2021 Kentucky Revised Statutes Chapter 311 - Physicians, osteopaths, podiatrists, and related medical practitioners 311.909 Disciplinary measures by the board -- Grounds -- Procedures.
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311.909 Disciplinary measures by the board -- Grounds -- Procedures.
(1)
(2)
The board may revoke, suspend, deny, decline to renew, limit, or restrict the
license of an athletic trainer or may impose fines of not less than one hundred
dollars ($100) and not more than five thousand dollars ($5,000) per violation,
including the costs of any proceedings; reprimand; or place an athletic trainer
on probation for no more than five (5) years upon proof that the athletic trainer:
(a) Knowingly made or presented, or caused to be made or presented, any
false, fraudulent, or forged statement, writing, certificate, diploma, or other
document relating to an application for licensure or renewal thereof;
(b) Practiced or aided or abetted in the practice of fraud, forgery, deception,
collusion, or conspiracy relating to an examination for licensure;
(c) Has been convicted of a crime as defined in KRS 335B.010, if in
accordance with KRS Chapter 335B;
(d) Has become addicted to or is an abuser of alcohol, drugs, or any illegal
substances;
(e) Developed a physical or mental disability or other condition that presents
a danger in continuing to provide athletic training services to patients, the
public, or other health-care personnel;
(f) Knowingly made, caused to be made, or aided or abetted in the making
of a false statement in any document executed in connection with the
practice of athletic training;
(g) Performed any act or service as an athletic trainer without proper
supervision by a licensed physician;
(h) Exceeded the scope of medical services or procedures described by the
supervising physician in the application required under KRS 311.903;
(i) Aided, assisted, or abetted another in the unlawful practice of medicine,
osteopathy, chiropractics, or any healing art, including the unlawful
practice of athletic training;
(j) Willfully violated a confidential communication;
(k) Performed the services of an athletic trainer in an unprofessional,
incompetent, or grossly or chronically negligent manner;
(l) Has been removed, suspended, expelled, or placed on probation by any
health-care facility for unprofessional conduct, incompetence, negligence,
or violation of any provision of KRS 311.900 to 311.928;
(m) Violated any applicable provision of an administrative regulation relating
to athletic training practice;
(n) Violated any term of probation or other disciplinary order issued by the
board or an agreed order defined in KRS 311.550;
(o) Failed to complete the required number of hours of approved continuing
education; or
(p) Willfully violated any provision of KRS 311.900 to 311.928 or acted
outside of the licensed athletic trainer's scope of practice.
All disciplinary proceedings against an athletic trainer shall be conducted in
accordance with the provisions of KRS 311.591, 311.592, 311.593, and
(3)
(4)
(5)
311.599; KRS Chapter 13B; and any related administrative regulations
promulgated under KRS Chapter 311, except that the provisions which apply to
physicians shall apply to athletic trainers.
Notwithstanding any of the requirements for licensure established by KRS
311.900 to 311.928, the board, after providing the applicant with reasonable
notice of its intended action and a reasonable opportunity to be heard, may
deny licensure to an applicant without a prior evidentiary hearing upon a finding
that the applicant has violated any provisions of KRS 311.900 to 311.928 or is
otherwise unfit to practice. Orders denying licensure may be appealed
pursuant to KRS 311.593.
The board may impose restrictions on the scope of practice of an athletic
trainer after providing the applicant with reasonable notice of its intended action
and a reasonable opportunity to be heard. The Athletic Trainers Advisory
Council may make recommendations on such restrictions.
The provisions of this chapter shall not be construed as preventing or
restricting the practices, services, or activities of a person licensed in
accordance with the provisions of another law of the Commonwealth from
engaging in the profession or occupation for which he or she is licensed.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 53, effective June 29, 2017. -Amended 2013 Ky. Acts ch. 30, sec. 6, effective June 25, 2013. -- Created 2006
Ky. Acts ch. 248, sec. 6, effective July 12, 2006.
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