Kentucky Statutes 314.991 – Penalties
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(1) Any person who violates any provision of this chapter for which no other penalty has been provided shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). Each day he violates any provisions of this chapter shall be considered a separate offense.
(2) Any person who willfully makes any false representation to the board in applying for a license under this chapter shall be fined not more than five hundred dollars ($500).
(3) For any violation of this chapter where the board has the power to deny, revoke, probate, limit, or suspend a license, the board may, in lieu thereof or in addition to other remedies, impose a civil penalty against the violator of not more than ten thousand dollars ($10,000).
(4) Any person who knowingly violates KRS § 314.031(1) or KRS § 314.035(1) shall, for the first occurrence, be imprisoned for not more than twelve (12) months or fined not more than five hundred dollars ($500), or both.
(5) Any person who knowingly violates KRS § 314.031(1) or KRS § 314.035(1) on a second or subsequent occasion shall be imprisoned for not more than five (5) years or fined not more than ten thousand dollars ($10,000), or both.
(6) Any unlicensed person who knowingly poses as someone else who does hold a license under this chapter shall be guilty of a violation of KRS § 314.031(1), and the penalties set out in subsections (4) and (5) of this section all apply to such conduct.
(7) In addition to the penalties provided in subsections (4) and (5) of this section, the board may impose civil penalties for violations of KRS § 314.031(1) or KRS
314.035(1) in an amount equal to one hundred dollars ($100) for each day during
which a violation occurred or continued.
(8) All civil penalties received and collected by the board shall be deposited with the State Treasurer of the Commonwealth of Kentucky, who shall place the money to the credit of the revolving fund of the board.
(9) Any civil penalty received and collected by the board may be recovered in an action brought thereon in the name of the Commonwealth of Kentucky in the Circuit Court.
(10) Whenever the board has reason to believe that any person is in violation or is about to violate any provision of this chapter, it may seek a restraining order, temporary or permanent injunction, or other civil remedy against such person in the Circuit Court.
(11) In order to obtain a temporary or permanent restraining order, or other equitable remedy, it shall not be necessary to allege or prove that an adequate remedy at law does not exist, nor shall it be necessary to allege or prove that irreparable injury, loss, or damage will result if the injunctive relief is denied. Further, it shall not be necessary to allege or prove that criminal action has been first instituted.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 144, sec. 5, effective June 21, 2001. — Amended
1992 Ky. Acts ch. 128, sec. 14, effective July 14, 1992. — Amended 1986 Ky. Acts
ch. 346, sec. 12, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 408, sec. 14, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 168, sec. 14, effective June
17, 1978. — Created 1966 Ky. Acts ch. 20, sec. 20.
(2) Any person who willfully makes any false representation to the board in applying for a license under this chapter shall be fined not more than five hundred dollars ($500).
Terms Used In Kentucky Statutes 314.991
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Board: means Kentucky Board of Nursing. See Kentucky Statutes 314.011
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(3) For any violation of this chapter where the board has the power to deny, revoke, probate, limit, or suspend a license, the board may, in lieu thereof or in addition to other remedies, impose a civil penalty against the violator of not more than ten thousand dollars ($10,000).
(4) Any person who knowingly violates KRS § 314.031(1) or KRS § 314.035(1) shall, for the first occurrence, be imprisoned for not more than twelve (12) months or fined not more than five hundred dollars ($500), or both.
(5) Any person who knowingly violates KRS § 314.031(1) or KRS § 314.035(1) on a second or subsequent occasion shall be imprisoned for not more than five (5) years or fined not more than ten thousand dollars ($10,000), or both.
(6) Any unlicensed person who knowingly poses as someone else who does hold a license under this chapter shall be guilty of a violation of KRS § 314.031(1), and the penalties set out in subsections (4) and (5) of this section all apply to such conduct.
(7) In addition to the penalties provided in subsections (4) and (5) of this section, the board may impose civil penalties for violations of KRS § 314.031(1) or KRS
314.035(1) in an amount equal to one hundred dollars ($100) for each day during
which a violation occurred or continued.
(8) All civil penalties received and collected by the board shall be deposited with the State Treasurer of the Commonwealth of Kentucky, who shall place the money to the credit of the revolving fund of the board.
(9) Any civil penalty received and collected by the board may be recovered in an action brought thereon in the name of the Commonwealth of Kentucky in the Circuit Court.
(10) Whenever the board has reason to believe that any person is in violation or is about to violate any provision of this chapter, it may seek a restraining order, temporary or permanent injunction, or other civil remedy against such person in the Circuit Court.
(11) In order to obtain a temporary or permanent restraining order, or other equitable remedy, it shall not be necessary to allege or prove that an adequate remedy at law does not exist, nor shall it be necessary to allege or prove that irreparable injury, loss, or damage will result if the injunctive relief is denied. Further, it shall not be necessary to allege or prove that criminal action has been first instituted.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 144, sec. 5, effective June 21, 2001. — Amended
1992 Ky. Acts ch. 128, sec. 14, effective July 14, 1992. — Amended 1986 Ky. Acts
ch. 346, sec. 12, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 408, sec. 14, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 168, sec. 14, effective June
17, 1978. — Created 1966 Ky. Acts ch. 20, sec. 20.