314.091 Reprimand, denial, limitation, probation, revocation, or suspension of licenses, privileges, or credentials -- Hearings -- Appeals

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 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 either the adult caregiver misconduct registry or the nurse

aide abuse registry with a substantiated finding of abuse, neglect, or

misappropriation of property, or has a substantiated finding or judicial finding

of the abuse or neglect of a child;

(n) Has violated the confidentiality of information or knowledge concerning any

patient, except as authorized or required by law;

(o) Used or possessed a Schedule I controlled substance;

(p) Has used or been impaired as a consequence of the use of alcohol or drugs

while practicing as a nurse;

(q) Has violated KRS 304.39-215;

(r) Has engaged in conduct that is subject to the penalties under KRS 304.99-

060(4) or (5); or

tiality of information or knowledge concerning any

patient, except as authorized or required by law;

(o) Used or possessed a Schedule I controlled substance;

(p) Has used or been impaired as a consequence of the use of alcohol or drugs

while practicing as a nurse;

(q) Has violated KRS 304.39-215;

(r) Has engaged in conduct that is subject to the penalties under KRS 304.99-

060(4) or (5); or

(s) As provided in KRS 311.824(2), has been convicted of a violation of KRS

311.823(2).

(2) 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.

(3) 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.

(4) 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.

(5) A final order of the board shall be by majority vote thereof.

(6) 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.

(7) 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.

(8) The board may, by administrative regulation, provide for the recovery of the costs

of an administrative hearing.