Nursing: a noble profession, and one that comes with multiple responsibilities and privileges. As a nurse in Kentucky, you have a duty towards your patients and a clear set of laws that determine what you can and cannot do within the scope of your work. Although these laws both mandate specific actions and keep you safe, they can also lead to issues if misunderstandings happen that can lead to you losing your license. If you are a new nurse, are thinking of becoming one, or have been a nurse in Kentucky for a while but need to brush up on the laws, read on. Knowing what to expect and what is expected of you is essential to keeping you safe from the most common issues you may face in your profession that can lead to disciplinary action.
The Lento Law Firm Professional License Defense Team has years of experience working with nurses nationwide who are facing disciplinary action. Their support and knowledge can guide you through this complicated legal process and help decrease the likelihood of you facing license revocation and the end of your career. Unlike other professions, losing your nursing license also comes with the placement of your name on a national database, making it easy for future employers to consider refusing your application due to your history. Don't let a lack of knowledge or a mistake lead to losing your license. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686 for more information, or send the team a message through this link for more information.
Kentucky's Nurse Practice Act
The Kentucky General Assembly grants the legal scope and practice of nursing their practice authority. Per the official site, the Nurse Practice Act dictates all actions that involve:
- What qualifications are needed to become a nursing professional
- Determining the type of title that a nursing professional can use
- The scope of practice
- Consequences for nursing professionals who violate nursing law
The Kentucky Board of Nursing has created the Advisory Opinion Statements that serve as guidelines on how nurses in the state safely and effectively provide care services to patients and the general public. According to the Kentucky Nurse Practice Act, every person who wants to apply to become a nurse must meet criteria that include attending a legitimate nursing school, being proficient in the English language, and passing a licensing exam. The AOS is available as an index on the official government site with policies ranging from the role of nurses in wound closure procedures to telehealth and nursing practices.
Depending on what your license is, you must abide by specific rules that allow or prevent you from taking certain actions. However, some rules apply to all nurses, including those that may lead to disciplinary action. For example, under KRS 314.021(2), nurses are responsible for making decisions based on their educational and clinical competency in their profession, requiring them to practice their jobs using reasonable skill and safety. These actions should also be consistent with the Kentucky Nursing Laws,
RN Scope of Practice and Authorized Acts
Registered Nurses (RNs) hold a license or the privilege under the provisions of Kentucky Law to engage in a registered nursing practice. Since your job is to perform acts that require specialized knowledge, Kentucky law holds that your scope of duties includes:
- Providing information, counsel, and education to those who suffer from illness, are injured, or are infirm
- Maintaining the health of people or preventing illness in others
- Properly administering medication or treatment to a patient as prescribed by a physician, a physician assistant, an advanced practice registered nurse (APRN), or a dentist.
- Authorizing registered nurses to perform duties beyond the traditional scope of practice but ensuring that they are approved or limited by the Kentucky Board of Nursing and are consistent with standard nursing standards such as those set by the American Nurses Association or similar nationally accepted organizations.
Nurses may not practice independently, order products, or prescribe treatment to patients within the scope of their practice.
Prohibited Acts and Violations that Lead to Disciplinary Action
Although multiple actions can jeopardize your job and license as a nurse, Kentucky has specific laws that regulate your professional duties. These actions include:
- Calling or representing yourself as a nurse or using the title of nurse to practice or offer to practice as one unless you have the license and privilege to do so under the provisions of Kentucky law
- To operate or offer to operate, represent, or advertise the operation of a nursing school unless that school has been approved under the provisions
- Intentionally Or knowingly employing someone to perform nursing duties if they do not have the proper license
- Knowing that a nurse has violated any of the provisions of KRS 314.091(1)
KRS 314.091 (01) mandates that the state of Kentucky has the right to reprimand, deny, limit, probate, revoke, or suspend the licenses of those who:
- Are guilty of fraud or deceit in procuring or trying to procure nursing licenses, credentials, or privileges
- Were convicted of a felony or misdemeanor that involves drugs, alcohol, fraud, deceit, record falsification, breaches of trust, physical harm, endangering others, and dishonesty
- Were convicted of a misdemeanor or felony involving a patient, or the Board has found them to have had sexual contact with a patient while the patient was under their care.
- Acted negligently or willfully acted in a way that is inconsistent with the nursing practice
- Deliberately or unable to perform their nursing duties with reasonable skill and safety protocols.
- Has a substance abuse issue and abusing controlled substances, prescription medication, illegal substances, and alcohol
- Misused or misappropriated drugs placed in their custody for the use of others
- Made falsified entries, negligently made incorrect entries, or failed to make essential entries and records.
