201 KAR 9:025. Interpretation and application of KRS 311.571(8).

 

      RELATES TO: KRS 311.530-311.620, 311.990

      STATUTORY AUTHORITY: KRS 311.565

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 311.565 empowers the State Board of Medical Licensure to exercise all the administrative functions of the state in the prevention of empiricism and in the administrative regulation of the practice of medicine and osteopathy and authorizes the board to establish requirements and standards relating thereto. The purpose of this administrative regulation is to establish policy and guidelines regarding the application of KRS 311.571(8).

 

      Section 1. Definitions. (1) As used in KRS 311.571(8), "extraordinary circumstances" shall be interpreted by the board as special circumstances of licensure beyond the general application of a basically qualified physician wishing to practice in Kentucky. In order to grant licensure under this statute the board must find that either one of the Commonwealth's medical schools or an area or group of patients will be specially benefited by the board's granting of licensure. Extraordinary circumstances will not be found on the basis of an area's physician shortage or the desire of any person or persons that the physician be licensed.

      (2) As used in KRS 311.571(8), "exceptional education, training and practice credentials" shall be interpreted by the board as credentials of a character far beyond those generally presented by applicants seeking licensure. In order to grant licensure under this statute, the board must find that the applicant is a graduate of a medical or osteopathic school of proven quality and/or has received advanced degrees from reputable graduate study programs in medicine, has completed at least three (3) years of postgraduate training recognized by the board to be of high quality and has proven his or her abilities through verifiable practice experience.

 

      Section 2. Application. An applicant may not apply directly pursuant to KRS 311.571(8) but may request the executive director to present his application for the board's review under KRS 311.571(8). The executive director shall have the discretion, based upon his or her evaluation of the applicant's credentials and the circumstances involved, to refuse to present the application pursuant to this statute. The executive director may require the applicant to provide written and oral documentation and other evidence to aid his or her evaluation.

 

      Section 3. Limitation Upon Licensure if Granted. The board may grant regular or limited licensure pursuant to KRS 311.571(8) and may place restrictions upon the licensure of anyone who is granted licensure pursuant to this statute. It is the policy of the board to grant licensure under this statute only to physicians of whose competency and fitness the board is assured, and, in any circumstance, to only grant licensure sufficient to satisfy the extraordinary circumstances that are present. (11 Ky.R. 312; eff. 10-9-84.)