Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 9 - Board of Medical Licensure › Section 201 KAR 9:081 - Disciplinary proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				218A.205, 311.530-311.620, 311.840-311.862,
				311.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311.565(1)(a) and (i) and
				KRS
				311.842(1) authorize the
				board to promulgate administrative regulations to regulate the conduct of
				licensees and to promote the efficient and fair conduct of disciplinary
				proceedings.
				KRS
				311.595 and
				311.597
				authorize disciplinary action against licensees for specified offenses.
				KRS
				311.850 authorizes disciplinary action
				against physician assistant licensees.
				KRS
				218A.205(3)(d), (e), and (f)
				require the board to promulgate an administrative regulation establishing
				procedures for disciplinary action against licensees who are authorized to
				prescribe controlled substances, including the enforcement of licensure
				standards to restrict the practice of a licensee or an applicant engaged in
				improper conduct.
				KRS
				218A.205(6) authorizes the
				board to allow by administrative regulation an anonymous complaint or
				grievance.
				KRS
				311.601 authorizes the board to adopt
				administrative regulations to effectuate and implement the provisions of
				KRS
				311.550 to
				311.620 in regard to
				physicians, and
				KRS
				311.842(1) authorizes the
				board to adopt administrative regulations to license and regulate the practice
				of physician assistants in regard to
				KRS
				311.840 to
				311.862.
				This administrative regulation establishes the procedures to be followed in
				handling formal and informal disciplinary proceedings before the board, to
				conduct the proceedings with due regard for the rights and privileges of all
				affected parties.
Section 1.
			 Definitions.
(1) "Applicant" means a person
			 who is applying for an initial license or applying to reregister an inactive
			 license to practice medicine or osteopathy or to practice as a physician
			 assistant in the Commonwealth of Kentucky.
(2) "Board" is defined by
			 KRS
			 311.550(1).
(3) "Charge" is defined by
			 KRS
			 311.550(14).
(4) "Complaint" is defined by
			 KRS
			 311.550(15).
(5) "Executive director" is defined by
			 KRS
			 311.550(4).
(6) "General Counsel" is defined by
			 KRS
			 311.550(5).
(7) "Grievance" is defined by
			 KRS
			 311.550(13).
(8) "Hearing officer" means the person
			 designated and given authority by the board to preside over all proceedings
			 pursuant to the issuance of any complaint or show cause order.
(9) "License" means a license to practice
			 medicine or osteopathy or to practice as a physician assistant.
(10) "Licensee" means a person licensed by
			 the board to practice medicine or osteopathy or a person licensed by the board
			 to practice as a physician assistant in the Commonwealth of Kentucky.
(11) "Relating to a controlled substance"
			 means any conviction or plea to a criminal charge, regardless of adjudication
			 or the title of the offense named in the plea or judgment of conviction, that
			 is determined from all available facts to have been based upon or resulted
			 from, in whole or part, an allegation of conduct involving the improper,
			 inappropriate, or illegal use, possession, transfer, prescribing, or dispensing
			 of a controlled substance.
(12)
			 "Relating to prescribing or dispensing or administering a controlled substance"
			 means any conviction or plea to a criminal charge, regardless of adjudication
			 or the title of the offense named in the plea or judgment of conviction, that
			 is determined from all available facts to have been based upon or resulted
			 from, in whole or part, an allegation of conduct involving the improper,
			 inappropriate, or illegal prescribing, dispensing, or administering of a
			 controlled substance.
(13) "Show
			 cause order" means an order issued pursuant to
			 KRS
			 311.572.