2013 Kentucky Revised Statutes CHAPTER 313 - DENTISTS AND DENTAL SPECIALISTS 313.085 Law Enforcement Committee -- Emergency order for suspension of license or certificate -- Appeals.
Download as PDF
313.085 Law Enforcement Committee -- Emergency order for suspension of
license or certificate -- Appeals.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The Law Enforcement Committee shall consist of three (3) members of the
board, including at least two (2) licensed dentists, appointed by the president of
the board.
The Law Enforcement Committee may, by a majority vote, issue an emergency
order for the immediate temporary suspension of a license or certificate against
which disciplinary action or an investigation is pending if the order is necessary
to protect the public.
The emergency order shall be made in accordance with KRS 13B.125 and
shall be based upon a finding by the board that the emergency order is in the
public interest and there is substantial evidence of immediate danger to the
health, welfare, and safety of any patient or the general public.
A licensee may appeal the emergency order by a written request to the board
for an emergency hearing in accordance with KRS 13B.125 within thirty (30)
days after receipt of the order.
The appeal of an emergency order shall address only the necessity for the
action and shall not constitute an appeal of the merits of the underlying
complaint or charge.
The emergency order shall remain in effect until modified or vacated by the
Law Enforcement Committee or hearing officer or superseded by final
disciplinary action of the Law Enforcement Committee or hearing officer on the
underlying complaint or charge.
The Law Enforcement Committee shall expedite disciplinary hearings in which
a license has been suspended under subsection (2) of this section.
Any party aggrieved by a final order of the board may appeal the final order to
the Circuit Court of the county in which the licensee or certificate holder resides
after a written decision is rendered.
Effective:July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 14, effective July 15,
2010. -- Created 1964 Ky. Acts ch. 12, sec. 7.
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.