KRS 311.591: Inquiry and hearing panels -- Grievances -- Review by inquiry panel --

Complaints -- Hearing by hearing panel -- Final order -- Discipline -- Release

of information -- Privacy.

(1) The president of the board shall divide the membership of the board, e xcluding

himself, into two (2) panels of seven (7) members, each panel to include at least one

(1) consumer member. Each panel shall have the power to act as an inquiry or a

hearing panel. The president shall not be a permanent member of either panel, but

shall have the power to render the deciding vote whenever a tie vote is rendered by

either panel and shall have the power to serve as a member of either panel when

necessary to achieve a quorum by majority.

(2) Grievances may be submitted by an individual (including board members),

organization, or entity. Each grievance shall be investigated as necessary and the

executive director shall assign each grievance to an inquiry panel. All inquiry panels

and the executive director shall have the power to issue in vestigatory subpoenas for

the appearance of any person or production of any record, document, or other item

within the jurisdiction of the Commonwealth. The panel or executive director may

seek enforcement of investigatory subpoenas and search warrants in the courts of

the Commonwealth as may be necessary.

(3) Upon completion of its inquiry, the inquiry panel shall make a finding that:

(a) There is no evidence of a violation of any medical practice act and no further

action is necessary;

(b) There is insuff icient evidence of a violation to warrant the issuance of a

complaint, but that there is evidence of a practice or activity that requires

modification and the panel may issue a letter of concern under KRS

311.550(22). The letter of concern shall be a publi c document and may be

used in future disciplinary actions against the physician;

(c) The grievance discloses an instance of misconduct which does not warrant the

issuance of a complaint; in these instances, the panel may admonish the

physician for his misconduct; or

(d) The grievance discloses one (1) or more violations of the provisions of this

chapter which warrant the issuance of a complaint; in these instances, the

panel shall cause a complaint to be prepared, signed by the presiding officer,

which shall contain sufficient information to apprise the named physician of

the general nature of the charges.

(4) The inquiry panel shall cause a complaint to be served on the charged physician by

personal delivery or by certified mail to the physician's last addr ess of which the

board has record. The physician shall submit a response within thirty (30) days after

service. Failure to submit a timely response or willful avoidance of service may be

taken by the board as an admission of the charges.

(5) Upon the issua nce of the complaint, the executive director shall assign the matter

for an administrative hearing by a hearing panel. No member who served on the

inquiry panel may also serve as a member of the hearing panel. The hearing panel or

the hearing officer on behalf of the panel shall preside over all proceedings pursuant

to the issuance of a complaint.

(6) The board may promulgate administrative regulations regarding the informal

disposition of any complaint, and an informal disposition may be made at any stage

of the proceeding.

(7) Upon completion of an administrative hearing, the hearing panel shall issue a final

order that:

(a) Dismisses the complaint upon a conclusion that the provisions of this chapter

have not been violated;

(b) Finds a violation of the pr ovisions of this chapter, but does not impose

discipline because the panel does not believe discipline to be necessary under

the circumstances; or

(c) Imposes discipline upon the licensee; in these instances, the panel may revoke,

suspend, restrict, deny, or limit a license, or may reprimand a licensee or place

a licensee on probation under terms the panel may establish to protect the

licensee, his patients, or the general public. The hearing panel may impose a

fine whenever it finds that a violation of this chapter has occurred. If the board

substantiates that sexual contact occurred between the physician and the

patient while the patient was under the care of or in a professional relationship

with the physician, the physician's license may be revoked or su spended with

mandatory treatment of the physician as prescribed by the board. The board

may require the physician to pay a specified amount for mental health services

for the patient which are needed as a result of the sexual contact. The hearing

panel's o rder shall be considered the final order of the board regarding the

matter.

(8) Regardless of the restrictions on public disclosure of information established in

subsection (9) of this section, the board may order information derived from any

investigation or inquiry be released to the physician licensure authority of another

state or to any health care or mental health care facility licensed and regulated by

the Commonwealth of Kentucky upon a showing that the information is necessary

to determine the propriety of a physician practicing in a particular state or facility.

(9) The presiding officer at any proceeding held pursuant to a complaint or show cause

order shall take whatever measures are necessary to protect the privacy interests of

individuals other than the charged physician upon a showing that evidence is to be

introduced, th e public disclosure of which would constitute a clear invasion of

personal privacy. It is the general policy of the Commonwealth that administrative

proceedings should be open to the public. Therefore, in applying this subsection, the

presiding officer sha ll balance the competing interests and employ the least

restrictive measures available to protect the privacy interests involved.