Disciplinary Process and Procedures
Attorney Ed Clark has successfully represented many nurses in his more than two decades of practicing law in Central Kentucky. Ed seeks reasonable, economically efficient resolutions that protect a nurse’s license. Let his experience and interest in helping nurses work for you. Feel free to call Ed with your inquiry at (859) 219-1280. Read on below to learn more about our nurse licensure lawyers and attorneys.
The following information provides an overview of the Kentucky Board of Nursing (KBN) disciplinary process. When a violation of the Kentucky Nursing Laws is alleged, the matter is referred to KBN for an investigation. A nurse comes to the attention of the KBN when reported. Under KRS 314.031(4), any nurse, employer of nurses, or any person having knowledge of a nurse acting in a manner inconsistent with the practice of nursing must report such actions to KBN. The KBN can discipline a nurse who:
- Is guilty of fraud or deceit in procuring or attempting to procure a license, credential, or privilege to practice nursing;
- 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;
- 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;
- Has negligently or willfully acted in a manner inconsistent with the practice of nursing;
- 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;
- Abuses controlled substances, prescription medications, illegal substances, or alcohol;
- Has misused or misappropriated any drugs placed in the custody of the nurse for administration, or for use of others;
- Has falsified or in a negligent manner made incorrect entries or failed to make essential entries on essential records;
- 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;
- Has violated any of the provisions of KRS 314;
- Has violated any lawful order or directive previously entered by the board;
- Has violated any administrative regulation promulgated by the board;
- Has been listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect, or misappropriation of property;
- Has violated the confidentiality of information or knowledge concerning any patient, except as authorized or required by law;
- Used or possessed a Schedule I controlled substance; or
- Has used or been impaired as a consequence of the use of alcohol or drugs while practicing as a nurse.
Ed has successfully defended nurses who have been accused of these serious allegations, and he welcomes your call. (859) 219-1280.
Kentucky Board of Nursing Administrative Hearing Process
At the Clark, Cornett and Smith, we help nurses defend their licenses when charges are brought by the Kentucky Board of Nursing. While we seek resolutions that do not require an administrative hearing, we can represent and defend nurses when one is scheduled.
An administrative hearing regarding a nurse’s license is initiated when the Kentucky Board of Nursing’s prosecuting attorney prepares the Notice of Charges and Notice of Intent to Request a Hearing. This document identifies the specific violations of the Kentucky Nursing Laws and advises the nurse of the factual basis of the charges.
The nurse must submit an answer to the Board following the receipt of the Notice of Charges and Notice of Intent to Request a Hearing. If the nurse submits an answer, there is a pre-hearing conference. Failing to file an answer may result in a default order being issued against the nurse. When a default order is issued, the nurse may be found guilty of the charges and forfeit the right to a hearing.
On a date before the hearing regarding the charges, the nurse, the nurse’s attorney, the investigator, the prosecuting attorney, and the hearing officer often meet to discuss preliminary matters. When appropriate, the nurse’s attorney requests the hearing officer to issue subpoenas for witnesses to testify on behalf of the nurse.
The hearing is conducted by a hearing officer before a hearing panel and a court stenographer. The hearings are open to the public. KBN’s prosecuting attorney and the nurse’s attorney present evidence. After deliberating in closed session, the hearing panel may verbally announce the proposed recommendations.
Following receipt of the hearing transcript, the hearing officer drafts and mails the proposed decision to the nurse and her/his attorney. Following the receipt of the proposed decision, the nurse and her/his attorney may respond in writing with any objections. The full Board then reviews the proposed decision and any objections in closed session. A vote is taken by the Board, and the decision becomes final once it is signed and filed.
If the nurse does not agree with the final decision, an appeal must be promptly filed in the appropriate Circuit Court.
This material is intended as an overview. It is not legal advice and is not meant to supplant the actual statutes or regulations. Further information may be obtained by contacting the Clark, Cornett and Smith at (859) 219-1280.
