2020 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)
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, 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 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;
(h) Violating the standards of practice or the code of ethics as promulgated by
administrative regulations;
(i) Violating KRS 304.39-215; or
(j) Engaging in conduct that is subject to the penalties under KRS 304.99-060(4)
or (5).
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
(4)
(5)
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 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: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 6, effective June 27, 2019. -- Amended
2017 Ky. Acts ch. 158, sec. 45, effective June 29, 2017. -- 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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