2015 Kentucky Revised Statutes
Download as PDF
311.685 Hearing required before imposition of sanctions -- Right to hearing and
appeal -- Petition for reissuance of revoked license -- Probation -- Decisions of
board not subject to judicial review.
The board, before suspending, revoking, imposing probationary or supervisory
conditions upon a licensed acupuncturist, imposing an administrative fine, issuing a
written reprimand, or any combination of these actions regarding any licensed
acupuncturist under KRS 311.671 to 311.686, shall set the matter for a hearing
under the provisions of KRS Chapter 13B.
After denying an application under KRS 311.671 to 311.686 or issuing a written
admonishment, the board, at the request of the aggrieved party, shall grant a hearing
under the provisions of KRS Chapter 13B.
Except for final orders denying an initial application or renewal for licensure or
final orders issued pursuant to KRS 13B.125(3), all final orders of the board
affecting an acupuncturist's license shall become effective thirty (30) days after
notice is given to the license holder unless otherwise agreed; however, the board's
panels may provide that a final order be effective immediately when, in the panel's
opinion, based upon sufficient reasonable cause, the health, welfare, and safety of
patients or the general public would be endangered by delay.
Any acupuncturist who is aggrieved by a final order of the board denying an initial
or renewal application for licensure or rendering disciplinary action against a
license holder may seek judicial review of the order by filing a petition with the
Circuit Court of the county in which the board's offices are located in accordance
with KRS Chapter 13B. Decisions of the board's panels relating to petitions for
reinstatement of revoked licenses are not final orders for purposes of this statute,
and are not subject to judicial review.
The court shall not award injunctive relief against the board without providing the
board with the reasonable opportunity to be heard.
An acupuncturist whose license has been revoked may, after five (5) years from the
effective date of the revocation order, petition the board to reissue the license to
again practice acupuncture in the Commonwealth of Kentucky.
The board shall not be required to issue a new license, and a decision of the board
not to reissue a license shall not be subject to judicial review. A license shall not be
reissued following a petition under subsection (6) of this section unless the former
license holder satisfies the board that he or she is presently of good moral character
and qualified both physically and mentally to resume the practice of medicine
without undue risk or danger to patients or the public.
In the event the board reissues a revoked license under the circumstances as
described in this section, the reissued license shall be under probation for a period
of not less than two (2) years nor more than five (5) years with conditions fixed by
the board, including a condition that any violation of the remaining conditions of
probation shall result in automatic revocation of the license.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 24, sec. 13, effective July 15, 2014. -- Created
2006 Ky. Acts ch. 249, sec. 15, effective July 12, 2006.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 249 related to
the regulation of the practice of acupuncture. However, in 2006 Ky. Acts ch. 249,
sec. 15, subsec. 7, the drafter of that Act inadvertently included a reference to the
"practice of medicine" in the second sentence of that subsection. It is clear to the
Reviser of Statutes that reference should have read "practice of acupuncture;"
however, since it could not be corrected as a manifest clerical or typographical error
under the authority of KRS 7.136(1)(h), subsection (7) of this statute retains the
reference as it appeared in 2006 Ky. Acts ch. 249.
CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS
311.685 Hearing required before imposition of sanctions -- Right to hearing and appeal -- Petition for reissuance of revoked license -- Probation -- Decisions of board not subject to judicial review.
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.