2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.852 Emergency order issued by inquiry panel suspending, limiting, or restricting license.
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311.852 Emergency order issued by inquiry panel suspending, limiting, or
restricting license.
(1)
(2)
(3)
(4)
At any time when an inquiry panel established under KRS 311.591 has
probable cause to believe that a physician assistant has violated the terms of
an agreed order as defined in KRS 311.550(19), or violated the terms of a
disciplinary order, or that a physician assistant's practice constitutes a danger
to the health, welfare, or safety of his or her patients or the general public, the
inquiry panel may issue an emergency order in accordance with KRS 13B.125
suspending, limiting, or restricting the physician assistant's license.
For the purposes of a hearing conducted under KRS 13B.125 on an
emergency order issued under this section, the findings of fact in the
emergency order shall constitute a rebuttable presumption of substantial
evidence of a violation of law that constitutes immediate danger to the health,
welfare, or safety of patients or the general public. For the purposes of this
hearing only, hearsay shall be admissible and may serve as a basis of the
board's findings.
An emergency order as described in subsection (1) of this section shall not be
issued unless grounds exist for the issuance of a complaint. The inquiry panel
shall issue a complaint prior to the date of the emergency hearing or the
emergency order shall become void.
An order of temporary suspension, restriction, or limitation shall not be
maintained after a final order as defined in KRS 311.550(20) is served on the
charged physician assistant pursuant to the proceeding on the complaint. An
appeal of an emergency order shall not prejudice the board from proceeding
with the complaint.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 78, sec. 8, effective July 12, 2006. -- Created
2002 Ky. Acts ch. 130, sec. 29, effective July 15, 2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 78,
sec. 11, provides: "A physician assistant who is certified in Kentucky and in
good standing on the effective date of this Act [July 12, 2006] shall automatically
be licensed under Sections 1 to 10 of this Act [KRS 311.840, 311.842, 311.844,
311.845, 311.846, 311.848, 311.850, 311.852, 311.856, and 311.862] and shall
be issued a physician assistant license upon annual renewal."
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