KRS 309.362: Grounds for refusal to issue or renew a license, suspension or revocation of

a license, administrative reprimand, or probation.

(1) The board may deny or refuse to renew a license, may suspend or revoke a license,

may issue an administrat ive reprimand, or may impose probationary conditions or

fines not to exceed one thousand dollars ($1,000) per violation when the licensee

has engaged in unprofessional conduct that has endangered or is likely to endanger

the health, welfare, or safety of the public. Unprofessional conduct shall include the

following:

(a) Obtaining or attempting to obtain a license by fraud, misrepresentation,

concealment of material facts, or making a false statement to the board;

(b) Being convicted of a felony in any cour t if the act or acts for which the

licensee or applicant for license was convicted are determined by the board to

have a direct bearing on whether the person is trustworthy to serve the public

as a licensed massage therapist, if in accordance with KRS Chap ter 335B.

"Conviction," as used in this paragraph, includes a finding or verdict of guilty,

an admission of guilt, or a plea of nolo contendere in a court of law;

(c) Violating any lawful order or administrative regulation promulgated by the

board;

(d) Violating any provision of this chapter or administrative regulations

promulgated under this chapter;

(e) Having sexual contact as defined in KRS 510.010 with a client or having

engaged or attempted to engage in lewd or immoral conduct with any client or

patient;

(f) Engaging in fraud or material deception in the delivery of professional

services, including reimbursement or advertising services, in a false or

misleading manner;

(g) Evidence of gross negligence or gross incompetence in the practice of

massage therapy;

(h) Violating the standards of practice or the code of ethics as promulgated by

administrative regulations;

(i) Violating KRS 304.39-215; or

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

or (5).

(2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license,

or impose probationary conditions following an administrative hearing pursuant to

KRS Chapter 13B and in accordance with administrative regulations promulgated

by the board.

(3) The surrender of a license shall not deprive the board of jurisdiction to proceed with

disciplinary actions under KRS 309.350 to 309.364.