{"data":{"id":"us-ky/krs-327.070","jurisdiction":"us-ky","citation":"KRS 327.070","heading":"Disciplinary actions.","body":"(1) The board, after due notice and an opportunity for an administrative hearing\nconducted in accordance with KRS Chapter 13B, may take one (1) or a combination\nof the following actions against any licensee, licensee of another member state as\ndefined in KRS 327.300, or applicant:\n(a) Refuse to license any applicant;\n(b) Refuse to renew the license of any person;\n(c) Permanently revoke, suspend, or place on probation the license of any person;\n(d) Impose restrictions on the scope of practice of any person;\n(e) Issue an administrative reprimand to any person; and\n(f) Issue a private admonishment to any person.\n(2) The following acts by a licensee, licensee of another member state as defined in\nKRS 327.300, or applicant may be considered cause for disciplinary action:\n(a) Indulgence in excessive use of alcoholic beverages or abusive use of\ncontrolled substances;\n(b) Engaging in, permitting, or attempting to engage in or permit the performance\nof substandard patient care by himself or herself or by persons working u nder\nhis or her supervision due to a deliberate or negligent act or failure to act,\nregardless of whether actual injury to the patient is established;\n(c) 1. Having engaged in or attempted to engage in sexual contact as defined\nin KRS 510.010, whether consensual or nonconsensual, with any active\npatient of record, or with the parent or legal guardian of an active patient\nof record, unless a consensual sexual re lationship exists between, and\npredated, the patient and therapist relationship; or\n2. Requesting sexual favors or physical contact of a sexual nature unless a\nprior consensual sexual relationship exists with any active patient of\nrecord of the physical therapist or physical therapist assistant;\n(d) Having sexual contact, as defined in KRS 510.010, without the consent of\nboth parties, with any individual;\n(e) Sexually harassing any individual;\n(f) Conviction of a felony or misdemeanor in the courts of the C ommonwealth or\nany other state, territory, or country which impedes a person's ability to\npractice competently and safely on the public, if in accordance with KRS\nChapter 335B. As used in this paragraph, \"conviction\" includes a deferred\nconviction, deferred prosecution, deferred sentence, finding or verdict of guilt,\nan Alford plea, an admission of guilt, or a plea of nolo contendere;\n(g) Obtaining or attempting to obtain a license by fraud or material\nmisrepresentation or making any other false statement to the board;\n(h) Engaging in fraud or material deception in the delivery of professional\nservices, including reimbursement, or advertising services in a false or\nmisleading manner;\n(i) Evidence of gross negligence or gross incompetence in his or her practi ce of\nphysical therapy;\n(j) Documentation of being declared mentally disabled by a court of competent\njurisdiction without having had his or her rights restored;\n(k) Failing or refusing to obey any lawful order or administrative regulation of the\nboard;\n(l) Promoting for personal gain an unnecessary device, treatment, procedure, or\nservice, or directing or requiring a patient to purchase a device, treatment,\nprocedure, or service from a facility or business in which he or she has a\nfinancial interest;\n(m) Being impaired by reason of a mental, physical, or other condition that\nimpedes his or her ability to practice competently;\n(n) Having had a license revoked or suspended, other disciplinary action taken, or\nan application for licensure refused, revoked, or suspended by the proper\nauthorities of another state, territory, or country;\n(o) Interfering with an investigation or disciplinary proceeding by failure to\ncooperate, by willful misrepresentation of facts, or by the use of threats or\nharassment against any  patient or witness to prevent that patient or witness\nfrom providing evidence in a disciplinary proceeding or any legal action;\n(p) Failing to maintain patient confidentiality without documented authorization\nof the patient or authorized decision maker, o r unless otherwise required by\nlaw;\n(q) Engaging, or attempting to engage, in conduct that subverts or undermines the\nintegrity of the licensure examination process;\n(r) Violation of KRS 304.39-215; and\n(s) Conduct that is subject to the penalties under KRS 304.99-060(4) or (5).\n(3) A private admonishment shall not:\n(a) Be subject to disclosure to the public under KRS 61.878(1)(l);\n(b) Constitute disciplinary action, but may be used by the board for statistical\npurposes or in subsequent disciplinary action against the same licensee or\napplicant; or\n(c) Be admissible in any proceeding under KRS Chapter 13B, except as provided\nin paragraph (b) of this subsection.\n(4) (a) The board shall develop specific guidelines through the promulgation of\nadministrative reg ulations in accordance with KRS Chapter 13A to follow\nupon receipt of an allegation of sexual misconduct by a physical therapist or\nphysical therapist assistant licensed by the board or granted a compact\nprivilege under KRS 327.300.\n(b) The guidelines shal l include investigation, inquiry, and hearing procedures\nwhich ensure that the process does not revictimize the alleged victim or cause\nharm if a physical therapist or physical therapist assistant is falsely accused.\n(5) The board, staff, and investigators may receive periodic education on pertinent\nissues, including but not limited to topics affecting the practice of physical therapy\nand public protection.\n(6) (a) The board may, by administrative regulation promulgated in  accordance with\nKRS Chapter 13A, establish which disciplinary action records may be\nexpunged.\n(b) Any records that are expunged shall be exempt from disclosure under the\nKentucky Open Records Act, KRS 61.870 to 61.884.\n(c) The board shall not report expunged disciplinary actions for any purpose other\nthan statistical.","path":["KRS Chapter 327"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57431","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:21Z","sha256":"186507bf951e73160b88e2dba0659700e7307a53e45f0e5d0fc186f88e02760f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-327.065","next":"us-ky/krs-327.072"},"notice":"GroundRules: Original legal text. Not legal advice."}