Kentucky Board of Nursing Jurisprudence Examination Study Guide v2015-11 | NCSBN Learning Extension |
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Lesson 3 – Consumer Protection
Consumer Protection Branch of the KBN
As stated throughout this document, the Kentucky Board of Nursing (KBN) protects public
health and welfare by the development and enforcement of state laws governing the safe
practice of nursing.
The Consumer Protection Branch of the KBN has the following functions and responsibilities
associated with the mission of public protection:
Investigates alleged violations of the Kentucky Nursing Laws
Takes disciplinary action against licensees/applicants who fail to meet regulatory
standards
Provides an alternative to disciplinary action for chemically dependent nurses through
the Kentucky Alternative Recovery Effort (KARE) for Nurses Program
Monitors nurses on limitation/probation
KRS 314.091 is the Board’s general discipline statute which provides notice of the types of
misconduct that may result in disciplinary action. When potential violations are identified that
threaten client well-being, the licensee must be reported to the Board (KRS 314.031 (4)).
Reasons for KBN Disciplinary Action
KRS 314.091 (1) gives the Board the “power to reprimand, deny, limit, revoke, probate, or
suspend any license or credential to practice nursing issued by the Board or applied for…, or to
otherwise discipline a licensee, credential holder, privilege holder, or applicant, or to deny
admission to the licensure examination, or to require evidence of evaluation and therapy upon
proof that the person:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license, credential, or
privilege to practice nursing
(b) Has been convicted of any felony, or a misdemeanor involving drugs, alcohol, fraud, deceit,
falsification of records, a breach of trust, physical harm or endangerment to others, or
dishonesty, under the laws of any state or of the United States. The record of conviction or a
copy thereof, certified by the clerk of the court or by the judge, who presided over the
conviction, shall be conclusive evidence
(c) Has been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient,
or a felony offense under KRS Chapter 510, 530.064 (1) (a), or 531.310, or has been found
by the Board to have had sexual contact as defined in KRS 510.010 (7) with a patient while
the patient was under the care of the nurse
(d) Has negligently or willfully acted in a manner inconsistent with the practice of nursing
(e) Is unfit or incompetent to practice nursing by reason of negligence or other causes,
including, but not limited to, being unable to practice nursing with reasonable skill or safety
(f) Abuses use of controlled substances, prescription medications, illegal substances or alcohol