Kentucky Statutes 309.086 – Revocation, suspension, probation, or restriction of license, certificate, or registration — Hearings — Appeals
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(1) The board may revoke, suspend, place on probation, or restrict the license, certificate, or registration of a licensee, certificate holder, or registrant; refuse to issue or renew a license, certificate, or registration; and reprimand, admonish, or fine a licensee, certificate holder, or registrant for the following:
(a) Fraud or deceit in obtaining licensure, certification, or registration;
(b) Transferring the authority granted by the license, certificate, or registration to another person;
(c) Using unfair, false, misleading, or deceptive trade practices;
(d) Willfully or deliberately disregarding professional standards of practice or violating the code of ethics;
(e) Aiding and abetting a person who obtains a license, certificate, or registration fraudulently;
(f) Conspiring or combining with others to obtain a license, certificate, or registration to be used by an unlicensed, uncertified, or unregistered person with the intent to evade the provisions of KRS § 309.080 to KRS § 309.089 and administrative regulations promulgated pursuant to those sections;
(g) Negligence or incompetence in complying with the applicable code of ethics and standards of practice or failure to comply with continuing education requirements;
(h) Violating KRS § 309.080 to KRS § 309.089 and administrative regulations promulgated pursuant to those sections; or
(i) Being convicted of any crime as defined in KRS § 335B.010 in which an element of the crime is dishonesty or fraud, within the past three (3) years, if in accordance with KRS Chapter 335B.
(2) The board shall, upon the request of a licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, or registered alcohol and drug peer support specialist, or an applicant for licensure, certification, or registration, hold a hearing pursuant to KRS Chapter 13B before denying an application; refusing to renew a license, certificate, or registration; suspending a license, certificate, or registration; or imposing a fine. The affected party may appeal the board’s decision in the Circuit Court where the licensee, certificate holder, or registrant resides. The action of the board shall remain in effect pending any appeals unless the board rescinds or modifies its order.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 41, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 29, sec. 13, effective June 24, 2015. — Created
1996 Ky. Acts ch. 96, sec. 8, effective July 15, 1996.
(a) Fraud or deceit in obtaining licensure, certification, or registration;
Terms Used In Kentucky Statutes 309.086
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) Transferring the authority granted by the license, certificate, or registration to another person;
(c) Using unfair, false, misleading, or deceptive trade practices;
(d) Willfully or deliberately disregarding professional standards of practice or violating the code of ethics;
(e) Aiding and abetting a person who obtains a license, certificate, or registration fraudulently;
(f) Conspiring or combining with others to obtain a license, certificate, or registration to be used by an unlicensed, uncertified, or unregistered person with the intent to evade the provisions of KRS § 309.080 to KRS § 309.089 and administrative regulations promulgated pursuant to those sections;
(g) Negligence or incompetence in complying with the applicable code of ethics and standards of practice or failure to comply with continuing education requirements;
(h) Violating KRS § 309.080 to KRS § 309.089 and administrative regulations promulgated pursuant to those sections; or
(i) Being convicted of any crime as defined in KRS § 335B.010 in which an element of the crime is dishonesty or fraud, within the past three (3) years, if in accordance with KRS Chapter 335B.
(2) The board shall, upon the request of a licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, or registered alcohol and drug peer support specialist, or an applicant for licensure, certification, or registration, hold a hearing pursuant to KRS Chapter 13B before denying an application; refusing to renew a license, certificate, or registration; suspending a license, certificate, or registration; or imposing a fine. The affected party may appeal the board’s decision in the Circuit Court where the licensee, certificate holder, or registrant resides. The action of the board shall remain in effect pending any appeals unless the board rescinds or modifies its order.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 41, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 29, sec. 13, effective June 24, 2015. — Created
1996 Ky. Acts ch. 96, sec. 8, effective July 15, 1996.