Kentucky Statutes 321.351 – Disciplinary action — Offenses subject to disciplinary action — Private admonishment — Criminal background investigation
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(1) The board may refuse to issue a credential, or may suspend, revoke, impose probationary or supervisory conditions upon, impose an administrative fine not to exceed five thousand dollars ($5,000) per violation, issue a written reprimand, issue a private admonishment, or any combination of actions regarding any credential holder upon proof that the credential holder has:
(a) Committed any act of dishonesty or corruption, if in accordance with KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon conviction of the crime, the judgment and sentence are presumptive evidence at the ensuing disciplinary hearing of the guilt of the credential holder or applicant. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
(b) Misrepresented or concealed a material fact in obtaining a board credential, or in reinstatement of a board credential;
(c) Committed any unfair, false, misleading, or deceptive act or practice;
(d) Been incompetent or negligent in the practice of veterinary medicine, the practice of veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;
(e) Violated any statute or administrative regulation governing the practice of veterinary medicine, veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;
(f) Failed to comply with an order issued by the board or an assurance of voluntary compliance;
(g) Violated the code of conduct as set forth by the board by administrative regulation;
(h) Become impaired or incapacitated and unable to perform that person‘s duties with reasonable skill and safety; or
(i) Violated any applicable provision of any federal or state law or regulation regarding the dispensing of controlled substances, veterinary drugs, veterinary prescription drugs, or legend drugs, if in accordance with KRS Chapter 335B.
(2) Five (5) years from the date of a revocation, any person whose board credential has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the board credential upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in practice.
(3) When in the judgment of the board, an alleged violation is not of a serious nature, and the evidence presented to the board after the investigation and appropriate opportunity for the credential holder to respond, provides a clear indication that the alleged violation did in fact occur, the board may issue a written reprimand to the credential holder. A copy of the reprimand shall be placed in the permanent file of the credential holder. The credential holder shall have the right to file a response to the reprimand within thirty (30) days of its receipt and to have the response placed
in the permanent licensure file. The credential holder may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request the board shall set aside the written reprimand and set the matter for hearing.
(4) At any time during the investigative or hearing processes, the board may enter into an agreed order, settlement agreement, or accept an assurance of voluntary compliance with the credential holder which effectively deals with the complaint or grievance.
(5) The board may reconsider, modify, or reverse its probation, reprimand, suspensions, or other disciplinary action.
(6) Private admonishment shall not be subject to disclosure to the public under KRS
61.878 and shall not constitute disciplinary action, but may be used by the board for statistical purposes or in a subsequent disciplinary action against the credential holder or applicant.
(7) As a part of any board investigation under this section or KRS § 321.235, the board may require an applicant, credential holder, or any other person engaging in a veterinary practice or activity regulated by the board under this chapter to submit to a criminal background investigation conducted in accordance with KRS § 321.189.
(8) For the purposes of this section, “credential holder” means a person who:
(a) Holds any license, certificate, permit, registration, or other credential issued or approved by the board; or
(b) Serves as the veterinarian manager, AAHP manager, registered responsible party designated on a facility registration or AAHP facility registration, or as the designated on-site manager for a certified animal control agency.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 25, effective June 29, 2023. — Amended
2017 Ky. Acts ch. 158, sec. 69, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 116, sec. 15, effective July 15, 2016. — Created 1992 Ky. Acts ch. 299, sec. 13, effective July 14, 1992.
(a) Committed any act of dishonesty or corruption, if in accordance with KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon conviction of the crime, the judgment and sentence are presumptive evidence at the ensuing disciplinary hearing of the guilt of the credential holder or applicant. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
Terms Used In Kentucky Statutes 321.351
- AAHP facility: means any building, fixed facility, place, premises, mobile facility, mobile unit, or location from which the practice of allied animal health professionals on animals is conducted or performed, including but not limited to a mobile clinic or facility, outpatient clinic, emergency facility, specialty facility, referral facility, human facility, or center. See Kentucky Statutes 321.181
- AAHP manager: means at least one (1) board-permitted AAHP who registers to assume responsibility for the registration, management, and operation of a registered allied animal health professional facility. See Kentucky Statutes 321.181
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Animal: means any member of the animal kingdom other than a human, whether living or dead. See Kentucky Statutes 321.181
- Applicant: means a person who submits an application for licensure, certification, permit, or registration, whether complete or not, to the board. See Kentucky Statutes 321.181
- Board: means the Kentucky Board of Veterinary Examiners. See Kentucky Statutes 321.181
- Certified animal control agency: means an animal shelter that is certified by the board. See Kentucky Statutes 321.181
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a formal declaration that someone is guilty of a crime by a court of competent jurisdiction and shall include a finding or verdict of guilt, an admission of guilt, a no contest plea, a plea of nolo contendere, or a guilty plea. See Kentucky Statutes 321.181
- Credential: means :
(a) Any license, certificate, permit, registration, or other credential issued or approved by the board. See Kentucky Statutes 321.181 - Credential holder: means a person who holds an approved credential issued by the board, which may be one (1) or more of the following:
