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326.090 Causes for revocation or suspension of licenses -- Fines -Reprimand.
(1)
(2)
(3)
The board may refuse to issue a license, or may suspend, revoke, impose
probationary conditions upon, impose an administrative fine upon, or issue a
written reprimand against the holder of a license to practice ophthalmic
dispensing or an apprentice license if the applicant or licensee has:
(a) Committed a dishonest or corrupt act. If the act is a crime, conviction in a
criminal proceeding shall not be a condition precedent to disciplinary
action. Upon conviction of the crime, the judgment and sentence are
presumptive evidence of guilt at the ensuing disciplinary hearing of the
licensee. Conviction includes all instances in which a plea of no contest is
the basis of the conviction;
(b) Committed any unfair, false, misleading, or deceptive act or practice;
(c) Been incompetent or negligent in the practice of ophthalmic dispensing;
(d) Failed to comply with a lawful order of the board;
(e) Aided or abetted another person in falsely procuring or attempting to
procure a license;
(f) Aided or abetted an unlicensed person in activities which violate KRS
326.030 and which are not otherwise exempted from the provisions of this
chapter;
(g) Exhibited chronic or persistent inebriety or addiction to a drug habit, to an
extent that disqualifies the applicant or the licensee from practicing with
safety to the public;
(h) Committed fraud or deception in the application or in the examination for
the license; or
(i) Violated any provisions of this chapter or administrative regulations
promulgated in accordance with this chapter.
The board may impose a fine against any person who:
(a) Operates an optical establishment without the supervision of a
Kentucky-licensed ophthalmic dispenser;
(b) Allows, aids, or abets an unlicensed person to perform activities that
violate KRS 326.030 and are not otherwise exempted from the provisions
of this chapter; or
(c) Allows a Kentucky licensed ophthalmic dispenser to supervise more than
one (1) optical establishment at the same time.
After investigating an alleged violation and offering the licensee the opportunity
to respond to the allegation, the board may issue a written reprimand to the
licensee if the board determines that a violation that is not of a serious nature
has occurred. A copy of the reprimand shall be placed in the permanent file of
the licensee. The licensee may file a written response to the reprimand within
thirty (30) days of receiving the reprimand or may request a hearing with the
board. If the licensee responds to the reprimand, his or her response shall be
placed in the licensee's permanent file. If the licensee requests a hearing, the
board shall set aside the written reprimand, pending the outcome of a hearing
by the board under the provisions of KRS Chapter 13B.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 105, sec. 3, effective June 26, 2007. -Amended 2000 Ky. Acts ch. 65, sec. 4, effective July 14, 2000. -- Created 1954
Ky. Acts ch. 27, sec. 12, effective June 17, 1954.
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