GENERAL GOVERNMENT CABINET

Kentucky Board of Medical Licensure

(As Amended at Senate and House Standing

Committees on Judiciary, March 4, 2013)

201 KAR 9:081. Disciplinary proceedings.

      RELATES TO: 218A.205, KRS 311.530-311.620, 311.990

      STATUTORY AUTHORITY: KRS 218A.205(3)(c), (d), (e); 311.565(1)(a)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 311.565(1)(a) authorizes the board to promulgate administrative regulations to regulate the conduct of licensees. KRS 311.595 and 311.597 authorize disciplinary action against licensees for specified offenses. KRS 218A.205(3)(c), (d), and (e) requires the board to promulgate an administrative regulation establishing procedures for disciplinary action against a licensee[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 establishes[is to set forth] the procedures to be followed in handling formal and informal disciplinary proceedings before the board [or before any committee to the board], to conduct[such that] the proceedings [will be conducted] with due regard for the rights and privileges of all affected parties.

      Section 1. Definitions. (1) "Act" means the Kentucky Medical and Osteopathic Practice Act, KRS 311.550 to 311.620.

(2) "Board" is defined by KRS 311.550(1).

(3) "Charge" is defined by KRS 311.550(14).

(4) "Complaint" is defined by KRS 311.550(15).

(5) "Executive director" is defined by KRS 311.550(4).

(6) "General counsel" is defined by KRS 311.550(2).

(7) "Grievance" is defined by KRS 311.550(13).

(8) "Hearing officer" means the person designated and given authority by the board to preside over all proceedings pursuant to the issuance of any complaint or show cause order.

(9) "Relating to a controlled substance" means any conviction or plea to a criminal charge, regardless of adjudication or the title of the offense named in the plea or judgment of conviction, that is determined from all available facts to have been based upon or resulted from, in whole or part, an allegation of conduct involving the improper, inappropriate, or illegal use, possession, transfer, prescribing, or dispensing of a controlled substance.

(10) "Show cause order" means an order issued pursuant to KRS 311.572["Executive director" means the executive director of the board or any assistant executive directors appointed by the board.

(2) "General counsel" means the general counsel of the board or any assistant general counsel appointed by the board.

(3) "Board" means the Kentucky Board of Medical Licensure or its inquiry or hearing panels.

(4) "Grievance" means any allegation in whatever form alleging misconduct by a physician.

(5) "Charge" means a specific allegation contained in any document issued by the board or its inquiry or hearing panels alleging a violation of a specified provision of the Kentucky Medical and Osteopathic Practice Act.

(6) "Complaint" means a formal administrative pleading authorized by the inquiry panel that sets forth charges against a physician and commences a formal disciplinary proceeding.

(7) "Show cause order" means an order directing the named physician to show cause why the board should or should not take a specified action based on specified information which the order alleges to be true.

(8) "Hearing officer" means the person designated and given authority by the board to preside over all proceedings pursuant to the issuance of any complaint or show cause order.

(9) "Informal proceedings" means proceedings instituted at any stage of the disciplinary process with the intent of reaching an informal dispensation of any matter without further recourse to formal disciplinary procedures.

(10) "Act" means the Kentucky Medical and Osteopathic Practice Act].

      Section 2. Reception of Grievances; Investigations. (1)(a) A grievance[Grievances] may be submitted by any individual, organization, or entity.

(b)1. The board shall provide a copy of the Information on Filing a Grievance, the Consumer’s Guide to the KBML, the Grievance Form, and the Waiver of Privilege, Agreement to Release Records to a party who wants to register a grievance against a physician.

2. Each grievance shall be filed on the Grievance Form; and

a. Include the name and address of the party filing the grievance; or

b. Be filed anonymously, subject to paragraph (d) of this subsection[retain a written form upon which grievances may be made and any party submitting a grievance may be required to complete the form and required to include the party’s name and address unless the grievance is submitted anonymously].

(c) A board member or employee[members or employees] may initiate a grievance [simply] by providing a written memorandum to the executive director.

