Kentucky Statutes 311.550 – Definitions for KRS 311.530 to 311.620 and 311.990(4) to (6)
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As used in KRS § 311.530 to KRS § 311.620 and 311.990(4) to (6): (1) “Board” means the State Board of Medical Licensure;
(2) “President” means the president of the State Board of Medical Licensure; (3) “Secretary” means the secretary of the State Board of Medical Licensure;
(4) “Executive director” means the executive director of the State Board of Medical
Licensure or any assistant executive directors appointed by the board;
(5) “General counsel” means the general counsel of the State Board of Medical
Licensure or any assistant general counsel appointed by the board;
(6) “Regular license” means a license to practice medicine or osteopathy at any place in this state;
(7) “Limited license” means a license to practice medicine or osteopathy in a specific institution or locale to the extent indicated in the license;
(8) “Temporary permit” means a permit issued to a person who has applied for a regular license, and who appears from verifiable information in the application to the executive director to be qualified and eligible therefor;
(9) “Emergency permit” means a permit issued to a physician currently licensed in another state, authorizing the physician to practice in this state for the duration of a specific medical emergency, not to exceed thirty (30) days;
(10) Except as provided in subsection (11) of this section, the “practice of medicine or osteopathy” means the diagnosis, treatment, or correction of any and all human conditions, ailments, diseases, injuries, or infirmities by any and all means, methods, devices, or instrumentalities;
(11) The “practice of medicine or osteopathy” does not include the practice of Christian Science, the domestic administration of family remedies, the rendering of first aid or medical assistance in an emergency in the absence of a person licensed to practice medicine or osteopathy under the provisions of this chapter, the use of automatic external defibrillators in accordance with the provisions of KRS § 311.665 to KRS § 311.669, the practice of podiatry as defined in KRS § 311.380, the practice of dentistry as defined in KRS § 313.010, the practice of optometry as defined in KRS
320.210, the practice of chiropractic as defined in subsection (2) of KRS § 312.015, the practice as a nurse as defined in KRS § 314.011, the practice of physical therapy as defined in KRS § 327.010, the practice of genetic counseling as defined in KRS
311.690, the performance of duties for which they have been trained by paramedics licensed under KRS Chapter 311A, emergency medical responders, advanced emergency medical technicians, or emergency medical technicians certified under Chapter 311A, the practice of pharmacy by persons licensed and registered under KRS § 315.050, the sale of drugs, nostrums, patented or proprietary medicines, trusses, supports, spectacles, eyeglasses, lenses, instruments, apparatus, or mechanisms that are intended, advertised, or represented as being for the treatment, correction, cure, or relief of any human ailment, disease, injury, infirmity, or condition, in regular mercantile establishments, or the practice of midwifery, or the provision of certified professional midwifery services by a licensed certified
professional midwife as defined in KRS § 314.400;
(12) “Physician” means a doctor of medicine or a doctor of osteopathy;
(13) “Grievance” means any allegation in whatever form alleging misconduct by a physician;
(14) “Charge” means a specific allegation alleging a violation of a specified provision of this chapter;
(15) “Complaint” means a formal administrative pleading that sets forth charges against a physician and commences a formal disciplinary proceeding;
(16) As used in KRS § 311.595(4), “crimes involving moral turpitude” shall mean those crimes which have dishonesty as a fundamental and necessary element, including but not limited to crimes involving theft, embezzlement, false swearing, perjury, fraud, or misrepresentation;
(17) “Telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of medical data, and medical education;
(18) “Order” means a direction of the board or its panels made or entered in writing that determines some point or directs some step in the proceeding and is not included in the final order;
(19) “Agreed order” means a written document that includes but is not limited to stipulations of fact or stipulated conclusions of law that finally resolves a grievance, a complaint, or a show cause order issued informally without expectation of further formal proceedings in accordance with KRS § 311.591(6);
(20) “Final order” means an order issued by the hearing panel that imposes one (1) or more disciplinary sanctions authorized by this chapter;
(21) “Letter of agreement” means a written document that informally resolves a grievance, a complaint, or a show cause order and is confidential in accordance with KRS § 311.619;
(22) “Letter of concern” means an advisory letter to notify a physician that, although there is insufficient evidence to support disciplinary action, the board believes the physician should modify or eliminate certain practices and that the continuation of those practices may result in action against the physician’s license;
(23) “Motion to revoke probation” means a pleading filed by the board alleging that the licensee has violated a term or condition of probation and that fixes a date and time for a revocation hearing;
(24) “Revocation hearing” means a hearing conducted in accordance with KRS Chapter
13B to determine whether the licensee has violated a term or condition of probation; (25) “Chronic or persistent alcoholic” means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic
consumption of alcoholic beverages resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of alcoholic beverages;
(26) “Addicted to a controlled substance” means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic use of any narcotic drug or controlled substance resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of any narcotic drug or controlled substance;
(27) “Provisional permit” means a temporary permit issued to a licensee engaged in the active practice of medicine within this Commonwealth who has admitted to violating any provision of KRS § 311.595 that permits the licensee to continue the practice of medicine until the board issues a final order on the registration or reregistration of the licensee;
(28) “Fellowship training license” means a license to practice medicine or osteopathy in a fellowship training program as specified by the license; and
(29) “Special faculty license” means a license to practice medicine that is limited to the extent that this practice is incidental to a necessary part of the practitioner’s academic appointment at an accredited medical school program or osteopathic school program and any affiliated institution for which the medical school or osteopathic school has assumed direct responsibility.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 100, sec. 24, effective June 27, 2019, and ch.
