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317B.045 Denial, suspension, probation, or revocation of license -- Grounds
-- Administrative fine -- Hearing -- Mediation.
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The board may refuse to issue or renew a license, or may suspend, revoke,
impose probationary conditions upon, impose an administrative fine, issue a
written reprimand or admonishment, or any combination thereof regarding
proof of any applicant's or licensee's:
(a) Conviction of a felony;
(b) Gross malpractice or incompetence;
(c) Mental or physical health that would endanger public health or safety;
(d) False or deceptive practice or misrepresentation including advertising;
(e) Practicing in an unlicensed salon or in a salon knowing that the practice is
not in compliance with this chapter or the administrative regulations of the
board promulgated pursuant to this chapter;
(f) Immoral conduct, unprofessional conduct, or a violation of the code of
ethics;
(g) Teaching in an unlicensed school or in a school knowing that the school
is not in compliance with this chapter or the administrative regulations of
the board promulgated pursuant to KRS 317B.010 to 317B.060; or
(h) Failure to comply with this chapter or the administrative regulations
promulgated by the board.
Payments in lieu of suspension collected by the board shall be deposited in the
State Treasury and credited to the trust and agency account of the board.
The board may require retesting of any licensee upon proper showing of gross
malpractice or incompetence on the part of the licensee.
Three (3) years from the date of a revocation, any person whose license has
been revoked may petition the board for reinstatement. The board shall
investigate the petition and may reinstate the license upon a finding that the
individual has complied with any terms prescribed by the board, including
retesting, and is again able to competently engage in the practice of esthetics.
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
licensee which effectively deals with the complaint.
The board may utilize mediation as a technique in reasonably handling
disciplinary matters. The board may appoint any member or members of the
board, any staff member, or any other person or combination thereof to serve
in the mediation process.
The board may reconsider, modify, or reverse its probation, suspension, or
other disciplinary action.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 152, sec. 23, effective July 12, 2012. -Created 2003 Ky. Acts ch. 137, sec. 8, effective June 24, 2003.
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