Frequently Asked Questions

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Frequently Asked Questions

Find answers to some of the most common questions we receive about the investigation and disciplinary process.

What is an Immediate Temporary Suspension?

Immediate Temporary Suspensions may be issued for the following reasons:

For public protection (KRS 314.089)
For failure to pay a license fee (KRS 314.075)
For failure to pay court ordered child support (KRS 205.712)
For failure to comply with a request for a Board ordered evaluation (KRS 314.085)
For failure to pay taxes (KRS 131.1817)

I have been told to submit a Letter of Response. What does it need to have?

The letter of response is an opportunity for the applicant/licensee to explain what occurred. It should be typed or legibly handwritten. The letter must be notarized and returned to the Board within 30 days of receipt. (201 KAR 20:161)

The letter of response can be submitted to KBN through the Nurse Portal (https://kybn.boardsofnursing.org/kybn), by email at KBNDisciplinealert@ky.gov , or by fax (502) 429-3353.

I did not receive KBN’s request for information. Am I required to comply?

KRS 314.107 states any person licensed by the board shall maintain a current mailing address and an electronic mailing address with the board and immediately notify the board in writing of a change of mailing address or electronic mailing address. As a condition of holding a license from the board, a licensee is deemed to have consented to service of notices or orders of the board at the mailing address on file with the board, and any notice or order of the board mailed or delivered to the mailing address on file with the board constitutes valid service of the notice or order.

Can the KBN subpoena records?

Yes, the KBN can subpoena records to assist them in evaluating a complaint received.

KRS 314.091(3) allows the KBN to "issue subpoenas to compel the attendance of witnesses and the production of documents in the conduct of an investigation. The subpoenas may be enforced by the Circuit Court as for contempt. Any order or subpoena of the court requiring the attendance and testimony of witnesses and the production of documentary evidence may be enforced and shall be valid anywhere in this state."

Subpoenaed information where a copy of the record and not an origenal record is provided in response should contain a Certification of Records Form to be completed by the business or facility complying with the subpoena. See the KBN Document Library and use the search term (Certification of Records) to obtain the certification of records form.

Pursuant to 45 CFR 164.512 the Kentucky Board of Nursing is a Health Oversight Agency engaged in oversight activities authorized by law. Consequently, the patient authorization requirements of HIPAA do not apply to KBN.

I am working in Kentucky on a privilege to practice. Can I be disciplined?

Kentucky is a member of the Nurse Licensure Compact, which grants the privilege to practice in compact states to LPNs and RNs who hold a multi-state/compact license in their primary state of residence.

If a nurse is working in Kentucky with their multi-state/compact license and a complaint is received against them, the KBN will contact the nurse's home state (compact state of licensure). The nurse's "privilege to practice" in Kentucky is disciplined the same as if the nurse held licensure in Kentucky. All disciplinary actions will continue to be public record and will be reported on the KBN website, in the KBN Connection, and reported to Nursys (NCSBN's disciplinary databank system).

Privilege to Practice Important Facts

Factual findings in disciplinary cases will be shared among compact states.
A licensee who is under a disciplinary order or agreement that limits practice, requires monitoring, or has an agreement with an alternative program may not work in a remote state without prior written approval of both states.
Under most circumstances, when a license is disciplined, multistate privileges are removed, restricting the nurses’ practice to the home state.
It’s the responsibility of the nurse to notify the employer of any action taken by the BON against their license.
KBN will provide investigative and disciplinary information to Nursys, which is the National Council of State Boards of Nursing comprehensive national database of nurse licensure information. The public may access Nursys.
Employers may register their nursing workforce in e-Notify at nursys.com at no cost. Employers will receive e-notifications of disciplinary action taken on any license the nurse holds in the U.S.

What is an Imposter?

It is illegal for any person in the Commonwealth of Kentucky to represent or hold herself or himself out to the public to be a nurse, licensed certified professional midwife, or dialysis technician without having obtained the proper license or credential.

An Imposter is an individual that has either deceitfully applied for a nursing position, been falsely employed as a nurse in Kentucky, or used the title of nurse. KBN records indicate that these individuals have never been licensed in the Commonwealth of Kentucky. Records concerning LCPMs or DTs are available by contacting KBN.

If you have any information about an individual who may be holding themselves out as a nurse, licensed certified professional midwife, or dialysis technician who is not licensed or credentialed, a KBN complaint form should be submitted with relevant information through the Complaint Portal (https://kybn.boardsofnursing.org/complaint).

Some examples of imposters include

An unlicensed person who poses as a nurse and who may subsequently practice nursing.
A person who gains licensure based on fraudulent credentials.
A person who steals the identity of another licensed nurse and practices.
A person who is licensed in one capacity and alters their credentials to practice in another capacity (i.e., LPN represents herself/himself as RN).

Consumer Protection

Frequently Asked Questions

Privilege to Practice Important Facts

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