2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.550 Definitions for KRS 311.530 to 311.620 and KRS 311.990(4) to (6).
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311.550 Definitions for KRS 311.530 to 311.620 and KRS 311.990(4) to (6).
As used in KRS 311.530 to 311.620 and KRS 311.990(4) to (6):
(1) "Board" means the State Board of Medical Licensure;
(2) "President" means the president of the State Board of Medical Licensure;
(3) "Secretary" means the secretary of the State Board of Medical Licensure;
(4) "Executive director" means the executive director of the State Board of Medical
Licensure or any assistant executive directors appointed by the board;
(5) "General counsel" means the general counsel of the State Board of Medical
Licensure or any assistant general counsel appointed by the board;
(6) "Regular license" means a license to practice medicine or osteopathy at any
place in this state;
(7) "Limited license" means a license to practice medicine or osteopathy in a
specific institution or locale to the extent indicated in the license;
(8) "Temporary permit" means a permit issued to a person who has applied for a
regular license, and who appears from verifiable information in the application
to the executive director to be qualified and eligible therefor;
(9) "Emergency permit" means a permit issued to a physician currently licensed in
another state, authorizing the physician to practice in this state for the duration
of a specific medical emergency, not to exceed thirty (30) days;
(10) Except as provided in subsection (11) of this section, the "practice of medicine
or osteopathy" means the diagnosis, treatment, or correction of any and all
human conditions, ailments, diseases, injuries, or infirmities by any and all
means, methods, devices, or instrumentalities;
(11) The "practice of medicine or osteopathy" does not include the practice of
Christian Science, the domestic administration of family remedies, the
rendering of first aid or medical assistance in an emergency in the absence of
a person licensed to practice medicine or osteopathy under the provisions of
this chapter, the use of automatic external defibrillators in accordance with the
provisions of KRS 311.665 to 311.669, the practice of podiatry as defined in
KRS 311.380, the practice of a midlevel health care practitioner as defined in
KRS 216.900, the practice of dentistry as defined in KRS 313.010, the practice
of optometry as defined in KRS 320.210, the practice of chiropractic as defined
in subsection (2) of KRS 312.015, the practice as a nurse as defined in KRS
314.011, the practice of physical therapy as defined in KRS 327.010, the
performance of duties for which they have been trained by paramedics
licensed under KRS Chapter 311A, first responders, or emergency medical
technicians certified under Chapter 311A, the practice of pharmacy by persons
licensed and registered under KRS 315.050, the sale of drugs, nostrums,
patented or proprietary medicines, trusses, supports, spectacles, eyeglasses,
lenses, instruments, apparatus, or mechanisms that are intended, advertised,
or represented as being for the treatment, correction, cure, or relief of any
human ailment, disease, injury, infirmity, or condition, in regular mercantile
establishments, or the practice of midwifery by women. KRS 311.530 to
311.620 shall not be construed as repealing the authority conferred on the
Cabinet for Health and Family Services by KRS Chapter 211 to provide for the
instruction, examination, licensing, and registration of all midwives through
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county health officers;
"Physician" means a doctor of medicine or a doctor of osteopathy;
"Grievance" means any allegation in whatever form alleging misconduct by a
physician;
"Charge" means a specific allegation alleging a violation of a specified
provision of this chapter;
"Complaint" means a formal administrative pleading that sets forth charges
against a physician and commences a formal disciplinary proceeding;
As used in KRS 311.595(4), "crimes involving moral turpitude" shall mean
those crimes which have dishonesty as a fundamental and necessary element,
including but not limited to crimes involving theft, embezzlement, false
swearing, perjury, fraud, or misrepresentation;
"Telehealth" means the use of interactive audio, video, or other electronic
media to deliver health care. It includes the use of electronic media for
diagnosis, consultation, treatment, transfer of medical data, and medical
education;
"Order" means a direction of the board or its panels made or entered in writing
that determines some point or directs some step in the proceeding and is not
included in the final order;
"Agreed order" means a written document that includes but is not limited to
stipulations of fact or stipulated conclusions of law that finally resolves a
grievance, a complaint, or a show cause order issued informally without
expectation of further formal proceedings in accordance with KRS 311.591(6);
"Final order" means an order issued by the hearing panel that imposes one (1)
or more disciplinary sanctions authorized by this chapter;
"Letter of agreement" means a written document that informally resolves a
grievance, a complaint, or a show cause order and is confidential in
accordance with KRS 311.619;
"Letter of concern" means an advisory letter to notify a physician that, although
there is insufficient evidence to support disciplinary action, the board believes
the physician should modify or eliminate certain practices and that the
continuation of those practices may result in action against the physician's
license;
"Motion to revoke probation" means a pleading filed by the board alleging that
the licensee has violated a term or condition of probation and that fixes a date
and time for a revocation hearing;
"Revocation hearing" means a hearing conducted in accordance with KRS
Chapter 13B to determine whether the licensee has violated a term or condition
of probation;
"Chronic or persistent alcoholic" means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic
consumption of alcoholic beverages resulting in the interference with the
individual's social or economic functions in the community or the loss of powers
of self-control regarding the use of alcoholic beverages;
"Addicted to a controlled substance" means an individual who is suffering from
a medically diagnosable disease characterized by chronic, habitual, or periodic
use of any narcotic drug or controlled substance resulting in the interference
with the individual's social or economic functions in the community or the loss
of powers of self-control regarding the use of any narcotic drug or controlled
substance;
(27) "Provisional permit" means a temporary permit issued to a licensee engaged in
the active practice of medicine within this Commonwealth who has admitted to
violating any provision of KRS 311.595 that permits the licensee to continue
the practice of medicine until the board issues a final order on the registration
or reregistration of the licensee;
(28) "Fellowship training license" means a license to practice medicine or
osteopathy in a fellowship training program as specified by the license; and
(29) "Special faculty license" means a license to practice medicine that is limited to
the extent that this practice is incidental to a necessary part of the practitioner's
academic appointment at an accredited medical school program or osteopathic
school program and any affiliated institution for which the medical school or
osteopathic school has assumed direct responsibility.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 175, sec. 1, effective July 12, 2006. -Amended 2005 Ky. Acts ch. 99, sec. 585, effective June 20, 2005. -- Amended
2004 Ky. Acts ch. 35, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts
ch. 130, sec. 4, effective July 15, 2002; and ch. 211, sec. 35, effective July 15,
2002. -- Amended 2000 Ky. Acts ch. 343, sec. 18, effective July 14, 2000; and
ch. 376, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 228,
sec. 1, effective July 15, 1998; and ch. 426, sec. 537, effective July 15, 1998. -Amended 1990 Ky. Acts ch. 482, sec. 11, effective July 13, 1990. -- Amended
1986 Ky. Acts ch. 302, sec. 5, effective July 15, 1986. -- Amended 1984 Ky.
Acts ch. 251, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188,
sec. 251, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 107, sec. 1,
effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 90(9);
and ch. 331, sec. 1. -- Amended 1972 Ky. Acts ch. 218, sec. 5. -- Amended
1968 Ky. Acts ch. 152, sec. 146. -- Amended 1958 Ky. Acts ch. 126, sec. 29. -Created 1952 Ky. Acts ch. 150, sec. 1.
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