Kentucky Statutes 309.362 – Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation
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(1) The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed one thousand dollars ($1,000) per violation when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following:
(a) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board;
(b) Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law;
(c) Violating any lawful order or administrative regulation promulgated by the board;
(d) Violating any provision of this chapter or administrative regulations promulgated thereunder;
(e) Having sexual contact as defined by KRS § 510.010(7) with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient;
(f) Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner;
(g) Evidence of gross negligence or gross incompetence in the practice of massage therapy;
(h) Violating the standards of practice or the code of ethics as promulgated by administrative regulations;
(i) Violating KRS § 304.39-215; or
(j) Engaging in conduct that is subject to the penalties under KRS § 304.99-060(4)
or (5).
(2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board.
(3) The surrender of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS § 309.350 to KRS § 309.364.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 29, sec. 8, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 143, sec. 6, effective June 27, 2019. — Amended 2017 Ky. Acts
ch. 158, sec. 45, effective June 29, 2017. — Amended 2006 Ky. Acts ch. 29, sec. 9, effective July 12, 2006. — Created 2003 Ky. Acts ch. 45, sec. 13, effective June 24,
2003; and ch. 70, sec. 13, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 13, and
2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have been codified together.
(a) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board;
Terms Used In Kentucky Statutes 309.362
- 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.
- 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.
- 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.
- 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.
- Verdict: The decision of a petit jury or a judge.
(b) Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law;
(c) Violating any lawful order or administrative regulation promulgated by the board;
(d) Violating any provision of this chapter or administrative regulations promulgated thereunder;
(e) Having sexual contact as defined by KRS § 510.010(7) with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient;
(f) Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner;
(g) Evidence of gross negligence or gross incompetence in the practice of massage therapy;
(h) Violating the standards of practice or the code of ethics as promulgated by administrative regulations;
(i) Violating KRS § 304.39-215; or
(j) Engaging in conduct that is subject to the penalties under KRS § 304.99-060(4)
or (5).
(2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board.
(3) The surrender of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS § 309.350 to KRS § 309.364.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 29, sec. 8, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 143, sec. 6, effective June 27, 2019. — Amended 2017 Ky. Acts
ch. 158, sec. 45, effective June 29, 2017. — Amended 2006 Ky. Acts ch. 29, sec. 9, effective July 12, 2006. — Created 2003 Ky. Acts ch. 45, sec. 13, effective June 24,
2003; and ch. 70, sec. 13, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 13, and
2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have been codified together.