2015 Kentucky Revised Statutes
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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.
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.
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
(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
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,
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.
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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