201 KAR 9:082.
RELATES TO: KRS
AUTHORITY: KRS 311.565
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 rules regarding the institution of informal proceedings
pursuant to KRS 311.591(10).
Commencement of Informal Proceedings. At any time after the authorized issuance
of a complaint or the issuance of a show cause order, the responding physician
may seek an informal dispensation of any matter upon signing a waiver that
states that the physician waives his or her right to raise any constitutional,
statutory or common law objection should the board reject the informal proposal
or if informal proceedings are curtailed by the general counsel. The general
counsel shall have complete discretion to negotiate with the responding
physician concerning stipulations of fact, conclusions of law and proposed discipline.
The general counsel shall also have discretion to reject any or all offers of
informal dispensation and may commence informal proceedings on his or her own
Presentation of Proposal to Board. Whenever the general counsel believes that
an appropriate informal dispensation has been negotiated, he or she shall cause
to be presented to the board the responding physician's signed waiver and
stipulations of fact, conclusions of law and a proposed order of informal
dispensation signed by the responding physician and the general counsel. The
documents shall include a line for the signature of an officer of the board and
shall become effective upon being accepted by the board, signed by an officer
and filed of record.
Effect of Rejection. If the board rejects an offer of informal dispensation,
the matter shall continue to proceed as a formal proceeding, provided, however,
that further informal negotiations may be conducted and subsequent offers of
informal dispensation presented to the board. Rejection shall not be taken as a
finding or determination of any kind on behalf of the board and no orders or
other pleadings shall be filed of record in regard to any rejected proposal.
Section 4. Oral
or Written Presentation. The board may allow oral or written presentation
before the board in regard to any offer of informal dispensation. Oral
presentations shall not be recorded and written presentations shall not be
filed of record or included in the board's minutes. All oral and written
presentations shall be heard and considered in closed session. (11 Ky.R. 320;