(d) If the board receives an anonymous grievance, an investigation shall[will only] be conducted if the grievance is accompanied by sufficient corroborating evidence as would allow the board to believe, based upon a totality of the circumstances, that a reasonable probability exists that the grievance is meritorious. [and may also be required to give their affidavit acknowledging the truth and veracity to the best of their knowledge and belief of the information contained in the grievance.]

      (2)(a) The board shall initiate each investigation pertaining to prescribing or dispensing of a controlled substance[substances] within seventy-two (72) hours of the date of receipt of the grievance.

(b) Except as provided by subsection (1)(d) of this section, each grievance[all grievances] shall be investigated as necessary and as promptly as possible, and presented to the inquiry panel for review.

(c) An investigation[Investigations] pertaining to prescribing or dispensing of a controlled substance[substances] shall be presented to the inquiry panel within 120 days of the date of receipt of the grievance unless the circumstances of a particular grievance make it impossible to timely present the grievance to the inquiry panel.

(d)1. The executive director may hold an investigation pertaining to prescribing or dispensing of a controlled substance[substances] in abeyance for a reasonable period of time in order to permit a law enforcement agency to perform or complete essential investigative tasks, following a request by the requesting law enforcement agency.

2. If[In each instance when] an investigation pertaining to prescribing or dispensing of a controlled substance[substances] is not presented to the inquiry panel within 120 days of the date of receipt of the grievance, the investigative report shall[will] plainly state the circumstances of that particular grievance or investigation that made timely presentation to the inquiry panel impossible.

(e) The inquiry panel or[and] executive director shall have the authority to direct any investigation and shall possess any and all powers possessed by the board in regard to investigations as provided by KRS 311.591 and 311.605.

(f) The inquiry panel shall further be empowered to request the attendance of any person at any meeting of the inquiry panel in regard to the investigation of any grievance or consideration of any disciplinary matter.

(g) The failure, without good cause, of any physician licensed to practice medicine or osteopathy by the board to appear before the inquiry panel when requested shall be considered unprofessional conduct in violation of KRS 311.595(9).

      (3) The inquiry panel shall be empowered to request compliance with the reporting requirements of KRS 311.605 or[-] 311.606 and may pursue an investigation[investigations], on its own initiative, in regard to an act[acts] of noncompliance or any other perceived violation of the Act.

      Section 3. Reports and Recommendations; Petitions. (1) If[When in the opinion of] the inquiry panel determines that a grievance warrants the issuance of a complaint against a physician, the inquiry panel shall cause a complaint to be prepared.

      (2) If the panel chair determines that[When in the opinion of the executive director] a grievance warrants the issuance of a complaint against a physician and circumstances do not allow the timely presentation of the grievance to the inquiry panel, the panel chair[executive director] shall cause a complaint to be prepared.

      (3) If[When in the opinion of the executive director or] the inquiry panel determines that a disciplinary matter warrants the issuance of a show cause order against a physician, the [executive director or the] inquiry panel shall cause a proposed order to be prepared.

      (4) The board[, on its own initiative,] may issue a show cause order against a physician in regard to any application for licensure, obtaining, retaining, or reobtaining licensure. [(5) Nothing in this subsection shall be construed to limit the board's power to deny a license to any applicant without a prior hearing upon a finding that the applicant has violated any provision of the Act.]

      Section 4. Complaints. [(1)] The complaint issued by an inquiry panel shall:

(1) Be signed and dated;

(2)[. The complaint shall] Be styled in regard to the matter of the license to practice in the Commonwealth of Kentucky held by the named physician and [shall be] designated with an appropriate case number; and

(3)[. (2) The complaint shall] Set forth:

(a) The board's jurisdiction in regard to the subject matter of the complaint; and

(b)[shall further set forth,] In numerical paragraphs, sufficient information to apprise the named physician of the general nature of the charges.

