(1) When a hearing or inquiry panel, as described in KRS § 311.591, has probable cause to believe a physician assistant is suffering from a physical or mental condition that might impede his or her ability to practice competently, the panel, upon consideration of recommendations of the Physician Assistant Advisory Committee established in KRS § 311.842, may order the physician assistant to undergo a physical or mental examination by a person designated by the panel.
(2) Failure of a physician assistant to submit to such an examination when directed, unless the failure is due to circumstances beyond his or her control, shall constitute an admission that the concerned physician assistant has developed such a physical or mental disability, or other condition, that continued practice is dangerous to patients or to the public; said failure shall constitute a default and a final order may be entered without the taking of testimony or presentation of evidence.

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Terms Used In Kentucky Statutes 311.851

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(3) A physician assistant whose license has been suspended, limited, restricted, or revoked under this section and KRS § 311.850, shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to patients.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 39, sec. 6, effective July 15, 2020.