313.100 Sanctions for violation of statute, administrative regulation, or practice
651 words·~3 min read·
/ky/313-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
standard -- Administrative hearing -- Criminal charges -- Expungement of
record.
(1)If it is determined that an entity regulated by the board, a dentist, dental hygienist,
dental specialist, or dental assistant has violated a statute, administrative regulation,
or practice standard relating to serving as an entity regulated by the board, a dentist,
dental hygienist, dental specialist, or dental assistant, the Office of the Board may
impose any of the sanctions provided in subsection
(2)of this section. Any party to
the complaint shall have the right to propose findings of fact and conclusions of
law, and to recommend sanctions.
(2)The Office of the Board shall require an acceptable plan of correction and may use
any one
(1)or more of the following sanctions when disciplining a dentist, dental
hygienist, dental specialist, or dental assistant or any entity regulated by the board:
(a)Private admonishment;
(b)Public reprimand;
(c)Fines;
(d)Revocation of licensure or registration;
(e)Suspension of licensure or registration until a time certain;
(f)Suspension until a certain act or acts are performed;
(g)Limitation of practice permanently;
(h)Limitation of practice until a time certain;
(i)Limitation of practice until a certain act or acts are performed;
(j)Repassing a portion of the clinical examination;
(k)Probation for a specified time and conditions of probation; or
(l)Costs of the disciplinary action as defined by administrative regulation.
(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.
(4)The filing of criminal charges or a criminal conviction for violation of the
provisions of this chapter or the administrative regulations promulgated thereunder
shall not preclude the Office of the Board from instituting or imposing board
disciplinary action authorized by this chapter against any person or organization
violating this chapter or the administrative regulations promulgated thereunder.
(5)The institution or imposition of disciplinary action by the Office of the Board
against any person or organization violating the provisions of this chapter or the
administrative regulations promulgated thereunder shall not preclude the filing of
criminal charges against or a criminal conviction of any person or organization for
violation of the provisions of this chapter or the administrative regulations
promulgated thereunder.
(6)The board may maintain an action to enjoin the practice of or the attempt to practice
as a dentist, dental hygienist, or dental assistant without a license or registration to
do so.
(7)In case of a violation of any injunction granted under this section, the court may use
its inherent powers for adequate relief.
(a)Any licensee or certificate holder who has received a private admonishment
may request in writing for the board to expunge the private admonishment
from the licensee or certificate holder's permanent record.
(b)The request for expungement may be filed no sooner than three
(3)years after
the date on which the licensee or certificate holder has completed disciplinary
sanctions imposed and if the licensee or certificate holder has not been
disciplined for any subsequent violation of the same nature within this period
of time.
(c)No person may have his record expunged under this chapter more than once.
(9)If it is found the person who is licensed or registered by the board has been
convicted of, pled guilty to, or entered an Alford plea to a Class A, B, or C felony
offense, or has completed a diversion program for a Class A, B, or C felony offense,
the license or registration shall be revoked.
(10)A licensee subject to any disciplinary proceeding under this chapter shall be
afforded an administrative hearing conducted in accordance with KRS Chapter 13B
and may appeal any final order of the board to the Franklin Circuit Court.