KRS 311.685: Hearing required before imposition of sanctions -- Right to hearing

and appeal -- Petition for reissuance of revoked license -- Probation --

Decisions of board not subject to judicial review.

(1) The board, before suspending, revoking, imposing probationary or supervisory

conditions upon a licensed acupuncturist, imposing an administrative fine,

issuing a written reprimand, or any combination of these actions regarding any

licensed acupuncturist under KRS 311.671 to 311.686, shall set the matter for

a hearing under the provisions of KRS Chapter 13B.

(2) After denying an application under KRS 311.671 to 311.686 or issuing a written

admonishment, the board, at the request of the aggrieved party, shall grant a

hearing under the provisions of KRS Chapter 13B.

(3) Except for final orders denying an initial application or renewal for licensure or

final orders issued pursuant to KRS 13B.125(3), all final orders of the board

affecting an acupuncturist's license shall become effective thirty (30) days after

notice is given to the license holder unless otherwise agreed; however, the

board's panels may provide that a final order be effective immediately when, in

the panel's opinion, based upon sufficient reasonable cause, the health,

welfare, and safety of patients or the general public would be endangered by

delay.

(4) Any acupuncturist who is aggrieved by a final order of the board denying an

initial or renewal application for licensure or rendering disciplinary action

against a license holder may seek judicial review of the order by filing a petition

with the Circuit Court of the county in which the board's offices are located in

accordance with KRS Chapter 13B. Decisions of the board's panels relating to

petitions for reinstatement of revoked licenses are not final orders for purposes

of this statute, and are not subject to judicial review.

(5) The court shall not award injunctive relief against the board without providing

the board with the reasonable opportunity to be heard.

(6) An acupuncturist whose license has been revoked may, after five (5) years

from the effective date of the revocation order, petition the board to reissue the

license to again practice acupuncture in the Commonwealth of Kentucky.

(7) The board shall not be required to issue a new license, and a decision of the

board not to reissue a license shall not be subject to judicial review. A license

shall not be reissued following a petition under subsection (6) of this section

unless the former license holder satisfies the board that he or she is presently

of good moral character and qualified both physically and mentally to resume

the practice of acupuncture without undue risk or danger to patients or the

public.

(8) In the event the board reissues a revoked license under the circumstances as

described in this section, the reissued license shall be under probation for a

period of not less than two (2) years nor more than five (5) years with

conditions fixed by the board, including a condition that any violation of the

remaining conditions of probation shall result in automatic revocation of the

license.