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205.8475 Forfeiture of provider's license.

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Page 1 of 1 205.8475 Forfeiture of provider's license. (1) Any professional, licensed or regulated by any agency of the Commonwealth of Kentucky, who upon final and unappealable decision by a court of competent <br>jurisdiction, is convicted or pleads guilty to a violation of any of the criminal <br>provisions of KRS 205.8451 to 205.8483, shall, in addition to any other penalty <br>provided by law, forfeit the license to practice his or her profession for a mandatory <br>minimum period of five (5) years. The license to practice a profession shall be <br>reinstated only after compliance with all conditions for reinstatement contained in <br>administrative regulations of the applicable licensure or regulatory board or agency <br>promulgated pursuant to the provisions of KRS Chapter 13A. For purposes of this <br>subsection, an individual or entity is considered to have been &quot;convicted&quot; of an <br>offense when: <br>(a) A judgment of conviction has been entered against the individual or entity by a federal or state court; (b) There has been a finding of guilt against the individual or entity by any court of competent jurisdiction; (c) A plea of guilty by the individual or entity has been accepted by any court of competent jurisdiction; or (d) The individual or entity has entered into participation in a court imposed first offender, deferred adjudication, diversion, or other arrangement or program <br>where judgment of conviction has been withheld. (2) Pending the final and unappealable decision of a court of competent jurisdiction, as provided under subsection (1) of this section, the provider shall not be eligible to <br>participate in the Kentucky Medical Assistance Program. (3) No provider, owner, officer, or stockholder possessing more than forty percent (40%) of the shares of a provider shall receive payments for medical services or <br>receive profits or remuneration from any other medical assistance provider with <br>which the provider, owner, officer, or stockholder may thereafter become associated <br>until all criminal penalties or civil payments assessed against the provider, owner, <br>officer, or stockholder under KRS 205.8451 to 205.8483 have been satisfied. Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 96, sec. 13, effective July 15, 1994; and ch. 316, sec. 13, effective July 15, 1994. Legislative Research Commission Note (7/15/94). This statute was enacted by identical sections in two bills (1994 Ky. Acts chs. 96 &amp; 316) which have been codified <br>together.