KRS § 311.550 — KY Code / Title XXVI / Chapter 311 / Section 311.550
311.550 Definitions for KRS 311.530 to 311.620 and 311.990(4) to (6)
Status: in_force

311.550 Definitions for KRS 311.530 to 311.620 and 311.990(4) to (6).

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.