311.550 Definitions for KRS 311.530 to 311.620 and 311.990(4) to (6).
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/ky/chapter-311/311-550A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 311.530 to 311.620 and 311.990(4) to (6):
(1)"Board" means the State Board of Medical Licensure;
(2)"President" means the president of the State Board of Medical Licensure;
(3)"Secretary" means the secretary of the State Board of Medical Licensure;
(4)"Executive director" means the executive director of the State Board of Medical
Licensure or any assistant executive directors appointed by the board;
(5)"General counsel" means the general counsel of the State Board of Medical
Licensure or any assistant general counsel appointed by the board;
(6)"Regular license" means a license to practice medicine or osteopathy at any place in
this state;
(7)"Limited license" means a license to practice medicine or osteopathy in a specific
institution or locale to the extent indicated in the license;
(8)"Temporary permit" means a permit issued to a person who has applied for a regular
license, and who appears from verifiable information in the application to the
executive director to be qualified and eligible therefor;
(9)"Emergency permit" means a permit issued to a physician currently licensed in
another state, authorizing the physician to practice in this state for the duration of a
specific medical emergency, not to exceed thirty
(30)days;
(10)Except as provided in subsection
(11)of this section, the "practice of medicine or
osteopathy" means the diagnosis, treatment, or correction of any and all human
conditions, ailments, diseases, injuries, or infirmities by any and all means,
methods, devices, or instrumentalities;
(11)The "practice of medicine or osteopathy" does not include the practice of Christian
Science, the domestic administration of family remedies, the rendering of first aid
or medical assistance in an emergency in the absence of a person licensed to
practice medicine or osteopathy under the provisions of this chapter, the use of
automatic external defibrillators in accordance with the provisions of KRS 311.665
to 311.669, the practice of podiatry as defined in KRS 311.380, the practice of
dentistry as defined in KRS 313.010, the practice of optometry as defined in KRS
320.210, the practice of chiropractic as defined in subsection
(2)of KRS 312.015,
the practice as a nurse as defined in KRS 314.011, the practice of physical therapy
as defined in KRS 327.010, the practice of genetic counseling as defined in KRS
311.690, the performance of duties for which they have been trained by paramedics
licensed under KRS Chapter 311A, emergency medical responders, advanced
emergency medical technicians, or emergency medical technicians certified under
Chapter 311A, the practice of pharmacy by persons licensed and registered under
KRS 315.050, the sale of drugs, nostrums, patented or proprietary medicines,
trusses, supports, spectacles, eyeglasses, lenses, instruments, apparatus, or
mechanisms that are intended, advertised, or represented as being for the treatment,
correction, cure, or relief of any human ailment, disease, injury, infirmity, or
condition, in regular mercantile establishments, or the practice of midwifery, or the
provision of certified professional midwifery services by a licensed certified
professional midwife as defined in KRS 314.400;
(12)"Physician" means a doctor of medicine or a doctor of osteopathy;
(13)"Grievance" means any allegation in whatever form alleging misconduct by a
physician;
(14)"Charge" means a specific allegation alleging a violation of a specified provision of
this chapter;
(15)"Complaint" means a formal administrative pleading that sets forth charges against
a physician and commences a formal disciplinary proceeding;
(16)As used in KRS 311.595(4), "crimes involving moral turpitude" shall mean those
crimes which have dishonesty as a fundamental and necessary element, including
but not limited to crimes involving theft, embezzlement, false swearing, perjury,
fraud, or misrepresentation;
(17)"Telehealth" means the use of interactive audio, video, or other electronic media to
deliver health care. It includes the use of electronic media for diagnosis,
consultation, treatment, transfer of medical data, and medical education;
(18)"Order" means a direction of the board or its panels made or entered in writing that
determines some point or directs some step in the proceeding and is not included in
the final order;
(19)"Agreed order" means a written document that includes but is not limited to
stipulations of fact or stipulated conclusions of law that finally resolves a grievance,
a complaint, or a show cause order issued informally without expectation of further
formal proceedings in accordance with KRS 311.591(6);
(20)"Final order" means an order issued by the hearing panel that imposes one
(1)or
more disciplinary sanctions authorized by this chapter;
(21)"Letter of agreement" means a written document that informally resolves a
grievance, a complaint, or a show cause order and is confidential in accordance with
KRS 311.619;
(22)"Letter of concern" means an advisory letter to notify a physician that, although
there is insufficient evidence to support disciplinary action, the board believes the
physician should modify or eliminate certain practices and that the continuation of
those practices may result in action against the physician's license;
(23)"Motion to revoke probation" means a pleading filed by the board alleging that the
licensee has violated a term or condition of probation and that fixes a date and time
for a revocation hearing;
(24)"Revocation hearing" means a hearing conducted in accordance with KRS Chapter
13B to determine whether the licensee has violated a term or condition of probation;
(25)"Chronic or persistent alcoholic" means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic
consumption of alcoholic beverages resulting in the interference with the
individual's social or economic functions in the community or the loss of powers of
self-control regarding the use of alcoholic beverages;
(26)"Addicted to a controlled substance" means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic use of
any narcotic drug or controlled substance resulting in the interference with the
individual's social or economic functions in the community or the loss of powers of
self-control regarding the use of any narcotic drug or controlled substance;
(27)"Provisional permit" means a temporary permit issued to a licensee engaged in the
active practice of medicine within this Commonwealth who has admitted to
violating any provision of KRS 311.595 that permits the licensee to continue the
practice of medicine until the board issues a final order on the registration or
reregistration of the licensee;
(28)"Fellowship training license" means a license to practice medicine or osteopathy in
a fellowship training program as specified by the license; and
(29)"Special faculty license" means a license to practice medicine that is limited to the
extent that this practice is incidental to a necessary part of the practitioner's
academic appointment at an accredited medical school program or osteopathic
school program and any affiliated institution for which the medical school or
osteopathic school has assumed direct responsibility.