KRS § 311.909 — KY Code / Title XXVI / Chapter 311 / Section 311.909
311.909 Disciplinary measures by the board -- Grounds -- Procedures
Status: in_force

311.909 Disciplinary measures by the board -- Grounds -- Procedures.

(1) 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.

(2) All disciplinary proceedings against an athletic trainer shall be conducted in

accordance with the provisions of KRS 311.591, 311.592, 311.593, and

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.

(3) 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.

(4) 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.

(5) 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.