Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 20 - Board of Nursing › Section 201 KAR 20:161 - Investigation and disposition of complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 218A.205, 314.011, 314.031,
				314.071(4), 314.091, 314.107, 314.475, 314.991(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314.131(1) authorizes the
				Board of Nursing to promulgate administrative regulations to effect the
				provisions of KRS Chapter 314. This administrative regulation establishes the
				procedures for the investigation and disposition of complaints received by the
				board.
Section 1. Receipt of
			 Complaints.
(1) The board shall receive and
			 process each complaint made against a licensee, holder of a multistate
			 licensure privilege pursuant to
			 KRS
			 314.475, or applicant or unlicensed
			 individual if the complaint alleges acts that may be in violation of the
			 provisions of KRS Chapter 314.
(2)
(a) A complaint shall be in writing and shall
			 be dated and fully identify the individual by name. The complaint may be
			 submitted electronically, by fax, or mail.
(b) The president of the board or the
			 executive director or designee shall file a complaint based upon information
			 received by oral, telephone, or written communications if the facts of the
			 complaint are found to be accurate and indicate acts that may be in violation
			 of the provisions of KRS Chapter 314.
(3) A certified copy of a court record for a
			 misdemeanor or felony conviction or a certified copy of disciplinary action in
			 another jurisdiction shall be considered a valid complaint.
(4) A complaint shall be investigated.
(a) If the complaint establishes a potential
			 violation or the conduct falls within the statutory instances which shall be
			 investigated, the board shall send a copy of the complaint to the licensee,
			 holder of a multistate privilege, or applicant to the address of record by
			 United States Postal Service regular mail. If the board is aware of the
			 person's email address, it may send a copy by email as well.
1. For licensees, the address of record is
			 the last known address in accordance with
			 KRS
			 314.107.
2. For applicants, the address of record is
			 the last known address in accordance with
			 201 KAR
			 20:370, Section 1(10).
3. For holders of a multistate privilege, the
			 address of record is the last known mailing address of record reported by the
			 primary state of residence board of nursing to the NURSYS database.
4. All further mailings to the respondent
			 subsequent to the complaint shall be mailed by U.S. Postal Service regular mail
			 to the address of record, except a notice of hearing pursuant to
			 KRS
			 13B.050 and a final order pursuant to
			 KRS 13B.120, both of
			 which shall be mailed by U.S. Postal Service certified mail to the address of
			 record.
(b) A written,
			 legible, verified response shall be filed with the board within thirty (30)
			 days of receipt by the individual against whom the complaint has been
			 made.
(c) The staff may request an
			 informal conference with the individual against whom the complaint has been
			 made.
(5)
(a) A complaint shall be evaluated to find if
			 a violation of the provisions of KRS Chapter 314 has been alleged.
(b) The credentials review panel or the
			 executive director or designee shall make the determination as to the
			 disposition of the complaint pursuant to Section 2 of this administrative
			 regulation.
(6)
(a) All preliminary information shall be
			 treated as confidential during the investigation and shall not be disclosed to
			 board members or to the public, except as provided by
			 KRS
			 314.475. The board shall make available to
			 the public the fact that an investigation is pending.
(b) If a board member has participated in the
			 investigation or has substantial knowledge of facts prior to a hearing on the
			 complaint that may influence an impartial decision by the member, that member
			 shall not participate in the adjudication of the complaint.
(7)
(a) When the board receives a report of
			 improper, inappropriate, or illegal prescribing or dispensing of a controlled
			 substance by an advanced practice registered nurse (APRN), it shall notify,
			 within three (3) business days:
1. The
			 Department of Kentucky State Police;
2. The Office of the Attorney General;
			 and
3. The Cabinet for Health and
			 Family Services, Office of the Inspector General.
(b) An investigation concerning a complaint
			 filed against an APRN pertaining to the improper, inappropriate, or illegal
			 prescribing or dispensing of controlled substances shall be commenced within
			 seven (7) days of the filing of the complaint.
(c) The investigation shall be completed and
			 a determination as to the disposition of the complaint shall be made within 120
			 days of the receipt of the complaint, unless an extension of time is requested
			 by a law enforcement agency due to an ongoing criminal investigation.