335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.

428 words·~2 min read·/ky/chapter-335/335-540

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The board may refuse to issue a credential, or may suspend, revoke, impose

probationary conditions upon, impose an administrative fine, or issue a written

reprimand or admonishment if the credential holder has:

(a)Committed a dishonest or corrupt act, if in accordance with KRS Chapter

335B. If the act is a crime, conviction in a criminal proceeding shall not be

a condition precedent to disciplinary action. Upon conviction of the crime,

the judgment and sentence are presumptive evidence at the ensuing

disciplinary hearing of the guilt of the credential holder or applicant.

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 or reinstating a

credential;

(c)Committed any unfair, false, misleading, or deceptive act or practice;

(d)Been incompetent or negligent in the activities he has undertaken within

his or her practice;

(e)Violated any state statute or administrative regulation promulgated

pursuant to KRS 335.500 to 335.599;

(f)Failed to comply with an order issued by the board or an assurance of

voluntary compliance;

(g)Violated the code of ethics; or

(h)Violated any applicable provisions of federal or state law, if in accordance

with KRS Chapter 335B.

(2)Any person whose credential has been revoked for at least five

(5)or more

years may petition the board for reinstatement. The board shall investigate the

petition and may reinstate the credential upon a finding that the individual has

complied with the terms prescribed by the board and is able to competently

engage in professional practice.

(3)The board may issue a written admonishment to the credential holder if the

board determines based on the evidence, that a violation that is not serious

has occurred. A copy of the written admonishment shall be placed in the

permanent file of the credential holder. The credential holder may respond in

writing to the admonishment within thirty

(30)days of its receipt and may have

it placed in his permanent credential file. Alternatively, the credential holder

may file a request for a hearing with the board within thirty

(30)days of the

admonishment. Upon receipt of this request, the board shall set aside the

written admonishment and set the matter for hearing pursuant to the provisions

of KRS Chapter 13B.

(4)At any time during the investigative or hearing processes, the board may enter

into an agreed order or accept an assurance of voluntary compliance with the

credential holder.

(5)The board may consider, modify, or reverse its probation, suspensions, or

other disciplinary action.