Kentucky Statutes 319C.110 – Sanctions against licensee or applicant after opportunity for administrative hearing — Causes for disciplinary action — Private admonishment not subject to disclosure
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(1) The board, after due notice and an opportunity for an administrative hearing conducted in accordance with KRS Chapter 13B, may take any one (1) or a combination of the following actions against any applied behavior analyst or applied assistant behavior analyst licensee or applicant:
(a) Refuse to license or certify any applicant;
(b) Refuse to renew the license or certificate of any person;
(c) Suspend or revoke or place on probation the license or certificate of any person;
(d) Impose restrictions on the scope of practice of any person; (e) Issue an administrative reprimand to any person;
(f) Issue a private admonishment to any person; and
(g) Impose fines for violations of this chapter, not to exceed two thousand five hundred dollars ($2,500).
(2) The following acts by a licensee may be considered cause for disciplinary action:
(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances that impairs the licensee’s ability to practice applied behavior analysis;
(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or herself or by persons working under his or her supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;
(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person while that person is a patient or client of the behavior analyst or assistant behavior analyst;
(d) Having sexual contact, as defined by KRS § 510.010(7), without the consent of both parties, with an employee or coworker of the licensee;
(e) Sexually harassing an employee or coworker of the licensee;
(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his or her ability to continue to practice competently and safely on the public. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
(g) Obtaining or attempting to obtain a license by fraud or material misrepresentation or making any other false statement to the board;
(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or in advertising services in a false or misleading manner;
(i) Evidence of gross negligence or gross incompetence in his or her practice of
behavior analysis;
(j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his or her rights restored;
(k) Failing or refusing to obey any lawful order or administrative regulation of the board;
(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he or she has a financial interest; and
(m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently.
(3) A private admonishment shall not be subject to disclosure to the public under KRS
61.878(1)(l). A private admonishment shall not constitute disciplinary action but may be used by the board for statistical purposes or in subsequent disciplinary action against the same licensee or applicant.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 11, effective July 15, 2010.
(a) Refuse to license or certify any applicant;
Terms Used In Kentucky Statutes 319C.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- 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
- 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.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Verdict: The decision of a petit jury or a judge.
(b) Refuse to renew the license or certificate of any person;
(c) Suspend or revoke or place on probation the license or certificate of any person;
(d) Impose restrictions on the scope of practice of any person; (e) Issue an administrative reprimand to any person;
(f) Issue a private admonishment to any person; and
(g) Impose fines for violations of this chapter, not to exceed two thousand five hundred dollars ($2,500).
(2) The following acts by a licensee may be considered cause for disciplinary action:
(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances that impairs the licensee’s ability to practice applied behavior analysis;
(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or herself or by persons working under his or her supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;
(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person while that person is a patient or client of the behavior analyst or assistant behavior analyst;
(d) Having sexual contact, as defined by KRS § 510.010(7), without the consent of both parties, with an employee or coworker of the licensee;
(e) Sexually harassing an employee or coworker of the licensee;
(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his or her ability to continue to practice competently and safely on the public. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;
(g) Obtaining or attempting to obtain a license by fraud or material misrepresentation or making any other false statement to the board;
(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or in advertising services in a false or misleading manner;
(i) Evidence of gross negligence or gross incompetence in his or her practice of
behavior analysis;
(j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his or her rights restored;
(k) Failing or refusing to obey any lawful order or administrative regulation of the board;
(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he or she has a financial interest; and
(m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently.
(3) A private admonishment shall not be subject to disclosure to the public under KRS
61.878(1)(l). A private admonishment shall not constitute disciplinary action but may be used by the board for statistical purposes or in subsequent disciplinary action against the same licensee or applicant.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 11, effective July 15, 2010.