{"data":{"id":"us-ky/krs-309.137","jurisdiction":"us-ky","citation":"KRS 309.137","heading":"Disciplinary action.","body":"(1) The  board may  refuse to issue a license or may  deny any application, or\nsuspend, or revoke, impose probationary conditions upon, issue a written\nreprimand or admonishment, or perform any combination thereof regarding any\nlicense held or applied for under the provisions of KRS 309.133 if the person:\n(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or\nrenewing or attempting to procure or renew a license to practice art\ntherapy;\n(b) Committed any unfair, false, misleading, or deceptive act or practice;\n(c) Has been negligent in the practice of art therapy;\n(d) Is adjudicated mentally incompetent;\n(e) Is found guilty of a crime as defined in KRS  335B.010 involving sexual\nmisconduct or where dishonesty is a necessary element, if in accordance\nwith KRS  Chapter 335B. Conviction includes all instances in which a plea\nof no contest is the basis of the conviction;\n(f) Is found guilty of unprofessional or unethical conduct in this or any other\njurisdiction;\n(g) Has  been using any controlled substance or alcoholic beverage to an\nextent or in a manner dangerous to the person, any other person, or the\npublic, or to an extent that the use impairs the ability to perform as a\nlicensed professional art therapist;\n(h) Has  violated any provision of KRS  309.130 to 309.1399 or administrative\nregulations promulgated thereunder;\n(i) Failed to comply with an order issued by the board or an assurance of\nvoluntary compliance; or\n(j) Willfully or negligently divulges a professional confidence.\n(2) A certified copy of the record of conviction shall be conclusive evidence of the\nconviction.\n(3) Disciplinary proceedings may be initiated upon the receipt by the board of a\nsworn complaint by any person, including members  of the board.\n(4) Two  (2) years from the date of revocation, any person whose license has been\nrevoked may petition the board for reinstatement. The board shall investigate\nthe petition and may reinstate the licensee if the board finds that the individual\nhas  complied with any  terms prescribed by the board and  is able to\ncompetently engage in the practice of art therapy.\n(5) If, after an investigation that includes an opportunity for the licensee to\nrespond, the board determines that a violation took place but was not of a\nserious nature, it may issue a written admonishment to the licensee. A copy of\nthe admonishment shall be placed in the permanent file of the licensee. The\nlicensee shall have the right to file a response to the admonishment  within\nthirty (30) days of its receipt and to have the response placed in the permanent\nlicensure file. The licensee may  alternatively, within thirty (30) days of the\nreceipt, file a request for a hearing with the board. Upon receipt of this request,\nthe board shall set aside the written admonishment and set the matter for a\nhearing under KRS Chapter 13B.\n(6) The  surrender of a license shall not deprive the board of its jurisdiction to\nproceed with disciplinary actions authorized under KRS 309.130 to 309.1399.","path":["KRS Chapter 309"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46798","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:01Z","sha256":"5c4ada17b9567faca332b9a8ab2bcd195119dd9513ad3b9569cc00de516e1c70","source_id":"us-ky","stale":false,"prev":"us-ky/krs-309.135","next":"us-ky/krs-309.1375"},"notice":"GroundRules: Original legal text. Not legal advice."}