Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
314.089,
314.091,
314.400
- 314.414, 314.991, 335B.020
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.131(1) authorizes the
Board of Nursing to promulgate administrative regulations as may be necessary
to enable it to carry into effect the provisions of KRS Chapter 314.
KRS
314.404(4) requires the
board to promulgate an administrative regulation to establish provisions for
disciplinary actions for licensed certified professional midwives. This
administrative regulation establishes conditions for disciplinary action,
permits a penalty in addition to other disciplinary actions, and provides an
appeals process.
Section 1. The Board
of Nursing may reprimand, deny, limit, revoke, probate, or suspend the license
of an LCPM upon proof that the person:
(1)
Has obtained a license by means of fraud, misrepresentation, or concealment of
material facts, including making a false statement on an application or any
other document required by the board for licensure;
(2) Has engaged in unprofessional
conduct;
(3) Has been convicted of
a felony;
(4) Has been convicted of
a misdemeanor that meets the provisions of
KRS
335B.020;
(5) Has performed an act that exceeds the
scope of practice pursuant to
KRS
314.400 to
314.414
and
201
KAR 20:600 to
201
KAR 20:690;
(6) Has had a license revoked, suspended,
denied, or otherwise disciplined in any other territory or jurisdiction of the
United States;
(7) Is unfit or
incompetent to practice midwifery by reason of negligence or other causes,
including being unable to practice midwifery with reasonable skill or
safety;
(8) Has misused or
appropriated any drugs placed in the custody of the midwife for the use of
others;
(9) Has falsified or in a
negligent manner made incorrect entries or failed to make essential entries on
essential records such as patient records, lab reports, and newborn
records;
(10) Has been listed on
the nurse aide abuse registry with a substantiated finding of abuse, neglect,
or misappropriation of property;
(11) Has violated the confidentiality of
information or knowledge concerning any patient, except as authorized or
required by law such as pursuant to the Health Insurance Portability and
Accountability Act (HIPAA) of 1996,
Pub.L.
No. 104-191, 110 Stat 1936; or
(12) Has violated
201
KAR 20:600 to
201
KAR 20:690 or any lawful order or directive previously
entered by the board.
Section
2. The Board of Nursing shall follow the procedures established in
and have the authority established by
KRS
314.091(2) through (6) and
(8),
201 KAR
20:161, and
201 KAR
20:162 for management and resolution of complaints
filed against an LCPM.
Section 3.
In addition to the provisions of Section 2 of this administrative regulation,
the Board of Nursing may impose, pursuant to
KRS
314.991(3), a civil penalty
of up to $10,000.
Section 4.
Miscellaneous Requirements.
(1) An LCPM shall
maintain a current mailing address with the board and notify the board in
writing of a change of mailing address.
(2)
(a)
Holding a license shall constitute consent by the LCPM to service of notices or
orders of the board. Notices and orders shall be sent to the mailing address on
file with the board.
(b) Any notice
or order of the board mailed or delivered to the mailing address on file with
the board shall constitute valid service of the notice or order.
(3)
(a) An LCPM shall, within ninety (90) days of
entry of the final judgment, notify the board in writing of any misdemeanor or
felony conviction in this or any other jurisdiction.
(b) Upon learning of any failure to notify
the board pursuant to this subsection, the board shall initiate an action for
immediate temporary suspension until the person submits the required
notification.
(4) An
LCPM shall notify the board in writing within thirty (30) days if any
professional or business license that is issued to the person by any agency of
the commonwealth or any other jurisdiction:
(a) Is surrendered or terminated under threat
of disciplinary action;
(b) Is
refused, limited, suspended, or revoked; or
(c) If renewal or continuance is
denied.
(5) If the board
has reasonable cause to believe that an LCPM is unable to practice with
reasonable skill and safety or has abused alcohol or drugs, it shall require
the person to submit to a substance use disorder evaluation or a mental or
physical examination by a practitioner it designates.
(a) Holding a license shall constitute:
1. Consent by the LCPM to a substance use
disorder evaluation, mental examination, or physical examination if directed in
writing by the board. The direction to submit to an evaluation or examination
shall contain the basis for the board's concern that the LCPM is unable to
practice safely and effectively; and
2. Waiver of objections to the admissibility
of the examining practitioner's testimony or examination reports on the grounds
of privileged communication.
(b) The LCPM shall bear the cost of substance
use disorder evaluation, mental examination, or physical examination ordered by
the board.
(c) Upon failure of the
LCPM to submit to a substance use disorder evaluation, mental examination, or
physical examination ordered by the board, unless due to circumstances beyond
the person's control, the board shall initiate an action for immediate
temporary suspension pursuant to
KRS
314.089 or deny an application until the
person submits to the required examination.
(d) If a substance use disorder evaluation,
mental examination, or physical examination pursuant to this subsection results
in a finding that indicates that the LCPM is unable to practice with reasonable
skill and safety or has abused alcohol or drugs, the LCPM shall be subject to
disciplinary procedures as established in this administrative
regulation.
Section
5. Due process procedures, including appeal, pertaining to this
administrative regulation shall be conducted in accordance with KRS Chapter
13B.
STATUTORY AUTHORITY:
KRS
314.131(1),
314.404
