2020 Kentucky Revised Statutes Chapter 311 - Physicians, osteopaths, podiatrists, and related medical practitioners 311.597 Acts declared to constitute dishonorable, unethical, or unprofessional conduct.
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311.597 Acts declared to constitute dishonorable, unethical, or unprofessional
conduct.
As used in KRS 311.595(9), "dishonorable, unethical, or unprofessional conduct of a
character likely to deceive, defraud, or harm the public or any member thereof" shall
include but not be limited to the following acts by a licensee:
(1) Prescribes or dispenses any medication:
(a) With the intent or knowledge that a medication will be used or is likely to be
used other than medicinally or for an accepted therapeutic purpose;
(b) With the intent to evade any law with respect to sale, use, or disposition of the
medication;
(c) For the licensee's personal use or for the use of his immediate family when the
licensee knows or has reason to know that an abuse of a controlled substance
is occurring, or may result from such a practice;
(d) In such amounts that the licensee knows or has reason to know, under the
attendant circumstances, that said amounts so prescribed or dispensed are
excessive under accepted and prevailing medical practice standards; or
(e) In response to any communication transmitted or received by computer or
other electronic means, when the licensee fails to take the following actions to
establish and maintain a proper physician-patient relationship:
1.
Verification that the person requesting medication is in fact who the
patient claims to be;
2.
Establishment of a documented diagnosis through the use of accepted
medical practices; and
3.
Maintenance of a current medical record.
For the purposes of this paragraph, an electronic, on-line, or telephonic
evaluation by questionnaire is inadequate for the initial evaluation of the
patient or for any follow-up evaluation.
(2) Issues, publishes, or makes oral or written representations in which grossly
improbable or extravagant statements are made which have a tendency to deceive or
defraud the public, or a member thereof, including but not limited to:
(a) Any representation in which the licensee claims that he can cure or treat
diseases, ailments, or infirmities by any method, procedure, treatment, or
medicine which the licensee knows or has reason to know has little or no
therapeutic value;
(b) Represents or professes or holds himself out as being able and willing to treat
diseases, ailments, or infirmities under a system or school of practice:
1.
Other than that for which he holds a certificate or license granted by the
board, or
2.
Other than that for which he holds a degree or diploma from a school
otherwise recognized as accredited by the board, or
3.
Under a school or system which he professes to be self-taught.
(3)
(4)
(5)
(6)
(7)
For purposes of this subsection, actual injury to a patient need not be established.
A serious act, or a pattern of acts committed during the course of his medical
practice which, under the attendant circumstances, would be deemed to be gross
incompetence, gross ignorance, gross negligence, or malpractice.
Conduct which is calculated or has the effect of bringing the medical profession
into disrepute, including but not limited to any departure from, or failure to conform
to the standards of acceptable and prevailing medical practice within the
Commonwealth of Kentucky, and any departure from, or failure to conform to the
principles of medical ethics of the American Medical Association or the code of
ethics of the American Osteopathic Association. For the purposes of this subsection,
actual injury to a patient need not be established.
Failure by a licensee to report a known or observed violation of KRS Chapter 311
by another licensee as described in KRS 311.606.
Violation by a licensee of KRS 304.39-215.
Conduct by a licensee that is subject to the penalties under KRS 304.99-060(4) or
(5).
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 7, effective June 27, 2019. -- Amended
2002 Ky. Acts ch. 130, sec. 17, effective July 15, 2002. -- Amended 1994 Ky. Acts
ch. 190, sec. 10, effective July 15, 1994; ch. 265, sec. 13, effective July 15, 1994;
and ch. 470, sec. 13, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 441, sec.
24, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 188, sec. 254, effective
July 15, 1980. -- Created 1978 Ky. Acts ch. 107, sec. 6, effective June 17, 1978.
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. 10 is not in conflict with
these two Acts and has been codified together with them.
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