Board Enforcement, Discipline, and Unprofessional Conduct
Domain 7 tests how the Board investigates, proves, and sanctions misconduct. The Board may also seek injunctive relief against unlicensed practice.
Grounds and process
- Grounds include fraud, misrepresentation, gross negligence, incompetence, unprofessional conduct, violation of KRS 316 or 201 KAR Chapter 2, aiding unlicensed practice, and record failures.
- Complaint, investigation, administrative complaint, hearing under KRS Chapter 13B, findings, and sanction.
- Sanctions include reprimand, probation, suspension, revocation, fines, additional continuing education, and costs.
- Due process requires notice, a hearing, counsel, and appeal rights.
Worked example
A director falsifies a death certificate to speed a cremation. That is unprofessional conduct and a vital-statistics violation; the Board may suspend or revoke and impose a fine.
Traps
- Assuming a criminal acquittal bars discipline; the administrative standard is lower.
- Ignoring a Board subpoena.
- Practicing during a suspension.
- Failing to report a conviction or adverse action.