Kentucky Statutes 334A.180 – Licenses, causes for revocation, suspension or denial
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(1) The board may refuse to issue a license, suspend or revoke the license of any licensee, or fine a licensee an amount agreed upon by a two-thirds (2/3) vote of the board in an amount not to exceed one thousand dollars ($1,000), and the board may take action against a license and fine a licensee if he or she has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct may include:
(a) Obtained the license by means of fraud, misrepresentation, or concealment of material facts;
(b) Has been guilty of unprofessional conduct as defined by the rules established by the board, or has violated the code of ethics adopted and published by the board;
(c) Has violated any lawful order, rule, or regulation rendered or adopted by the board;
(d) Has represented that the professional services or advice of a physician has been used, or has used the words “doctor,” “clinic,” or similar words, abbreviations, or symbols while failing to affix the word, term, or initials pertaining to “audiology,” “audiologic,” “audiologist,” “doctor of audiology,” “speech-language pathologist,” “speech-language pathology,” “Au.D.,” “Ph.D.,” or “Sc.D.”;
(e) Has failed to affix the word, term, or initials specified in paragraph (d) of this subsection in any sign, written communication, or advertising media in which the term “doctor” or the abbreviation “Dr.” is used in relation to the audiologist or speech-language pathologist holding a doctoral degree; or
(f) Has violated any provisions of this chapter.
(2) The board shall deny an application for, or suspend or revoke, or impose probationary conditions upon, a license as ordered by the board in any decision made after hearing as provided in this chapter. One (1) year from the date of revocation of a license under this chapter, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement.
(3) A person applying for reinstatement of licensure shall provide evidence of completion of continuing professional education in speech-language pathology or audiology as prescribed by the board.
(4) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this chapter. At the direction of the board, if in accordance with KRS Chapter
335B, the license shall be suspended or revoked, or shall decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under the provisions of the penal code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the acquisition, information or indictment.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 81, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 165, sec. 12, effective July 15, 2008. — Created
1972 Ky. Acts ch. 236, sec. 18.
Legislative Research Commission Note (7/15/2008). Two manifest clerical or typographical errors have been corrected in this statute during codification under the authority of KRS § 7.136(1)(h).
(a) Obtained the license by means of fraud, misrepresentation, or concealment of material facts;
Terms Used In Kentucky Statutes 334A.180
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Audiologist: means one who is licensed to practice audiology. See Kentucky Statutes 334A.020
- Board: means the Kentucky Board of Speech-Language Pathology and Audiology. See Kentucky Statutes 334A.020
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: means any individual, organization, or corporate body, except that only individuals can be licensed under this chapter. See Kentucky Statutes 334A.020
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
- Verdict: The decision of a petit jury or a judge.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Has been guilty of unprofessional conduct as defined by the rules established by the board, or has violated the code of ethics adopted and published by the board;
(c) Has violated any lawful order, rule, or regulation rendered or adopted by the board;
(d) Has represented that the professional services or advice of a physician has been used, or has used the words “doctor,” “clinic,” or similar words, abbreviations, or symbols while failing to affix the word, term, or initials pertaining to “audiology,” “audiologic,” “audiologist,” “doctor of audiology,” “speech-language pathologist,” “speech-language pathology,” “Au.D.,” “Ph.D.,” or “Sc.D.”;
(e) Has failed to affix the word, term, or initials specified in paragraph (d) of this subsection in any sign, written communication, or advertising media in which the term “doctor” or the abbreviation “Dr.” is used in relation to the audiologist or speech-language pathologist holding a doctoral degree; or
(f) Has violated any provisions of this chapter.
(2) The board shall deny an application for, or suspend or revoke, or impose probationary conditions upon, a license as ordered by the board in any decision made after hearing as provided in this chapter. One (1) year from the date of revocation of a license under this chapter, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement.
(3) A person applying for reinstatement of licensure shall provide evidence of completion of continuing professional education in speech-language pathology or audiology as prescribed by the board.
(4) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this chapter. At the direction of the board, if in accordance with KRS Chapter
335B, the license shall be suspended or revoked, or shall decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under the provisions of the penal code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the acquisition, information or indictment.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 81, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 165, sec. 12, effective July 15, 2008. — Created
1972 Ky. Acts ch. 236, sec. 18.
Legislative Research Commission Note (7/15/2008). Two manifest clerical or typographical errors have been corrected in this statute during codification under the authority of KRS § 7.136(1)(h).