320.310 Causes for refusal, limitation, revocation, or suspension of licenses --
671 words·~3 min read·
/ky/320-310A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Restitution or fines -- Branch offices -- Expungement.
(1)The board may refuse to issue, refuse to renew, limit or restrict, revoke, or suspend
a license, may place on probation, or reprimand a licensee, may order restitution,
may impose a fine not to exceed one thousand dollars ($1,000) for each violation of
this chapter or the corresponding administrative regulations, or may impose any
combination of these penalties if it finds that an applicant or a licensee has:
(a)Engaged in any practice of fraud or deceit in obtaining or attempting to obtain
a license;
(b)Been convicted of any felony or has been convicted of a misdemeanor
involving sexual misconduct, if in accordance with KRS Chapter 335B. A
record of the conviction or a certified copy of the record shall be conclusive
evidence of the conviction;
(c)Chronic or persistent inebriety or addiction to a drug habit to an extent that
continued practice is dangerous to patients or to the public safety;
(d)Been granted a license upon a mistake of material fact;
(e)Engaged in incompetence, as determined by the board;
(f)Practiced as an itinerant, peddled from door to door, established a temporary
office, or practiced optometry outside of or away from his or her regular office
or place of practice, except that the board may promulgate administrative
regulations to authorize the practice of optometry outside of the licensee's
regular office for a charitable purpose as defined by the board;
(g)Employed, procured, induced, aided, or abetted any person, not holding a
Kentucky license, to practice optometry or in practicing optometry;
(h)Used the title "doctor" or its abbreviation without further qualifying this title
or abbreviation with the word "optometrist" or suitable words or letters
designating an optometry degree;
(i)Engaged in any conduct likely to deceive or defraud the public;
(j)Violated any order issued by the board;
(k)Had his or her license to practice optometry in any other jurisdiction revoked,
suspended, limited, placed on conditions of probation, or subjected to any
other disciplinary action by that jurisdiction's licensing authority;
(l)Prescribed any therapeutic agent in an amount that the optometrist knows, or
should know, is excessive under accepted and prevailing standards, or which
the optometrist knows, or has reason to know, will be used or is likely to be
used other than for an accepted therapeutic purpose;
(m)Developed a physical or mental disability, or other condition, which renders
the continued practice by the optometrist dangerous to patients or the public;
(n)Violated any statute under this chapter or administrative regulation
promulgated under those statutes;
(o)Violated KRS 304.39-215; or
(p)Engaged in conduct that is subject to the penalties under KRS 304.99-060(4)
or (5).
(2)Nothing in this section shall prevent an optometrist from establishing branch offices
if each office contains minimum equipment as required by administrative regulation
of the board, ensures patient care as necessary, and has a Kentucky licensed
optometrist in charge of the office.
(3)Any licensee, permit holder, or certificate holder who is disciplined under this
chapter for a minor violation may request in writing that the board expunge the
minor violation from the licensee's, permit holder's, or certificate holder's
permanent record.
(a)The request for expungement may be filed no sooner than three
(3)years after
the date on which the licensee, permit holder, or certificate holder has
completed disciplinary sanctions imposed and if the licensee, permit holder, or
certificate holder has not been disciplined for any subsequent violation of the
same nature within this period of time.
(b)No person may have his or her record expunged under this chapter more than
once.
The board shall promulgate administrative regulations under KRS Chapter 13A to
establish violations which are minor violations under this subsection. A violation
shall be deemed a minor violation if it does not demonstrate a serious inability to
practice the profession; adversely affect the public health, safety or welfare; or
result in economic or physical harm to a person, or create a significant threat of such
harm.