2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.592 Emergency order suspending, limiting, or restricting license -- Hearing.
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311.592 Emergency order suspending, limiting, or restricting license -- Hearing.
(1) At any time when an inquiry panel has probable cause to believe that a physician
has violated the terms of an agreed order or violated the terms of a disciplinary <br>order, or a physician's practice constitutes a danger to the health, welfare, and safety <br>of his patients or the general public, the inquiry panel may issue an emergency <br>order, in accordance with KRS 13B.125, suspending, limiting, or restricting the <br>physician's license.
(2) For the purposes of a hearing conducted under KRS 13B.125 on an emergency
order issued under subsection (1) of this section, the findings of fact in the <br>emergency order shall constitute a rebuttable presumption of substantial evidence of <br>a violation of law that constitutes immediate danger to the health, welfare, or safety <br>of patients or the general public. For the purposes of this hearing only, hearsay shall <br>be admissible and may serve as a basis of the board's findings.
(3) An emergency order as described in subsection (1) of this section shall not be issued
unless grounds exist for the issuance of a complaint or a motion to revoke probation <br>or an order of indefinite restriction or limitation. The inquiry panel shall issue a <br>complaint or a motion to revoke probation or indefinite restriction or limitation <br>prior to the date of the emergency hearing or the emergency order shall become <br>void.
(4) An order of temporary suspension, restriction, or limitation shall not be maintained
after a final order is served on the charged physician pursuant to the proceeding on <br>the complaint or on the motion to revoke. An appeal of an emergency order shall <br>not prejudice the board from proceeding upon the complaint or the motion to <br>revoke.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 175, sec. 3, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 130, sec. 15, effective July 15, 2002. -- Amended 1996 Ky. Acts <br>ch. 318, sec. 256, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 190, sec. 7, <br>effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 302, sec. 9, effective July 15, <br>1986. -- Created 1984 Ky. Acts ch. 251, sec. 5, effective July 13, 1984.
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