{"data":{"id":"us-ky/krs-313.090","jurisdiction":"us-ky","citation":"KRS 313.090","heading":"Law Enforcement Committee jurisdiction when complaint filed against","body":"dentist, dental hygienist, dental assistant, or other registered person --\nProcedure for resolving complaint -- Appeals.\n(1) In accordance with the provisions of KRS Chapter 13B,  all discipline for which the\nboard is authorized to conduct investigations, hold hearings, and impose\npunishments is delegated to the executive director, board attorney, and hearing\npanel as provided in this section.\n(2) Any person may make a complaint to  the executive director that a dentist, dental\nhygienist, dental assistant, or other person licensed or registered by the board has\nviolated a provision of this chapter, an administrative regulation promulgated by the\nboard in accordance with KRS Chapter 1 3A, a practice standard, or an order of the\nboard.\n(3) Each complaint shall:\n(a) Be in writing;\n(b) Identify specifically the person or organization against whom the complaint is\nmade;\n(c) Set forth the facts relating to the violation alleged and any other  supporting\ninformation which may have a bearing on the matter;\n(d) Contain the name, address, telephone number, facsimile number, and email\naddress, if available, of the complainant; and\n(e) Be signed by the complainant as the truth of the statements cont ained in the\ncomplaint by the complainant.\n(4) A complaint which is unsigned shall not be acted upon by the executive director\nunless the complaint involves a violation of standards set forth by the Centers for\nDisease Control or alleged mental or physical  impairment as provided for in KRS\n313.130. A complaint which is not signed in the manner specified in subsection (3)\nof this section shall be returned to the complainant for completion.\n(5) The executive director of the board may, on behalf of the board, based on\nknowledge available to the Office of the Board, make a complaint against any\nperson or organization regulated by the board in the same manner as provided in\nsubsection (3) of this section.\n(6) Upon receipt of a properly completed complaint, the executive director shall assign\nthe complaint to a staff investigator who shall investigate the complaint and shall\nmake findings of fact and recommendations to the executive director who shall then\nconvene a meeting of the Law Enforcement Committee.\n(7) The staff investigator shall notify the person or organization against whom the\ncomplaint has been filed and shall notify the employer of the dentist, dental\nhygienist, or dental assistant of the complaint.\n(8) The notification shall name the person or organization complained against, the\ncomplainant, the violations alleged, and the facts presented in the complaint and\nshall notify the person or organization complained against and the employer of:\n(a) The f act that the complaint shall be answered, the steps for answering the\ncomplaint, and the action to be taken if the complaint is not answered;\n(b) The timeframe and steps in the proceedings of a complaint;\n(c) The rights of the parties, including the right to counsel; and\n(d) The right to testify at any hearing.\n(9) Upon the failure of a licensee or certificate holder to respond to a written accusation\nor to request a hearing within twenty (20) days after the sending of the accusation,\nthe accused shall be c onsidered to have admitted the truth of the facts and the\ncircumstances in the allegation and appropriate discipline may be imposed.\n(10) After reviewing the complaint and results of any investigation conducted on behalf\nof the board, the Law Enforcement C ommittee shall consider whether the\naccusation is sufficient to remand the matter for a hearing as provided in this\nsection and KRS Chapter 13B. A majority vote of the members of the Law\nEnforcement Committee shall be necessary for action to remand the mat ter for\nhearing, offer a settlement, or dismiss the complaint without a hearing.\n(11) If the Law Enforcement Committee dismisses the complaint, all parties notified\npreviously shall be notified of the action. If the Law Enforcement Committee\nremands the matter for a hearing, all parties notified previously shall be notified of\nthe action.\n(12) Each proceeding to consider the imposition of a penalty which the board is\nauthorized to impose pursuant to this chapter shall be conducted in accordance with\nKRS Chapter 13B.\n(13) A hearing panel for purposes of making a decision in any disciplinary matter shall\nconsist of a quorum of the remaining seven (7) voting members of the board who\nare not on the Law Enforcement Committee and the hearing officer.\n(14) The boar d may issue subpoenas to compel the attendance of witnesses and the\nproduction of documents in the conduct of an investigation. The subpoenas may be\nenforced by any Circuit Court for contempt. Any order or subpoena of the court\nrequiring the attendance and  testimony of witnesses and the production of\ndocumentary evidence may be enforced and shall be valid anywhere in this state.\n(15) At all hearings the board attorney or, on request of the board, the Attorney General\nof this state or one (1) of the assistant attorneys general designated, shall appear and\nrepresent the board.\n(16) The dentist, dental hygienist, or dental assistant who is the defendant in a hearing\nshall be a party to the action and may appear and testify in the matter at any\ndeposition or hearing on the matter and may propose conclusions of law, findings of\nfact, and penalties to the hearing panel.\n(17) To make a finding or impose discipline, a majority of the members of the hearing\npanel who are not the hearing officer shall agree on the finding or discipline.\n(18) The final order in any disciplinary proceeding shall be prepared by the hearing\nofficer and sent to all parties in the manner prescribed by law.\n(19) Any person or entity aggrieved by a final order of the board may appeal the final\norder to the Circuit Court of the county in which the person or entity resides in\naccordance with KRS Chapter 13B.\n(20) Upon final disposition of a complaint which results in disciplinary action, the final\norder shall be published on the website of the boa rd, placed in the record of the\nlicensed or registered individual, and reported to the National Practitioner Database.","path":["KRS Chapter 313"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56885","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:09Z","sha256":"35b336962223db44d6692ce9b570efe5924fce8000d8966087051b775c1c192d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-313.085","next":"us-ky/krs-313.100"},"notice":"GroundRules: Original legal text. Not legal advice."}