201 KAR 9:025.
Interpretation and application of KRS 311.571(8).
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 policy and guidelines regarding the application of KRS
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.
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.
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.)