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309.086
Revocation, suspension, probation, or restriction of license,
certificate, or registration -- Hearings -- Appeals.
(1)
(2)
The board may revoke, suspend, place on probation, or restrict the license,
certificate, or registration of a licensee, certificate holder, or registrant; refuse to
issue or renew a license, certificate, or registration; and reprimand, admonish,
or fine a licensee, certificate holder, or registrant for the following:
(a) Fraud or deceit in obtaining licensure, certification, or registration;
(b) Transferring the authority granted by the license, certificate, or
registration to another person;
(c) Using unfair, false, misleading, or deceptive trade practices;
(d) Willfully or deliberately disregarding professional standards of practice or
violating the code of ethics;
(e) Aiding and abetting a person who obtains a license, certificate, or
registration fraudulently;
(f) Conspiring or combining with others to obtain a license, certificate, or
registration to be used by an unlicensed, uncertified, or unregistered
person with the intent to evade the provisions of KRS 309.080 to 309.089
and administrative regulations promulgated pursuant to those sections;
(g) Negligence or incompetence in complying with the applicable code of
ethics and standards of practice or failure to comply with continuing
education requirements;
(h) Violating KRS 309.080 to 309.089 and administrative regulations
promulgated pursuant to those sections; or
(i) Being convicted of any crime as defined in KRS 335B.010 in which an
element of the crime is dishonesty or fraud, within the past three (3)
years, if in accordance with KRS Chapter 335B.
The board shall, upon the request of a licensed clinical alcohol and drug
counselor, certified alcohol and drug counselor, or registered alcohol and drug
peer support specialist, or an applicant for licensure, certification, or
registration, hold a hearing pursuant to KRS Chapter 13B before denying an
application; refusing to renew a license, certificate, or registration; suspending
a license, certificate, or registration; or imposing a fine. The affected party may
appeal the board's decision in the Circuit Court where the licensee, certificate
holder, or registrant resides. The action of the board shall remain in effect
pending any appeals unless the board rescinds or modifies its order.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 41, effective June 29, 2017. -Amended 2015 Ky. Acts ch. 29, sec. 13, effective June 24, 2015. -- Created
1996 Ky. Acts ch. 96, sec. 8, effective July 15, 1996.
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