Kentucky Statutes 311.911 – Inquiry panel powers
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(1) At any time when an inquiry panel established under KRS § 311.591 has probable cause to believe that an athletic trainer has violated the terms of an agreed order as defined in KRS § 311.550 or a disciplinary order, or that an athletic trainer’s practice constitutes a danger to the health, welfare, or safety of his or her patients or the general public, the inquiry panel may issue an emergency order in accordance with KRS § 13B.125 suspending, limiting, or restricting the athletic trainer’s license.
(2) For the purposes of a hearing conducted under KRS § 13B.125 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An order of temporary suspension, restriction, or limitation shall not be maintained after a final order as defined in KRS § 311.550 is served on the charged athletic trainer pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 30, sec. 7, effective June 25, 2013. — Created
2006 Ky. Acts ch. 248, sec. 7, effective July 12, 2006.
(2) For the purposes of a hearing conducted under KRS § 13B.125 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
Terms Used In Kentucky Statutes 311.911
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An order of temporary suspension, restriction, or limitation shall not be maintained after a final order as defined in KRS § 311.550 is served on the charged athletic trainer pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 30, sec. 7, effective June 25, 2013. — Created
2006 Ky. Acts ch. 248, sec. 7, effective July 12, 2006.