Kentucky Statutes 311.685 – Hearing required before imposition of sanctions — Right to hearing and appeal — Petition for reissuance of revoked license — Probation — Decisions of board not subject to judicial review
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(1) The board, before suspending, revoking, imposing probationary or supervisory conditions upon a licensed acupuncturist, imposing an administrative fine, issuing a written reprimand, or any combination of these actions regarding any licensed acupuncturist under KRS § 311.671 to KRS § 311.686, shall set the matter for a hearing under the provisions of KRS Chapter 13B.
(2) After denying an application under KRS § 311.671 to KRS § 311.686 or issuing a written admonishment, the board, at the request of the aggrieved party, shall grant a hearing under the provisions of KRS Chapter 13B.
(3) Except for final orders denying an initial application or renewal for licensure or final orders issued pursuant to KRS § 13B.125(3), all final orders of the board affecting an acupuncturist’s license shall become effective thirty (30) days after notice is given to the license holder unless otherwise agreed; however, the board’s panels may provide that a final order be effective immediately when, in the panel’s opinion, based upon sufficient reasonable cause, the health, welfare, and safety of patients or the general public would be endangered by delay.
(4) Any acupuncturist who is aggrieved by a final order of the board denying an initial or renewal application for licensure or rendering disciplinary action against a license holder may seek judicial review of the order by filing a petition with the Circuit Court of the county in which the board’s offices are located in accordance with KRS Chapter 13B. Decisions of the board’s panels relating to petitions for reinstatement of revoked licenses are not final orders for purposes of this statute, and are not subject to judicial review.
(5) The court shall not award injunctive relief against the board without providing the board with the reasonable opportunity to be heard.
(6) An acupuncturist whose license has been revoked may, after five (5) years from the effective date of the revocation order, petition the board to reissue the license to again practice acupuncture in the Commonwealth of Kentucky.
(7) The board shall not be required to issue a new license, and a decision of the board not to reissue a license shall not be subject to judicial review. A license shall not be reissued following a petition under subsection (6) of this section unless the former license holder satisfies the board that he or she is presently of good moral character and qualified both physically and mentally to resume the practice of acupuncture without undue risk or danger to patients or the public.
(8) In the event the board reissues a revoked license under the circumstances as described in this section, the reissued license shall be under probation for a period of not less than two (2) years nor more than five (5) years with conditions fixed by the board, including a condition that any violation of the remaining conditions of probation shall result in automatic revocation of the license.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 177, sec. 2, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 24, sec. 13, effective July 15, 2014. — Created 2006
Ky. Acts ch. 249, sec. 15, effective July 12, 2006.
(2) After denying an application under KRS § 311.671 to KRS § 311.686 or issuing a written admonishment, the board, at the request of the aggrieved party, shall grant a hearing under the provisions of KRS Chapter 13B.
Terms Used In Kentucky Statutes 311.685
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(3) Except for final orders denying an initial application or renewal for licensure or final orders issued pursuant to KRS § 13B.125(3), all final orders of the board affecting an acupuncturist’s license shall become effective thirty (30) days after notice is given to the license holder unless otherwise agreed; however, the board’s panels may provide that a final order be effective immediately when, in the panel’s opinion, based upon sufficient reasonable cause, the health, welfare, and safety of patients or the general public would be endangered by delay.
(4) Any acupuncturist who is aggrieved by a final order of the board denying an initial or renewal application for licensure or rendering disciplinary action against a license holder may seek judicial review of the order by filing a petition with the Circuit Court of the county in which the board’s offices are located in accordance with KRS Chapter 13B. Decisions of the board’s panels relating to petitions for reinstatement of revoked licenses are not final orders for purposes of this statute, and are not subject to judicial review.
(5) The court shall not award injunctive relief against the board without providing the board with the reasonable opportunity to be heard.
(6) An acupuncturist whose license has been revoked may, after five (5) years from the effective date of the revocation order, petition the board to reissue the license to again practice acupuncture in the Commonwealth of Kentucky.
(7) The board shall not be required to issue a new license, and a decision of the board not to reissue a license shall not be subject to judicial review. A license shall not be reissued following a petition under subsection (6) of this section unless the former license holder satisfies the board that he or she is presently of good moral character and qualified both physically and mentally to resume the practice of acupuncture without undue risk or danger to patients or the public.
(8) In the event the board reissues a revoked license under the circumstances as described in this section, the reissued license shall be under probation for a period of not less than two (2) years nor more than five (5) years with conditions fixed by the board, including a condition that any violation of the remaining conditions of probation shall result in automatic revocation of the license.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 177, sec. 2, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 24, sec. 13, effective July 15, 2014. — Created 2006
Ky. Acts ch. 249, sec. 15, effective July 12, 2006.