2012 Kentucky Revised Statutes CHAPTER 335 SOCIAL WORKERS AND PROFESSIONAL COUNSELORS 335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.
Download as PDF
335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.
(1)
(2)
(3)
(4)
(5)
The board may refuse to issue a credential, or may suspend, revoke, impose
probationary conditions upon, impose an administrative fine, or issue a written
reprimand or admonishment if the credential holder has:
(a) Committed a dishonest or corrupt act. If the act is a crime, conviction in a
criminal proceeding shall not be 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 credential
holder or applicant. Conviction includes all instances in which a plea of no
contest is the basis of the conviction;
(b) Misrepresented or concealed a material fact in obtaining or reinstating a
credential;
(c) Committed any unfair, false, misleading, or deceptive act or practice;
(d) Been incompetent or negligent in the activities he has undertaken within his or
her practice;
(e) Violated any state statute or administrative regulation promulgated pursuant to
KRS 335.500 to 335.599;
(f) Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(g) Violated the code of ethics; or
(h) Violated any applicable provisions of federal or state law.
Any person whose credential has been revoked for at least five (5) or more years
may petition the board for reinstatement. The board shall investigate the petition
and may reinstate the credential upon a finding that the individual has complied
with the terms prescribed by the board and is able to competently engage in
professional practice.
The board may issue a written admonishment to the credential holder if the board
determines based on the evidence, that a violation that is not serious has occurred. A
copy of the written admonishment shall be placed in the permanent file of the
credential holder. The credential holder may respond in writing to the
admonishment within thirty (30) days of its receipt and may have it placed in his
permanent credential file. Alternatively, the credential holder may file a request for
a hearing with the board within thirty (30) days of the admonishment. Upon receipt
of this request, the board shall set aside the written admonishment and set the matter
for hearing pursuant to the provisions of KRS Chapter 13B.
At any time during the investigative or hearing processes, the board may enter into
an agreed order or accept an assurance of voluntary compliance with the credential
holder.
The board may consider, modify, or reverse its probation, suspensions, or other
disciplinary action.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 79, sec. 8, effective July 15, 2002. -- Created
1996 Ky. Acts ch. 364, sec. 9, effective July 15, 1996.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.