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311B.180 Civil Penalties.
(1)
(2)
(3)
(4)
The board shall assess civil penalties authorized by KRS 311B.190 against an
individual or licensee who performs diagnostic or therapeutic procedures without a
valid license.
Prior to assessing civil penalties, the board shall confirm the violation of the
requirements by any of the following:
(a) Observing the violation;
(b) Obtaining records, documents, or other physical evidence;
(c) Obtaining statements from either the employer or the employee that confirm
the existence of the violation; or
(d) Obtaining statements from third parties, such as patients or coworkers, that
corroborate the allegation that a violation has occurred.
Civil penalties shall be assessed against individuals who perform diagnostic or
therapeutic procedures without a valid license as follows:
(a) Failure to apply for an initial license by an individual who is fully qualified for
licensure at the time the violation is discovered shall be assessed a civil
penalty plus the license application fee;
(b) Failure to apply for renewal by an individual who would be eligible for
renewal of a license but would not currently qualify due to insufficient
continuing education at the time the violation is discovered shall be assessed a
civil penalty plus the license renewal fee;
(c) Performance of a diagnostic or therapeutic procedure requiring licensure by an
individual who is not qualified for a license at the time the violation is
discovered shall be assessed a civil penalty; and
(d) Civil penalties for repeating the above offenses shall be doubled. Each day the
violation occurs shall count as a separate repeat offense.
Civil penalties, double the amount assessed against the licensee, shall also be
assessed against the employer of the individual without a valid license pursuant to
subsection (3) of this section.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 50, sec. 18, effective July 12, 2012.
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