Kentucky Statutes 314A.225 – Denial, suspension, probation, or revocation of certificate — Grounds — Administrative fine — Reprimand or admonishment — Reinstatement of certificate
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(1) The board may refuse to issue a certificate, or may suspend, revoke, impose probationary conditions upon, impose an administrative fine, issue a written reprimand or admonishment, or any combination thereof regarding any certificate holder upon proof that the certificate holder has:
(a) Committed any crime, act of dishonesty, or corruption, if in accordance with KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal proceeding is not 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 certificate holder or applicant. Conviction includes all instances in which a plea of no contest is the basis of conviction;
(b) Misrepresented or concealed a material fact in obtaining, renewing or reinstating a certificate;
(c) Committed any unfair, false, misleading, or deceptive act or practice; (d) Been incompetent or negligent in the practice of respiratory care;
(e) Violated any state statute or administrative regulation governing the practice of respiratory care or any activities undertaken by a respiratory care practitioner, which shall include violation of KRS § 304.39-215 and conduct that is subject to the penalties under KRS § 304.99-060(4) or (5);
(f) Failed to comply with an order issued by the board or an assurance of voluntary compliance;
(g) Violated the code of ethics as set forth in administrative regulations promulgated by the board; or
(h) Violated any applicable provision of any federal or state law, if in accordance with KRS Chapter 335B.
(2) One (1) year from the date of revocation, any person whose certificate has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the certificate upon a finding that the individual has complied with any terms prescribed by that board and is again able to competently engage in the practice of respiratory care.
(3) The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary actions.
(4) The surrender of a certificate shall not serve to deprive the board of jurisdiction to proceed with disciplinary action under this chapter.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 13, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 59, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 237, sec. 4, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 295, sec. 7, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 270, effective July
15, 1996. — Created 1990 Ky. Acts ch. 201, sec. 11, effective July 13, 1990.
(a) Committed any crime, act of dishonesty, or corruption, if in accordance with KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal proceeding is not 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 certificate holder or applicant. Conviction includes all instances in which a plea of no contest is the basis of conviction;
Terms Used In Kentucky Statutes 314A.225
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Board: means the Kentucky Board of Respiratory Care. See Kentucky Statutes 314A.010
- 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.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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.
- 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.
- Practice of respiratory care: means the procedures employed in the therapy, management, rehabilitation, gathering of assessment information, or other procedures administered to patients with deficiencies or abnormalities which affect their cardiopulmonary system and associated aspects of cardiopulmonary and other system functions. See Kentucky Statutes 314A.010
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- respiratory care practitioner: includes the following:
(a) A "registered respiratory therapist" means an individual who has successfully completed a training program accredited by the American Medical Association's Commission on Accreditation of Allied Health Education or its equivalent in collaboration with the Committee on Accreditation for Respiratory Care or its equivalent, and who has successfully completed the registry examination for advanced respiratory therapists administered by the National Board for Respiratory Care, Incorporated or its equivalent. See Kentucky Statutes 314A.010 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Misrepresented or concealed a material fact in obtaining, renewing or reinstating a certificate;
(c) Committed any unfair, false, misleading, or deceptive act or practice; (d) Been incompetent or negligent in the practice of respiratory care;
(e) Violated any state statute or administrative regulation governing the practice of respiratory care or any activities undertaken by a respiratory care practitioner, which shall include violation of KRS § 304.39-215 and conduct that is subject to the penalties under KRS § 304.99-060(4) or (5);
(f) Failed to comply with an order issued by the board or an assurance of voluntary compliance;
(g) Violated the code of ethics as set forth in administrative regulations promulgated by the board; or
(h) Violated any applicable provision of any federal or state law, if in accordance with KRS Chapter 335B.
(2) One (1) year from the date of revocation, any person whose certificate has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the certificate upon a finding that the individual has complied with any terms prescribed by that board and is again able to competently engage in the practice of respiratory care.
(3) The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary actions.
(4) The surrender of a certificate shall not serve to deprive the board of jurisdiction to proceed with disciplinary action under this chapter.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 13, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 59, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 237, sec. 4, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 295, sec. 7, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 270, effective July
15, 1996. — Created 1990 Ky. Acts ch. 201, sec. 11, effective July 13, 1990.