2014 Kentucky Revised Statutes CHAPTER 309 - MISCELLANEOUS OCCUPATIONS AND PROFESSIONS 309.362 Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation -- Issuance and renewal of inactive licenses -- Fee.
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309.362 Grounds for refusal to issue or renew a license, suspension or
revocation of a license, administrative reprimand, or probation -Issuance and renewal of inactive licenses -- Fee.
(1)
(2)
(3)
(4)
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 the act or acts for which the
licensee or applicant for license was convicted are determined by the
board to have a direct bearing on whether the person is trustworthy to
serve the public as a licensed massage therapist. "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 this chapter or administrative regulations
promulgated thereunder;
(e) Having sexual contact as defined by KRS 510.010(7) with a client or
having engaged or attempted to engage in lewd or immoral conduct with
any client or patient;
(f) Engaging in fraud or material deception in the delivery of professional
services, including reimbursement or advertising services, in a false or
misleading manner;
(g) Evidence of gross negligence or gross incompetence in the practice of
massage therapy; or
(h) Violating the standards of practice or the code of ethics as promulgated
by administrative regulations.
Any licensed massage therapist who does not desire to meet the qualifications
for active license renewal shall, upon application and payment of an inactive
renewal fee, be issued an inactive license. The license shall not entitle the
license holder to use the term "licensed massage therapist," nor to engage in
the practice of massage therapy. The inactive renewal fee shall not exceed fifty
dollars ($50) annually.
To regain active status, the licensee shall upon application show completion of
one (1) hour of continuing professional education for each month the license
has been in an inactive state not to exceed five (5) years. Waivers or
extensions of continuing education may be approved at the discretion of the
board. Beyond five (5) years, the licensee shall meet the requirements in KRS
309.358.
The board may, at its discretion, deny, refuse to renew, suspend or revoke a
license, or impose probationary conditions following an administrative hearing
pursuant to KRS Chapter 13B and in accordance with administrative
(5)
regulations promulgated by the board.
The surrender of a license shall not deprive the board of jurisdiction to proceed
with disciplinary actions under KRS 309.350 to 309.364.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 29, sec. 9, effective July 12, 2006. -- Created
2003 Ky. Acts ch. 45, sec. 13, effective June 24, 2003; and ch. 70, sec. 13,
effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45,
sec. 13, and 2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have
been codified together.
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