KRS 311B.180: Civil Penalties.

(1) The board shall assess civil penalties authorized by KRS 311B.190 against an

individual or licensee who performs diagnostic or therapeutic procedures without a

valid license.

(2) Prior to assessing civil penalties, the board shall confirm the violation of the

requirements by any of the following:

(a) Observing the violation;

(b) Obtaining records, documents, or other physical evidence;

(c) Obtaining statements from either the employer or the employee that confirm

the existence of the violation; or

(d) Obtaining statements from third parties, such as patients or coworkers, that

corroborate the allegation that a violation has occurred.

(3) Civil penalties shall be assessed against individuals who perform diagnostic or

therapeutic procedures without a valid license as follows:

(a) Failure to apply for an initial license by an individual who is fully qualified for

licensure at the time the violation is discovered shall be assessed a civil

penalty plus the license application fee;

(b) Failure to apply for renewal by an individual who would be eligible for

renewal of a license but would not currently qualify due to insufficient

continuing education at the time the violation is discovered shall be assessed a

civil penalty plus the license renewal fee;

(c) Performance of a diagnostic or therapeutic procedure requiring licensure by an

individual who is not qualified for a license at the time the violation is

discovered shall be assessed a civil penalty; and

(d) Civil penalties for repeating the above offenses shall be doubled. Each day the

violation occurs shall count as a separate repeat offense.

(4) Civil penalties, double the amount assessed against the licensee, shall also be

assessed against the employer of the individual without a valid license pursuant to

subsection (3) of this section.