Ky. Rev. Stat. § 311.595

Current through 2024 Ky. Acts ch. 225

Section 311.595 - Denial, probation, suspension, or revocation of licenses

If the power has not been transferred by statute to some other board, commission, or agency of this state, the board may deny an application or reregistration for a license; place a licensee on probation for a period not to exceed five (5) years; suspend a license for a period not to exceed five (5) years; limit or restrict a license for an indefinite period; or revoke any license heretofore or hereafter issued by the board, upon proof that the licensee has:

(1) Knowingly made or presented, or caused to be made or presented, any false, fraudulent, or forged statement, writing, certificate, diploma, or other thing, in connection with an application for a license or permit;

(2) Practiced, or aided or abetted in the practice of fraud, forgery, deception, collusion, or conspiracy in connection with an examination for a license;

(3) Committed, procured, or aided in the procurement of an unlawful abortion, including a partial-birth abortion or an abortion in violation of KRS 311.731;

(4) Entered a guilty or nolo contendere plea, or been convicted, by any court within or without the Commonwealth of Kentucky of a crime as defined in KRS 335B.010, if in accordance with KRS Chapter 335B;

(5) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient, or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310, or been found by the board to have had sexual contact as defined in KRS 510.010(7) with a patient while the patient was under the care of the physician;

(6) Become addicted to a controlled substance;

(7) Become a chronic or persistent alcoholic;

(8) Been unable or is unable to practice medicine according to acceptable and prevailing standards of care by reason of mental or physical illness or other condition including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of medicine;

(9) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof;

(10) Knowingly made, or caused to be made, or aided or abetted in the making of, a false statement in any document executed in connection with the practice of his profession;

(11) Employed, as a practitioner of medicine or osteopathy in the practice of his profession in this state, any person not duly licensed or otherwise aided, assisted, or abetted the unlawful practice of medicine or osteopathy or any other healing art;

(12) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate any provision or term of any medical practice act, including but not limited to the code of conduct promulgated by the board under KRS 311.601 or any other valid regulation of the board;

(13) Violated any agreed order, letter of agreement, final order, or emergency order issued by the board;

(14) Engaged in or attempted to engage in the practice of medicine or osteopathy under a false or assumed name, or impersonated another practitioner of a like, similar, or different name;

(15) Obtained a fee or other thing of value on the fraudulent representation that a manifestly incurable condition could be cured;

(16) Willfully violated a confidential communication;

(17) Had his license to practice medicine or osteopathy in any other state, territory, or foreign nation revoked, suspended, restricted, or limited or has been subjected to other disciplinary action by the licensing authority thereof. This subsection shall not require relitigation of the disciplinary action;

(18) Failed or refused, without legal justification, to practice medicine in a rural area of this state in violation of a valid medical scholarship loan contract with the trustees of the rural Kentucky medical scholarship fund;

(19) Given or received, directly or indirectly, from any person, firm, or corporation, any fee, commission, rebate, or other form of compensation for sending, referring, or otherwise inducing a person to communicate with a person licensed under KRS 311.530 to 311.620 in his professional capacity or for any professional services not actually and personally rendered; provided, however, that nothing contained in this subsection shall prohibit persons holding valid and current licenses under KRS 311.530 to 311.620 from practicing medicine in partnership or association or in a professional service corporation authorized by KRS Chapter 274, as now or hereinafter amended, or from pooling, sharing, dividing, or apportioning the fees and moneys received by them or by the partnership, corporation, or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. Nothing contained in this subsection shall abrogate the right of two (2) or more persons holding valid and current licenses under KRS 311.530 to 311.620 to receive adequate compensation for concurrently rendering professional care to a single patient and divide a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each;

(20) Been removed, suspended, expelled, or disciplined by any professional medical association or society when the action was based upon what the association or society found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provision of KRS Chapter 311. This subsection shall not require relitigation of the disciplinary action;

(21) Been disciplined by a licensed hospital or medical staff of the hospital, including removal, suspension, limitation of hospital privileges, failing to renew privileges for cause, resignation of privileges under pressure or investigation, or other disciplinary action if the action was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provisions of KRS Chapter 311. This subsection shall not require relitigation of the disciplinary action;

