{"data":{"id":"us-ky/krs-311.565","jurisdiction":"us-ky","citation":"KRS 311.565","heading":"Powers and functions of board -- Fees -- Fines -- Guidelines and training","body":"for allegations of sexual misconduct by professionals.\n(1) The board may:\n(a) Exercise all the administrative functions of the state in the prevention of\nempiricism and in the r egulation of the practice of medicine and osteopathy,\nwhich shall include but not be limited to promulgation of reasonable\nadministrative regulations enabling the board to regulate the conduct of its\nlicensees;\n(b) Promulgate reasonable administrative regulations establishing moral, physical,\nintellectual, educational, scientific, technical, and professional qualifications\nof applicants for licenses and permits that may be issued by the board;\n(c) Issue, deny, suspend, limit, restrict, and revoke any licens es or permits that\nmay be issued by the board, and to reprimand or to place licensees on\nprobation, in compliance with the provisions of KRS 311.530 to 311.620;\n(d) Appoint an executive director and assistant executive directors and fix their\ncompensation. The executive director shall oversee the work of the board,\nshall be authorized to discharge the duties of the secretary, as provided by\nKRS 311.530 to 311.620, and shall carry out the duties of the executive\ndirector as set forth elsewhere in this chapter;\n(e) Appoint a general counsel and assistant general counsel and fix their\ncompensation;\n(f) Appoint investigatory personnel and fix their compensation;\n(g) Appoint one (1) or more hearing officers, who need not be members of the\nboard, and fix their com pensation. Every hearing officer shall be vested with\nthe full and complete power and authority of the board to schedule and\nconduct hearings on behalf of and in the name of the board on all matters\nreferred for hearing by the board or secretary thereof, i ncluding, among other\nthings, proceedings for placing licensees on probation and for limitation,\nsuspension, and revocation of licenses. All administrative hearings conducted\nby the board, a member of the board, or a hearing officer appointed by the\nboard, shall be conducted in accordance with KRS Chapter 13B. No hearing\nofficer shall be empowered to place any licensee on probation or to issue,\nrefuse, suspend, limit, or revoke any license;\n(h) Appoint committees of licensees, who need not be board members,  to review\nissues of public or medical interest before the board and to make\nrecommendations to the board on the issues;\n(i) Promulgate administrative regulations to promote the efficient and fair\nconduct of disciplinary proceedings;\n(j) Promulgate a code of conduct governing the practice of medicine and\nosteopathy, which shall be based upon generally recognized principles of\nprofessional ethical conduct;\n(k) Utilize the services and facilities of professional organizations, and procure\nand receive the assistance and recommendations of professional organizations\nin administering KRS 311.530 to 311.620;\n(l) Make its personnel and facilities available to other governmental entities\nunder mutually agreeable terms and conditions;\n(m) Issue regular licenses witho ut further testing by endorsement from another\nstate having qualifications and standards at least as high as those of this state\nor by endorsement from the National Board of Medical Examiners, the\nNational Board of Examiners for Osteopathic Physicians and Surgeons, the\nNational Joint Committee of Preregistration Physician Training Programs, or\nany approved successors thereof;\n(n) Issue and renew regular licenses to practice medicine or osteopathy in\naccordance with KRS 311.530 to 311.62 0 and any reasonable regulations of\nthe board;\n(o) Issue and renew, or refuse to issue or renew, or cancel and terminate limited\nlicenses pursuant to administrative regulations promulgated by the board;\nprovided however, no person who held a limited licens e for institutional\npractice or general practice as of September 1, 1972, shall be denied the\nrenewal of that limited license for nondisciplinary reasons;\n(p) Appoint examiners, who need not be members of the board, and employ or\ncontract with the Federati on of State Medical Boards of the United States,\nInc., or the National Board of Medical Examiners or other organizations,\nagencies, or individuals to prepare examination questions and grade\nexamination papers;\n(q) Determine the schools, colleges, universit ies, institutions, and training\nacceptable in connection with licensure under KRS 311.530 to 311.620;\n(r) Prescribe the time, place, method, manner, scope, and content of\nexaminations;\n(s) Prescribe all forms which it considers appropriate, and require the  submission\nof photographs, fingerprints, and personal history data;\n(t) Require a criminal background investigation of all persons applying for\nlicensure at the time of initial application, and at other times at the request of\nthe board for good cause sho wn, by means of a fingerprint check by the\nDepartment of Kentucky State Police and Federal Bureau of Investigation;\n(u) Prescribe and collect reasonable fees and charges for examinations,\ndirectories, and the issuance and renewal of licenses and permits; and\n(v) Impose fines of not greater than five thousand dollars ($5,000) per violation\nand require the licensee to reimburse the board for the costs of the\nadministrative proceedings including consultant fees, upon a finding pursuant\nto disciplinary proceedi ngs that the licensee has violated any provision of\nKRS 311.595 to 311.597 or duly promulgated disciplinary regulation of the\nboard.\n(2) The board shall develop specific guidelines to follow upon receipt of an allegation\nof sexual misconduct by a physician  licensed by the board. The guidelines shall\ninclude investigation, inquiry, and hearing procedures which ensure that the process\ndoes not revictimize the alleged victim or cause harm if a physician is falsely\naccused.\n(3) The board, the hearing officer, a nd investigators hired by the board shall receive\ntraining on the dynamics of sexual misconduct of professionals, including the nature\nof this abuse of authority, characteristics of the offender, the impact on the victim,\nthe possibility and the impact of false accusations, investigative procedure in sex\noffense cases, and effective intervention with victims and offenders.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30522","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:04Z","sha256":"7165f7edf2d05130349a3eb3f6392f53773a9a726e44d1a96333ac1128d90628","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.560","next":"us-ky/krs-311.566"},"notice":"GroundRules: Original legal text. Not legal advice."}