      Section 5. Show Cause Orders. [(1)] The show cause order shall:

(1) Be signed and dated by an officer of the board;

(2)[ and shall be dated. The show cause order shall] Be styled in regard to the license, application for license, or application for renewal, registration, or reregistration of a license to practice in the Commonwealth of Kentucky held by or submitted by the named physician, appropriately, and [shall be] designated with an appropriate order number;

(3)[. (2) The show cause order shall] Set forth:

(a) The board's jurisdiction in regard to the subject matter of the order; and

(b)[shall further set forth,] In numerical paragraphs, the information which the board accepts to be true and the statutory basis for the board's finding that grounds exist for the discipline of the named physician's license; and

(4)[. (3) The show cause order shall] Direct the named physician to show cause why disciplinary action should not be taken in view of the matters expressed in the order.

      Section 6. Orders to Respond. Upon issuance of a complaint, the inquiry panel shall notify[issue an order directing] the charged physician that:

(1) A response is due[to respond] within thirty (30) days after receiving notice of the complaint;[,] and

(2)[informing the physician that] Failure to respond within that time period may be taken by the board as an admission of the charges.[Section 7. Orders of Temporary Restriction. An order temporarily suspending, limiting or restricting the license held by the named physician shall set forth the grounds which the inquiry panel believes support a finding that sufficient reasonable cause exists to believe that the continued unaffected practice by the named physician would constitute a danger to the health, welfare and safety of the physician's patients or of the general public.]

      Section 7.[8.] Notice and Service of Process. Each notice shall be issued as required by KRS 13B.050.[(1) Any notice required by the Act or this administrative regulation shall be in writing, dated and signed by the appropriate person.

(2) Service of notice and other process shall be made by hand-delivery or delivery by certified mail to the physician's last known address of which the board has record or by such service on the named physician's attorney of record. Failure of the named physician to receive actual notice after execution of the prescribed service shall not prejudice the board from pursuing proceedings that result in the denial or discipline of the named physician's license.][Section 9. Hearings Pursuant to Order Temporarily Suspending, Limiting or Restricting a License. (1) A physician whose license has been temporarily suspended, limited or restricted shall, upon written request, be accorded hearing on the board's order.

(2) Any findings of fact or conclusions of law rendered by the hearing officer pursuant to a hearing on an order of temporary discipline shall not be binding upon the hearing panel in its ultimate determination regarding the charges contained in the complaint, nor shall the hearing officer thereafter be prejudiced from presiding at the hearing on the complaint.

(3) At the hearing on the order of temporary discipline, the hearing officer may entertain any motion timely submitted in regard to any matter concerning the disciplinary case, provided, however, that any orders issued pursuant to such motions shall not be considered appealable.

(4) Either party to the hearing on the order of temporary discipline may petition the hearing panel to review the order of the hearing officer either sustaining, modifying or withdrawing the inquiry panel's order by filing a written petition delineating those aspects of the hearing officer's determination with which the party takes exception and requesting the hearing panel to review the hearing officer's determination. The hearing panel may grant or deny review in its discretion.

(5) Nothing in this section shall be construed to limit either party's right to appeal an order sustaining, modifying or withdrawing an order of temporary discipline to the circuit court of the county in which the board's offices are located as provided by statute. However, the filing of an appeal shall not prejudice the board's jurisdiction to continue the proceeding in regard to the charges contained in the complaint.]

      Section 8.[10.] Proceedings Pursuant to the Issuance of a Complaint or Show Cause Order. (1) Appointment of hearing officer. The board shall appoint a hearing officer in accordance with KRS 13B.030 and 13B.040[who is empowered to preside at any and all proceedings, to rule upon all motions and objections, to prepare and submit proposed findings of fact, conclusions of law and to perform any other act necessary to the proper conduct of the proceedings].

      (2) Appointment of the prosecuting attorney. The board's general counsel or assistant general counsel shall act as the prosecuting attorney in regard to any disciplinary proceeding, unless the board appoints a special prosecuting attorney[provided, however, that the board may appoint special prosecuting attorneys in its discretion]. The prosecuting attorney shall not participate in any deliberations of the board pursuant to the issuance of a complaint, show cause order, or order of temporary discipline.

      (3) Appointment of advisory counsel. The board may appoint a representative of the Attorney General's office, the board's general counsel, or other attorney to act as advisory counsel to the board in regard to any deliberations of the board pursuant to the issuance of a complaint, show cause order, or order of temporary discipline.

