{"data":{"id":"us-ky/krs-311.591","jurisdiction":"us-ky","citation":"KRS 311.591","heading":"Inquiry and hearing panels -- Grievances -- Review by inquiry panel --","body":"Complaints -- Hearing by hearing panel -- Final order -- Discipline -- Release\nof information -- Privacy.\n(1) The president of the board shall divide the membership of the board, e xcluding\nhimself, into two (2) panels of seven (7) members, each panel to include at least one\n(1) consumer member. Each panel shall have the power to act as an inquiry or a\nhearing panel. The president shall not be a permanent member of either panel, but\nshall have the power to render the deciding vote whenever a tie vote is rendered by\neither panel and shall have the power to serve as a member of either panel when\nnecessary to achieve a quorum by majority.\n(2) Grievances may be submitted by an individual (including board members),\norganization, or entity. Each grievance shall be investigated as necessary and the\nexecutive director shall assign each grievance to an inquiry panel. All inquiry panels\nand the executive director shall have the power to issue in vestigatory subpoenas for\nthe appearance of any person or production of any record, document, or other item\nwithin the jurisdiction of the Commonwealth. The panel or executive director may\nseek enforcement of investigatory subpoenas and search warrants in the courts of\nthe Commonwealth as may be necessary.\n(3) Upon completion of its inquiry, the inquiry panel shall make a finding that:\n(a) There is no evidence of a violation of any medical practice act and no further\naction is necessary;\n(b) There is insuff icient evidence of a violation to warrant the issuance of a\ncomplaint, but that there is evidence of a practice or activity that requires\nmodification and the panel may issue a letter of concern under KRS\n311.550(22). The letter of concern shall be a publi c document and may be\nused in future disciplinary actions against the physician;\n(c) The grievance discloses an instance of misconduct which does not warrant the\nissuance of a complaint; in these instances, the panel may admonish the\nphysician for his misconduct; or\n(d) The grievance discloses one (1) or more violations of the provisions of this\nchapter which warrant the issuance of a complaint; in these instances, the\npanel shall cause a complaint to be prepared, signed by the presiding officer,\nwhich shall contain sufficient information to apprise the named physician of\nthe general nature of the charges.\n(4) The inquiry panel shall cause a complaint to be served on the charged physician by\npersonal delivery or by certified mail to the physician's last addr ess of which the\nboard has record. The physician shall submit a response within thirty (30) days after\nservice. Failure to submit a timely response or willful avoidance of service may be\ntaken by the board as an admission of the charges.\n(5) Upon the issua nce of the complaint, the executive director shall assign the matter\nfor an administrative hearing by a hearing panel. No member who served on the\ninquiry panel may also serve as a member of the hearing panel. The hearing panel or\nthe hearing officer on behalf of the panel shall preside over all proceedings pursuant\nto the issuance of a complaint.\n(6) The board may promulgate administrative regulations regarding the informal\ndisposition of any complaint, and an informal disposition may be made at any stage\nof the proceeding.\n(7) Upon completion of an administrative hearing, the hearing panel shall issue a final\norder that:\n(a) Dismisses the complaint upon a conclusion that the provisions of this chapter\nhave not been violated;\n(b) Finds a violation of the pr ovisions of this chapter, but does not impose\ndiscipline because the panel does not believe discipline to be necessary under\nthe circumstances; or\n(c) Imposes discipline upon the licensee; in these instances, the panel may revoke,\nsuspend, restrict, deny, or limit a license, or may reprimand a licensee or place\na licensee on probation under terms the panel may establish to protect the\nlicensee, his patients, or the general public. The hearing panel may impose a\nfine whenever it finds that a violation of this chapter has occurred. If the board\nsubstantiates that sexual contact occurred between the physician and the\npatient while the patient was under the care of or in a professional relationship\nwith the physician, the physician's license may be revoked or su spended with\nmandatory treatment of the physician as prescribed by the board. The board\nmay require the physician to pay a specified amount for mental health services\nfor the patient which are needed as a result of the sexual contact. The hearing\npanel's o rder shall be considered the final order of the board regarding the\nmatter.\n(8) Regardless of the restrictions on public disclosure of information established in\nsubsection (9) of this section, the board may order information derived from any\ninvestigation or inquiry be released to the physician licensure authority of another\nstate or to any health care or mental health care facility licensed and regulated by\nthe Commonwealth of Kentucky upon a showing that the information is necessary\nto determine the propriety of a physician practicing in a particular state or facility.\n(9) The presiding officer at any proceeding held pursuant to a complaint or show cause\norder shall take whatever measures are necessary to protect the privacy interests of\nindividuals other than the charged physician upon a showing that evidence is to be\nintroduced, th e public disclosure of which would constitute a clear invasion of\npersonal privacy. It is the general policy of the Commonwealth that administrative\nproceedings should be open to the public. Therefore, in applying this subsection, the\npresiding officer sha ll balance the competing interests and employ the least\nrestrictive measures available to protect the privacy interests involved.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30532","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:04Z","sha256":"7abd6d5818701a6abdc6650a9a667c0cffbd58b99d506a22a9cce88492100196","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.590","next":"us-ky/krs-311.592"},"notice":"GroundRules: Original legal text. Not legal advice."}