Section 5.
Denial or Revocation of Approval.
(1) The
board shall deny, suspend, or revoke approval if an applicant or an approved
provider has:
(a) Failed to meet the
qualifications for approval set forth in Section 2 of this administrative
regulation;
(b) Failed to be in
compliance with the ethical standards of professional practice as promulgated
by the Kentucky licensing or certifying body under which the applicant or
approved provider has professional status;
(c) A substance use disorder as defined by
KRS 222.005(12);
(d) Falsified any
information or documentation, or has concealed a material fact, in the request
for approval;
(e) Failed to
implement a corrective action plan imposed by the board in accordance with
Section 6 of this administrative regulation;
(f) Three (3) or more evaluations which the
board finds are below standard upon review;
(g) Failed to comply with the comprehensive
sex offender presentence evaluation procedure established in 501 KAR 6:200;
(h) Shown an inability to
conduct an evaluation with reasonable skill;
(i) Accepted a gift or favor from a sex
offender being assessed, from the family of the sex offender being assessed, or
from their agent;
(j) Provided a
gift or favor to a sex offender being assessed, to the family of the sex
offender being assessed, or to their agent;
(k) Failed to comply with an order of the
board; or
(l) Failed to comply with
instructions of the board during an investigation.
(2) The board may deny, suspend, or revoke
approval if an applicant or an approved provider has:
(a) Been convicted of or pled guilty to a
felony criminal offense or a misdemeanor criminal offense;
(b) Has a current active domestic violence or
interpersonal protective order issued against the applicant or approved
provider;
(c) Had a domestic
violence or interpersonal protective order issued against the applicant or
approved provider within the previous three (3) years;
(d) Had a sanction applied against the
applicant or approved provider's mental health professional licensure or
certification at any time in the past two (2) years;
(e) Failed to comply with the duties
established in Section 3 of this administrative regulation;
(f) Less than three (3) evaluations that the
board finds are below standard upon review;
(g) Failed to comply with the treatment
requirements established in 501 KAR 6:220;
(h) Failed to comply with the evaluation
procedure established in 501 KAR 6:200;
(i) Failed to comply with the requirements
established by the board for the practicum or to successfully complete the
practicum, if so required by Section 2 of this administrative
regulation;
(j) Identified himself
or herself as an approved provider as credentialed by the Sex Offender Risk
Assessment Advisory Board under the provisions of KRS 17.550 through 17.991 if
performing an evaluation that is not of an individual convicted of a felony sex
crime as defined by KRS 17.500; or
(k) Referred to an individual being evaluated
or treated as a sex offender if the individual does not meet the definition of
sex offender established in KRS 17.550.
(3) If the board intends to deny, suspend or
revoke approval, it shall:
(a) Serve a notice
of intent to deny, suspend, or revoke approval to the applicant or approved
provider; and
(b) Notify the
applicant or approved provider of the hearing, in accordance with KRS Chapter
13B and KRS 17.560.
(4)
An approved provider who has had approval revoked shall be ineligible to apply
to be an approved provider until the second anniversary of the date the
approval was revoked unless the revocation was for failure to obtain the
required eight (8) hours of continuing education and the required hours have
been obtained.