KRS § 309.137 — KY Code / Title XXVI / Chapter 309 / Section 309.137
309.137 Disciplinary action
Status: in_force

309.137 Disciplinary action.

(1) The board may refuse to issue a license or may deny any application, or

suspend, or revoke, impose probationary conditions upon, issue a written

reprimand or admonishment, or perform any combination thereof regarding any

license held or applied for under the provisions of KRS 309.133 if the person:

(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or

renewing or attempting to procure or renew a license to practice art

therapy;

(b) Committed any unfair, false, misleading, or deceptive act or practice;

(c) Has been negligent in the practice of art therapy;

(d) Is adjudicated mentally incompetent;

(e) Is found guilty of a crime as defined in KRS 335B.010 involving sexual

misconduct or where dishonesty is a necessary element, if in accordance

with KRS Chapter 335B. Conviction includes all instances in which a plea

of no contest is the basis of the conviction;

(f) Is found guilty of unprofessional or unethical conduct in this or any other

jurisdiction;

(g) Has been using any controlled substance or alcoholic beverage to an

extent or in a manner dangerous to the person, any other person, or the

public, or to an extent that the use impairs the ability to perform as a

licensed professional art therapist;

(h) Has violated any provision of KRS 309.130 to 309.1399 or administrative

regulations promulgated thereunder;

(i) Failed to comply with an order issued by the board or an assurance of

voluntary compliance; or

(j) Willfully or negligently divulges a professional confidence.

(2) A certified copy of the record of conviction shall be conclusive evidence of the

conviction.

(3) Disciplinary proceedings may be initiated upon the receipt by the board of a

sworn complaint by any person, including members of the board.

(4) Two (2) years from the date of revocation, any person whose license has been

revoked may petition the board for reinstatement. The board shall investigate

the petition and may reinstate the licensee if the board finds that the individual

has complied with any terms prescribed by the board and is able to

competently engage in the practice of art therapy.

(5) If, after an investigation that includes an opportunity for the licensee to

respond, the board determines that a violation took place but was not of a

serious nature, it may issue a written admonishment to the licensee. A copy of

the admonishment shall be placed in the permanent file of the licensee. The

licensee shall have the right to file a response to the admonishment within

thirty (30) days of its receipt and to have the response placed in the permanent

licensure file. The licensee may alternatively, within thirty (30) days of the

receipt, file a request for a hearing with the board. Upon receipt of this request,

the board shall set aside the written admonishment and set the matter for a

hearing under KRS Chapter 13B.

(6) The surrender of a license shall not deprive the board of its jurisdiction to

proceed with disciplinary actions authorized under KRS 309.130 to 309.1399.