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314.091 Reprimand, denial, limitation, probation, revocation, or suspension
of licenses, privileges, or credentials -- Hearings -- Appeals.
(1)
The board shall have power to reprimand, deny, limit, revoke, probate, or
suspend any license or credential to practice nursing issued by the board or
applied for in accordance with this chapter or the privilege to practice as a
nurse recognized by the board in accordance with this chapter, or to otherwise
discipline a licensee, credential holder, privilege holder, or applicant, or to deny
admission to the licensure examination, or to require evidence of evaluation
and therapy upon proof that the person:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license,
credential, or privilege to practice nursing;
(b) Has been convicted of any felony, or a misdemeanor involving drugs,
alcohol, fraud, deceit, falsification of records, a breach of trust, physical
harm or endangerment to others, or dishonesty, under the laws of any
state or of the United States, if in accordance with KRS Chapter 335B.
The record of conviction or a copy thereof, certified by the clerk of the
court or by the judge who presided over the conviction, shall be
conclusive evidence;
(c) Has been convicted of a misdemeanor offense under KRS Chapter 510
involving a patient, or a felony offense under KRS Chapter 510,
530.064(1)(a), or 531.310, or has been found by the board to have had
sexual contact as defined in KRS 510.010(7) with a patient while the
patient was under the care of the nurse;
(d) Has negligently or willfully acted in a manner inconsistent with the
practice of nursing;
(e) Is unfit or incompetent to practice nursing by reason of negligence or
other causes, including but not limited to, being unable to practice nursing
with reasonable skill or safety;
(f) Abuses use of controlled substances, prescription medications, illegal
substances, or alcohol;
(g) Has misused or misappropriated any drugs placed in the custody of the
nurse for administration, or for use of others;
(h) Has falsified or in a negligent manner made incorrect entries or failed to
make essential entries on essential records;
(i) Has a license, privilege, or credential to practice as a nurse denied,
limited, suspended, probated, revoked, or otherwise disciplined in another
jurisdiction on grounds sufficient to cause a license or privilege to be
denied, limited, suspended, probated, revoked, or otherwise disciplined in
this Commonwealth, including action by another jurisdiction for failure to
repay a student loan;
(j) Has violated any of the provisions of this chapter;
(k) Has violated any lawful order or directive previously entered by the board;
(l) Has violated any administrative regulation promulgated by the board;
(m) Has been listed on the nurse aide abuse registry with a substantiated
finding of abuse, neglect, or misappropriation of property; or
(n)
(2)
(3)
(4)
(5)
(6)
(7)
Has violated the confidentiality of information or knowledge concerning
any patient, except as authorized or required by law.
All hearings shall be conducted in accordance with KRS Chapter 13B. A
suspended or revoked license, privilege, or credential may be reinstated at the
discretion of the board, and in accordance with regulations promulgated by the
board.
The executive director 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 the Circuit Court as 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 on request of the board the Attorney General of this state or one
(1) of the assistant attorneys general designated by the Attorney General shall
appear and represent the board.
A final order of the board shall be by majority vote thereof.
Any person adversely affected by any final order of the board may obtain a
review thereof by filing a written petition for review with the Circuit Court of the
county in which the board's offices are located in accordance with KRS
Chapter 13B.
If the board substantiates that sexual contact occurred between a nurse and a
patient while the patient was under the care of or in a professional relationship
with the nurse, the nurse's license, privilege, or credential may be revoked or
suspended with mandatory treatment of the nurse as prescribed by the board.
The board may require the nurse to pay a specified amount for mental health
services for the patient which are needed as a result of the sexual contact.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 58, effective June 29, 2017. -Amended 2010 Ky. Acts ch. 85, sec. 58, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 99, sec. 4, effective July 15, 2008. -- Amended 2006 Ky. Acts
ch. 86, sec. 9, effective June 1, 2007; and ch. 182, sec. 60, effective July 12,
2006. -- Amended 2004 Ky. Acts ch. 55, sec. 7, effective July 13, 2004. -Amended 2000 Ky. Acts ch. 391, sec. 15, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 26, sec. 4, effective July 15, 1996; and ch. 318, sec. 264,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 265, sec. 6, effective July
15, 1994; ch. 367, sec. 9, effective July 15, 1994; and ch. 470, sec. 6, effective
July 15, 1994. -- Amended 1992 Ky. Acts ch. 128, sec. 10, effective July 14,
1992. -- Amended 1986 Ky. Acts ch. 346, sec. 4, effective July 15, 1986. -Amended 1982 Ky. Acts ch. 408, sec. 8, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 168, sec. 7, effective June 17, 1978. -- Created 1966 Ky. Acts
ch. 20, sec. 10.
Legislative Research Commission Note (7/15/94). This statute was amended by
1994 Ky. Acts chs. 265 and 470, which were companion bills and are
substantively identical. These Acts have been codified together. For the few
minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250, as
the Act which passed the General Assembly last. 1994 Ky. Acts ch. 367, sec. 9
is not in conflict with these two Acts and has been codified together with them.
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