2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.550 Definitions for KRS 311.530 to 311.620 and KRS 311.990(4) to (6).
311.550 Definitions for KRS 311.530 to 311.620 and KRS 311.990(4) to (6).
As used in KRS 311.530 to 311.620 and KRS 311.990(4) to (6): <br>(1) "Board" means the State Board of Medical Licensure; <br>(2) "President" means the president of the State Board of Medical Licensure; <br>(3) "Secretary" means the secretary of the State Board of Medical Licensure; <br>(4) "Executive director" means the executive director of the State Board of Medical
Licensure or any assistant executive directors appointed by the board;
(5) "General counsel" means the general counsel of the State Board of Medical
Licensure or any assistant general counsel appointed by the board;
(6) "Regular license" means a license to practice medicine or osteopathy at any place in
this state;
(7) "Limited license" means a license to practice medicine or osteopathy in a specific
institution or locale to the extent indicated in the license;
(8) "Temporary permit" means a permit issued to a person who has applied for a regular
license, and who appears from verifiable information in the application to the <br>executive director to be qualified and eligible therefor;
(9) "Emergency permit" means a permit issued to a physician currently licensed in
another state, authorizing the physician to practice in this state for the duration of a <br>specific medical emergency, not to exceed thirty (30) days;
(10) Except as provided in subsection (11) of this section, the "practice of medicine or
osteopathy" means the diagnosis, treatment, or correction of any and all human <br>conditions, ailments, diseases, injuries, or infirmities by any and all means, <br>methods, devices, or instrumentalities;
(11) The "practice of medicine or osteopathy" does not include the practice of Christian
Science, the domestic administration of family remedies, the rendering of first aid <br>or medical assistance in an emergency in the absence of a person licensed to <br>practice medicine or osteopathy under the provisions of this chapter, the use of <br>automatic external defibrillators in accordance with the provisions of KRS 311.665 <br>to 311.669, the practice of podiatry as defined in KRS 311.380, the practice of a <br>midlevel health care practitioner as defined in KRS 216.900, the practice of <br>dentistry as defined in KRS 313.010, the practice of optometry as defined in KRS <br>320.210, the practice of chiropractic as defined in subsection (2) of KRS 312.015, <br>the practice as a nurse as defined in KRS 314.011, the practice of physical therapy <br>as defined in KRS 327.010, the performance of duties for which they have been <br>trained by paramedics licensed under KRS Chapter 311A, first responders, or <br>emergency medical technicians certified under Chapter 311A, the practice of <br>pharmacy by persons licensed and registered under KRS 315.050, the sale of drugs, <br>nostrums, patented or proprietary medicines, trusses, supports, spectacles, <br>eyeglasses, lenses, instruments, apparatus, or mechanisms that are intended, <br>advertised, or represented as being for the treatment, correction, cure, or relief of <br>any human ailment, disease, injury, infirmity, or condition, in regular mercantile <br>establishments, or the practice of midwifery by women. KRS 311.530 to 311.620 <br>shall not be construed as repealing the authority conferred on the Cabinet for Health
and Family Services by KRS Chapter 211 to provide for the instruction, <br>examination, licensing, and registration of all midwives through county health <br>officers;
(12) "Physician" means a doctor of medicine or a doctor of osteopathy; <br>(13) "Grievance" means any allegation in whatever form alleging misconduct by a
physician;
(14) "Charge" means a specific allegation alleging a violation of a specified provision of
this chapter;
(15) "Complaint" means a formal administrative pleading that sets forth charges against
a physician and commences a formal disciplinary proceeding;
(16) As used in KRS 311.595(4), "crimes involving moral turpitude" shall mean those
crimes which have dishonesty as a fundamental and necessary element, including <br>but not limited to crimes involving theft, embezzlement, false swearing, perjury, <br>fraud, or misrepresentation;
(17) "Telehealth" means the use of interactive audio, video, or other electronic media to
deliver health care. It includes the use of electronic media for diagnosis, <br>consultation, treatment, transfer of medical data, and medical education;
(18) "Order" means a direction of the board or its panels made or entered in writing that
determines some point or directs some step in the proceeding and is not included in <br>the final order;
(19) "Agreed order" means a written document that includes but is not limited to
stipulations of fact or stipulated conclusions of law that finally resolves a grievance, <br>a complaint, or a show cause order issued informally without expectation of further <br>formal proceedings in accordance with KRS 311.591(6);
(20) "Final order" means an order issued by the hearing panel that imposes one (1) or
more disciplinary sanctions authorized by this chapter;
(21) "Letter of agreement" means a written document that informally resolves a
grievance, a complaint, or a show cause order and is confidential in accordance with <br>KRS 311.619;
(22) "Letter of concern" means an advisory letter to notify a physician that, although
there is insufficient evidence to support disciplinary action, the board believes the <br>physician should modify or eliminate certain practices and that the continuation of <br>those practices may result in action against the physician's license;
(23) "Motion to revoke probation" means a pleading filed by the board alleging that the
licensee has violated a term or condition of probation and that fixes a date and time <br>for a revocation hearing;
(24) "Revocation hearing" means a hearing conducted in accordance with KRS Chapter
13B to determine whether the licensee has violated a term or condition of probation;
(25) "Chronic or persistent alcoholic" means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic <br>consumption of alcoholic beverages resulting in the interference with the
individual's social or economic functions in the community or the loss of powers of <br>self-control regarding the use of alcoholic beverages;
(26) "Addicted to a controlled substance" means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic use of <br>any narcotic drug or controlled substance resulting in the interference with the <br>individual's social or economic functions in the community or the loss of powers of <br>self-control regarding the use of any narcotic drug or controlled substance;
(27) "Provisional permit" means a temporary permit issued to a licensee engaged in the
active practice of medicine within this Commonwealth who has admitted to <br>violating any provision of KRS 311.595 that permits the licensee to continue the <br>practice of medicine until the board issues a final order on the registration or <br>reregistration of the licensee;
(28) "Fellowship training license" means a license to practice medicine or osteopathy in
a fellowship training program as specified by the license; and
(29) "Special faculty license" means a license to practice medicine that is limited to the
extent that this practice is incidental to a necessary part of the practitioner's <br>academic appointment at an accredited medical school program or osteopathic <br>school program and any affiliated institution for which the medical school or <br>osteopathic school has assumed direct responsibility.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 175, sec. 1, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 99, sec. 585, effective June 20, 2005. -- Amended 2004 Ky. Acts <br>ch. 35, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 130, sec. 4, <br>effective July 15, 2002; and ch. 211, sec. 35, effective July 15, 2002. -- Amended <br>2000 Ky. Acts ch. 343, sec. 18, effective July 14, 2000; and ch. 376, sec. 8, effective <br>July 14, 2000. -- Amended 1998 Ky. Acts ch. 228, sec. 1, effective July 15, 1998; <br>and ch. 426, sec. 537, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 482, <br>sec. 11, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 302, sec. 5, effective <br>July 15, 1986. -- Amended 1984 Ky. Acts ch. 251, sec. 1, effective July 13, 1984. -- <br>Amended 1980 Ky. Acts ch. 188, sec. 251, effective July 15, 1980. -- Amended 1978 <br>Ky. Acts ch. 107, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, <br>Art. VI, sec. 90(9); and ch. 331, sec. 1. -- Amended 1972 Ky. Acts ch. 218, sec. 5. -- <br>Amended 1968 Ky. Acts ch. 152, sec. 146. -- Amended 1958 Ky. Acts ch. 126, <br>sec. 29. -- Created 1952 Ky. Acts ch. 150, sec. 1.
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