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

registration -- Criminal prosecution.

(1) A person or entity shall not 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 li censure or

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

(a) While 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) While licensed or registered by the board, act in a manner inconsis tent with

the moral or ethical standards 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 r egulated 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 lice nse 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 o n 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 add ress, 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) 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 e ach 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 cri minal conviction for violation of the

provisions of this chapter or the administrative regulations promulgated by the

board in accordance with KRS Chapter 13A 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 by the board in accordance with KRS

Chapter 13A.

(6) The institution or imposition of disciplinary action by the Office of t he 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 f or

violation of the provisions of this chapter or the administrative regulations

promulgated by the board in accordance with KRS Chapter 13A.