311.592 Emergency order suspending, limiting, or restricting license -- Hearing.

281 words·~1 min read·/ky/chapter-311/311-592

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

(1)At any time when an inquiry panel has probable cause to believe that a physician

has violated the terms of an agreed order or violated the terms of a disciplinary

order, or a physician's practice constitutes a danger to the health, welfare, and safety

of his 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's license.

(2)For the purposes of a hearing conducted under KRS 13B.125 on an emergency

order issued under subsection

(1)of 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 or a motion to revoke probation

or an order of indefinite restriction or limitation. The inquiry panel shall issue a

complaint or a motion to revoke probation or indefinite restriction or limitation

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 is served on the charged physician pursuant to the proceeding on

the complaint or on the motion to revoke. An appeal of an emergency order shall

not prejudice the board from proceeding upon the complaint or the motion to

revoke.