Disciplinary Actions, Grounds for Discipline, and the Complaint Process
Domain 6 tests the machinery: what conduct can cost a license, how a complaint becomes an order, and what a licensee must do when the Board comes calling.
Grounds for discipline
- Obtaining or renewing a license by fraud or misrepresentation.
- Unprofessional or unethical conduct, gross negligence or incompetence, practicing beyond scope, falsifying records or billing.
- Practicing while impaired by alcohol or drugs; conviction of a felony or a crime involving moral turpitude. Discipline does not depend on the criminal case ending in conviction.
- Aiding unlicensed practice, failing to meet continuing education, or failing to cooperate with a Board investigation.
The complaint process
- Anyone may file a complaint. The Board screens it, may investigate, subpoena records and witnesses, and interview the licensee.
- Minor matters may resolve by agreement or consent order. Contested matters go to an administrative hearing under KRS Chapter 13B before a hearing officer, with the Board issuing findings and a final order.
- Sanctions include reprimand, fine, probation with conditions, additional education, suspension, revocation, and restitution. Emergency suspension is available where public safety requires it.
- Appeal of a final order goes to Franklin Circuit Court, then the appellate courts.
Worked example
A therapist documents visits the patient never attended. Reasoning: this is falsification and a disciplinary matter whether or not payment occurred and whether or not harm resulted. The standard of proof at the hearing is a preponderance of the evidence, not beyond a reasonable doubt.
Traps
- Assuming an acquittal or dismissed charge ends the Board's interest.
- Ignoring a Board letter - noncooperation is itself a violation.
- Believing the Board can award damages; it acts on the license.