Kentucky Statutes 309.339 – Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, probation, or fine — Hearing
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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 five hundred dollars ($500) 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 any act for which the licensee or applicant for license was convicted is determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator, 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 KRS § 309.325 to KRS § 309.339 or administrative regulation promulgated by the board;
(e) Evidence of gross negligence or gross incompetence in the practice of diabetes education; and
(f) Violating the standards of practice or the code of ethics as promulgated by administrative regulations.
(2) All administrative hearings for the disciplinary action against a license or certificate holder shall be conducted in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 44, effective June 29, 2017. — Created 2011 Ky. Acts ch. 87, sec. 8, effective June 8, 2011.
(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 309.339
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- 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 any act for which the licensee or applicant for license was convicted is determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator, 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 KRS § 309.325 to KRS § 309.339 or administrative regulation promulgated by the board;
(e) Evidence of gross negligence or gross incompetence in the practice of diabetes education; and
(f) Violating the standards of practice or the code of ethics as promulgated by administrative regulations.
(2) All administrative hearings for the disciplinary action against a license or certificate holder shall be conducted in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 44, effective June 29, 2017. — Created 2011 Ky. Acts ch. 87, sec. 8, effective June 8, 2011.