      (4) The provisions of KRS Chapter 13B shall govern the conduct of each proceeding[Form of pleadings; service. Pleadings may be in any neat form provided that all pleadings must be dated and signed by the offering party. The original of all pleadings must be filed with the executive director for entry into the official record and copies must be served on the hearing officer, the opposing party and any other person who might be designated by the hearing officer.

(5) Prehearing conferences. Upon motion of either party or upon his or her own initiative, the hearing officer may order that a prehearing conference be held. The prehearing conference may be the forum for consideration of any matter properly before the hearing officer including all motions, discovery, stipulations, identification of issues, dates of future proceedings and objections.

(6) Discovery. Either party may at any time after the issuance of a complaint or show cause order move the hearing officer to order that discovery from the other party be allowed by any of the following methods:

(a) Oral deposition, provided, however, that either party shall have the right to move the hearing officer to order that the deposition be entered into the record in lieu of further testimony by the witness;

(b) Request for a more definite statement;

(c) Request for production of names of witnesses, documents and other demonstrative evidence; and

(d) Request for a brief synopsis of the testimony expected to be given by any expert witness.

The hearing officer may limit or allow discovery of any matter relevant to the issues and may issue protective orders as necessary.

(7) Hearings. Hearings shall proceed in accordance with the rules of examination applicable in courts of law in the Commonwealth. The rules of evidence applicable in courts of law in the Commonwealth shall apply, provided, however, that hearsay evidence shall be admissible unless irrelevant or grossly prejudicial. The order and burden of proof shall be established by the hearing officer, provided, however, that the burden of proof shall be upon the charged physician in any hearing on the charges contained in a show cause order. The hearing officer shall rule upon any motions or objections and may require the submission of briefs in regard to any issue. The hearing officer may allow opening and closing statements by either party, or other offers of prosecution or defense that will allow the orderly and expeditious conduct of the proceedings.

(8) Record. The hearing officer shall be charged with the responsibility of compiling a written record of the proceedings which shall contain all evidence introduced at the hearing and all pleas, motions, objections, responses, rulings and other legal documents which the hearing officer deems properly part of the record.

(9) Presentation of record, hearing officer's proposed findings, conclusions and recommendations. The hearing officer shall present the record, his or her proposed findings of fact, conclusions of law and recommendations to the executive director for deliberation by the hearing panel. The hearing officer shall serve a copy of his findings, conclusions and recommendations on all parties at least twenty (20) days prior to the date set for the hearing panel's final determination. All parties shall have the right to file exceptions to the hearing officer's findings, conclusions and recommendations ten (10) days prior to the date set for the hearing panel's final determination.

(10) Briefs. Any party to the proceeding may move the hearing officer to allow briefs to be filed with the hearing panel prior to the hearing panel's final determination. The hearing officer may grant the motion and establish a briefing schedule but only if the hearing officer believes that such a procedure would substantially aid the hearing panel in its deliberations. Briefs shall not exceed five (5) pages in length unless otherwise allowed by the hearing officer. The hearing panel may, on its own initiative, order that briefs be submitted.

(11) Oral argument. Any party to the proceeding may move the hearing panel to allow oral argument prior to the hearing panel's final determination. The hearing panel may order oral arguments on its own initiative.

(12) Board's findings of fact, conclusions of law and final order, remand. At the conclusion of its deliberations the hearing panel may adopt the hearing officer's proposed findings, conclusions and recommendations of action in whole or in part or may reject them totally and prepare its own. The hearing panel shall enter a final order dated and signed by an officer of the hearing panel stating its ultimate determination. Prior to, during or subsequent to any deliberations the hearing panel may remand the matter to the hearing officer for further proceedings as directed].

Section 9. [Meetings of the Board and Panels. (1) The full membership of the Board shall meet quarterly each calendar year, in the months of March, June, September, and December. At such meetings, the board will make licensing decisions regarding initial applications for licensure, make decisions regarding recommendations made by its various statutory committees, determine whether to enter into contractual relationships, and address issues of general policy or interpretation of statute.

