Kentucky Statutes 319A.190 – Unprofessional conduct — Denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license
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(1) The board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions where the licensee or applicant for licensure has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include:
(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
(b) Unprofessional conduct as defined by administrative regulations promulgated by the board, or violating the code of ethics promulgated by the board;
(c) Being convicted of a felony in any court if the act or acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of a licensed occupational therapist or licensed occupational therapy assistant, if in accordance with KRS Chapter 335B;
(d) Violating any lawful order or administrative regulation rendered or promulgated by the board;
(e) Violating any provision of this chapter; (f) Violating KRS § 304.39-215; or
(g) Engaging in conduct that is subject to the penalties under KRS § 304.99-060(4)
or (5).
(2) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board in a decision made after an administrative hearing conducted in accordance with KRS Chapter 13B and administrative regulations promulgated by the board. The board shall have discretion to accept or reject an application for reinstatement following an administrative hearing conducted in accordance with KRS Chapter 13B.
(3) The surrender of a license shall not serve to deprive the board of jurisdiction to proceed with disciplinary actions under this chapter.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 16, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 65, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 14, sec. 13, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 318, sec. 279, effective July 15, 1996. — Created 1986 Ky. Acts ch. 78, sec. 19, effective July 15,
1986.
(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
Terms Used In Kentucky Statutes 319A.190
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Occupational therapist: means a person licensed to practice occupational therapy
under this chapter. See Kentucky Statutes 319A.010 - Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under this chapter, who works under the supervision of an occupational therapist. See Kentucky Statutes 319A.010
(b) Unprofessional conduct as defined by administrative regulations promulgated by the board, or violating the code of ethics promulgated by the board;
(c) Being convicted of a felony in any court if the act or acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of a licensed occupational therapist or licensed occupational therapy assistant, if in accordance with KRS Chapter 335B;
(d) Violating any lawful order or administrative regulation rendered or promulgated by the board;
(e) Violating any provision of this chapter; (f) Violating KRS § 304.39-215; or
(g) Engaging in conduct that is subject to the penalties under KRS § 304.99-060(4)
or (5).
(2) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board in a decision made after an administrative hearing conducted in accordance with KRS Chapter 13B and administrative regulations promulgated by the board. The board shall have discretion to accept or reject an application for reinstatement following an administrative hearing conducted in accordance with KRS Chapter 13B.
(3) The surrender of a license shall not serve to deprive the board of jurisdiction to proceed with disciplinary actions under this chapter.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 16, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 65, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 14, sec. 13, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 318, sec. 279, effective July 15, 1996. — Created 1986 Ky. Acts ch. 78, sec. 19, effective July 15,
1986.