There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS
311.565 Powers and functions of board -- Fees -- Fines -- Guidelines and training for allegations of sexual misconduct by professionals.
Download pdfwhich shall include but not be limited to promulgation of reasonable
administrative regulations enabling the board to regulate the conduct of its
licensees; (b) Promulgate reasonable administrative regulations establishing moral, physical, intellectual, educational, scientific, technical, and professional qualifications
of applicants for licenses and permits that may be issued by the board; (c) Issue, deny, suspend, limit, restrict, and revoke any licenses or permits that may be issued by the board, and to reprimand or to place licensees on
probation, in compliance with the provisions of KRS 311.530 to 311.620; (d) Appoint an executive director and assistant executive directors and fix their compensation. The executive director shall oversee the work of the board,
shall be authorized to discharge the duties of the secretary, as provided by
KRS 311.530 to 311.620, and shall carry out the duties of the executive
director as set forth elsewhere in this chapter; (e) Appoint a general counsel and assistant general counsel and fix their compensation; (f) Appoint investigatory personnel and fix their compensation;
(g) Appoint one (1) or more hearing officers, who need not be members of the board, and fix their compensation. Every hearing officer shall be vested with
the full and complete power and authority of the board to schedule and
conduct hearings on behalf of and in the name of the board on all matters
referred for hearing by the board or secretary thereof, including, among other
things, proceedings for placing licensees on probation and for limitation,
suspension, and revocation of licenses. All administrative hearings conducted
by the board, a member of the board, or a hearing officer appointed by the
board, shall be conducted in accordance with KRS Chapter 13B. No hearing
officer shall be empowered to place any licensee on probation or to issue,
refuse, suspend, limit, or revoke any license; (h) Appoint committees of licensees, who need not be board members, to review issues of public or medical interest before the board and to make
recommendations to the board on the issues; (i) Promulgate administrative regulations to promote the efficient and fair conduct of disciplinary proceedings; (j) Promulgate a code of conduct governing the practice of medicine and osteopathy, which shall be based upon generally recognized principles of
professional ethical conduct; Page 2 of 3 (k) Utilize the services and facilities of professional organizations, and procure and receive the assistance and recommendations of professional organizations
in administering KRS 311.530 to 311.620; (l) Make its personnel and facilities available to other governmental entities under mutually agreeable terms and conditions; (m) Issue regular licenses without further testing by endorsement from another state having qualifications and standards at least as high as those of this state
or by endorsement from the National Board of Medical Examiners, the
National Board of Examiners for Osteopathic Physicians and Surgeons, the
National Joint Committee of Preregistration Physician Training Programs, or
any approved successors thereof; (n) Issue and renew regular licenses to practice medicine or osteopathy in accordance with KRS 311.530 to 311.620 and any reasonable regulations of
the board; (o) Issue and renew, or refuse to issue or renew, or cancel and terminate limited licenses pursuant to administrative regulations promulgated by the board;
provided however, no person who held a limited license for institutional
practice or general practice as of September 1, 1972, shall be denied the
renewal of that limited license for nondisciplinary reasons; (p) Appoint examiners, who need not be members of the board, and employ or contract with the Federation of State Medical Boards of the United States,
Inc., or the National Board of Medical Examiners or other organizations,
agencies, or individuals to prepare examination questions and grade
examination papers; (q) Determine the schools, colleges, universities, institutions, and training acceptable in connection with licensure under KRS 311.530 to 311.620; (r) Prescribe the time, place, method, manner, scope, and content of examinations; (s) Prescribe all forms which it considers appropriate, and require the submission of photographs, fingerprints, and personal history data; (t) Require a criminal background investigation of all persons applying for licensure at the time of initial application, and at other times at the request of
the board for good cause shown, by means of a fingerprint check by the
Department of Kentucky State Police and Federal Bureau of Investigation; (u) Prescribe and collect reasonable fees and charges for examinations, directories, and the issuance and renewal of licenses and permits; and (v) Impose fines of not greater than five thousand dollars ($5,000) per violation and require the licensee to reimburse the board for the costs of the
administrative proceedings including consultant fees, upon a finding pursuant
to disciplinary proceedings that the licensee has violated any provision of
KRS 311.595 to 311.597 or duly promulgated disciplinary regulation of the
board. Page 3 of 3 (2) The board shall develop specific guidelines to follow upon receipt of an allegation of sexual misconduct by a physician licensed by the board. The guidelines shall
include investigation, inquiry, and hearing procedures which ensure that the process
does not revictimize the alleged victim or cause harm if a physician is falsely
accused. (3) The board, the hearing officer, and investigators hired by the board shall receive training on the dynamics of sexual misconduct of professionals, including the nature
of this abuse of authority, characteristics of the offender, the impact on the victim,
the possibility and the impact of false accusations, investigative procedure in sex
offense cases, and effective intervention with victims and offenders. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 294, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 27, sec. 1, effective June 24, 2003. -- Amended 2002 Ky. Acts
ch. 130, sec. 6, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 228, sec. 3,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 254, effective July
15, 1996. -- Amended 1994 Ky. Acts ch. 265, sec. 3, effective July 15, 1994; and
ch. 470, sec. 3, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 109, sec. 1,
effective July 15, 1986; and ch. 302, sec. 6, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 251, sec. 2, effective July 13, 1984. -- Amended 1972 Ky. Acts
ch. 218, sec. 8. -- Created 1952 Ky. Acts ch. 150, sec. 5, effective June 19, 1952. Legislative Research Commission Note (7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively
identical. These Acts have been codified together. For the few minor variations
between the Acts, Acts ch. 470 prevails under KRS 446.250, as the Act which passed
the General Assembly last.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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