{"data":{"id":"us-ky/krs-311.605","jurisdiction":"us-ky","citation":"KRS 311.605","heading":"Reports of violations -- Enforcement powers of agents of board --","body":"Injunctions.\n(1) The county boards of health shall report to the board and to the county and\nCommonwealth's attorneys of their respective counties all violations of KRS\n311.550 to 311.620 and shall assist in the enforcement thereof.\n(2) (a) For the purpose of enforcing the provisions of KRS 311.550 to 311.620,\nagents of the board shall have the power and authority:\n1. To administer oaths;\n2. To enter upon professional premises during periods when those premises\nare otherwise open to patients or the public;\n3. To obtain evidence, including but not limited to psychiatric or\nnonpsychiatric records, by consent or pursuant to a subpoena or search\nwarrant;\n4. To interview all persons; and\n5. To require the production of books, papers, documents, or other\nevidence, either by consent or pursuant to a subpoena or search warrant.\n(b) The term \"premises\" as used in this subsection shall mean physician offices,\nor a physician's primary place of practi ce, and all pharmacies and health care\nfacilities licensed or regulated by the Commonwealth. Agents of the board\nmay only require pharmacies to produce prescription records and health care\nfacilities to produce records of patients or physician peer reviews . Such\ninspection or seizure of peer review records shall not affect the confidential\nnature of those records as provided in KRS 311.377, and the board shall\nmaintain such peer review records so as to protect the confidentiality thereof.\n(3) The board may institute, in its own name, proceedings to temporarily or\npermanently restrain and enjoin the practice of medicine by:\n(a) An individual who is not licensed to practice medicine or who is not involved\nin conduct specifically exempted from the requirements of this chapter by\nKRS 311.550(11); or\n(b) An individual who was previously licensed by the board to practice medicine\nbut is currently practicing medicine in violation of an emergency order of\nrestriction or suspension, regardless of whether the responden t has been\nconvicted for violation of the penal provisions thereof.\n(4) A petition for injunction filed under subsection (3) of this section may be filed in\nJefferson Circuit Court, in the county of residence of the respondent, or in the\ncounty in which the acts are alleged to have been committed, and the board shall not\nbe re quired to pay any costs or filing fees or furnish any bond in connection\ntherewith.\n(a) In the petition it shall be sufficient to charge that the respondent on a day\ncertain in a named county engaged in the practice of medicine in violation of\nsubsection (3)(a) or (b) of this section. No showing of damage or injury shall\nbe required.\n(b) Issuance of an injunction shall enjoin any act specified under subsection (3)(a)\nor (b) of this section and shall remain in place as long as necessary to prevent\nthe unlawful practice of medicine.\n(c) Issuance of an injunction shall not relieve the respondent from being subject\nto any other proceeding under law provided by this chapter or otherwise.\n(d) Violation of injunctions and restraining orders shall be punished as a contempt\nwithout the intervention of a jury.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30547","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:05Z","sha256":"ae7f9d2e7a2c14cd03784d010568e886bf1a97f01989857dec019c73d24a9daf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.604","next":"us-ky/krs-311.606"},"notice":"GroundRules: Original legal text. Not legal advice."}