2014 Kentucky Revised Statutes
CHAPTER 335 - SOCIAL WORKERS AND PROFESSIONAL COUNSELORS
335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.
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<![CDATA[335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.
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The board may refuse to issue a credential, or may suspend, revoke, impose
probationary conditions upon, impose an administrative fine, or issue a written
reprimand or admonishment if the credential holder 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 at the ensuing disciplinary hearing of the guilt of
the credential holder or applicant. Conviction includes all instances in
which a plea of no contest is the basis of the conviction;
(b) Misrepresented or concealed a material fact in obtaining or reinstating a
credential;
(c) Committed any unfair, false, misleading, or deceptive act or practice;
(d) Been incompetent or negligent in the activities he has undertaken within
his or her practice;
(e) Violated any state statute or administrative regulation promulgated
pursuant to KRS 335.500 to 335.599;
(f) Failed to comply with an order issued by the board or an assurance of
voluntary compliance;
(g) Violated the code of ethics; or
(h) Violated any applicable provisions of federal or state law.
Any person whose credential has been revoked for at least five (5) or more
years may petition the board for reinstatement. The board shall investigate the
petition and may reinstate the credential upon a finding that the individual has
complied with the terms prescribed by the board and is able to competently
engage in professional practice.
The board may issue a written admonishment to the credential holder if the
board determines based on the evidence, that a violation that is not serious
has occurred. A copy of the written admonishment shall be placed in the
permanent file of the credential holder. The credential holder may respond in
writing to the admonishment within thirty (30) days of its receipt and may have
it placed in his permanent credential file. Alternatively, the credential holder
may file a request for a hearing with the board within thirty (30) days of the
admonishment. Upon receipt of this request, the board shall set aside the
written admonishment and set the matter for hearing pursuant to the provisions
of KRS Chapter 13B.
At any time during the investigative or hearing processes, the board may enter
into an agreed order or accept an assurance of voluntary compliance with the
credential holder.
The board may consider, modify, or reverse its probation, suspensions, or
other disciplinary action.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 79, sec. 8, effective July 15, 2002. -- Created
1996 Ky. Acts ch. 364, sec. 9, effective July 15, 1996.
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