KRS § 313.080 — KY Code / Title XXVI / Chapter 313 / Section 313.080
313.080 Grounds for discipline or for revocation or suspension of license or registration -- Criminal prosecution
Status: in_force

313.080 Grounds for discipline or for revocation or suspension of license or

registration -- Criminal prosecution.

(1) No person shall:

(a) Call or hold himself out as or use the title dentist, dental specialist, dental

hygienist, or dental assistant unless licensed or registered under the provisions

of this chapter;

(b) Operate, offer to operate, or represent or advertise the operation of a dental

practice of any type unless licensed by or employing individuals licensed by

the board;

(c) Employ a dentist, dental hygienist, or dental assistant unless that person is

licensed or registered under the provisions of this chapter; or

(d) Maintain any license or certificate authorized by this chapter if convicted of,

having entered a guilty plea to, having entered an Alford plea to, or having

completed a diversion program for a Class A, B, or C felony offense on or

after the date of initial licensure or registration.

(2) Persons licensed or registered by the board or who are applicants for licensure or

registration by the board shall be subject to disciplinary action by the board if they:

(a) If licensed or registered by the board:

1. Violate:

a. Any provision of this chapter or any administrative regulation

promulgated by the board; or

b. KRS 304.39-215; or

2. Engage in conduct that is subject to the penalties under KRS 304.99-

060(4) or (5);

(b) Use fraud or deceit in obtaining or attempting to obtain a license or

registration from the board, or are granted a license upon mistake of a material

fact;

(c) If licensed or registered by the board, negligently act in a manner inconsistent

with the practice of the discipline for which the person is licensed or

registered;

(d) Are unable to practice a discipline regulated by the board with reasonable skill

or safety or are unfit or incompetent to practice a discipline regulated by the

board;

(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the

licensee or certified person for administration, or for use of others, or those

drugs prescribed by the licensee;

(f) Falsify or fail to make essential entries on essential records;

(g) Are convicted of a misdemeanor which involved acts which bear directly on

the qualifications or ability of the applicant, licensee, or certified person to

practice the discipline for which the person is an applicant, licensee, or

certified person, if in accordance with KRS Chapter 335B;

(h) Are convicted of a misdemeanor which involved fraud, deceit, breach of trust,

or physical harm or endangerment to self or others, acts which bear directly on

the qualifications or ability of the applicant, licensee, or certificate holder to

practice acts in the license or registration held or sought, if in accordance with

KRS Chapter 335B;

(i) Are convicted of a misdemeanor offense under KRS Chapter 510 involving a

patient;

(j) Have had a license or certificate to practice as a dentist, dental hygienist, or

dental assistant denied, limited, suspended, probated, revoked, or otherwise

disciplined in Kentucky or in another jurisdiction on grounds sufficient to

cause a license to be denied, limited, suspended, probated, revoked, or

otherwise disciplined in this Commonwealth;

(k) Have a license or registration to practice any activity regulated by the board

denied, limited, suspended, probated, revoked, or otherwise disciplined in

another jurisdiction on grounds sufficient to cause a license or registration to

be denied, limited, suspended, probated, revoked, or otherwise disciplined in

this Commonwealth;

(l) Violate any lawful order or directive previously entered by the board;

(m) Have been listed on the National Practitioner Databank with a substantiated

finding of abuse, neglect, or misappropriation of property;

(n) Fail to notify the board in writing of any change in the person's name,

residential address, employment address, preferred mailing address, or

telephone number within thirty (30) days of the change;

(o) Fail to comply with KRS 422.317 regarding patient records; or

(p) Fail to report to the board any negative outcome related to dental treatment

involving intravenous or conscious sedation beyond anxiety control that

requires hospital admission.

(3) A person who violates subsection (1)(a), (b), (c), or (d) of this section shall be guilty

of a Class B misdemeanor for a first offense and a Class A misdemeanor for each

subsequent offense. The board shall consider each individual count of a violation as

a separate and subsequent offense.

(4) The provisions of this section shall not preclude prosecution for the unlawful

practice of dentistry by an agency of the Commonwealth.

(5) 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.

(6) 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.