Kentucky Statutes 311.852 – Emergency order issued by inquiry panel suspending, limiting, or restricting license
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(1) At any time when an inquiry panel established under KRS § 311.591 has probable cause to believe that a physician assistant has violated the terms of an agreed order as defined in KRS § 311.550(19), or violated the terms of a disciplinary order, or that a physician assistant’s practice constitutes a danger to the health, welfare, or safety of his or her patients or the general public, the inquiry panel may issue an emergency order in accordance with KRS § 13B.125 suspending, limiting, or restricting the physician assistant’s license.
(2) For the purposes of a hearing conducted under KRS § 13B.125 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of substantial evidence of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An order of temporary suspension, restriction, or limitation shall not be maintained after a final order as defined in KRS § 311.550(20) is served on the charged physician assistant pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 78, sec. 8, effective July 12, 2006. — Created
2002 Ky. Acts ch. 130, sec. 29, effective July 15, 2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 78, sec. 11, provides: “A physician assistant who is certified in Kentucky and in good standing on the effective date of this Act [July 12, 2006] shall automatically be licensed under Sections 1 to 10 of this Act [KRS § 311.840, 311.842, 311.844, 311.845, 311.846,
311.848, 311.850, 311.852, 311.856, and 311.862] and shall be issued a physician assistant license upon annual renewal.”
(2) For the purposes of a hearing conducted under KRS § 13B.125 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of substantial evidence of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
Terms Used In Kentucky Statutes 311.852
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An order of temporary suspension, restriction, or limitation shall not be maintained after a final order as defined in KRS § 311.550(20) is served on the charged physician assistant pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 78, sec. 8, effective July 12, 2006. — Created
2002 Ky. Acts ch. 130, sec. 29, effective July 15, 2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 78, sec. 11, provides: “A physician assistant who is certified in Kentucky and in good standing on the effective date of this Act [July 12, 2006] shall automatically be licensed under Sections 1 to 10 of this Act [KRS § 311.840, 311.842, 311.844, 311.845, 311.846,
311.848, 311.850, 311.852, 311.856, and 311.862] and shall be issued a physician assistant license upon annual renewal.”