. Any order or subpoena of the court
requiring the attendance and testimony of witnesses and the production of
documentary evidence may be enforced and shall be valid anywhere in this state.
At all hearings the board attorney or, on request of the board, the Attorney General
of this state or one (1) of the assistant attorneys general designated, shall appear and
represent the board.
The dentist, dental hygienist, or dental assistant who is the defendant in a hearing
shall be a party to the action and may appear and testify in the matter at any
deposition or hearing on the matter and may propose conclusions of law, findings of
fact, and penalties to the hearing panel.
To make a finding or impose discipline, a majority of the members of the hearing
panel who are not the hearing officer shall agree on the finding or discipline.
The final order in any disciplinary proceeding shall be prepared by the hearing
officer and sent to all parties in the manner prescribed by law.
Any person or entity aggrieved by a final order of the board may appeal the final
order to the Circuit Court of the county in which the person or entity resides in
accordance with KRS Chapter 13B.
(20) Upon final disposition of a complaint which results in disciplinary action, the final
order shall be published on the Web site of the board, placed in the record of the
licensed or registered individual, and reported to the National Practitioner Database.
Effective: July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 15, effective July 15, 2010.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2636-13.
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