KRS 335.150: Grievance procedures -- Denial, revocation, or suspension of licenses --

Other sanctions -- Reconsideration -- Sexual contact with client -- Penalties --

Reports under Social Work Licensure Compact.

(1) The board may revoke, suspend, or refuse to issue or renew; impose probationary or

supervisory conditions upon; impose an administrative fine; issue a written

reprimand or admonishment; or any combination of actions regarding any

applicant, license, or licensee upon proof that the applicant or licensee has:

(a) Committed any act of dishonesty or corruption, 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 creates a rebuttable

presumption at the ensuing disciplinary hearing of the guilt of the applicant or

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

basis of the conviction;

(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 social work;

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

of social work or any activities undertaken by a social worker;

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

voluntary compliance;

(g) Violated any aspect of the code of ethical co nduct as set forth by the board by

promulgation of an administrative regulation;

(h) Been legally declared mentally incompetent;

(i) Aided or abetted another person in falsely procuring or attempting to procure

a license; or

(j) Aided or abetted an unlicensed person in the practice of social work.

(2) Five (5) years from the date of a revocation, any person whose license has been

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

petition and may rei nstate the license upon a finding that the individual has

complied with any terms prescribed by the board and is again able to engage

competently in the practice of social work.

(3) If an alleged violation is not of a serious nature and the evidence presen ted to the

board, after the investigation and appropriate opportunity for the licensee to

respond, provides a clear indication that the alleged violation did in fact occur, the

board may issue a written admonishment to the licensee. A copy of the

admonishment shall be placed in the permanent file of the licensee. The licensee

shall have the right to file a response within thirty (30) days of its receipt and to

have the response placed in the licensee's permanent file. Alternatively, the licensee

may file a request for a hearing, within thirty (30) days of the receipt of the written

admonishment. Upon receipt of this request, the board shall set aside the written

admonishment and set the matter for hearing.

(4) At any time during the investigative or hearing processes, the board may enter into

an agreed order with, or accept an assurance of voluntary compliance from, the

licensee that effectively satisfies the complaint.

(5) The board may reconsider, modify, or reverse its decision regarding probation,

suspension, or any other disciplinary action.

(6) Upon proof substantiating that sexual contact occurred between a social worker

licensed by the board and a client while the client was under the care of or in a

professional relationship with the social worker, th e social worker's license may be

revoked or suspended with mandatory treatment of the social worker as prescribed

by the board. The board may require the social worker to pay a specified amount for

mental health services for the client which are needed as a result of the sexual

contact.

(7) The board may revoke the license of a social worker if the social worker has been

convicted of a misdemeanor offense under KRS Chapter 510 involving a client or a

felony offense under KRS Chapter 510 or KRS 530.064(1)(a) or 531.310, or has

been found to have had sexual contact as defined in KRS 510.010 with a client

while the client was under the care of the social worker.

(8) A disciplinary action, or other adverse action reported by a member state through

the data syste m established under the Social Work Licensure Compact in KRS

335.135 and affecting a licensee's multistate license or multistate authorization to

practice shall constitute grounds for identical or comparable action by the board

under this section.