{"data":{"id":"us-ky/krs-311.594","jurisdiction":"us-ky","citation":"KRS 311.594","heading":"Probation or indefinite restriction or limitation -- Inquiry relating to","body":"violation -- Motion to revoke probation or indefinite restriction or limitation --\nHearing -- Order.\n(1) When a hearing panel imposes discipline in a final order pursuant to KRS 13 B.120\nand 311.591(7), the panel may fix the appropriate sanction for the violation, but\nwithhold imposition of the sanction under an order of probation for a period of not\nmore than five (5) years, or under an order of indefinite restriction or limitation,\nwith the requirement that the physician fully comply with the terms and conditions\nspecified by the panel as necessary for the protection of the public and rehabilitation\nof the physician's practice.\n(2) If the board receives information that a licensee h as violated a term or condition of\nan order of probation, or an order of indefinite restriction or limitation, issued under\nsubsection (1) of this section during the effective period of that order, the board\nshall investigate the allegations as necessary. The board shall have all of the powers\noutlined in KRS 311.591(2) and 311.605(2) to conduct its investigation.\n(3) Upon completion of its inquiry relating to a violation of probation, the hearing panel\nshall make a finding that:\n(a) The investigation does not disclose a violation of the order of probation or the\norder of indefinite restriction or limitation;\n(b) The investigation discloses a violation of a term or condition of the order of\nprobation or the order of indefinite restriction or limitation but t hat revocation\nof probation or the order of indefinite restriction or limitation and imposition\nof the previously fixed sanction may not be necessary for protection of the\npublic, and the panel may admonish or issue a letter of concern to the\nphysician stating its findings and cautioning that another violation shall result\nin revocation of probation or the order of indefinite restriction or limitation\nand imposition of the previously fixed sanction; or\n(c) The investigation discloses one (1) or more violati ons of the terms and\nconditions of the order of probation or the order of indefinite restriction or\nlimitation, and the panel shall cause a motion to revoke probation or a motion\nto revoke the order of indefinite restriction or limitation, to be prepared a nd\nsigned by the presiding officer. The motion shall identify the term or condition\nviolated and include a general statement of the nature of the violation and\nshall set a date and time for a revocation hearing.\n(4) The hearing panel shall cause the motion  to revoke probation or the motion to\nrevoke the indefinite restriction or limitation, to be served on the physician by\npersonal delivery or by certified mail to the last address on record with the board for\nthe physician or the physician's representative.\n(5) The hearing on the motion to revoke probation or the motion to revoke the order of\nindefinite restriction or limitation shall be conducted in accordance with KRS\nChapter 13B, but the single issue to be decided shall be whether the physician has\nviolated a term or condition of the order of probation or the order of indefinite\nrestriction or limitation. Any recommended order issued under KRS 13B.110 shall\nbe limited to recommended findings of fact and recommended conclusions of law.\n(6) Upon completion of the hearing on the motion to revoke probation or the motion to\nrevoke the indefinite restriction or limitation, the hearing panel shall issue an order\nthat:\n(a) Denies the motion upon a conclusion that the order of probation has not been\nviolated;\n(b) Finds a violation of the order of probation or the order of indefinite restriction\nor limitation but does not impose the previously fixed sanction and the panel\nmay:\n1. Modify the terms and conditions of probation or the indefinite restriction\nor limitation to address issues presented during the hearing; or\n2. Admonish the physician or issue a letter of concern to the physician; or\n(c) Imposes the previously fixed sanction.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30535","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:04Z","sha256":"c8a46486d713182b7bf6304b9a31dbf80c31bf489d6ed5c8bfff25b7325c4f52","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.593","next":"us-ky/krs-311.595"},"notice":"GroundRules: Original legal text. Not legal advice."}