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319.082 Disciplinary actions against license and certificate holders.
(1)
The board may suspend, revoke, or refuse to issue or renew a license; may
accept an assurance of voluntary compliance; restrict, or place a credential
holder on probation; or issue an administrative reprimand or private
admonishment upon proof that the credential holder has:
(a) Committed any act involving moral turpitude, dishonesty, or corruption,
relating to the practice of psychology, whether the act constitutes a crime
or not. If the act constitutes a crime, conviction in a criminal proceeding is
not a condition precedent to disciplinary action. Upon conviction of such a
crime, the judgment and sentence is presumptive evidence at the ensuing
disciplinary hearing of the guilt of the licensee or applicant of the crime
described in the indictment or information and of the person's violation of
the statute on which it is based. For the purpose of this subsection,
conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction and all proceedings in which the
sentence has been deferred or suspended;
(b) Misrepresented or concealed a material fact in obtaining a license, or in
reinstatement thereof;
(c) Committed any unfair, false, misleading, or deceptive act or practice;
(d) Been incompetent or negligent in the practice of psychology;
(e) Practiced psychology while under the suspension, revocation, or
restriction of the individual's license to practice by competent authority in
any state, federal, or foreign jurisdiction;
(f) Violated any state statute or administrative regulation governing the
practice of psychology;
(g) Unlawfully failed to cooperate with the board by:
1.
Not furnishing any papers or documents requested by the board;
2.
Not furnishing in writing a complete explanation covering the matter
contained in the complaint filed with the board;
3.
Not appearing before the board at the time and place designated; or
4.
Not properly responding to subpoenas issued by the board;
(h) Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(i) Aided or abetted an unlicensed person to practice when a license or
certificate is required;
(j) Grossly overcharged for professional services;
(k) Practiced beyond the scope demonstrated by an appropriate combination
of knowledge, skill, experience, training, and education;
(l) Failed to provide adequate supervision for certified psychologists,
licensed psychological associates, applicants for licensure, or other staff;
(m) Been convicted of any misdemeanor or felony relating to the practice of
psychology. For the purposes of this subsection, conviction includes all
instances in which a plea of guilty or nolo contendere is the basis for
conviction and all proceedings in which the sentence has been deferred
(2)
(3)
(4)
(5)
or suspended;
(n) Physically abused or had sexual contact with a patient, client, student, or
supervisee;
(o) Been convicted of a misdemeanor offense under KRS Chapter 510
involving a client, patient, or student, or a felony offense under KRS
Chapter 510, 530.064(1)(a), or 531.310, or been found by the board to
have had sexual contact as defined in KRS 510.010 with a client, patient,
student, or supervisee;
(p) Improperly divulged confidential information;
(q) Exercised undue influence in such a manner as to exploit the client,
patient, student, or supervisee for financial or other personal advantage to
the practitioner or a third party;
(r) Showed an inability to practice psychology with reasonable skill and
safety to patients or clients by reason of illness, misuse of drugs,
narcotics, alcohol, chemicals, or any other substance, or as a result of
any mental or physical condition; or
(s) Failed to comply with the requirements of the board for continuing
education.
Private admonishment shall not be subject to disclosure to the public under
KRS 61.878(1)(l) and shall not constitute disciplinary action, but may be used
by the board for statistical purposes or in subsequent disciplinary action
against the credential holder or applicant.
No unlawful act or violation of any provision of this chapter by any credential
holder employed or supervised by a licensed psychologist shall be cause for
the revocation of the supervisor's license, unless the board finds that the
licensed psychologist had knowledge of it.
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 his or her petition and may reinstate his or her license upon finding
that the former licensee has complied with the provisions of this chapter and
administrative regulations promulgated by the board and is again able to
engage in the practice of psychology with reasonable skill, competency, and
safety to the public.
The board may, at its own discretion, reconsider, modify, or reverse its
probations, suspensions, revocations, restrictions, or refusals to issue or renew
licenses at any time.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 61, effective July 12, 2006. -Amended 2005 Ky. Acts ch. 45, sec. 8, effective June 20, 2005; and ch. 93,
sec. 5, effective March 16, 2005. -- Amended 2001 Ky. Acts ch. 80, sec. 12,
effective June 21, 2001. -- Amended 1994 Ky. Acts ch. 265, sec. 9, effective
July 15, 1994; and ch. 470, sec. 9, effective July 15, 1994. Amended 1992 Ky.
Acts ch. 104, sec. 8, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 291,
sec. 8, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 128, sec. 13,
effective July 15, 1986.
Legislative Research Commission Note (6/20/2005). Although KRS 319.082 was
included in 2005 Ky. Acts ch. 45, sec. 8, and ch. 93, sec. 5, as having been
amended, the amendment relettering paragraphs of this section in those acts
became unnecessary when the Office of the Kentucky Attorney General
requested that other changes be made to the rearrangement of the paragraphs
of KRS 61.878, which was also amended in 2005 Ky. Acts chs. 45 and 93. The
Statute Reviser made these changes under the authority of KRS 7.136.
Legislative Research Commission Note (7/15/94). This statute was amended by
1994 Ky. Acts chs. 265 and 470, which were companion bills and are
substantively identical. These Acts have been codified together. For the few
minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250, as
the Act which passed the General Assembly last.
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