(2) The members of Inquiry Panel A shall meet bimonthly each calendar year, in the months of February, April, June, August, October, and December. At its February, April, August, and October meetings, Inquiry Panel A will finally resolve cases in which a hearing has been conducted or a negotiated settlement tendered, will determine whether to grant requests to modify or terminate previously accepted negotiated settlements, will determine appropriate action upon recently completed investigations, and will make licensing decisions regarding renewal applications. At its June and December meetings, which coincide with the meeting of the full Board, Inquiry Panel A will take appropriate action upon recently completed investigations of prescribing or dispensing of controlled substances and other matters that require immediate attention.

(3) The members of Inquiry Panel B shall meet bimonthly each calendar year, in the months of January, March, May, July, September, and November. At its January, May, July, and November meetings, Inquiry Panel B will finally resolve cases in which a hearing has been conducted or a negotiated settlement tendered, will determine whether to grant requests to modify or terminate previously accepted negotiated settlements, will determine appropriate action upon recently completed investigations, and will make licensing decisions regarding renewal applications. At its March and September meetings, which coincide with the meeting of the full board, Inquiry Panel B will take appropriate action upon recently completed investigations of prescribing or dispensing of controlled substances and other matters that require immediate attention.

Section 10. Definitions. "A conviction relating to controlled substances" shall include any conviction or plea to criminal charges, regardless of adjudication, that is based upon or resulted from, in whole or part, allegations of conduct involving the improper, inappropriate or illegal use, possession, transfer, prescribing or dispensing of controlled substances. The underlying facts of the offense, rather than the title of the offense named in the plea or judgment of conviction, will be determinative of whether the conviction or plea was "relating to controlled substances".

Section 11.] Mandatory Reporting; Mandatory Disciplinary Sanctions; Emergency Action; Expedited Proceedings. (1)(a) Every applicant for initial licensing to practice medicine or osteopathy within the Commonwealth of Kentucky shall report upon the applicant’s[their] initial application any criminal conviction [they have] sustained or any plea of guilt, plea of nolo contendere, or Alford plea the applicant has[they have] entered to criminal charges in any state, regardless of adjudication.

(b) Every applicant for initial licensing to practice medicine or osteopathy within the Commonwealth of Kentucky shall report upon the applicant’s[their] initial application any disciplinary action taken or sanction imposed upon the applicant’s[their] license to practice medicine or osteopathy in any state, to include surrendering or placing the applicant’s[their] license in an inactive or retirement status to resolve a pending investigation by the licensing authority.

(c) Every applicant for initial licensing to practice medicine or osteopathy within the Commonwealth of Kentucky shall report upon the applicant’s[their] initial application if the applicant is[they are] currently under investigation by the licensing authority of any other state for possible violations of the licensing or regulatory statutes of that state.

(d) Every person licensed to practice medicine or osteopathy within the Commonwealth of Kentucky shall report to the board any criminal conviction or plea of guilt, nolo contendere, or Alford plea to any criminal charges, regardless of adjudication, within ten (10) days of the entry of judgment of conviction or the entry of the plea, entered into in any state. As part of this reporting, the licensee shall provide a copy of the judgment of conviction or plea documents.

(e) Every person licensed to practice medicine or osteopathy within the Commonwealth of Kentucky shall report to the board within ten (10) days of receipt, notice of any disciplinary action taken or sanction imposed upon the person’s[their] license in any state, including surrendering a[their] license or placing a[their] license into inactive or retired status to resolve a pending licensing investigation. As part of this reporting requirement, the licensee shall provide a copy of the order issued by or entered into with the other licensing board.

(f)1. Failure to report a criminal conviction or plea, or action taken by another licensing board, as required of an applicant by paragraphs (a) through (c) of this subsection[section], shall constitute a violation of KRS 311.595(9) and (12).

2. Upon a finding by the board that the applicant committed a[such] violation, the appropriate panel:

a. Shall impose a fine of $5,000 and the appropriate sanction mandated by subsection (2), (3), or (4) of this section; and

b.[administrative regulation. In addition to these minimum mandatory sanctions, the panel] May impose any additional sanction authorized by KRS 311.595, including denial of the application or revocation of the license previously issued based upon the incomplete information.

