311.852 Emergency order issued by inquiry panel suspending, limiting, or

265 words·~1 min read·/ky/311-852

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

restricting license.

(1)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.

(2)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.

(3)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.

(4)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.