KRS § 311.597 — KY Code / Title XXVI / Chapter 311 / Section 311.597
311.597 Acts declared to constitute dishonorable, unethical, or unprofessional conduct
Status: in_force

311.597 Acts declared to constitute dishonorable, unethical, or unprofessional

conduct.

As used in KRS 311.595(9), "dishonorable, unethical, or unprofessional conduct of a

character likely to deceive, defraud, or harm the public or any member thereof" shall

include but not be limited to the following acts by a licensee:

(1) Prescribes or dispenses any medication:

(a) With the intent or knowledge that a medication will be used or is likely to be

used other than medicinally or for an accepted therapeutic purpose;

(b) With the intent to evade any law with respect to sale, use, or disposition of the

medication;

(c) For the licensee's personal use or for the use of his immediate family when the

licensee knows or has reason to know that an abuse of a controlled substance

is occurring, or may result from such a practice;

(d) In such amounts that the licensee knows or has reason to know, under the

attendant circumstances, that said amounts so prescribed or dispensed are

excessive under accepted and prevailing medical practice standards; or

(e) In response to any communication transmitted or received by computer or

other electronic means, when the licensee fails to take the following actions to

establish and maintain a proper physician-patient relationship:

1. Verification that the person requesting medication is in fact who the

patient claims to be;

2. Establishment of a documented diagnosis through the use of accepted

medical practices; and

3. Maintenance of a current medical record.

For the purposes of this paragraph, an electronic, on-line, or telephonic

evaluation by questionnaire is inadequate for the initial evaluation of the

patient or for any follow-up evaluation.

(2) Issues, publishes, or makes oral or written representations in which grossly

improbable or extravagant statements are made which have a tendency to deceive or

defraud the public, or a member thereof, including but not limited to:

(a) Any representation in which the licensee claims that he can cure or treat

diseases, ailments, or infirmities by any method, procedure, treatment, or

medicine which the licensee knows or has reason to know has little or no

therapeutic value;

(b) Represents or professes or holds himself out as being able and willing to treat

diseases, ailments, or infirmities under a system or school of practice:

1. Other than that for which he holds a certificate or license granted by the

board, or

2. Other than that for which he holds a degree or diploma from a school

otherwise recognized as accredited by the board, or

3. Under a school or system which he professes to be self-taught.

For purposes of this subsection, actual injury to a patient need not be established.

(3) A serious act, or a pattern of acts committed during the course of his medical

practice which, under the attendant circumstances, would be deemed to be gross

incompetence, gross ignorance, gross negligence, or malpractice.

(4) Conduct which is calculated or has the effect of bringing the medical profession

into disrepute, including but not limited to any departure from, or failure to conform

to the standards of acceptable and prevailing medical practice within the

Commonwealth of Kentucky, and any departure from, or failure to conform to the

principles of medical ethics of the American Medical Association or the code of

ethics of the American Osteopathic Association. For the purposes of this subsection,

actual injury to a patient need not be established.

(5) Failure by a licensee to report a known or observed violation of KRS Chapter 311

by another licensee as described in KRS 311.606.

(6) Violation by a licensee of KRS 304.39-215 or 311.373.

(7) Conduct by a licensee that is subject to the penalties under KRS 304.99-060(4) or

(5).