§ 309.362

309.362 Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation. (1) The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed one thousand dollars ($1,000) per violation when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the p ublic. Unprofessional conduct shall include the following: (a) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board; (b) Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. 'Conviction,' as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law; (c) Violating

ance with KRS Chapter 335B. 'Conviction,' as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law; (c) Violating any lawful order or administrative regulation promulgated by the board; (d) Violating any provision of this chapter or administrative regulations promulgated thereunder; (e) Having sexual contact as defined by KRS 510.010(7) with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient; (f) Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner; (g) Evidence of gross negligence or gross incompetence in the practice of massage thera py; (h) Violating the standards of practice or the code of ethics as promulgated by administrative regulations; (i) Violating KRS 304.39 -215; or (j) Engaging in conduct that is subject to the penalties under KRS 304.99 -060(4) or (5). (2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to

KRS 304.99 -060(4) or (5). (2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board. (3) The surren der of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS 309.350 to 309.364. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 8, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 143, sec. 6, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 45, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 29, sec. 9, effective July 12 , 2006. -- Created 2003 Ky. Acts ch. 45, sec. 13, effective June 24, 2003; and ch. 70, sec. 13, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 13, and 2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have been codified together.