104, sec. 12, effective June 27, 2019. — Amended 2018 Ky. Acts ch. 143, sec. 16, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 107, sec. 9, effective June 29,
2017. — Amended 2006 Ky. Acts ch. 175, sec. 1, effective July 12, 2006. — Amended
2005 Ky. Acts ch. 99, sec. 585, effective June 20, 2005. — Amended 2004 Ky. Acts ch. 35, sec. 1, effective July 13, 2004. — Amended 2002 Ky. Acts ch. 130, sec. 4, effective July 15, 2002; and ch. 211, sec. 35, effective July 15, 2002. — Amended
2000 Ky. Acts ch. 343, sec. 18, effective July 14, 2000; and ch. 376, sec. 8, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 228, sec. 1, effective July 15, 1998; and ch. 426, sec. 537, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 482, sec. 11, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 302, sec. 5, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 251, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 188, sec. 251, effective July 15, 1980. — Amended 1978
Ky. Acts ch. 107, sec. 1, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 90(9); and ch. 331, sec. 1. — Amended 1972 Ky. Acts ch. 218, sec. 5. — Amended 1968 Ky. Acts ch. 152, sec. 146. — Amended 1958 Ky. Acts ch. 126, sec.
29. — Created 1952 Ky. Acts ch. 150, sec. 1.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 100 and 104, which do not appear to be in conflict and have been codified together.
(2) “President” means the president of the State Board of Medical Licensure; (3) “Secretary” means the secretary of the State Board of Medical Licensure;
Terms Used In Kentucky Statutes 311.550
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(4) “Executive director” means the executive director of the State Board of Medical
Licensure or any assistant executive directors appointed by the board;
(5) “General counsel” means the general counsel of the State Board of Medical
Licensure or any assistant general counsel appointed by the board;
(6) “Regular license” means a license to practice medicine or osteopathy at any place in this state;
(7) “Limited license” means a license to practice medicine or osteopathy in a specific institution or locale to the extent indicated in the license;
(8) “Temporary permit” means a permit issued to a person who has applied for a regular license, and who appears from verifiable information in the application to the executive director to be qualified and eligible therefor;
(9) “Emergency permit” means a permit issued to a physician currently licensed in another state, authorizing the physician to practice in this state for the duration of a specific medical emergency, not to exceed thirty (30) days;
(10) Except as provided in subsection (11) of this section, the “practice of medicine or osteopathy” means the diagnosis, treatment, or correction of any and all human conditions, ailments, diseases, injuries, or infirmities by any and all means, methods, devices, or instrumentalities;
(11) The “practice of medicine or osteopathy” does not include the practice of Christian Science, the domestic administration of family remedies, the rendering of first aid or medical assistance in an emergency in the absence of a person licensed to practice medicine or osteopathy under the provisions of this chapter, the use of automatic external defibrillators in accordance with the provisions of KRS § 311.665 to KRS § 311.669, the practice of podiatry as defined in KRS § 311.380, the practice of dentistry as defined in KRS § 313.010, the practice of optometry as defined in KRS
320.210, the practice of chiropractic as defined in subsection (2) of KRS § 312.015, the practice as a nurse as defined in KRS § 314.011, the practice of physical therapy as defined in KRS § 327.010, the practice of genetic counseling as defined in KRS
311.690, the performance of duties for which they have been trained by paramedics licensed under KRS Chapter 311A, emergency medical responders, advanced emergency medical technicians, or emergency medical technicians certified under Chapter 311A, the practice of pharmacy by persons licensed and registered under KRS § 315.050, the sale of drugs, nostrums, patented or proprietary medicines, trusses, supports, spectacles, eyeglasses, lenses, instruments, apparatus, or mechanisms that are intended, advertised, or represented as being for the treatment, correction, cure, or relief of any human ailment, disease, injury, infirmity, or condition, in regular mercantile establishments, or the practice of midwifery, or the provision of certified professional midwifery services by a licensed certified
professional midwife as defined in KRS § 314.400;
(12) “Physician” means a doctor of medicine or a doctor of osteopathy;
(13) “Grievance” means any allegation in whatever form alleging misconduct by a physician;
(14) “Charge” means a specific allegation alleging a violation of a specified provision of this chapter;
