KRS 314A.225: Denial, suspension, probation, or revocation of certificate -- Grounds --

Administrative fine -- Reprimand or admonishment -- Reinstatement of

certificate.

(1) The board may refuse to issue a certificate, or may suspend, revoke, impose

probationary conditions upon, impose an administrative fine, issue a written

reprimand or admonishment, or any combination thereof regarding any certificate

holder upon proof that the certificate holder has:

(a) Committed any crime, act of dishonesty, or corrupti on, 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 the crime, the judgment and sentence are presumptive evidence

at the ens uing disciplinary hearing of the guilt of the certificate holder or

applicant. Conviction includes all instances in which a plea of no contest is

the basis of conviction;

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

reinstating a certificate;

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

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

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

of respirat ory care or any activities undertaken by a respiratory care

practitioner, 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);

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

voluntary compliance;

(g) Violated the code of ethics as set forth in administrative regulations

promulgated by the board; or

(h) Violated any applicable provision of any federal or state law, if in accordance

with KRS Chapter 335B.

(2) One (1) year from the date of revocation, any person whose certificate has been

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

petition and may reinstate the certificate upon a finding that the individual has

complied with any terms prescribed by that board and is again able to competently

engage in the practice of respiratory care.

(3) The board may reconsider, modify, or reverse its probation, suspensions, or other

disciplinary actions.

(4) The surrender of a certificate s hall not serve to deprive the board of jurisdiction to

proceed with disciplinary action under this chapter.