(g)1. Failure to report a criminal conviction or plea, or action taken by another licensing board as required of a licensee by paragraphs (d) and (e) of this subsection, shall constitute a violation of KRS 311.595(9) and (12).

2. Upon a finding by the board that the licensee committed a[such] violation, the appropriate panel:

a. Shall impose a fine of $5,000 and the appropriate sanction mandated by subsection (2), (3), or (4) of this section; and

b.[administrative regulation. In addition to these minimum mandatory sanctions, the panel] May impose any additional sanction authorized by KRS 311.595 based upon all of the information available to the panel at the time of action.

(2)(a) If an initial applicant reports being[that they are] the subject of a pending criminal investigation or of a pending investigation by a state licensing authority, the board shall defer any action upon that initial application until it has received official notice that the criminal or state licensing investigation has been completed and official notice of what action was taken as a result of the investigation.

(b)1. If an initial applicant has been convicted of a felony offense or entered a plea of guilt, an Alford plea, or a plea of nolo contendere to any felony charge relating to a controlled substance[substances], regardless of adjudication, in any state, the board shall[may] exercise its normal discretion to grant or deny the application[,] based upon all available facts.

2. If the board decides to[should] grant a license to the[such an] initial applicant, the board:

a. Shall, at a minimum, permanently ban the applicant from prescribing or dispensing controlled substances as an express condition of granting the license; and

b.[. If the board grants the license subject to a permanent ban, it] May impose other conditions in addition to that permanent ban as express conditions of granting the license.

(c) If a licensee has been convicted of or entered a plea of guilt, an Alford plea, or a plea of nolo contendere to any felony offense relating to a controlled substance[substances], regardless of adjudication in any state, the appropriate panel:

1.a. Shall, at a minimum, permanently ban the licensee from prescribing or dispensing controlled substances as a disciplinary sanction; and

b.[. In addition to this minimum sanction, the panel] May take any appropriate disciplinary action authorized by KRS 311.595 against the license; or

2. Shall[, or in lieu of the minimum sanction, the panel may] revoke the license[,] based upon the facts available to the panel at the time of action.

(3)(a)1. If an initial applicant has been convicted of a misdemeanor offense relating to a controlled substance[substances] or entered a plea of guilt, an Alford plea, or plea of nolo contendere to a misdemeanor charge relating to a controlled substance[substances], regardless of adjudication, in any state, the board shall[may] exercise its normal discretion to grant or deny the application[,] based upon all available information.

2. If the Board decides to[should] grant the application, the board:

a. Shall, at a minimum, ban the applicant from prescribing or dispensing controlled substances for a period of two (2) to five (5) years as an express condition of granting the license; and

b.[. If the board grants the license subject to a ban, it] May impose other conditions in addition to that ban as express conditions of granting the license.

(b) If a licensee has been convicted of or entered a plea of guilt, an Alford plea, or a plea of nolo contendere to a misdemeanor offense relating to prescribing or dispensing a controlled substance[substances], regardless of adjudication in any state, the appropriate panel:

1.a. Shall, at a minimum, ban the licensee from prescribing or dispensing controlled substances for a period of two (2) to five (5) years as a disciplinary sanction; and

b.[. In addition to this minimum sanction, the panel] May take any appropriate disciplinary action against the license;[,] or

2. Shall[in lieu of the minimum sanction, may] revoke the license[,] based upon the facts available to the panel at the time of action.

(4)(a)1. If an initial applicant has surrendered the applicant’s[their] professional license or placed that license into an inactive or retired status to resolve a pending licensing investigation, the board shall not grant a license to that initial applicant, unless the licensing authority of that state has subsequently reissued or reinstated the license.

2. If the licensing authority of the state has subsequently reissued or reinstated the license, the board shall[may] exercise its normal discretion in determining whether to grant or deny the application based upon the available facts.

