Kentucky Statutes 327.070 – Disciplinary actions
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(1) The board, after due notice and an opportunity for an administrative hearing conducted in accordance with KRS Chapter 13B may take any one (1) or a combination of the following actions against any licensee, certificate holder, or applicant:
(a) Refuse to license or certify any applicant;
(b) Refuse to renew the license or certificate of any person;
(c) Suspend or revoke or place on probation the license or certificate of any person;
(d) Impose restrictions on the scope of practice of any person; (e) Issue an administrative reprimand to any person;
(f) Issue a private admonishment to any person; and
(g) Impose fines for violations of this chapter not to exceed two thousand five hundred dollars ($2,500).
(2) The following acts by a licensee, certificate holder, or applicant may be considered cause for disciplinary action:
(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances;
(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or by persons working under his supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;
(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person:
1. While that person is a patient of a health care facility defined by KRS
216B.015 where the physical therapist or physical therapist’s assistant provides physical therapy services; or
2. While that person is a patient or client of the physical therapist or physical therapist’s assistant;
(d) Having sexual contact, as defined by KRS § 510.010(7), without the consent of both parties, with an employee or coworker of the licensee or certificate holder;
(e) Sexually harassing an employee or coworker of the licensee or certificate holder;
(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his ability to continue to practice competently and safely on the public, if in accordance with KRS Chapter
335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
(g) Obtaining or attempting to obtain a license or certificate by fraud or material misrepresentation or making any other false statement to the board;
(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or advertising services in a false or misleading manner;
(i) Evidence of gross negligence or gross incompetence in his practice of physical therapy;
(j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his rights restored;
(k) Failing or refusing to obey any lawful order or administrative regulation of the board;
(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he has a financial interest;
(m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently;
(n) Violation of KRS § 304.39-215; and
(o) Conduct that is subject to the penalties under KRS § 304.99-060(4) or (5).
(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.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 19, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 77, effective June 29, 2017. — Amended 2005 Ky. Acts ch. 45, sec. 9, effective June 20, 2005; and ch. 93, sec. 6, effective March 16, 2005. –
– Amended 2000 Ky. Acts ch. 313, sec. 7, effective July 14, 2000. — Amended 1996
Ky. Acts ch. 318, sec. 300, effective July 15, 1996. — Amended 1984 Ky. Acts ch.
377, sec. 6, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 141, sec. 88, effective July 1, 1982. — Amended 1980 Ky. Acts ch. 53, sec. 7, effective July 15,
1980. — Amended 1970 Ky. Acts ch. 115, sec. 7. — Created 1958 Ky. Acts ch. 27, sec. 7, effective June 19, 1958.
Legislative Research Commission Note (6/20/2005). Although KRS § 327.070 was included in 2005 Ky. Acts ch. 45, sec. 9, and ch. 93, sec. 6, as having been amended, the amendment relettering paragraphs of this section in those acts became unnecessary when the Office of the Kentucky Attorney General requested that other changes be made to the rearrangement of the paragraphs of KRS § 61.878, which was also amended in 2005 Ky. Acts chs. 45 and 93. The Statute Reviser made these changes under the authority of KRS § 7.136.
(a) Refuse to license or certify any applicant;
Terms Used In Kentucky Statutes 327.070
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Board of Physical Therapy established by KRS §. See Kentucky Statutes 327.010
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- Physical therapist: means a professional person who has met the educational requirements of this chapter and who is licensed to practice physical therapy pursuant to this chapter. See Kentucky Statutes 327.010
- Physical therapy: means the use of selected knowledge and skills in planning, organizing, and directing programs for the care of individuals whose ability to function is impaired or threatened by disease or injury, encompassing preventive measures, screening, tests in aid of diagnosis by a licensed doctor of medicine, osteopathy, dentistry, chiropractic, or podiatry and evaluation and invasive or noninvasive procedures with emphasis on the skeletal system, neuromuscular and cardiopulmonary function, as it relates to physical therapy. See Kentucky Statutes 327.010
- 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.
- 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.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Verdict: The decision of a petit jury or a judge.
(b) Refuse to renew the license or certificate of any person;
(c) Suspend or revoke or place on probation the license or certificate of any person;
(d) Impose restrictions on the scope of practice of any person; (e) Issue an administrative reprimand to any person;
(f) Issue a private admonishment to any person; and
(g) Impose fines for violations of this chapter not to exceed two thousand five hundred dollars ($2,500).
(2) The following acts by a licensee, certificate holder, or applicant may be considered cause for disciplinary action:
(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances;
(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or by persons working under his supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;
(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person:
1. While that person is a patient of a health care facility defined by KRS
216B.015 where the physical therapist or physical therapist’s assistant provides physical therapy services; or
2. While that person is a patient or client of the physical therapist or physical therapist’s assistant;
(d) Having sexual contact, as defined by KRS § 510.010(7), without the consent of both parties, with an employee or coworker of the licensee or certificate holder;
(e) Sexually harassing an employee or coworker of the licensee or certificate holder;
(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his ability to continue to practice competently and safely on the public, if in accordance with KRS Chapter
335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
(g) Obtaining or attempting to obtain a license or certificate by fraud or material misrepresentation or making any other false statement to the board;
(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or advertising services in a false or misleading manner;
(i) Evidence of gross negligence or gross incompetence in his practice of physical therapy;
(j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his rights restored;
(k) Failing or refusing to obey any lawful order or administrative regulation of the board;
(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he has a financial interest;
(m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently;
(n) Violation of KRS § 304.39-215; and
(o) Conduct that is subject to the penalties under KRS § 304.99-060(4) or (5).
(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.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 19, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 77, effective June 29, 2017. — Amended 2005 Ky. Acts ch. 45, sec. 9, effective June 20, 2005; and ch. 93, sec. 6, effective March 16, 2005. –
– Amended 2000 Ky. Acts ch. 313, sec. 7, effective July 14, 2000. — Amended 1996
Ky. Acts ch. 318, sec. 300, effective July 15, 1996. — Amended 1984 Ky. Acts ch.
377, sec. 6, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 141, sec. 88, effective July 1, 1982. — Amended 1980 Ky. Acts ch. 53, sec. 7, effective July 15,
1980. — Amended 1970 Ky. Acts ch. 115, sec. 7. — Created 1958 Ky. Acts ch. 27, sec. 7, effective June 19, 1958.
Legislative Research Commission Note (6/20/2005). Although KRS § 327.070 was included in 2005 Ky. Acts ch. 45, sec. 9, and ch. 93, sec. 6, as having been amended, the amendment relettering paragraphs of this section in those acts became unnecessary when the Office of the Kentucky Attorney General requested that other changes be made to the rearrangement of the paragraphs of KRS § 61.878, which was also amended in 2005 Ky. Acts chs. 45 and 93. The Statute Reviser made these changes under the authority of KRS § 7.136.