2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.591 Inquiry and hearing panels -- Grievances -- Review by inquiry panel -- Complaints -- Hearing by hearing panel -- Final order -- Discipline -- Release of information -- Privacy.
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311.591 Inquiry and hearing panels -- Grievances -- Review by inquiry panel -Complaints -- Hearing by hearing panel -- Final order -- Discipline -Release of information -- Privacy.
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The president of the board shall divide the membership of the board, excluding
himself, into two (2) panels of seven (7) members, each panel to include at
least one (1) consumer member. Each panel shall have the power to act as an
inquiry or a hearing panel. The president shall not be a permanent member of
either panel, but shall have the power to render the deciding vote whenever a
tie vote is rendered by either panel and shall have the power to serve as a
member of either panel when necessary to achieve a quorum by majority.
Grievances may be submitted by an individual (including board members),
organization, or entity. Each grievance shall be investigated as necessary and
the executive director shall assign each grievance to an inquiry panel. All
inquiry panels and the executive director shall have the power to issue
investigatory subpoenas for the appearance of any person or production of any
record, document, or other item within the jurisdiction of the Commonwealth.
The panel or executive director may seek enforcement of investigatory
subpoenas and search warrants in the courts of the Commonwealth as may be
necessary.
Upon completion of its inquiry, the inquiry panel shall make a finding that:
(a) There is no evidence of a violation of any medical practice act and no
further action is necessary;
(b) There is insufficient evidence of a violation to warrant the issuance of a
complaint, but that there is evidence of a practice or activity that requires
modification and the panel may issue a letter of concern under KRS
311.550(22). The letter of concern shall be a public document and may be
used in future disciplinary actions against the physician;
(c) The grievance discloses an instance of misconduct which does not
warrant the issuance of a complaint; in these instances, the panel may
admonish the physician for his misconduct; or
(d) The grievance discloses one (1) or more violations of the provisions of
this chapter which warrant the issuance of a complaint; in these
instances, the panel shall cause a complaint to be prepared, signed by
the presiding officer, which shall contain sufficient information to apprise
the named physician of the general nature of the charges.
The inquiry panel shall cause a complaint to be served on the charged
physician by personal delivery or by certified mail to the physician's last
address of which the board has record. The physician shall submit a response
within thirty (30) days after service. Failure to submit a timely response or willful
avoidance of service may be taken by the board as an admission of the
charges.
Upon the issuance of the complaint, the executive director shall assign the
matter for an administrative hearing by a hearing panel. No member who
served on the inquiry panel may also serve as a member of the hearing panel.
The hearing panel or the hearing officer on behalf of the panel shall preside
over all proceedings pursuant to the issuance of a complaint.
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The board may promulgate administrative regulations regarding the informal
disposition of any complaint, and an informal disposition may be made at any
stage of the proceeding.
Upon completion of an administrative hearing, the hearing panel shall issue a
final order that:
(a) Dismisses the complaint upon a conclusion that the provisions of this
chapter have not been violated;
(b) Finds a violation of the provisions of this chapter, but does not impose
discipline because the panel does not believe discipline to be necessary
under the circumstances; or
(c) Imposes discipline upon the licensee; in these instances, the panel may
revoke, suspend, restrict, deny, or limit a license, or may reprimand a
licensee or place a licensee on probation under terms the panel may
establish to protect the licensee, his patients, or the general public. The
hearing panel may impose a fine whenever it finds that a violation of this
chapter has occurred. If the board substantiates that sexual contact
occurred between the physician and the patient while the patient was
under the care of or in a professional relationship with the physician, the
physician's license may be revoked or suspended with mandatory
treatment of the physician as prescribed by the board. The board may
require the physician to pay a specified amount for mental health services
for the patient which are needed as a result of the sexual contact. The
hearing panel's order shall be considered the final order of the board
regarding the matter.
Regardless of the restrictions on public disclosure of information established in
subsection (9) of this section, the board may order information derived from
any investigation or inquiry be released to the physician licensure authority of
another state or to any health care or mental health care facility licensed and
regulated by the Commonwealth of Kentucky upon a showing that the
information is necessary to determine the propriety of a physician practicing in
a particular state or facility.
The presiding officer at any proceeding held pursuant to a complaint or show
cause order shall take whatever measures are necessary to protect the privacy
interests of individuals other than the charged physician upon a showing that
evidence is to be introduced, the public disclosure of which would constitute a
clear invasion of personal privacy. It is the general policy of the Commonwealth
that administrative proceedings should be open to the public. Therefore, in
applying this subsection, the presiding officer shall balance the competing
interests and employ the least restrictive measures available to protect the
privacy interests involved.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 130, sec. 13, effective July 15, 2002. -Amended 1996 Ky. Acts ch. 318, sec. 255, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 190, sec. 6, effective July 15, 1994; ch. 265, sec. 4, effective
July 15, 1994; and ch. 470, sec. 4, effective July 15, 1994. -- Amended 1986 Ky.
Acts ch. 302, sec. 8, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 251,
sec. 4, effective July 13, 1984.
Legislative Research Commission Note (7/15/94). This statute was amended by
1994 Ky. Acts chs. 265 and 470, which were companion bills and are
substantively identical. These Acts have been codified together. For the few
minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250, as
the Act which passed the General Assembly last. 1994 Ky. Acts ch. 190, sec. 6
is not in conflict with these two Acts and has been codified together with them.
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