319.082 Disciplinary actions against license and credential holders.
814 words·~4 min read·
/ky/chapter-319/319-082A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board may suspend, revoke, or refuse to issue or renew a license; may accept an
assurance of voluntary compliance; restrict, or place a credential holder on
probation; or issue an administrative reprimand or private admonishment upon
proof that the credential holder has:
(a)Committed any act involving moral turpitude, dishonesty, or corruption,
relating to the practice of psychology, whether the act constitutes a crime or
not, 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 such a crime, the judgment and
sentence is presumptive evidence at the ensuing disciplinary hearing of the
guilt of the licensee or applicant of the crime described in the indictment or
information and of the person's violation of the statute on which it is based.
For the purpose of this subsection, conviction includes all instances in which a
plea of guilty or nolo contendere is the basis for the conviction and all
proceedings in which the sentence has been deferred or suspended;
(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 psychology;
(e)Practiced psychology while under the suspension, revocation, or restriction of
the individual's license to practice by competent authority in any state, federal,
or foreign jurisdiction;
(f)Violated any state statute or administrative regulation governing the practice
of psychology, 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);
(g)Unlawfully failed to cooperate with the board by:
1. Not furnishing any papers or documents requested by the board;
2. Not furnishing in writing a complete explanation covering the matter
contained in the complaint filed with the board;
3. Not appearing before the board at the time and place designated; or
4. Not properly responding to subpoenas issued by the board;
(h)Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(i)Aided or abetted an unlicensed person to practice when a license or certificate
is required;
(j)Grossly overcharged for professional services;
(k)Practiced beyond the scope demonstrated by an appropriate combination of
knowledge, skill, experience, training, and education;
(l)Failed to provide adequate supervision for certified psychologists, licensed
psychological associates, applicants for licensure, or other staff;
(m)Been convicted of any misdemeanor or felony relating to the practice of
psychology, if in accordance with KRS Chapter 335B. For the purposes of this
subsection, conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for conviction and all proceedings in which the
sentence has been deferred or suspended;
(n)Physically abused or had sexual contact with a patient, client, student, or
supervisee;
(o)Been convicted of a misdemeanor offense under KRS Chapter 510 involving a
client, patient, or student, or a felony offense under KRS Chapter 510,
530.064(1)(a), or 531.310, or been found by the board to have had sexual
contact as defined in KRS 510.010 with a client, patient, student, or
supervisee;
(p)Improperly divulged confidential information;
(q)Exercised undue influence in such a manner as to exploit the client, patient,
student, or supervisee for financial or other personal advantage to the
practitioner or a third party;
(r)Showed an inability to practice psychology with reasonable skill and safety to
patients or clients by reason of illness, misuse of drugs, narcotics, alcohol,
chemicals, or any other substance, or as a result of any mental or physical
condition; or
(s)Failed to comply with the requirements of the board for continuing education.
(2)Private admonishment shall not be subject to disclosure to the public under KRS
61.878(1)(l) and shall not constitute disciplinary action, but may be used by the
board for statistical purposes or in subsequent disciplinary action against the
credential holder or applicant.
(3)No unlawful act or violation of any provision of this chapter by any credential
holder employed or supervised by a licensed psychologist shall be cause for the
revocation of the supervisor's license, unless the board finds that the licensed
psychologist had knowledge of it.
(4)Three
(3)years from the date of a revocation, any person whose license has been
revoked may petition the board for reinstatement. The board shall investigate his or
her petition and may reinstate his or her license upon finding that the former
licensee has complied with the provisions of this chapter and administrative
regulations promulgated by the board and is again able to engage in the practice of
psychology with reasonable skill, competency, and safety to the public.
(5)The board may, at its own discretion, reconsider, modify, or reverse its probations,
suspensions, revocations, restrictions, or refusals to issue or renew licenses at any
time.