- If their license had been revoked, limited, or suspended, or if they have otherwise been subject to discipline in another jurisdiction, including a failure to pay student loans
- Violated any provisions within KRS 314.091
- Violated any laws or orders given by the Kentucky Board of Nursing
- Violated administrative regulations endorsed by the Board
- Is or has been listed under the adult caregiver misconduct registry or the nurse aide abuse registry with substantial findings of abuse, neglect, misappropriation of property, or the abuse or neglect of a child
- Violated patient confidentiality laws Using or possessing a Schedule I controlled substance
- Has used or been impaired by drugs or alcohol while they are practicing as a nurse
Nurses who have been found to commit actions that fall under these categories risk losing their licenses and suffering from legal repercussions. Even if you have been practicing for a long time and have a clean record, all it takes is one significant mistake to end your career and strip you of your professional duties and privileges. For nurses who rely on their profession to sustain themselves and their families, these repercussions can be devastating and prevent them from flourishing in any future career.
Adjudication and the Repercussions for Nursing Violations
If a nurse refuses to respond to allegations brought against them or does not accept proposed settlements, they must attend a Formal Administrative Hearing, where the Board will determine if the nurse is at fault. Although nurses are not obliged to bring legal counsel to a hearing, it is strongly advised that they do since these hearings are presided over by professionals, and the other side's lawyers may be present.
The Board may dismiss a case against you if there is no evidence. At the same time, they may also order that you temporarily cease to perform your duties while an investigation is underway. The hearing will determine whether the evidence against you holds weight. You might face multiple penalties if they determine that you committed a violation. Besides civil penalties imposed by the Kentucky Board of Nursing (KBN), you may also face:
- Reprimand: The nurse receives a reprimand by the Board. Although a reprimand does not affect the nurse's ability to practice, they do impose a civil penalty of up to $10,000. They may involve the completion of additional continuing education. Nurses may also be subject to a drug screening test.
- Probation and/or Limitations: Depending on the offense, the nurse's practice may be limited or probated. Although the nurse may be permitted to continue their practice, they are subject to restrictions that include determining the area where they are allowed to practice and having little to no access to narcotics and medication. The probation period may also include needing to meet with KBN staff, random drug and alcohol screens, employer reports, and getting treatment for substance abuse.
- Voluntary Surrender: Nurses may agree to surrender their license temporarily, with the possibility of the license being reinstated if specific criteria are met. However, if the nurse signs a permanent voluntary surrender of their license, their license will no longer be eligible for reinstatement.
- Suspension: The Board may suspend a nursing license, and the nurse may lose all rights to practice nursing temporarily. The Board sets the conditions for reinstating your license, including substance abuse, mental health, neuropsychological, or physical evaluation, counseling, random drug and alcohol screens, and letters of recommendation. If the Board considers reinstating your license, you may also need to attend a hearing.
- Reinstation Denial: The KBN may deny the reinstatement of a lapsed or suspended license if imposed conditions are unmet.
- Licensure Denial: The KBN may deny the nurse licensure in the Commonwealth of Kentucky.
- Revocation: The nurse will be denied the ability to practice nursing in the Commonwealth of Kentucky. If the revocation is not permanent, the nurse may reapply for a license after a period specified by the Board's Order. Moreover, the nurse must pass the National Council Licensure Examination (NCLEX) to get their license back.
Appeals
Fortunately, nurses facing disciplinary action have the right to appeal to the Jefferson County Circuit Court. The appeal must be filed within 30 days after they receive the Final Order by mail. However, the appeal goes through the information mentioned during the hearing and relevant legal objections mentioned during the hearing. No new evidence can be presented, and the appeal will not lead to a new hearing.
If the nurse is not satisfied with the answer of the Jefferson Circuit Court, they may seek further appeal through the Kentucky Court of Appeals and the Kentucky Supreme Court.
Contacting the Lento Law Firm Professional License Defense Team
Being a nurse is one of the most demanding yet affirmative and rewarding careers in the medical industry, allowing you to care for others and make a difference. But when violations threaten your license and cause irreversible harm to your reputation and future, you need the help of the Lento Law Firm.
The Lento Law Firm Professional License Defense Team has seen and heard it all when it comes to license issues. With years of experience helping nurses overcome seemingly insurmountable obstacles, the team knows what is at stake and works tirelessly with your best interests at heart.
With their experience, compassion, and knowledge, the Lento Law Firm Professional License Defense Team leaves no stone unturned when it comes to helping you save your license. With the team being your shoulder to rely on, you can worry less about the future and focus on what matters most – flourishing in your career and helping your patients.
You worked hard, did the necessary actions, and spent money to become a professional nurse. Don't let allegations of violations or accusations end your career and negatively affect your reputation. Never try to tackle the issue alone – the other side will have lawyers defending them, and you will be at a significant disadvantage if you decide to take matters into your own hands.
If you or someone you love face allegations of wrongdoing or violations as a nurse in Kentucky, it's not too late to act. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or send the team a message through this portal to learn more.
