2016 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS .684 Revocation of license -- Written admonishment -- Other disciplinary proceedings.
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311.684
Revocation of license -- Written admonishment -- Other disciplinary
proceedings.
(1)
The board may:
(a) Revoke a license;
(b) Suspend a license for a period not to exceed five (5) years;
(c) Deny an application for a license;
(d) Decline to renew a license;
(e) Indefinitely restrict or limit a license;
(f) Issue a fine of up to two thousand dollars ($2,000) per violation and/or the
costs of the proceedings;
(g) Place a license 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 licensure;
2.
Practiced, aided, or abetted in the practice of fraud, forgery, deception,
collusion, or conspiracy relating to an examination for licensure;
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.
(2)
(3)
(4)
(5)
(6)
Been removed, suspended, expelled, or placed on probation by any
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, 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 licensed 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 licensed 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
licensed acupuncturist.
(c) The licensed 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 licensure file.
(d) The licensed 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 licensed
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 15, 2014
History: Amended 2014 Ky. Acts ch. 24, sec. 12, effective July 15, 2014. -- 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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