Kentucky Statutes 314.091 – Reprimand, denial, limitation, probation, revocation, or suspension of licenses, privileges, or credentials — Hearings — Appeals
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(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
(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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 51, sec. 1, effective June 29, 2023. — Amended
2021 Ky. Acts ch. 1, sec. 11, effective January 22, 2021. — Amended 2019 Ky. Acts ch. 143, sec. 12, effective June 27, 2019. — Amended 2018 Ky. Acts ch. 183, sec. 7, effective July 14, 2018. — 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.
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license, credential, or privilege to practice nursing;
Terms Used In Kentucky Statutes 314.091
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means Kentucky Board of Nursing. See Kentucky Statutes 314.011
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means but is not limited to: (a) An unvacated adjudication of guilt. See Kentucky Statutes 314.011
- Credential: means a current license, registration, certificate, or other similar authorization that is issued by the board. See Kentucky Statutes 314.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nurse: means a person who is licensed or holds the privilege to practice under the provisions of this chapter as a registered nurse or as a licensed practical nurse. See Kentucky Statutes 314.011
- Probate: Proving a will
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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
(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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 51, sec. 1, effective June 29, 2023. — Amended
2021 Ky. Acts ch. 1, sec. 11, effective January 22, 2021. — Amended 2019 Ky. Acts ch. 143, sec. 12, effective June 27, 2019. — Amended 2018 Ky. Acts ch. 183, sec. 7, effective July 14, 2018. — 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.