(22) Failed to comply with the requirements of KRS 213.101, 311.782, or 311.783 or failed to submit to the Vital Statistics Branch in accordance with a court order a complete report as described in KRS 213.101;

(23) Failed to comply with any of the requirements regarding making or maintaining medical records or documents described in KRS 311.7704 or 311.7707;

(24) Failed to comply with the requirements of KRS 311.7705 or 311.7706;

(25) Been convicted of female genital mutilation under KRS 508.125, which shall result in mandatory revocation of a license;

(26) As provided in KRS 311.824(2), been convicted of a violation of KRS 311.823(2); or

(27) Failed to comply with the requirements of KRS 311.732.

KRS 311.595

Effective: January 22, 2021

Amended 2021 Ky. Acts ch. 1, sec. 8, effective January 22, 2021. -- Amended 2020 Ky. Acts ch. 74, sec. 4, effective April 2, 2020. -- Amended 2019 Ky. Acts ch. 20, sec. 12, effective March 15, 2019; and ch. 37, sec. 2, effective March 19, 2019. -- Amended 2017 Ky. Acts ch. 5, sec. 7, effective January 9, 2017; and ch. 158, sec. 49, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 182, sec. 58, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 130, sec. 16, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 578, sec. 3, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 190, sec. 9, effective July 15, 1994; ch. 265, sec. 5, effective July 15, 1994; and ch. 470, sec. 5, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 495, sec. 14, effective January 1, 1991. -- Amended 1980 Ky. Acts ch. 188, sec. 253, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 107, sec. 4, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 114. -- Amended 1974 Ky. Acts ch. 308, sec. 53. -- Amended 1972 Ky. Acts ch. 218, sec. 12. -- Created 1952 Ky. Acts ch. 150, sec. 11, effective June 19, 1952.

Amended by 2022 Ky. Acts ch. 210,§ 2, eff. 4/14/2022.

Amended by 2021 Ky. Acts ch. 1,§ 8, eff. 1/22/2021.

Amended by 2020 Ky. Acts ch. 74,§ 4, eff. 4/2/2020.

Amended by 2019 Ky. Acts ch. 37,§ 2, eff. 3/19/2019.

Amended by 2019 Ky. Acts ch. 20,§ 12, eff. 3/15/2019.

Amended by 2017 Ky. Acts ch. 158,§ 49, eff. 6/29/2017.

Amended by 2017 Ky. Acts ch. 5,§ 7, eff. 1/9/2017.

Effective:7/12/2006
Amended 2006, Ky. Acts ch. 182, sec. 58, effective7/12/2006. -- Amended 2002, Ky. Acts ch. 130, sec. 16, effective 7/15/2002. -- Amended 1998, Ky. Acts ch. 578, sec. 3, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 190, sec. 9, effective 7/15/1994; ch. 265, sec. 5, effective 7/15/1994; and ch. 470, sec. 5, effective 7/15/1994. -- Amended 1990 Ky. Acts ch. 495, sec. 14, effective 1/1/1991. -- Amended 1980 Ky. Acts ch. 188, sec. 253, effective 7/15/1980. -- Amended 1978 Ky. Acts ch. 107, sec. 4, effective 6/17/1978. --Amended 1976 Ky. Acts ch. 62, sec. 114. -- Amended 1974 Ky. Acts ch. 308, sec. 53. -- Amended 1972 Ky. Acts ch. 218, sec. 12. -- Created 1952 Ky. Acts ch. 150, sec. 11, effective 6/19/1952.

Legislative Research Commission Note (3/19/2019). 2019 Ky. Acts ch. 37, sec. 8, provides that 2019 Ky. Acts ch. 37 may by cited as the "Human Rights of the Unborn Child and Anti-Discrimination Act." This statute was amended in Section 2 of that Act.

Legislative Research Commission Note (7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250, as the Act which passed the General Assembly last. 1994 Ky. Acts ch. 190, sec. 9 is not in conflict with these two Acts and has been codified together with them.