2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.592 Emergency order suspending, limiting, or restricting license -- Hearing.
Download as PDF
311.592 Emergency order suspending, limiting, or restricting license -Hearing.
(1)
(2)
(3)
(4)
At any time when an inquiry panel has probable cause to believe that a
physician has violated the terms of an agreed order or violated the terms of a
disciplinary order, or a physician's practice constitutes a danger to the health,
welfare, and safety of his 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's license.
For the purposes of a hearing conducted under KRS 13B.125 on an
emergency order issued under subsection (1) of 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 or a motion to
revoke probation or an order of indefinite restriction or limitation. The inquiry
panel shall issue a complaint or a motion to revoke probation or indefinite
restriction or limitation 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 is served on the charged physician pursuant to
the proceeding on the complaint or on the motion to revoke. An appeal of an
emergency order shall not prejudice the board from proceeding upon the
complaint or the motion to revoke.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 175, sec. 3, effective July 12, 2006. -Amended 2002 Ky. Acts ch. 130, sec. 15, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 318, sec. 256, effective July 15, 1996. -- Amended 1994 Ky.
Acts ch. 190, sec. 7, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 302,
sec. 9, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 251, sec. 5,
effective July 13, 1984.
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.