(b) If an initial applicant has had a disciplinary action taken against or sanction imposed upon the applicant’s license to practice medicine or osteopathy in any state, the board:

1.a. Shall, at a minimum, impose the same substantive sanctions imposed by the other state as an express condition of granting the license; and

b. May[, or may deny the application, or, in addition to the minimum sanction,] impose additional sanctions as an express condition of granting the license; or

2. Shall deny the application[,] based upon the facts available at the time.

(c) If a licensee has had disciplinary action taken against or sanctions imposed upon the licensee’s[applicant’s][their] license to practice medicine or osteopathy in any state, the appropriate panel:

1.a. Shall, at a minimum, impose the same substantive sanctions as a disciplinary sanction against the licensee’s[applicant’s][their] Kentucky license; and

b.[. In addition to this minimum sanction, the panel] May take any appropriate additional disciplinary action against the licensee[license]; or

2. Shall[, or in lieu of the minimum sanction, the panel may] revoke the license[,] based upon the facts available to the panel at the time of action.

(5)(a) Failure to report [either] a criminal conviction, a[or] plea, or a disciplinary sanction[sanctions] by another licensing board[,] as required by this section[,] shall constitute ["]a violation of law which constitutes an immediate danger to the public health, safety, or welfare,["] for purposes of KRS 311.592 and 13B.125.

(b) If the board or one (1) of its panels learns that a licensee has suffered a qualifying criminal conviction or disciplinary sanction and has failed to report it as required by this section, the panel or its chair may immediately issue an emergency order appropriately suspending or restricting the licensee in accordance with this section.

(c) If [such] an emergency order is issued and an emergency hearing is conducted pursuant to KRS 13B.125(3), the hearing officer shall not modify or amend the scope of the emergency order if there is substantial evidence to support the finding that the licensee failed to report a qualifying criminal conviction or disciplinary sanction as required by this section.

(6)(a) If the only violation charged in a complaint against the licensee is a criminal conviction or disciplinary sanction described in this section, and the conviction or disciplinary action may be proved by accompanying official certification, the board shall take appropriate steps to expedite the resolution of that complaint.

(b) Following receipt of the licensee’s response to the complaint, board counsel shall promptly file a motion for summary disposition on the ground that no genuine issues of material fact are in dispute, pursuant to KRS 13B.090(2).

(c) The licensee:

1. Shall not [be permitted to] re-litigate either the criminal conviction or disciplinary sanction; and

2. May offer as[the only available] defense [is] that the certification of the document is fraudulent.

(d)1. If the licensee has admitted the occurrence of the criminal conviction or disciplinary action in the response, an[no] additional response shall not be given[is required or permitted] to the motion for summary disposition.

2. If the licensee has denied the occurrence of the criminal conviction or disciplinary sanction, and alleges that the certification is fraudulent, the licensee may file a response to the motion for summary disposition[resolution] within twenty (20) days of receipt of the motion.

(e)1. Once the assigned hearing officer determines that a[no] response was either not permitted or not filed within the allotted time or the hearing officer[is permitted or] has received the written response within the time allotted [or determines that a response was not filed within the allotted time], the hearing officer shall issue a ruling upon the motion as soon as possible but no later than thirty (30) days after the motion is submitted for decision.

2. If the hearing officer issues a recommended order, the recommended order shall be presented to the board’s hearing panel at its next meeting for resolution and imposition of the sanction required by this section.

Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Information on Filing a Grievance", January 2013;

(b) "Consumer’s Guide to the KBML", January 2013;

(c) "Grievance Form", January 2013; and

(d) "Waiver of Privilege, Agreement to Release Records", January 2013.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Medical Licensure, 310 Whittington Parkway, Suite 1B, Louisville, Kentucky 40222, Monday through Friday, 8:00 a.m. to 4:30 p.m.

PRESTON P. NUNNELLEY, M.D., President

      APPROVED BY AGENCY: July 20, 2012

      FILED WITH LRC: July 20, 2012 at 2 p.m.

      CONTACT PERSON: C. Lloyd Vest II, General Counsel, Kentucky Board of Medical Licensure, 310 Whittington Parkway, Suite 1B, Louisville, Kentucky 40222, phone (502) 429-7150, fax (502) 429-7118.