KRS § 319.082 — KY Code / Title XXVI / Chapter 319 / Section 319.082
319.082 Disciplinary actions against license and credential holders
Status: in_force

319.082 Disciplinary actions against license and credential holders.

(1) The board may suspend, revoke, or refuse to issue or renew a license; may accept an

assurance of voluntary compliance; restrict, or place a credential holder on

probation; or issue an administrative reprimand or private admonishment upon

proof that the credential holder has:

(a) Committed any act involving moral turpitude, dishonesty, or corruption,

relating to the practice of psychology, whether the act constitutes a crime or

not, if in accordance with KRS Chapter 335B. If the act constitutes a crime,

conviction in a criminal proceeding is not a condition precedent to

disciplinary action. Upon conviction of such a crime, the judgment and

sentence is presumptive evidence at the ensuing disciplinary hearing of the

guilt of the licensee or applicant of the crime described in the indictment or

information and of the person's violation of the statute on which it is based.

For the purpose of this subsection, conviction includes all instances in which a

plea of guilty or nolo contendere is the basis for the conviction and all

proceedings in which the sentence has been deferred or suspended;

(b) Misrepresented or concealed a material fact in obtaining a license, or in

reinstatement thereof;

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

(d) Been incompetent or negligent in the practice of psychology;

(e) Practiced psychology while under the suspension, revocation, or restriction of

the individual's license to practice by competent authority in any state, federal,

or foreign jurisdiction;

(f) Violated any state statute or administrative regulation governing the practice

of psychology, which shall include violation of KRS 304.39-215 and conduct

that is subject to the penalties under KRS 304.99-060(4) or (5);

(g) Unlawfully failed to cooperate with the board by:

1. Not furnishing any papers or documents requested by the board;

2. Not furnishing in writing a complete explanation covering the matter

contained in the complaint filed with the board;

3. Not appearing before the board at the time and place designated; or

4. Not properly responding to subpoenas issued by the board;

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

voluntary compliance;

(i) Aided or abetted an unlicensed person to practice when a license or certificate

is required;

(j) Grossly overcharged for professional services;

(k) Practiced beyond the scope demonstrated by an appropriate combination of

knowledge, skill, experience, training, and education;

(l) Failed to provide adequate supervision for certified psychologists, licensed

psychological associates, applicants for licensure, or other staff;

(m) Been convicted of any misdemeanor or felony relating to the practice of

psychology, if in accordance with KRS Chapter 335B. For the purposes of this

subsection, conviction includes all instances in which a plea of guilty or nolo

contendere is the basis for conviction and all proceedings in which the

sentence has been deferred or suspended;

(n) Physically abused or had sexual contact with a patient, client, student, or

supervisee;

(o) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a

client, patient, or student, or a felony offense under KRS Chapter 510,

530.064(1)(a), or 531.310, or been found by the board to have had sexual

contact as defined in KRS 510.010 with a client, patient, student, or

supervisee;

(p) Improperly divulged confidential information;

(q) Exercised undue influence in such a manner as to exploit the client, patient,

student, or supervisee for financial or other personal advantage to the

practitioner or a third party;

(r) Showed an inability to practice psychology with reasonable skill and safety to

patients or clients by reason of illness, misuse of drugs, narcotics, alcohol,

chemicals, or any other substance, or as a result of any mental or physical

condition; or

(s) Failed to comply with the requirements of the board for continuing education.

(2) Private admonishment shall not be subject to disclosure to the public under KRS

61.878(1)(l) and shall not constitute disciplinary action, but may be used by the

board for statistical purposes or in subsequent disciplinary action against the

credential holder or applicant.

(3) No unlawful act or violation of any provision of this chapter by any credential

holder employed or supervised by a licensed psychologist shall be cause for the

revocation of the supervisor's license, unless the board finds that the licensed

psychologist had knowledge of it.

(4) Three (3) years from the date of a revocation, any person whose license has been

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

her petition and may reinstate his or her license upon finding that the former

licensee has complied with the provisions of this chapter and administrative

regulations promulgated by the board and is again able to engage in the practice of

psychology with reasonable skill, competency, and safety to the public.

(5) The board may, at its own discretion, reconsider, modify, or reverse its probations,

suspensions, revocations, restrictions, or refusals to issue or renew licenses at any

time.