(a) Certificate. See Kentucky Statutes 321.181 - Designated on-site manager: means a person who registers with the board to assume responsibility for the ordering, management, use, and disposal of controlled substances at a certified animal control agency. See Kentucky Statutes 321.181
- 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.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Impaired: means that a credential holder, designated on-site manager, veterinarian manager, AAHP manager, or registered responsible party may reasonably be unable to perform that person's duties with competence, skill, and safety because of a physical or mental disability or incapacity, including deterioration of mental capacity, loss of motor skills, or substance use or disorder of sufficient degree which may reasonably diminish the person's ability to deliver competent patient care. See Kentucky Statutes 321.181
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: means any individual, firm, partnership, association, joint venture, cooperative, corporation, governmental body, or any other group, legal entity, or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of the person. See Kentucky Statutes 321.181
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Practice of veterinary medicine: means any person who practices veterinary medicine when performing any one (1) or more of the following on an animal:
(a) Directly or indirectly diagnoses, prognoses, corrects, changes, relieves, prevents, supervises, recommends, or performs medical or surgical treatment, including complementary and alternative veterinary medicine therapies, obstetrics, dentistry, oral surgery, acupuncture, laser therapy, manipulation, and all other branches or specialties of veterinary medicine, for the diagnosis, prevention, cure, or relief of a wound, defect, deformity, fracture, bodily injury, disease, or dental, physical, behavioral, or mental condition. See Kentucky Statutes 321.181 - Practice of veterinary technology: means :
(a) The practices of veterinary technology when performing patient care, professional medical care, monitoring, treatment, or other services on an animal that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, or under supervision of a veterinarian. See Kentucky Statutes 321.181 - Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Prescription: means an order for a drug or medicine, combination or mixture of drugs or medicines, or proprietary preparation that is signed, given, or authorized and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a patient. See Kentucky Statutes 321.181
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registered responsible party: means at least one (1) person who:
(a) Does not otherwise hold a credential with the board who is designated as the registered responsible party on a facility registration and is responsible for its operation and management in conjunction with the veterinarian manager or allied animal health professional manager. See Kentucky Statutes 321.181 - Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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.
- Verdict: The decision of a petit jury or a judge.
- Veterinarian: means an individual who is licensed to engage in the practice of veterinary medicine under this chapter. See Kentucky Statutes 321.181
(b) Misrepresented or concealed a material fact in obtaining a board credential, or in reinstatement of a board credential;
(c) Committed any unfair, false, misleading, or deceptive act or practice;
(d) Been incompetent or negligent in the practice of veterinary medicine, the practice of veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;
(e) Violated any statute or administrative regulation governing the practice of veterinary medicine, veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;
(f) Failed to comply with an order issued by the board or an assurance of voluntary compliance;
(g) Violated the code of conduct as set forth by the board by administrative regulation;
(h) Become impaired or incapacitated and unable to perform that person‘s duties with reasonable skill and safety; or
(i) Violated any applicable provision of any federal or state law or regulation regarding the dispensing of controlled substances, veterinary drugs, veterinary prescription drugs, or legend drugs, if in accordance with KRS Chapter 335B.
(2) Five (5) years from the date of a revocation, any person whose board credential has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the board credential upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in practice.
(3) When in the judgment of the board, an alleged violation is not of a serious nature, and the evidence presented to the board after the investigation and appropriate opportunity for the credential holder to respond, provides a clear indication that the alleged violation did in fact occur, the board may issue a written reprimand to the credential holder. A copy of the reprimand shall be placed in the permanent file of the credential holder. The credential holder shall have the right to file a response to the reprimand within thirty (30) days of its receipt and to have the response placed
in the permanent licensure file. The credential holder may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request the board shall set aside the written reprimand and set the matter for hearing.
(4) At any time during the investigative or hearing processes, the board may enter into an agreed order, settlement agreement, or accept an assurance of voluntary compliance with the credential holder which effectively deals with the complaint or grievance.
(5) The board may reconsider, modify, or reverse its probation, reprimand, suspensions, or other disciplinary action.
(6) Private admonishment shall not be subject to disclosure to the public under KRS
61.878 and shall not constitute disciplinary action, but may be used by the board for statistical purposes or in a subsequent disciplinary action against the credential holder or applicant.
(7) As a part of any board investigation under this section or KRS § 321.235, the board may require an applicant, credential holder, or any other person engaging in a veterinary practice or activity regulated by the board under this chapter to submit to a criminal background investigation conducted in accordance with KRS § 321.189.
(8) For the purposes of this section, “credential holder” means a person who:
(a) Holds any license, certificate, permit, registration, or other credential issued or approved by the board; or
(b) Serves as the veterinarian manager, AAHP manager, registered responsible party designated on a facility registration or AAHP facility registration, or as the designated on-site manager for a certified animal control agency.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 25, effective June 29, 2023. — Amended
2017 Ky. Acts ch. 158, sec. 69, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 116, sec. 15, effective July 15, 2016. — Created 1992 Ky. Acts ch. 299, sec. 13, effective July 14, 1992.