KRS 311.684: Revocation of license -- Written admonishment -- Other disciplinary

proceedings.

(1) The board may:

(a) Revoke a license;

(b) Suspend a license for a period not to exceed five (5) years;

(c) Deny an application for a license;

(d) Decline to renew a license;

(e) Indefinitely restrict or limit a license;

(f) Issue a fine of up to two thousand dollars ($2,000) per violation and/or the

costs of the proceedings;

(g) Place a license on probation for a period not to exceed five (5) years;

(h) Reprimand the acupuncturist; or

(i) Impose any combination of such sanctions, upon proof that the acupuncturist

has:

1. Knowingly made or presented or caused to be made or presented any

false, fraudulent, or forged statement, writing, certificate, diploma, or

other document relating to an application for licensure;

2. Practiced, aided, or abetted in the practice of fraud, forgery, deception,

collusion, or conspiracy relating to an examination for licensure;

3. Entered a guilty or nolo contendere plea, or been convicted, by any court

within or without the Commonwealth of Kentucky, of committing an act

which is or would be a felony under the laws of the Commonwealth of

Kentucky or of the United States;

4. Entered a guilty or nolo contendere plea, or been convicted, by any court

within or without the Commonwealth of Kentucky, of any misdemeanor

offense which has dishonesty as a fundamental and necessary element,

including but not limited to crimes involving theft, e mbezzlement, false

swearing, perjury, fraud, or misrepresentation;

5. Become addicted to, or is an abuser of, alcohol, drugs, or any illegal

substance;

6. Developed a physical or mental disability or other condition that

presents a danger in continuing to practice acupuncture to patients, the

public, or other health-care personnel;

7. Knowingly made, caused to be made, or aided or abetted in the making

of a false statement in any document executed in connection with the

practice of acupuncture;

8. Aided, as sisted, or abetted the unlawful practice of medicine or

acupuncture;

9. Willfully violated a confidential communication;

10. Performed the services of an acupuncturist in an unprofessional,

incompetent, or grossly or chronically negligent manner;

11. Been removed, suspended, expelled, or placed on probation by any

health-care facility or professional society for unprofessional conduct,

incompetence, negligence, or violation of any provision of this section;

12. Violated any applicable provision of a statute or administrative

regulation relating to acupuncture practice;

13. Violated any term of a final order or agreed order issued by the board; or

14. Failed to complete the required number of hours of approved continuing

education.

(2) All disciplinary procee dings against an acupuncturist shall be conducted in

accordance with KRS 311.591, 311.592, 311.593, 311.599, and KRS Chapter 13B

and related administrative regulations promulgated under KRS Chapter 311.

(3) (a) The board may issue a written admonishment to the licensed acupuncturist

when, in the judgment of the board:

1. An alleged violation is not of a serious nature; and

2. The evidence presented to the board after the investigation, including an

appropriate opportunity for the licensed acupuncturist to r espond,

provides a clear indication that the alleged violation did in fact occur.

(b) A copy of the admonishment shall be placed in the permanent file of the

licensed acupuncturist.

(c) The licensed acupuncturist shall have the right to file a response to the

admonishment within thirty (30) days of its receipt and to have the response

placed in the permanent licensure file.

(d) The licensed acupuncturist may alternatively, within thirty (30) days of the

admonishment's receipt, file a request for a hearing with the board.

(e) Upon receipt of a request for a hearing, the board shall set aside the written

admonishment and set the matter for a hearing under the provisions of KRS

Chapter 13B.

(4) At any time during the investigative or hearing processes, the boar d may enter into

an agreed order or accept an assurance of voluntary compliance with the licensed

acupuncturist which effectively deals with the complaint.

(5) The board may, upon the agreement of the aggrieved party, use mediation to handle

disciplinary matters. The board may appoint any member or members of the board,

any staff member, or any other person or combination thereof to serve in the

mediation process.

(6) The board may reconsider, modify, or reverse its disciplinary actions.