2021 Kentucky Revised Statutes Chapter 309 - Miscellaneous occupations and professions 309.418 Grounds for refusal to issue or renew, suspend, or revoke a license or otherwise discipline a licensee -- Reinstatement -- Expungement of minor violation -- Administrative regulations.
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309.418 Grounds for refusal to issue or renew, suspend, or revoke a license
or otherwise discipline a licensee -- Reinstatement -- Expungement of
minor violation -- Administrative regulations.
(1)
(2)
(3)
If in accordance with KRS Chapter 335B, the board shall refuse to license, or
shall suspend a license, if the person seeking or holding a license has ever
been convicted of or entered an Alford plea or plea of nolo contendre to a sex
crime as defined in KRS 17.500, a criminal offense against a victim who is a
minor as defined in KRS 17.500, a felony offense under KRS Chapter 209, or
an offense which would classify the person as a violent offender under KRS
439.3401.
The board may refuse to issue or renew a license, or may suspend,
temporarily suspend, revoke, fine, place on probation, reprimand, reasonably
restrict, or take any combination of these actions against any licensee, for the
following reasons:
(a) Unprofessional or unethical conduct;
(b) Mental or physical incapacity that prevents the licensee from engaging or
assisting in the provision of home medical equipment and services with
reasonable skill, competence, and safety to the public;
(c) Being convicted of or entering an Alford plea or plea of nolo contendere
to, irrespective of an order granting probation or suspending imposition of
any sentence imposed following the conviction or entry of such plea, one
(1) or more or the following, if in accordance with KRS Chapter 335B:
1.
A crime as defined in KRS 335B.010; or
2.
A violation of the home medical equipment laws, rules, or
administrative regulations of this state, any other state, or the federal
government;
(d) Knowing or having reason to know that a home medical equipment and
services provider is incapable of engaging or assisting in the practice of
providing home medical equipment and services with reasonable skill,
competence, and safety to the public and failing to report any relevant
information to the board;
(e) Knowingly making or causing to be made any false, fraudulent, or forged
statement or misrepresentation of a material fact in securing issuance or
renewal of a license;
(f) Engaging in fraud in connection with the practice of the provision of home
medical equipment and services;
(g) Engaging in or aiding and abetting an individual to engage or assist in the
provision of home medical equipment and services without a license or
falsely using the title "home medical equipment and services provider,"
"provider," or other term which might imply that the individual is a home
medical equipment and services provider; or
(h) Violation of any order issued by the board to comply with any applicable
law or administrative regulation.
As used in this section, "unprofessional or unethical conduct" includes but is
not limited to the following acts of a home medical equipment and services
(4)
(5)
(6)
(7)
provider:
(a) Engaging in conduct likely to deceive, defraud, or harm the public,
demonstrating a willful or careless disregard for the health, welfare, or
safety of a sick or disabled person, or engaging in conduct which
substantially departs from accepted standards of providing home medical
equipment and services ordinarily exercised by a home medical
equipment and services provider, with or without established proof of
actual injury;
(b) Engaging in grossly negligent professional conduct, with or without
established proof of actual injury;
(c) Obtaining any remuneration by fraud, misrepresentation, or deception;
(d) Providing home medical equipment and services that carry a legend or
require a prescription without a medical order from a licensed health care
practitioner; or
(e) Willfully or knowingly failing to maintain complete and accurate records of
home medical equipment and services provided in compliance with
federal and state laws, rules, or administrative regulations.
Any licensee who is found guilty of or enters an Alford plea or plea of nolo
contendre to a violation prescribed in subsection (1) or (2)(c) of this section
shall, within thirty (30) days, notify the board of that conviction or plea. Failure
to do so shall be grounds for suspension or revocation of the license.
Any person whose license has been revoked in accordance with this section,
other than a person whose license was revoked for being convicted of or
entering an Alford plea or plea of nolo contendre to a sex crime as defined in
KRS 17.500, a criminal offense against a victim who is a minor as defined in
KRS 17.500, a felony offense under KRS Chapter 209, or an offense which
would classify the person as a violent offender under KRS 439.3401, may
petition the board for reinstatement. The petition shall be made in writing and in
a form prescribed by the board. The board shall investigate all reinstatement
petitions, and may reinstate a license upon a showing that the former holder
has been rehabilitated and is again able to engage in the practice of providing
home medical equipment and services with reasonable skill, competency, and
safety to the public. Reinstatement may be on the terms and conditions that the
board, based on competent evidence, reasonably believes necessary to
protect the health and welfare of the citizens of the Commonwealth.
Upon exercising the power of revocation provided for in subsection (2) of this
section, the board may reasonably prohibit any petition for reinstatement for a
period up to and including five (5) years.
(a) A licensee who is disciplined under this section for a minor violation may
request in writing that the board expunge the minor violation from the
licensee's permanent record.
(b) The request for expungement may be filed no sooner than three (3) years
after the date on which the licensee has completed disciplinary sanctions
imposed and if the licensee has not been disciplined for any subsequent
violation of the same nature within this period of time.
(c) A person shall not have his or her record expunged under this section
(d)
more than once.
The board shall promulgate administrative regulations in accordance with
KRS Chapter 13A to establish what are considered minor violations under
this subsection. A violation shall be deemed a minor violation if it does
not:
1.
Demonstrate a serious inability to practice the profession;
2.
Involve the provisions of home medical equipment and services;
3.
Adversely affect the public health, safety, or welfare;
4.
Result in economic or physical harm to a person; or
5.
Create a significant threat of such harm.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 46, effective June 29, 2017. -Created 2016 Ky. Acts ch. 103, sec. 8, effective July 15, 2016.
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