327.070 Disciplinary actions

327.070 Disciplinary actions.

(1) The board, after due notice and an opportunity for an administrative hearing

conducted in accordance with KRS Chapter 13B may take any one (1) or a

combination of the following actions against any licensee, certificate holder, or

applicant:

(a) Refuse to license or certify any applicant;

(b) Refuse to renew the license or certificate of any person;

(c) Suspend or revoke or place on probation the license or certificate of any

person;

(d) Impose restrictions on the scope of practice of any person;

(e) Issue an administrative reprimand to any person;

(f) Issue a private admonishment to any person; and

(g) Impose fines for violations of this chapter not to exceed two thousand five

hundred dollars ($2,500).

(2) The following acts by a licensee, certificate holder, or applicant may be considered

cause for disciplinary action:

(a) Indulgence in excessive use of alcoholic beverages or abusive use of

controlled substances;

(b) Engaging in, permitting, or attempting to engage in or permit the performance

of substandard patient care by himself or by persons working under his

supervision due to a deliberate or negligent act or failure to act, regardless of

whether actual injury to the patient is established;

(c) Having engaged in or attempted to engage in a course of lewd or immoral

conduct with any person:

1. While that person is a patient of a health care facility defined by KRS

216B.015 where the physical therapist or physical therapist's assistant

provides physical therapy services; or

2. While that person is a patient or client of the physical therapist or

physical therapist's assistant;

(d) Having sexual contact, as defined by KRS 510.010(7), without the consent of

both parties, with an employee or coworker of the licensee or certificate

holder;

(e) Sexually harassing an employee or coworker of the licensee or certificate

holder;

(f) Conviction of a felony or misdemeanor in the courts of this state or any other

state, territory, or country which affects his ability to continue to practice

competently and safely on the public, if in accordance with KRS Chapter

335B. "Conviction," as used in this paragraph, shall include a finding or

verdict of guilt, an admission of guilt, or a plea of nolo contendere;

(g) Obtaining or attempting to obtain a license or certificate by fraud or material

misrepresentation or making any other false statement to the board;

(h) Engaging in fraud or material deception in the delivery of professional

services, including reimbursement, or advertising services in a false or

misleading manner;

(i) Evidence of gross negligence or gross incompetence in his practice of physical

therapy;

(j) Documentation of being declared mentally disabled by a court of competent

jurisdiction and not thereafter having had his rights restored;

(k) Failing or refusing to obey any lawful order or administrative regulation of the

board;

(l) Promoting for personal gain an unnecessary device, treatment, procedure, or

service, or directing or requiring a patient to purchase a device, treatment,

procedure, or service from a facility or business in which he has a financial

interest;

(m) Being impaired by reason of a mental, physical, or other condition that

impedes his or her ability to practice competently;

(n) Violation of KRS 304.39-215; and

(o) Conduct that is subject to the penalties under KRS 304.99-060(4) or (5).

(3) A private admonishment shall not be subject to disclosure to the public under KRS

61.878(1)(l). A private admonishment shall not constitute disciplinary action but

may be used by the board for statistical purposes or in subsequent disciplinary

action against the same licensee, certificate holder, or applicant.