KRS § 311.594 — KY Code / Title XXVI / Chapter 311 / Section 311.594
311.594 Probation or indefinite restriction or limitation-- Inquiry relating to violation -- Motion to revoke probation or indefinite restriction or limitation-- Hearing -- Order
Status: in_force

311.594 Probation or indefinite restriction or limitation-- Inquiry relating to

violation -- Motion to revoke probation or indefinite restriction or limitation--

Hearing -- Order.

(1) When a hearing panel imposes discipline in a final order pursuant to KRS 13B.120

and 311.591(7), the panel may fix the appropriate sanction for the violation, but

withhold imposition of the sanction under an order of probation for a period of not

more than five (5) years, or under an order of indefinite restriction or limitation,

with the requirement that the physician fully comply with the terms and conditions

specified by the panel as necessary for the protection of the public and rehabilitation

of the physician's practice.

(2) If the board receives information that a licensee has violated a term or condition of

an order of probation, or an order of indefinite restriction or limitation, issued under

subsection (1) of this section during the effective period of that order, the board

shall investigate the allegations as necessary. The board shall have all of the powers

outlined in KRS 311.591(2) and 311.605(2) to conduct its investigation.

(3) Upon completion of its inquiry relating to a violation of probation, the hearing panel

shall make a finding that:

(a) The investigation does not disclose a violation of the order of probation or the

order of indefinite restriction or limitation;

(b) The investigation discloses a violation of a term or condition of the order of

probation or the order of indefinite restriction or limitation but that revocation

of probation or the order of indefinite restriction or limitation and imposition

of the previously fixed sanction may not be necessary for protection of the

public, and the panel may admonish or issue a letter of concern to the

physician stating its findings and cautioning that another violation shall result

in revocation of probation or the order of indefinite restriction or limitation

and imposition of the previously fixed sanction; or

(c) The investigation discloses one (1) or more violations of the terms and

conditions of the order of probation or the order of indefinite restriction or

limitation, and the panel shall cause a motion to revoke probation or a motion

to revoke the order of indefinite restriction or limitation, to be prepared and

signed by the presiding officer. The motion shall identify the term or condition

violated and include a general statement of the nature of the violation and

shall set a date and time for a revocation hearing.

(4) The hearing panel shall cause the motion to revoke probation or the motion to

revoke the indefinite restriction or limitation, to be served on the physician by

personal delivery or by certified mail to the last address on record with the board for

the physician or the physician's representative.

(5) The hearing on the motion to revoke probation or the motion to revoke the order of

indefinite restriction or limitation shall be conducted in accordance with KRS

Chapter 13B, but the single issue to be decided shall be whether the physician has

violated a term or condition of the order of probation or the order of indefinite

restriction or limitation. Any recommended order issued under KRS 13B.110 shall

be limited to recommended findings of fact and recommended conclusions of law.

(6) Upon completion of the hearing on the motion to revoke probation or the motion to

revoke the indefinite restriction or limitation, the hearing panel shall issue an order

that:

(a) Denies the motion upon a conclusion that the order of probation has not been

violated;

(b) Finds a violation of the order of probation or the order of indefinite restriction

or limitation but does not impose the previously fixed sanction and the panel

may:

1. Modify the terms and conditions of probation or the indefinite restriction

or limitation to address issues presented during the hearing; or

2. Admonish the physician or issue a letter of concern to the physician; or

(c) Imposes the previously fixed sanction.