314A.225 Denial, suspension, probation, or revocation of certificate -- Grounds --
359 words·~2 min read·
/ky/314a-225A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Administrative fine -- Reprimand or admonishment -- Reinstatement of
certificate.
(1)The board may refuse to issue a certificate, or may suspend, revoke, impose
probationary conditions upon, impose an administrative fine, issue a written
reprimand or admonishment, or any combination thereof regarding any certificate
holder upon proof that the certificate holder has:
(a)Committed any crime, act of dishonesty, or corruption, if in accordance with
KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action. Upon
conviction of the crime, the judgment and sentence are presumptive evidence
at the ensuing disciplinary hearing of the guilt of the certificate holder or
applicant. Conviction includes all instances in which a plea of no contest is
the basis of conviction;
(b)Misrepresented or concealed a material fact in obtaining, renewing or
reinstating a certificate;
(c)Committed any unfair, false, misleading, or deceptive act or practice;
(d)Been incompetent or negligent in the practice of respiratory care;
(e)Violated any state statute or administrative regulation governing the practice
of respiratory care or any activities undertaken by a respiratory care
practitioner, which shall include violation of KRS 304.39-215 and conduct
that is subject to the penalties under KRS 304.99-060(4) or (5);
(f)Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(g)Violated the code of ethics as set forth in administrative regulations
promulgated by the board; or
(h)Violated any applicable provision of any federal or state law, if in accordance
with KRS Chapter 335B.
(2)One
(1)year from the date of revocation, any person whose certificate has been
revoked may petition the board for reinstatement. The board shall investigate the
petition and may reinstate the certificate upon a finding that the individual has
complied with any terms prescribed by that board and is again able to competently
engage in the practice of respiratory care.
(3)The board may reconsider, modify, or reverse its probation, suspensions, or other
disciplinary actions.
(4)The surrender of a certificate shall not serve to deprive the board of jurisdiction to
proceed with disciplinary action under this chapter.