311B.180 Civil Penalties.
285 words·~1 min read·
/ky/chapter-311b/311b-180A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board shall assess civil penalties authorized by KRS 311B.190 against an
individual or licensee who performs diagnostic or therapeutic procedures without a
valid license.
(2)Prior to assessing civil penalties, the board shall confirm the violation of the
requirements by any of the following:
(a)Observing the violation;
(b)Obtaining records, documents, or other physical evidence;
(c)Obtaining statements from either the employer or the employee that confirm
the existence of the violation; or
(d)Obtaining statements from third parties, such as patients or coworkers, that
corroborate the allegation that a violation has occurred.
(3)Civil penalties shall be assessed against individuals who perform diagnostic or
therapeutic procedures without a valid license as follows:
(a)Failure to apply for an initial license by an individual who is fully qualified for
licensure at the time the violation is discovered shall be assessed a civil
penalty plus the license application fee;
(b)Failure to apply for renewal by an individual who would be eligible for
renewal of a license but would not currently qualify due to insufficient
continuing education at the time the violation is discovered shall be assessed a
civil penalty plus the license renewal fee;
(c)Performance of a diagnostic or therapeutic procedure requiring licensure by an
individual who is not qualified for a license at the time the violation is
discovered shall be assessed a civil penalty; and
(d)Civil penalties for repeating the above offenses shall be doubled. Each day the
violation occurs shall count as a separate repeat offense.
(4)Civil penalties, double the amount assessed against the licensee, shall also be
assessed against the employer of the individual without a valid license pursuant to
subsection
(3)of this section.