Kentucky Statutes 319C.070 – Probation, suspension, limitation, restriction, revocation, or nonissuance of license by board — Reasons for
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The board may deny an application or reregistration for a license, place a licensee on probation for a period not to exceed five (5) years, suspend a license for a period not to exceed five (5) years, limit or restrict a license for an indefinite period, or revoke any license issued by the board, upon proof that the licensee has:
(1) Knowingly made or presented, or caused to be made or presented, any false, fraudulent, or forged statement, writing, certificate, diploma, or other thing, in connection with an application for a license or permit;
(2) Practiced, or aided or abetted in the practice of, fraud, forgery, deception, collusion, or conspiracy in connection with an examination for a license;
(3) Entered a guilty or nolo contendere plea, or been convicted, of a crime as defined in KRS § 335B.010, if in accordance with KRS Chapter 335B;
(4) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient, or a felony offense under KRS Chapter 510, or KRS § 530.064(1)(a) or
531.310, or been found by the board to have had sexual contact as defined in KRS § 510.010(7) with a patient while the patient was under the care of the licensee;
(5) Become addicted to a controlled substance; (6) Become a chronic or persistent alcoholic;
(7) Been unable or is unable to practice applied behavior analysis according to acceptable and prevailing standards of care by reason of mental or physical illness or other condition, including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of applied behavior analysis;
(8) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof; or
(9) Knowingly made, or caused to be made, or aided or abetted in the making of, a false statement in any document executed in connection with the practice of his profession.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 67, effective June 29, 2017. — Created 2010 Ky. Acts ch. 150, sec. 7, effective July 15, 2010.
(1) Knowingly made or presented, or caused to be made or presented, any false, fraudulent, or forged statement, writing, certificate, diploma, or other thing, in connection with an application for a license or permit;
Terms Used In Kentucky Statutes 319C.070
- Applied behavior analysis: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See Kentucky Statutes 319C.010
- Board: means the Kentucky Applied Behavior Analysis Licensing Board. See Kentucky Statutes 319C.010
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Practice of applied behavior analysis: means the application of the principles, methods, and procedures of the experimental analysis of behavior and applied behavior analysis, including but not limited to applications of those principles, methods, and procedures to:
(a) Design, implement, evaluate, and modify treatment programs to change the behavior of individuals diagnosed with an autism spectrum disorder. See Kentucky Statutes 319C.010 - Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) Practiced, or aided or abetted in the practice of, fraud, forgery, deception, collusion, or conspiracy in connection with an examination for a license;
(3) Entered a guilty or nolo contendere plea, or been convicted, of a crime as defined in KRS § 335B.010, if in accordance with KRS Chapter 335B;
(4) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient, or a felony offense under KRS Chapter 510, or KRS § 530.064(1)(a) or
531.310, or been found by the board to have had sexual contact as defined in KRS § 510.010(7) with a patient while the patient was under the care of the licensee;
(5) Become addicted to a controlled substance; (6) Become a chronic or persistent alcoholic;
(7) Been unable or is unable to practice applied behavior analysis according to acceptable and prevailing standards of care by reason of mental or physical illness or other condition, including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of applied behavior analysis;
(8) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof; or
(9) Knowingly made, or caused to be made, or aided or abetted in the making of, a false statement in any document executed in connection with the practice of his profession.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 67, effective June 29, 2017. — Created 2010 Ky. Acts ch. 150, sec. 7, effective July 15, 2010.