201 KAR 9:082. Informal proceedings

Link to law: http://www.lrc.ky.gov/kar/201/009/082.htm
Published: 2015

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      201 KAR 9:082.

Informal proceedings.



311.530-311.620, 311.990




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).


      Section 1.

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



      Section 2.

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.


      Section 3.

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;

eff. 10-9-84.)