2018 Kentucky Revised Statutes CHAPTER 314 - REGISTERED NURSES -- PRACTICAL NURSES .085 Mental health, neuropsychological, psychosocial, psychosexual, substance use disorder, 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, neuropsychological, psychosocial, psychosexual, substance
use disorder, or physical evaluation of licensee or applicant -- Suspension or
denial of application until person submits to evaluation.
(1)
(2)
(3)
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, neuropsychological,
psychosocial, psychosexual, substance use disorder, or physical evaluation by a
licensed or certified practitioner designated by the board. Upon the failure of the
person to submit the evaluation within thirty (30) days, 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, neuropsychological, psychosocial, psychosexual,
substance use disorder, 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,
neuropsychological, psychosocial, psychosexual, substance use disorder, or physical
evaluation ordered by the board.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 183, sec. 5, effective July 14, 2018. -- Amended
2015 Ky. Acts ch. 117, sec. 15, effective June 24, 2015. -- 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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