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309.137 Disciplinary action.
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The board may refuse to issue a license or may deny any application, or
suspend, or revoke, impose probationary conditions upon, issue a written
reprimand or admonishment, or perform any combination thereof regarding any
license held or applied for under the provisions of KRS 309.133 if the person:
(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or
renewing or attempting to procure or renew a license to practice art
therapy;
(b) Committed any unfair, false, misleading, or deceptive act or practice;
(c) Has been negligent in the practice of art therapy;
(d) Is adjudicated mentally incompetent;
(e) Is found guilty of a felony or misdemeanor involving sexual misconduct or
a crime where dishonesty is a necessary element. Conviction includes all
instances in which a plea of no contest is the basis of the conviction;
(f) Is found guilty of unprofessional or unethical conduct in this or any other
jurisdiction;
(g) Has been using any controlled substance or alcoholic beverage to an
extent or in a manner dangerous to the person, any other person, or the
public, or to an extent that the use impairs the ability to perform as a
licensed professional art therapist;
(h) Has violated any provision of KRS 309.130 to 309.1399 or administrative
regulations promulgated thereunder;
(i) Failed to comply with an order issued by the board or an assurance of
voluntary compliance; or
(j) Willfully or negligently divulges a professional confidence.
A certified copy of the record of conviction shall be conclusive evidence of the
conviction.
Disciplinary proceedings may be initiated upon the receipt by the board of a
sworn complaint by any person, including members of the board.
Two (2) years from the date of revocation, any person whose license has been
revoked may petition the board for reinstatement. The board shall investigate
the petition and may reinstate the licensee if the board finds that the individual
has complied with any terms prescribed by the board and is able to
competently engage in the practice of art therapy.
If, after an investigation that includes an opportunity for the licensee to
respond, the board determines that a violation took place but was not of a
serious nature, it may issue a written admonishment to the licensee. A copy of
the admonishment shall be placed in the permanent file of the licensee. The
licensee shall have the right to file a response to the admonishment within
thirty (30) days of its receipt and to have the response placed in the permanent
licensure file. The licensee may alternatively, within thirty (30) days of the
receipt, file a request for a hearing with the board. Upon receipt of this request,
the board shall set aside the written admonishment and set the matter for a
hearing under KRS Chapter 13B.
The surrender of a license shall not deprive the board of its jurisdiction to
proceed with disciplinary actions authorized under KRS 309.130 to 309.1399.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 48, sec. 8, effective June 25, 2009. -- Created
1994 Ky. Acts ch. 337, sec. 7, effective July 15, 1994.
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