KRS § 311.595 — KY Code / Title XXVI / Chapter 311 / Section 311.595
311.595 Denial, probation, suspension, or revocation of licenses
Status: in_force

311.595 Denial, probation, suspension, or revocation of licenses.

If the power has not been transferred by statute to some other board, commission,

or agency of this state, the board may deny an application or reregistration for a

license; place a licensee on probation for a period not to exceed five (5) years;

suspend a license for a period not to exceed five (5) years; limit or restrict a license

for an indefinite period; or revoke any license heretofore or hereafter issued by the

board, upon proof that the licensee has:

(1) Knowingly made or presented, or caused to be made or presented, any false,

fraudulent, or forged statement, writing, certificate, diploma, or other thing, in

connection with an application for a license or permit;

(2) Practiced, or aided or abetted in the practice of fraud, forgery, deception,

collusion, or conspiracy in connection with an examination for a license;

(3) Committed, procured, or aided in the procurement of an unlawful abortion,

including a partial-birth abortion or an abortion in violation of KRS 311.731;

(4) Entered a guilty or nolo contendere plea, or been convicted, by any court within

or without the Commonwealth of Kentucky of a crime as defined in KRS

335B.010, if in accordance with KRS Chapter 335B;

(5) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a

patient, or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310,

or been found by the board to have had sexual contact as defined in KRS

510.010(7) with a patient while the patient was under the care of the physician;

(6) Become addicted to a controlled substance;

(7) Become a chronic or persistent alcoholic;

(8) Been unable or is unable to practice medicine according to acceptable and

prevailing standards of care by reason of mental or physical illness or other

condition including but not limited to physical deterioration that adversely

affects cognitive, motor, or perceptive skills, or by reason of an extended

absence from the active practice of medicine;

(9) Engaged in dishonorable, unethical, or unprofessional conduct of a character

likely to deceive, defraud, or harm the public or any member thereof;

(10) Knowingly made, or caused to be made, or aided or abetted in the making of, a

false statement in any document executed in connection with the practice of his

profession;

(11) Employed, as a practitioner of medicine or osteopathy in the practice of his

profession in this state, any person not duly licensed or otherwise aided,

assisted, or abetted the unlawful practice of medicine or osteopathy or any

other healing art;

(12) Violated or attempted to violate, directly or indirectly, or assisted in or abetted

the violation of, or conspired to violate any provision or term of any medical

practice act, including but not limited to the code of conduct promulgated by the

board under KRS 311.601 or any other valid regulation of the board;

(13) Violated any agreed order, letter of agreement, final order, or emergency order

issued by the board;

(14) Engaged in or attempted to engage in the practice of medicine or osteopathy

under a false or assumed name, or impersonated another practitioner of a like,

similar, or different name;

(15) Obtained a fee or other thing of value on the fraudulent representation that a

manifestly incurable condition could be cured;

(16) Willfully violated a confidential communication;

(17) Had his license to practice medicine or osteopathy in any other state, territory,

or foreign nation revoked, suspended, restricted, or limited or has been

subjected to other disciplinary action by the licensing authority thereof. This

subsection shall not require relitigation of the disciplinary action;

(18) Failed or refused, without legal justification, to practice medicine in a rural area

of this state in violation of a valid medical scholarship loan contract with the

trustees of the rural Kentucky medical scholarship fund;

(19) Given or received, directly or indirectly, from any person, firm, or corporation,

any fee, commission, rebate, or other form of compensation for sending,

referring, or otherwise inducing a person to communicate with a person

licensed under KRS 311.530 to 311.620 in his professional capacity or for any

professional services not actually and personally rendered; provided, however,

that nothing contained in this subsection shall prohibit persons holding valid

and current licenses under KRS 311.530 to 311.620 from practicing medicine

in partnership or association or in a professional service corporation authorized

by KRS Chapter 274, as now or hereinafter amended, or from pooling, sharing,

dividing, or apportioning the fees and moneys received by them or by the

partnership, corporation, or association in accordance with the partnership

agreement or the policies of the board of directors of the corporation or

association. Nothing contained in this subsection shall abrogate the right of two

(2) or more persons holding valid and current licenses under KRS 311.530 to

311.620 to receive adequate compensation for concurrently rendering

professional care to a single patient and divide a fee, if the patient has full

knowledge of this division and if the division is made in proportion to the

services performed and responsibility assumed by each;

(20) Been removed, suspended, expelled, or disciplined by any professional

medical association or society when the action was based upon what the

association or society found to be unprofessional conduct, professional

incompetence, malpractice, or a violation of any provision of KRS Chapter 311.

This subsection shall not require relitigation of the disciplinary action;

(21) Been disciplined by a licensed hospital or medical staff of the hospital,

including removal, suspension, limitation of hospital privileges, failing to renew

privileges for cause, resignation of privileges under pressure or investigation, or

other disciplinary action if the action was based upon what the hospital or

medical staff found to be unprofessional conduct, professional incompetence,

malpractice, or a violation of any provisions of KRS Chapter 311. This

subsection shall not require relitigation of the disciplinary action;

(22) Failed to comply with the requirements of KRS 213.101, 311.782, or 311.783

or failed to submit to the Vital Statistics Branch in accordance with a court

order a complete report as described in KRS 213.101;

(23) Failed to comply with any of the requirements regarding making or maintaining

medical records or documents described in KRS 311.7704 or 311.7707;

(24) Failed to comply with the requirements of KRS 311.7705 or 311.7706;

(25) Been convicted of female genital mutilation under KRS 508.125, which shall

result in mandatory revocation of a license;

(26) As provided in KRS 311.824(2), been convicted of a violation of KRS

311.823(2); or

(27) Failed to comply with the requirements of KRS 311.732.