2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.685 Hearing required before imposition of sanctions -- Right to hearing and appeal -- Petition for reissuance of revoked certificate -- Probation -- Decisions of board not subject to judicial review.
Page 1 of 2
311.685 Hearing required before imposition of sanctions -- Right to hearing and
appeal -- Petition for reissuance of revoked certificate -- Probation -- Decisions <br>of board not subject to judicial review.
(1) The board, before suspending, revoking, imposing probationary or supervisory
conditions upon a certified acupuncturist, imposing an administrative fine, issuing a <br>written reprimand, or any combination of these actions regarding any certified <br>acupuncturist under KRS 311.671 to 311.686, shall set the matter for a hearing <br>under the provisions of KRS Chapter 13B.
(2) After denying an application under KRS 311.671 to 311.686 or issuing a written
admonishment, the board, at the request of the aggrieved party, shall grant a hearing <br>under the provisions of KRS Chapter 13B.
(3) Except for final orders denying an initial application or renewal for certification or
final orders issued pursuant to KRS 13B.125(3), all final orders of the board <br>affecting an acupuncturist's certificate shall become effective thirty (30) days after <br>notice is given to the certificate holder unless otherwise agreed; however, the <br>board's panels may provide that a final order be effective immediately when, in the <br>panel's opinion, based upon sufficient reasonable cause, the health, welfare, and <br>safety of patients or the general public would be endangered by delay.
(4) Any acupuncturist who is aggrieved by a final order of the board denying an initial
or renewal application for certification or rendering disciplinary action against a <br>certificate holder may seek judicial review of the order by filing a petition with the <br>Circuit Court of the county in which the board's offices are located in accordance <br>with KRS Chapter 13B. Decisions of the board's panels relating to petitions for <br>reinstatement of revoked certificates are not final orders for purposes of this statute, <br>and are not subject to judicial review.
(5) The court shall not award injunctive relief against the board without providing the
board with the reasonable opportunity to be heard.
(6) An acupuncturist whose certificate has been revoked may, after five (5) years from
the effective date of the revocation order, petition the board to reissue the certificate <br>to again practice acupuncture in the Commonwealth of Kentucky.
(7) The board shall not be required to issue a new certificate, and a decision of the
board not to reissue a certificate shall not be subject to judicial review. A certificate <br>shall not be reissued following a petition under subsection (6) of this section unless <br>the former certificate holder satisfies the board that he or she is presently of good <br>moral character and qualified both physically and mentally to resume the practice of <br>medicine without undue risk or danger to patients or the public.
(8) In the event the board reissues a revoked certificate under the circumstances as
described in this section, the reissued certificate shall be under probation for a <br>period of not less than two (2) years nor more than five (5) years with conditions <br>fixed by the board, including a condition that any violation of the remaining <br>conditions of probation shall result in automatic revocation of the certificate.
Effective: July 12, 2006 <br>History: Created 2006 Ky. Acts ch. 249, sec. 15, effective July 12, 2006.
Page 2 of 2
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 249 related to
the regulation of the practice of acupuncture. However, in 2006 Ky. Acts ch. 249, <br>sec. 15, subsec. 7, the drafter of that Act inadvertently included a reference to the <br>"practice of medicine" in the second sentence of that subsection. It is clear to the <br>Reviser of Statutes that reference should have read "practice of acupuncture;" <br>however, since it could not be corrected as a manifest clerical or typographical error <br>under the authority of KRS 7.136(1)(h), subsection (7) of this statute retains the <br>reference as it appeared in 2006 Ky. Acts ch. 249.
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.
