KRS 313.100: Sanctions for violation of statute, administrative regulation, or practice

standard -- Administrative hearing -- Criminal charges -- Expungement of

record.

(1) If it is determined that an entity regulated by the board, a dentist, dental hygienist,

dental specialist, or dental assistant has violated a statute, administrative regulation,

or practice standard relating to serving as an entity regulated by the board, a dentist,

dental hygienist, dental specialist, or dental assistant, the Office of the Boar d may

impose any of the sanctions provided in subsection (2) of this section. Any party to

the complaint shall have the right to propose findings of fact and conclusions of

law, and to recommend sanctions.

(2) The Office of the Board shall require an accep table plan of correction and may use

any one (1) or more of the following sanctions when disciplining a dentist, dental

hygienist, dental specialist, or dental assistant or any entity regulated by the board:

(a) Private admonishment;

(b) Public reprimand;

(c) Fines;

(d) Revocation of licensure or registration;

(e) Suspension of licensure or registration until a time certain;

(f) Suspension until a certain act or acts are performed;

(g) Limitation of practice permanently;

(h) Limitation of practice until a time certain;

(i) Limitation of practice until a certain act or acts are performed;

(j) Repassing a portion of the clinical examination;

(k) Probation for a specified time and conditions of probation; or

(l) Costs of the disciplinary action as defined by administrative regulation.

(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.

(4) 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 th e 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.

(5) 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.

(6) The board may maintain an action to enjoin the practice of or the attempt to practice

as a dentist, dental hygienist, or d ental assistant without a license or registration to

do so.

(7) In case of a violation of any injunction granted under this section, the court may use

its inherent powers for adequate relief.

(8) (a) Any licensee or certificate holder who has received a pr ivate admonishment

may request in writing for the board to expunge the private admonishment

from the licensee or certificate holder's permanent record.

(b) The request for expungement may be filed no sooner than three (3) years after

the date on which the licensee or certificate holder has completed disciplinary

sanctions imposed and if the licensee or certificate holder has not been

disciplined for any subsequent violation of the same nature within this period

of time.

(c) No person may have his record expunged under this chapter more than once.

(9) If it is found the person who is licensed or registered by the board has been

convicted of, pled guilty to, or entered an Alford plea to a Class A, B, or C felony

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

the license or registration shall be revoked.

(10) A licensee subject to any disciplinary proceeding under this chapter shall be

afforded an administrative hearing conducted in accordance with KRS Chapter 13B

and may appeal any final order of the board to the Franklin Circuit Court.