{"data":{"id":"us-ky/krs-309.418","jurisdiction":"us-ky","citation":"KRS 309.418","heading":"Grounds  for refusal to issue or renew, suspend, or revoke a license","body":"or otherwise discipline a licensee -- Reinstatement -- Expungement  of\nminor violation -- Administrative regulations.\n(1) If in accordance with KRS  Chapter 335B, the board shall refuse to license, or\nshall suspend a license, if the person seeking or holding a license has ever\nbeen convicted of or entered an Alford plea or plea of nolo contendre to a sex\ncrime as defined in KRS  17.500, a criminal offense against a victim who is a\nminor as defined in KRS  17.500, a felony offense under KRS  Chapter 209, or\nan offense which would classify the person as a violent offender under KRS\n439.3401.\n(2) The  board may  refuse to issue or renew  a license, or may  suspend,\ntemporarily suspend, revoke, fine, place on probation, reprimand, reasonably\nrestrict, or take any combination of these actions against any licensee, for the\nfollowing reasons:\n(a) Unprofessional or unethical conduct;\n(b) Mental or physical incapacity that prevents the licensee from engaging or\nassisting in the provision of home  medical equipment and services with\nreasonable skill, competence, and safety to the public;\n(c) Being convicted of or entering an Alford plea or plea of nolo contendere\nto, irrespective of an order granting probation or suspending imposition of\nany sentence imposed following the conviction or entry of such plea, one\n(1) or more or the following, if in accordance with KRS Chapter 335B:\n1. A crime as defined in KRS 335B.010; or\n2. A  violation of the home  medical equipment  laws, rules, or\nadministrative regulations of this state, any other state, or the federal\ngovernment;\n(d) Knowing  or having reason to know that a home  medical equipment and\nservices provider is incapable of engaging or assisting in the practice of\nproviding home  medical equipment and services with reasonable skill,\ncompetence, and safety to the public and failing to report any relevant\ninformation to the board;\n(e) Knowingly making or causing to be made any false, fraudulent, or forged\nstatement or misrepresentation of a material fact in securing issuance or\nrenewal of a license;\n(f) Engaging in fraud in connection with the practice of the provision of home\nmedical equipment and services;\n(g) Engaging in or aiding and abetting an individual to engage or assist in the\nprovision of home  medical equipment and services without a license or\nfalsely using the title \"home medical equipment and services provider,\"\n\"provider,\" or other term which might imply that the individual is a home\nmedical equipment and services provider; or\n(h) Violation of any order issued by the board to comply with any applicable\nlaw or administrative regulation.\n(3) As used in this section, \"unprofessional or unethical conduct\" includes but is\nnot limited to the following acts of a home  medical equipment and services\nprovider:\n(a) Engaging  in conduct likely to deceive, defraud, or harm  the public,\ndemonstrating a willful or careless disregard for the health, welfare, or\nsafety of a sick or disabled person, or engaging in conduct which\nsubstantially departs from accepted standards of providing home medical\nequipment  and  services ordinarily exercised by  a  home  medical\nequipment and services provider, with or without established proof of\nactual injury;\n(b) Engaging  in grossly negligent professional conduct, with or without\nestablished proof of actual injury;\n(c) Obtaining any remuneration by fraud, misrepresentation, or deception;\n(d) Providing home  medical equipment and services that carry a legend or\nrequire a prescription without a medical order from a licensed health care\npractitioner; or\n(e) Willfully or knowingly failing to maintain complete and accurate records of\nhome  medical equipment and services provided in compliance with\nfederal and state laws, rules, or administrative regulations.\n(4) Any  licensee who is found guilty of or enters an Alford plea or plea of nolo\ncontendre to a violation prescribed in subsection (1) or (2)(c) of this section\nshall, within thirty (30) days, notify the board of that conviction or plea. Failure\nto do so shall be grounds for suspension or revocation of the license.\n(5) Any person whose license has been revoked in accordance with this section,\nother than a person whose  license was revoked for being convicted of or\nentering an Alford plea or plea of nolo contendre to a sex crime as defined in\nKRS  17.500, a criminal offense against a victim who is a minor as defined in\nKRS  17.500, a felony offense under KRS  Chapter 209, or an offense which\nwould classify the person as a violent offender under KRS  439.3401, may\npetition the board for reinstatement. The petition shall be made in writing and in\na form prescribed by the board. The board shall investigate all reinstatement\npetitions, and may reinstate a license upon a showing that the former holder\nhas been rehabilitated and is again able to engage in the practice of providing\nhome  medical equipment and services with reasonable skill, competency, and\nsafety to the public. Reinstatement may be on the terms and conditions that the\nboard, based  on competent evidence, reasonably believes necessary to\nprotect the health and welfare of the citizens of the Commonwealth.\n(6) Upon  exercising the power of revocation provided for in subsection (2) of this\nsection, the board may reasonably prohibit any petition for reinstatement for a\nperiod up to and including five (5) years.\n(7) (a) A licensee who is disciplined under this section for a minor violation may\nrequest in writing that the board expunge the minor violation from the\nlicensee's permanent record.\n(b) The request for expungement may be filed no sooner than three (3) years\nafter the date on which the licensee has completed disciplinary sanctions\nimposed and if the licensee has not been disciplined for any subsequent\nviolation of the same nature within this period of time.\n(c) A  person shall not have his or her record expunged under this section\nmore than once.\n(d) The board shall promulgate administrative regulations in accordance with\nKRS  Chapter 13A to establish what are considered minor violations under\nthis subsection. A violation shall be deemed  a minor violation if it does\nnot:\n1. Demonstrate a serious inability to practice the profession;\n2. Involve the provisions of home medical equipment and services;\n3. Adversely affect the public health, safety, or welfare;\n4. Result in economic or physical harm to a person; or\n5. Create a significant threat of such harm.","path":["KRS Chapter 309"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46802","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:02Z","sha256":"b92d3f1798223921ca42699e3eed970d601e9a3deb765cee0ef0fce287fd0560","source_id":"us-ky","stale":false,"prev":"us-ky/krs-309.416","next":"us-ky/krs-309.420"},"notice":"GroundRules: Original legal text. Not legal advice."}