Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
312.019(1) authorizes the
Board of Chiropractic Examiners to promulgate administrative regulations
relating to the practice of chiropractic.
KRS
312.019(3) authorizes the
board to suspend or limit any license issued by it. This administrative
regulation establishes procedures for the emergency suspension or restriction
of a license if there is an immediate danger to the health, welfare, or safety
of a patient or the general public.
Section
1. Emergency Order of Suspension or Limitation.
(1) The board president or the board as a
whole may take emergency action, which shall be in accordance with
KRS
13B.125, by issuing an emergency order to
suspend or limit a license to practice chiropractic. An emergency order shall:
(a) Be based upon a finding by the board
president or the board as a whole that:
1.
The emergency order is in the public interest; and
2. There is substantial evidence of immediate
danger to the health, welfare, or safety of a patient or the general
public;
(b) Specify the
factual basis that caused the emergency condition to exist;
(c) Specify the statutory or regulatory
violation that caused the emergency condition to exist; and
(d) Be served on a licensee in accordance
with
KRS
13B.050(2).
(2) Upon receipt of an emergency
order, a licensee shall immediately comply with the emergency order of
suspension or limitation.
(3) A
licensee may appeal the emergency order. An appeal shall be:
(a) Made by a written request to the
board;
(b) In accordance with
KRS
13B.125; and
(c) Made within thirty (30) days after
receipt of the order.
(4) A chiropractor's license shall be revoked
if:
(a) The licensee does not request a
hearing; or
(b) The condition that
resulted in the emergency order is not corrected within thirty (30) calendar
days of service of the emergency order.
(5) The emergency order shall be affirmed if
there is substantial evidence of an immediate threat to public health, safety,
or welfare.
