KRS § 311.605 — KY Code / Title XXVI / Chapter 311 / Section 311.605
311.605 Reports of violations -- Enforcement powers of agents of board -- Injunctions
Status: in_force

311.605 Reports of violations -- Enforcement powers of agents of board --

Injunctions.

(1) The county boards of health shall report to the board and to the county and

Commonwealth's attorneys of their respective counties all violations of KRS

311.550 to 311.620 and shall assist in the enforcement thereof.

(2) (a) For the purpose of enforcing the provisions of KRS 311.550 to 311.620,

agents of the board shall have the power and authority:

1. To administer oaths;

2. To enter upon professional premises during periods when those premises

are otherwise open to patients or the public;

3. To obtain evidence, including but not limited to psychiatric or

nonpsychiatric records, by consent or pursuant to a subpoena or search

warrant;

4. To interview all persons; and

5. To require the production of books, papers, documents, or other

evidence, either by consent or pursuant to a subpoena or search warrant.

(b) The term "premises" as used in this subsection shall mean physician offices,

or a physician's primary place of practice, and all pharmacies and health care

facilities licensed or regulated by the Commonwealth. Agents of the board

may only require pharmacies to produce prescription records and health care

facilities to produce records of patients or physician peer reviews. Such

inspection or seizure of peer review records shall not affect the confidential

nature of those records as provided in KRS 311.377, and the board shall

maintain such peer review records so as to protect the confidentiality thereof.

(3) The board may institute, in its own name, proceedings to temporarily or

permanently restrain and enjoin the practice of medicine by:

(a) An individual who is not licensed to practice medicine or who is not involved

in conduct specifically exempted from the requirements of this chapter by

KRS 311.550(11); or

(b) An individual who was previously licensed by the board to practice medicine

but is currently practicing medicine in violation of an emergency order of

restriction or suspension, regardless of whether the respondent has been

convicted for violation of the penal provisions thereof.

(4) A petition for injunction filed under subsection (3) of this section may be filed in

Jefferson Circuit Court, in the county of residence of the respondent, or in the

county in which the acts are alleged to have been committed, and the board shall not

be required to pay any costs or filing fees or furnish any bond in connection

therewith.

(a) In the petition it shall be sufficient to charge that the respondent on a day

certain in a named county engaged in the practice of medicine in violation of

subsection (3)(a) or (b) of this section. No showing of damage or injury shall

be required.

(b) Issuance of an injunction shall enjoin any act specified under subsection (3)(a)

or (b) of this section and shall remain in place as long as necessary to prevent

the unlawful practice of medicine.

(c) Issuance of an injunction shall not relieve the respondent from being subject

to any other proceeding under law provided by this chapter or otherwise.

(d) Violation of injunctions and restraining orders shall be punished as a contempt

without the intervention of a jury.