{"data":{"id":"us-ky/krs-319c.110","jurisdiction":"us-ky","citation":"KRS 319C.110","heading":"Sanctions against licensee or applicant after opportunity for","body":"administrative hearing -- Causes for disciplinary action -- Private\nadmonishment not subject to disclosure.\n(1) The board, after due notice and an opportunity for an administrativ e hearing\nconducted in accordance with KRS Chapter 13B, may take any one (1) or a\ncombination of the following actions against any applied behavior analyst or\napplied assistant behavior analyst licensee or applicant:\n(a) Refuse to license or certify any applicant;\n(b) Refuse to renew the license or certificate of any person;\n(c) Suspend or revoke or place on probation the license or certificate of any\nperson;\n(d) Impose restrictions on the scope of practice of any person;\n(e) Issue an administrative reprimand to any person;\n(f) Issue a private admonishment to any person; and\n(g) Impose fines for violations of this chapter, not to exceed two thousand five\nhundred dollars ($2,500).\n(2) The following acts by a licensee may be considered cause for disciplinary action:\n(a) Indulgence in excessive use of alcoholic beverages or abusive use of\ncontrolled substances that impairs the licensee's ability to practice applied\nbehavior analysis;\n(b) Engaging in, permitting, or attempting to engage in or permit the performance\nof substandard patient care by himself or herself or by persons working under\nhis or her supervision due to a deliberate or negligent act or failure to act,\nregardless of whether actual injury to the patient is established;\n(c) Having engaged in or attempted to engage in a course of lewd or immoral\nconduct with any person while that person is a patient or client of the behavior\nanalyst or assistant behavior analyst;\n(d) Having sex ual contact, as defined in KRS 510.010, without the consent of\nboth parties, with an employee or coworker of the licensee;\n(e) Sexually harassing an employee or coworker of the licensee;\n(f) Conviction of a felony or misdemeanor in the courts of the Common wealth or\nany other state, territory, or country which affects his or her ability to continue\nto practice competently and safely on the public. As used in this paragraph,\n\"conviction\" includes a finding or verdict of guilt, an admission of guilt, or a\nplea of nolo contendere;\n(g) Obtaining or attempting to obtain a license by fraud or material\nmisrepresentation or making any other false statement to the board;\n(h) Engaging in fraud or material deception in the delivery of professional\nservices, including re imbursement, or in advertising services in a false or\nmisleading manner;\n(i) Evidence of gross negligence or gross incompetence in his or her practice of\nbehavior analysis;\n(j) Documentation of being declared mentally disabled by a court of competent\njurisdiction and not thereafter having had his or her rights restored;\n(k) Failing or refusing to obey any lawful order or administrative regulation of the\nboard;\n(l) Promoting for personal gain an unnecessary device, treatment, procedure, or\nservice, or direct ing or requiring a patient to purchase a device, treatment,\nprocedure, or service from a facility or business in which he or she has a\nfinancial interest; and\n(m) Being impaired by reason of a mental, physical, or other condition that\nimpedes his or her ability to practice competently.\n(3) A private admonishment shall not be subject to disclosure to the public under KRS\n61.878(1)(l). A private admonishment shall not constitute disciplinary action but\nmay be used by the board for statistical purposes or in s ubsequent disciplinary\naction against the same licensee or applicant.","path":["KRS Chapter 319C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57430","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:15Z","sha256":"6eb38699df6235bb03c73d4d0dd36329047a6f02f7ec0f443e6036e0c6be0c28","source_id":"us-ky","stale":false,"prev":"us-ky/krs-319c.100","next":"us-ky/krs-319c.120"},"notice":"GroundRules: Original legal text. Not legal advice."}