311.555 Legislative declaration of policy -- Standards for judicial review.
187 words·~1 min read·
/ky/chapter-311/311-555A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the declared policy of the General Assembly of Kentucky that the practice of medicine and osteopathy should be regulated and controlled as provided in KRS 311.530 to 311.620 in order to prevent empiricism and to protect the health and safety of the public. Further, the General Assembly of Kentucky has created the board, as defined in KRS 311.530, to function as an independent board, the majority of whose members are licensed physicians, with the intent that such a peer group is best qualified to regulate, control and otherwise discipline the licensees who practice medicine and osteopathy within the Commonwealth of Kentucky.
In furtherance of this intent, the judiciary of the Commonwealth of Kentucky, who may be caused to review the actions of the board, shall not interfere or enjoin the board's actions until all administrative remedies are exhausted, and modify, remand, or otherwise disturb those actions only in the event that the action of the board:
(1)Constitutes a clear abuse of its discretion;
(2)Is clearly beyond its legislative delegated authority; or
(3)Violated the procedure for disciplinary action as described in KRS 311.591.