KRS § 320.310 — KY Code / Title XXVI / Chapter 320 / Section 320.310
320.310 Causes for refusal, limitation, revocation, or suspension of licenses -- Restitution or fines -- Branch offices -- Expungement
Status: in_force

320.310 Causes for refusal, limitation, revocation, or suspension of licenses --

Restitution or fines -- Branch offices -- Expungement.

(1) The board may refuse to issue, refuse to renew, limit or restrict, revoke, or suspend

a license, may place on probation, or reprimand a licensee, may order restitution,

may impose a fine not to exceed one thousand dollars ($1,000) for each violation of

this chapter or the corresponding administrative regulations, or may impose any

combination of these penalties if it finds that an applicant or a licensee has:

(a) Engaged in any practice of fraud or deceit in obtaining or attempting to obtain

a license;

(b) Been convicted of any felony or has been convicted of a misdemeanor

involving sexual misconduct, if in accordance with KRS Chapter 335B. A

record of the conviction or a certified copy of the record shall be conclusive

evidence of the conviction;

(c) Chronic or persistent inebriety or addiction to a drug habit to an extent that

continued practice is dangerous to patients or to the public safety;

(d) Been granted a license upon a mistake of material fact;

(e) Engaged in incompetence, as determined by the board;

(f) Practiced as an itinerant, peddled from door to door, established a temporary

office, or practiced optometry outside of or away from his or her regular office

or place of practice, except that the board may promulgate administrative

regulations to authorize the practice of optometry outside of the licensee's

regular office for a charitable purpose as defined by the board;

(g) Employed, procured, induced, aided, or abetted any person, not holding a

Kentucky license, to practice optometry or in practicing optometry;

(h) Used the title "doctor" or its abbreviation without further qualifying this title

or abbreviation with the word "optometrist" or suitable words or letters

designating an optometry degree;

(i) Engaged in any conduct likely to deceive or defraud the public;

(j) Violated any order issued by the board;

(k) Had his or her license to practice optometry in any other jurisdiction revoked,

suspended, limited, placed on conditions of probation, or subjected to any

other disciplinary action by that jurisdiction's licensing authority;

(l) Prescribed any therapeutic agent in an amount that the optometrist knows, or

should know, is excessive under accepted and prevailing standards, or which

the optometrist knows, or has reason to know, will be used or is likely to be

used other than for an accepted therapeutic purpose;

(m) Developed a physical or mental disability, or other condition, which renders

the continued practice by the optometrist dangerous to patients or the public;

(n) Violated any statute under this chapter or administrative regulation

promulgated under those statutes;

(o) Violated KRS 304.39-215; or

(p) Engaged in conduct that is subject to the penalties under KRS 304.99-060(4)

or (5).

(2) Nothing in this section shall prevent an optometrist from establishing branch offices

if each office contains minimum equipment as required by administrative regulation

of the board, ensures patient care as necessary, and has a Kentucky licensed

optometrist in charge of the office.

(3) Any licensee, permit holder, or certificate holder who is disciplined under this

chapter for a minor violation may request in writing that the board expunge the

minor violation from the licensee's, permit holder's, or certificate holder's

permanent record.

(a) The request for expungement may be filed no sooner than three (3) years after

the date on which the licensee, permit holder, or certificate holder has

completed disciplinary sanctions imposed and if the licensee, permit holder, or

certificate holder has not been disciplined for any subsequent violation of the

same nature within this period of time.

(b) No person may have his or her record expunged under this chapter more than

once.

The board shall promulgate administrative regulations under KRS Chapter 13A to

establish violations which are minor violations under this subsection. A violation

shall be deemed a minor violation if it does not demonstrate a serious inability to

practice the profession; adversely affect the public health, safety or welfare; or

result in economic or physical harm to a person, or create a significant threat of such

harm.