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205.8475 Forfeiture of provider's license.
(1)
(2)
(3)
Any professional, licensed or regulated by any agency of the Commonwealth
of Kentucky, who upon final and unappealable decision by a court of
competent jurisdiction, is convicted or pleads guilty to a violation of any of the
criminal provisions of KRS 205.8451 to 205.8483, shall, in addition to any other
penalty provided by law, forfeit the license to practice his or her profession for a
mandatory minimum period of five (5) years. The license to practice a
profession shall be reinstated only after compliance with all conditions for
reinstatement contained in administrative regulations of the applicable
licensure or regulatory board or agency promulgated pursuant to the provisions
of KRS Chapter 13A. For purposes of this subsection, an individual or entity is
considered to have been "convicted" of an offense when:
(a) A judgment of conviction has been entered against the individual or entity
by a federal or state court;
(b) There has been a finding of guilt against the individual or entity by any
court of competent jurisdiction;
(c) A plea of guilty by the individual or entity has been accepted by any court
of competent jurisdiction; or
(d) The individual or entity has entered into participation in a court imposed
first offender, deferred adjudication, diversion, or other arrangement or
program where judgment of conviction has been withheld.
Pending the final and unappealable decision of a court of competent
jurisdiction, as provided under subsection (1) of this section, the provider shall
not be eligible to participate in the Kentucky Medical Assistance Program.
No provider, owner, officer, or stockholder possessing more than forty percent
(40%) of the shares of a provider shall receive payments for medical services
or receive profits or remuneration from any other medical assistance provider
with which the provider, owner, officer, or stockholder may thereafter become
associated until all criminal penalties or civil payments assessed against the
provider, owner, officer, or stockholder under KRS 205.8451 to 205.8483 have
been satisfied.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 96, sec. 13, effective July 15, 1994; and
ch. 316, sec. 13, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was enacted by
identical sections in two bills (1994 Ky. Acts chs. 96 & 316) which have been
codified together.
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