319.092 Administrative hearing -- Sanctions -- Appeal.
437 words·~2 min read·
/ky/chapter-319/319-092A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In every proceeding for probation, suspension, or revocation of a license, an
administrative hearing shall be conducted in accordance with KRS Chapter 13B.
The board or a hearing officer appointed by the board shall conduct the hearing.
(2)All decisions revoking or suspending a license or placing a credential holder on
probation shall be made by the board.
(3)If, after a hearing, a majority of the board finds that a credential holder has violated
any provision of this chapter, the board may:
(a)Revoke or suspend the license;
(b)Impose a monetary penalty not to exceed two thousand dollars ($2,000) per
violation;
(c)Revoke or suspend the license or impose a monetary penalty, but suspend
enforcement thereof by placing the credential holder on probation, which shall
be revocable if the board finds the conditions of the probation order are not
being followed by the credential holder;
(d)Require the credential holder, as a condition of probation, to submit to care,
counseling, or treatment by a professional designated by the board, or require
the credential holder to be supervised by a licensed psychologist designated by
the board. The expense of this action shall be borne by the credential holder
on probation;
(e)Modify the conditions of the probation, with good cause, and may include
among them any reasonable condition for the purpose of the protection of the
public, or for the purpose of the rehabilitation of the probationer, or both;
(f)Require restitution; and
(g)Assess the costs of the disciplinary proceeding.
(4)If the board substantiates that sexual contact occurred between a credential holder
and a patient while the patient was under the care or in a professional relationship
with the credential holder, the credential holder's license may be revoked or
suspended with mandatory treatment of that individual as prescribed by the board.
The board may require the credential holder to pay a specified amount for mental
health services for the patient which are needed as a result of the sexual contact.
(5)Final orders of the board suspending or revoking a license or placing a credential
holder on probation shall become effective immediately after written notice is
served on the credential holder and the credential holder shall not, after notice of
same, engage or continue to engage in the practice of psychology unless the board's
final order is revoked or modified by the court after judicial review.
(6)The board shall make public its final order in all disciplinary actions.
(7)Any person aggrieved by a final order of the board may appeal to the Franklin
Circuit Court in accordance with KRS Chapter 13B.