309.086 Revocation, suspension, probation, or restriction of license, certificate, or registration -- Hearings -- Appeals

309.086 Revocation, suspension, probation, or restriction of license,

certificate, or registration -- Hearings -- Appeals.

(1) The board may revoke, suspend, place on probation, or restrict the license,

certificate, or registration of a licensee, certificate holder, or registrant; refuse to

issue or renew a license, certificate, or registration; and reprimand, admonish,

or fine a licensee, certificate holder, or registrant for the following:

(a) Fraud or deceit in obtaining licensure, certification, or registration;

(b) Transferring the authority granted by the license, certificate, or

registration to another person;

(c) Using unfair, false, misleading, or deceptive trade practices;

(d) Willfully or deliberately disregarding professional standards of practice or

violating the code of ethics;

(e) Aiding and abetting a person who obtains a license, certificate, or

registration fraudulently;

(f) Conspiring or combining with others to obtain a license, certificate, or

registration to be used by an unlicensed, uncertified, or unregistered

person with the intent to evade the provisions of KRS 309.080 to 309.089

and administrative regulations promulgated pursuant to those sections;

(g) Negligence or incompetence in complying with the applicable code of

ethics and standards of practice or failure to comply with continuing

education requirements;

(h) Violating KRS 309.080 to 309.089 and administrative regulations

promulgated pursuant to those sections; or

(i) Being convicted of any crime as defined in KRS 335B.010 in which an

element of the crime is dishonesty or fraud, within the past three (3)

years, if in accordance with KRS Chapter 335B.

(2) The board shall, upon the request of a licensed clinical alcohol and drug

counselor, certified alcohol and drug counselor, or registered alcohol and drug

peer support specialist, or an applicant for licensure, certification, or

registration, hold a hearing pursuant to KRS Chapter 13B before denying an

application; refusing to renew a license, certificate, or registration; suspending

a license, certificate, or registration; or imposing a fine. The affected party may

appeal the board's decision in the Circuit Court where the licensee, certificate

holder, or registrant resides. The action of the board shall remain in effect

pending any appeals unless the board rescinds or modifies its order.