335.150 Grievance procedures -- Denial, revocation, or suspension of
662 words·~3 min read·
/ky/335-150A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
licenses -- Other sanctions -- Reconsideration.
(1)The board may revoke, suspend, or refuse to issue or renew; impose
probationary or supervisory conditions upon; impose an administrative fine;
issue a written reprimand or admonishment; or any combination of actions
regarding any applicant, license, or licensee upon proof that the applicant or
licensee has:
(a)Committed any 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 creates a rebuttable
presumption at the ensuing disciplinary hearing of the guilt of the
applicant or licensee. Conviction includes all instances in which a plea of
no contest is the basis of the conviction;
(b)Misrepresented or concealed a material fact in obtaining a license, or in
reinstatement thereof;
(c)Committed any unfair, false, misleading, or deceptive act or practice;
(d)Been incompetent or negligent in the practice of social work;
(e)Violated any state statute or administrative regulation governing the
practice of social work or any activities undertaken by a social worker;
(f)Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(g)Violated the code of ethical conduct as set forth by the board by
promulgation of an administrative regulation;
(h)Been legally declared mentally incompetent;
(i)Aided or abetted another person in falsely procuring or attempting to
procure a license; or
(j)Aided or abetted an unlicensed person in the practice of social work.
(2)Five
(5)years from the date of a revocation, any person whose license has
been revoked may petition the board for reinstatement. The board shall
investigate the petition and may reinstate the license upon a finding that the
individual has complied with any terms prescribed by the board and is again
able to engage competently in the practice of social work.
(3)If an alleged violation is not of a serious nature and the evidence presented to
the board, after the investigation and appropriate opportunity for the licensee to
respond, provides a clear indication that the alleged violation did in fact occur,
the board may issue a written admonishment to the licensee. A copy of the
admonishment shall be placed in the permanent file of the licensee. The
licensee shall have the right to file a response within thirty
(30)days of its
receipt and to have the response placed in the licensee's permanent file.
Alternatively, the licensee may file a request for a hearing, within thirty
days of the receipt of the written admonishment. Upon receipt of this request,
the board shall set aside the written admonishment and set the matter for
hearing.
(4)At any time during the investigative or hearing processes, the board may enter
into an agreed order with, or accept an assurance of voluntary compliance
from, the licensee that effectively satisfies the complaint.
(5)The board may reconsider, modify, or reverse its decision regarding probation,
suspension, or any other disciplinary action.
(6)Upon proof substantiating that sexual contact occurred between a social
worker licensed by the board and a client while the client was under the care of
or in a professional relationship with the social worker, the social worker's
license may be revoked or suspended with mandatory treatment of the social
worker as prescribed by the board. The board may require the social worker to
pay a specified amount for mental health services for the client which are
needed as a result of the sexual contact.
(7)The board may revoke the license of a social worker if the social worker has
been convicted of a misdemeanor offense under KRS Chapter 510 involving a
client or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310,
or has been found to have had sexual contact as defined in KRS 510.010(7)
with a client while the client was under the care of the social worker.