KRS 327.070: Disciplinary actions.

(1) The board, after due notice and an opportunity for an administrative hearing

conducted in accordance with KRS Chapter 13B, may take one (1) or a combination

of the following actions against any licensee, licensee of another member state as

defined in KRS 327.300, or applicant:

(a) Refuse to license any applicant;

(b) Refuse to renew the license of any person;

(c) Permanently revoke, suspend, or place on probation the license of any person;

(d) Impose restrictions on the scope of practice of any person;

(e) Issue an administrative reprimand to any person; and

(f) Issue a private admonishment to any person.

(2) The following acts by a licensee, licensee of another member state as defined in

KRS 327.300, or applicant may be considered cause for disciplinary action:

(a) Indulgence in excessive use of alcoholic beverages or abusive use of

controlled substances;

(b) Engaging in, permitting, or attempting to engage in or permit the performance

of substandard patient care by himself or herself or by persons working u nder

his or her supervision due to a deliberate or negligent act or failure to act,

regardless of whether actual injury to the patient is established;

(c) 1. Having engaged in or attempted to engage in sexual contact as defined

in KRS 510.010, whether consensual or nonconsensual, with any active

patient of record, or with the parent or legal guardian of an active patient

of record, unless a consensual sexual re lationship exists between, and

predated, the patient and therapist relationship; or

2. Requesting sexual favors or physical contact of a sexual nature unless a

prior consensual sexual relationship exists with any active patient of

record of the physical therapist or physical therapist assistant;

(d) Having sexual contact, as defined in KRS 510.010, without the consent of

both parties, with any individual;

(e) Sexually harassing any individual;

(f) Conviction of a felony or misdemeanor in the courts of the C ommonwealth or

any other state, territory, or country which impedes a person's ability to

practice competently and safely on the public, if in accordance with KRS

Chapter 335B. As used in this paragraph, "conviction" includes a deferred

conviction, deferred prosecution, deferred sentence, finding or verdict of guilt,

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

(g) Obtaining or attempting to obtain a license by fraud or material

misrepresentation or making any other false statement to the board;

(h) Engaging in fraud or material deception in the delivery of professional

services, including reimbursement, or advertising services in a false or

misleading manner;

(i) Evidence of gross negligence or gross incompetence in his or her practi ce of

physical therapy;

(j) Documentation of being declared mentally disabled by a court of competent

jurisdiction without having had his or her rights restored;

(k) Failing or refusing to obey any lawful order or administrative regulation of the

board;

(l) Promoting for personal gain an unnecessary device, treatment, procedure, or

service, or directing or requiring a patient to purchase a device, treatment,

procedure, or service from a facility or business in which he or she has a

financial interest;

(m) Being impaired by reason of a mental, physical, or other condition that

impedes his or her ability to practice competently;

(n) Having had a license revoked or suspended, other disciplinary action taken, or

an application for licensure refused, revoked, or suspended by the proper

authorities of another state, territory, or country;

(o) Interfering with an investigation or disciplinary proceeding by failure to

cooperate, by willful misrepresentation of facts, or by the use of threats or

harassment against any patient or witness to prevent that patient or witness

from providing evidence in a disciplinary proceeding or any legal action;

(p) Failing to maintain patient confidentiality without documented authorization

of the patient or authorized decision maker, o r unless otherwise required by

law;

(q) Engaging, or attempting to engage, in conduct that subverts or undermines the

integrity of the licensure examination process;

(r) Violation of KRS 304.39-215; and

(s) Conduct that is subject to the penalties under KRS 304.99-060(4) or (5).

(3) A private admonishment shall not:

(a) Be subject to disclosure to the public under KRS 61.878(1)(l);

(b) Constitute disciplinary action, but may be used by the board for statistical

purposes or in subsequent disciplinary action against the same licensee or

applicant; or

(c) Be admissible in any proceeding under KRS Chapter 13B, except as provided

in paragraph (b) of this subsection.

(4) (a) The board shall develop specific guidelines through the promulgation of

administrative reg ulations in accordance with KRS Chapter 13A to follow

upon receipt of an allegation of sexual misconduct by a physical therapist or

physical therapist assistant licensed by the board or granted a compact

privilege under KRS 327.300.

(b) The guidelines shal l include investigation, inquiry, and hearing procedures

which ensure that the process does not revictimize the alleged victim or cause

harm if a physical therapist or physical therapist assistant is falsely accused.

(5) The board, staff, and investigators may receive periodic education on pertinent

issues, including but not limited to topics affecting the practice of physical therapy

and public protection.

(6) (a) The board may, by administrative regulation promulgated in accordance with

KRS Chapter 13A, establish which disciplinary action records may be

expunged.

(b) Any records that are expunged shall be exempt from disclosure under the

Kentucky Open Records Act, KRS 61.870 to 61.884.

(c) The board shall not report expunged disciplinary actions for any purpose other

than statistical.