KRS 311.686: Emergency order suspending, limiting, or restricting license -- Complaint

and hearing -- Procedural rules for hearing -- Emergency order invalid after

issuance of final order.

(1) At any time when an inquiry panel established under KRS 311.591 has pro bable

cause to believe that an acupuncturist 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 an

acupuncturist's practice constitutes a danger to the health, welfare, or safety of

patients or the general public, the inquiry panel may issue an emergency order in

accordance with KRS 13B.125 suspending, limiting, or restricting the

acupuncturist's license.

(2) For the purposes of a hearing conducted under KRS 311.592 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 issuanc e 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 emergency order suspending, limiting, or restricting a license shall not be

maintained after a final ord er as defined in KRS 311.550(20) is served on the

charged acupuncturist pursuant to the proceeding on the complaint. An appeal of an

emergency order shall not prejudice the board from proceeding with the complaint.