KRS 321.351: Disciplinary action -- Offenses subject to disciplinary action -- Private

admonishment -- Criminal background investigation.

(1) The board may refuse to issue a credential, or may suspend, revoke, impose

probationary or supervisory conditions upon, impose an administrative fine not to

exceed five thousand dollars ($5,000) per violation, issue a written reprimand, issue

a private admonishment, or any combination of actions regarding any credential

holder upon proof that the credential holder has:

(a) Committed any act of dishonesty or corruption, if in accordance with KRS

Chapter 335B. If the act constitutes a crime, conviction in a criminal

proceeding is not a condition precedent to disciplinary action. Upon

conviction of the crime, the judgmen t and sentence are presumptive evidence

at the ensuing disciplinary hearing of the guilt of the credential holder or

applicant. "Conviction," as used in this paragraph, shall include a finding or

verdict of guilt, an admission of guilt, or a plea of nolo contendere;

(b) Misrepresented or concealed a material fact in obtaining a board credential, or

in reinstatement of a board credential;

(c) Committed any unfair, false, misleading, or deceptive act or practice;

(d) Been incompetent or negligent in the pract ice of veterinary medicine, the

practice of veterinary technology, animal euthanasia, allied animal health

professional activities, or any associated professional activities;

(e) Violated any statute or administrative regulation governing the practice of

veterinary medicine, veterinary technology, animal euthanasia, allied animal

health professional activities, or any associated professional activities;

(f) Failed to comply with an order issued by the board or an assurance of

voluntary compliance;

(g) Violated the code of conduct as set forth by the board by administrative

regulation;

(h) Become impaired or incapacitated and unable to perform that person's duties

with reasonable skill and safety; or

(i) Violated any applicable provision of any federal or sta te law or regulation

regarding the dispensing of controlled substances, veterinary drugs, veterinary

prescription drugs, or legend drugs, if in accordance with KRS Chapter 335B.

(2) Five (5) years from the date of a revocation, any person whose board credential has

been revoked may petition the board for reinstatement. The board shall investigate

the petition and may reinstate the board credential upon a finding that the individual

has complied with any terms prescribed by the board and is again able to

competently engage in practice.

(3) When in the judgment of the board, an alleged violation is not of a serious nature,

and the evidence presented to the board after the investigation a nd appropriate

opportunity for the credential holder to respond, provides a clear indication that the

alleged violation did in fact occur, the board may issue a written reprimand to the

credential holder. A copy of the reprimand shall be placed in the perm anent file of

the credential holder. The credential holder shall have the right to file a response to

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

in the permanent licensure file. The credential holder may alternativ ely, within

thirty (30) days of the receipt, file a request for hearing with the board. Upon

receipt of this request the board shall set aside the written reprimand and set the

matter for hearing.

(4) At any time during the investigative or hearing process es, the board may enter into

an agreed order, settlement agreement, or accept an assurance of voluntary

compliance with the credential holder which effectively deals with the complaint or

grievance.

(5) The board may reconsider, modify, or reverse its prob ation, reprimand,

suspensions, or other disciplinary action.

(6) Private admonishment shall not be subject to disclosure to the public under KRS

61.878 and shall not constitute disciplinary action, but may be used by the board for

statistical purposes or i n a subsequent disciplinary action against the credential

holder or applicant.

(7) As a part of any board investigation under this section or KRS 321.235, the board

may require an applicant, credential holder, or any other person engaging in a

veterinary practice or activity regulated by the board under this chapter to submit to

a criminal background investigation conducted in accordance with KRS 321.189.

(8) For the purposes of this section, "credential holder" means a person who:

(a) Holds any license, certificate, permit, registration, or other credential issued or

approved by the board; or

(b) Serves as the veterinarian manager, AAHP manager, registered responsible

party designated on a facility registration or AAHP facility registration, or as

the designated on-site manager for a certified animal control agency.