(15) “Complaint” means a formal administrative pleading that sets forth charges against a physician and commences a formal disciplinary proceeding;
(16) As used in KRS § 311.595(4), “crimes involving moral turpitude” shall mean those crimes which have dishonesty as a fundamental and necessary element, including but not limited to crimes involving theft, embezzlement, false swearing, perjury, fraud, or misrepresentation;
(17) “Telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of medical data, and medical education;
(18) “Order” means a direction of the board or its panels made or entered in writing that determines some point or directs some step in the proceeding and is not included in the final order;
(19) “Agreed order” means a written document that includes but is not limited to stipulations of fact or stipulated conclusions of law that finally resolves a grievance, a complaint, or a show cause order issued informally without expectation of further formal proceedings in accordance with KRS § 311.591(6);
(20) “Final order” means an order issued by the hearing panel that imposes one (1) or more disciplinary sanctions authorized by this chapter;
(21) “Letter of agreement” means a written document that informally resolves a grievance, a complaint, or a show cause order and is confidential in accordance with KRS § 311.619;
(22) “Letter of concern” means an advisory letter to notify a physician that, although there is insufficient evidence to support disciplinary action, the board believes the physician should modify or eliminate certain practices and that the continuation of those practices may result in action against the physician’s license;
(23) “Motion to revoke probation” means a pleading filed by the board alleging that the licensee has violated a term or condition of probation and that fixes a date and time for a revocation hearing;
(24) “Revocation hearing” means a hearing conducted in accordance with KRS Chapter
13B to determine whether the licensee has violated a term or condition of probation; (25) “Chronic or persistent alcoholic” means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic
consumption of alcoholic beverages resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of alcoholic beverages;
(26) “Addicted to a controlled substance” means an individual who is suffering from a
medically diagnosable disease characterized by chronic, habitual, or periodic use of any narcotic drug or controlled substance resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of any narcotic drug or controlled substance;
(27) “Provisional permit” means a temporary permit issued to a licensee engaged in the active practice of medicine within this Commonwealth who has admitted to violating any provision of KRS § 311.595 that permits the licensee to continue the practice of medicine until the board issues a final order on the registration or reregistration of the licensee;
(28) “Fellowship training license” means a license to practice medicine or osteopathy in a fellowship training program as specified by the license; and
(29) “Special faculty license” means a license to practice medicine that is limited to the extent that this practice is incidental to a necessary part of the practitioner’s academic appointment at an accredited medical school program or osteopathic school program and any affiliated institution for which the medical school or osteopathic school has assumed direct responsibility.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 100, sec. 24, effective June 27, 2019, and ch.
104, sec. 12, effective June 27, 2019. — Amended 2018 Ky. Acts ch. 143, sec. 16, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 107, sec. 9, effective June 29,
2017. — Amended 2006 Ky. Acts ch. 175, sec. 1, effective July 12, 2006. — Amended
2005 Ky. Acts ch. 99, sec. 585, effective June 20, 2005. — Amended 2004 Ky. Acts ch. 35, sec. 1, effective July 13, 2004. — Amended 2002 Ky. Acts ch. 130, sec. 4, effective July 15, 2002; and ch. 211, sec. 35, effective July 15, 2002. — Amended
2000 Ky. Acts ch. 343, sec. 18, effective July 14, 2000; and ch. 376, sec. 8, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 228, sec. 1, effective July 15, 1998; and ch. 426, sec. 537, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 482, sec. 11, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 302, sec. 5, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 251, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 188, sec. 251, effective July 15, 1980. — Amended 1978
Ky. Acts ch. 107, sec. 1, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 90(9); and ch. 331, sec. 1. — Amended 1972 Ky. Acts ch. 218, sec. 5. — Amended 1968 Ky. Acts ch. 152, sec. 146. — Amended 1958 Ky. Acts ch. 126, sec.
29. — Created 1952 Ky. Acts ch. 150, sec. 1.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 100 and 104, which do not appear to be in conflict and have been codified together.