Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 9 - Board of Medical Licensure › Section 201 KAR 9:082 - Informal proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 311.530-311.620,
				311.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311.565 empowers the State Board of Medical
				Licensure to exercise all the administrative functions of the state in the
				prevention of empiricism and in the administrative regulation of the practice
				of medicine and osteopathy and authorizes the board to establish requirements
				and standards relating thereto. The purpose of this administrative regulation
				is to establish rules regarding the institution of informal proceedings
				pursuant to
				KRS
				311.591(10).
Section 1. Commencement of Informal
			 Proceedings. At any time after the authorized issuance of a complaint or the
			 issuance of a show cause order, the responding physician may seek an informal
			 dispensation of any matter upon signing a waiver that states that the physician
			 waives his or her right to raise any constitutional, statutory or common law
			 objection should the board reject the informal proposal or if informal
			 proceedings are curtailed by the general counsel. The general counsel shall
			 have complete discretion to negotiate with the responding physician concerning
			 stipulations of fact, conclusions of law and proposed discipline. The general
			 counsel shall also have discretion to reject any or all offers of informal
			 dispensation and may commence informal proceedings on his or her own
			 initiative.
Section 2. Presentation
			 of Proposal to Board. Whenever the general counsel believes that an appropriate
			 informal dispensation has been negotiated, he or she shall cause to be
			 presented to the board the responding physician's signed waiver and
			 stipulations of fact, conclusions of law and a proposed order of informal
			 dispensation signed by the responding physician and the general counsel. The
			 documents shall include a line for the signature of an officer of the board and
			 shall become effective upon being accepted by the board, signed by an officer
			 and filed of record.
Section 3.
			 Effect of Rejection. If the board rejects an offer of informal dispensation,
			 the matter shall continue to proceed as a formal proceeding, provided, however,
			 that further informal negotiations may be conducted and subsequent offers of
			 informal dispensation presented to the board. Rejection shall not be taken as a
			 finding or determination of any kind on behalf of the board and no orders or
			 other pleadings shall be filed of record in regard to any rejected
			 proposal.
Section 4. Oral or
			 Written Presentation. The board may allow oral or written presentation before
			 the board in regard to any offer of informal dispensation. Oral presentations
			 shall not be recorded and written presentations shall not be filed of record or
			 included in the board's minutes. All oral and written presentations shall be
			 heard and considered in closed session.
STATUTORY AUTHORITY:
				  KRS
				  311.565