2015 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.852 Emergency order issued by inquiry panel suspending, limiting, or restricting license.
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311.852
Emergency order issued by inquiry panel suspending, limiting, or
restricting license.
(1)
(2)
(3)
(4)
At any time when an inquiry panel established under KRS 311.591 has probable
cause to believe that a physician assistant 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
a physician assistant's practice constitutes a danger to the health, welfare, or safety
of his or her 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 assistant's license.
For the purposes of a hearing conducted under KRS 13B.125 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
become void.
An order of temporary suspension, restriction, or limitation shall not be maintained
after a final order as defined in KRS 311.550(20) is served on the charged physician
assistant 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 12, 2006
History: Amended 2006 Ky. Acts ch. 78, sec. 8, effective July 12, 2006. -- Created
2002 Ky. Acts ch. 130, sec. 29, effective July 15, 2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 78, sec. 11,
provides: "A physician assistant who is certified in Kentucky and in good standing on
the effective date of this Act [July 12, 2006] shall automatically be licensed under
Sections 1 to 10 of this Act [KRS 311.840, 311.842, 311.844, 311.845, 311.846,
311.848, 311.850, 311.852, 311.856, and 311.862] and shall be issued a physician
assistant license upon annual renewal."
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