2015 Kentucky Revised Statutes
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311.686 Emergency order suspending, limiting, or restricting license -- Complaint
and hearing -- Procedural rules for hearing -- Emergency order invalid after
issuance of final order.
At any time when an inquiry panel established under KRS 311.591 has probable
cause to believe that an acupuncturist has violated the terms of an agreed order as
defined in KRS 311.550(19), or violated the terms of a disciplinary order, or that an
acupuncturist's practice constitutes a danger to the health, welfare, or safety of
patients or the general public, the inquiry panel may issue an emergency order in
accordance with KRS 13B.125 suspending, limiting, or restricting the
For the purposes of a hearing conducted under KRS 311.592 on an emergency order
issued under 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. The inquiry panel shall issue a
complaint prior to the date of the emergency hearing or the emergency order shall
An emergency order suspending, limiting, or restricting a license shall not be
maintained after a final order as defined in KRS 311.550(20) is served on the
charged acupuncturist pursuant to the proceeding on the complaint. An appeal of an
emergency order shall not prejudice the board from proceeding with the complaint.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 24, sec. 14, effective July 15, 2014. -- Created
2006 Ky. Acts ch. 249, sec. 16, effective July 12, 2006.
CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS
311.686 Emergency order suspending, limiting, or restricting license -- Complaint and hearing -- Procedural rules for hearing -- Emergency order invalid after issuance of final order.
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