Kentucky Statutes 313.100 – Sanctions for violation of statute, administrative regulation, or practice standard — Administrative hearing — Criminal charges — Expungement of record
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(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.
(8) (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.
Effective: July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 16, effective July 15, 2010.
— Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2636-3, 2636-6.
(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:
Terms Used In Kentucky Statutes 313.100
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Kentucky Board of Dentistry. See Kentucky Statutes 313.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Dental hygienist: means any person who has graduated from a CODA accredited dental hygiene program at an institute of higher learning and has been credentialed as a "Registered Dental Hygienist". See Kentucky Statutes 313.010
- Dental specialist: means a dentist who practices in fields of specialty recognized and approved by the American Dental Association. See Kentucky Statutes 313.010
- Dentist: means any person who has graduated from a Commission on Dental Accreditation (CODA) accredited dental school and has been conferred with the degree of "Doctor of Medical Dentistry" (D. See Kentucky Statutes 313.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(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.
(8) (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.
Effective: July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 16, effective July 15, 2010.
— Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2636-3, 2636-6.