(1) Except for final orders denying an application or reregistration for licensure or
emergency orders temporarily suspending, limiting, or restricting a physician's
license, all final orders of the board affecting a physician's license shall become
effective thirty (30) days after notice is given to the licensee unless otherwise
agreed; however, the board may provide that a final order be effective immediately
when, in the board's opinion, based upon sufficient reasonable cause, the health,
welfare, and safety of the physician's patients or the general public would be
endangered by delay.
(2) Any physician who is aggrieved by a final order of the board denying a license or
rendering disciplinary action against a licensee 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.
(3) The court shall not award injunctive relief against the board without providing the
board with the reasonable opportunity to be heard.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 257, effective July 15, 1996. --
Amended 1994 Ky. Acts ch. 190, sec. 8, effective July 15, 1994. -- Created 1984 Ky.
Acts ch. 251, sec. 6, effective July 13, 1984.
Notes of Decisions
Kentucky Bd. of Med. Licensure v. Ryan, 151 S.W.3d 778 (Ky. 2004).
· cites it 3× “The statutes governing judicial review of final orders of the Board, KRS 311.593 and KRS 13B.150, do not support the action taken by the circuit judge.”
Gallien v. Kentucky Bd. of Med. Licensure, 336 S.W.3d 924 (Ky. Ct. App. 2011).
· cites it 5× “The Order of Suspension also contained a section entitled, “EFFECTIVE DATE AND APPEAL RIGHTS,” which expressly provided that Appellant had the right to “appeal from this Order, pursuant to KRS 311.593 and 13B.140-150, by filing a Petition for Judicial Review in Jefferson Circuit…”
Sangster v. Kentucky Bd. of Med. Licensure, 454 S.W.3d 854 (Ky. Ct. App. 2014).
· cites it 2× “The Board exercises authority over medical practitioners in Kentucky and has authority to issue subpoenas, conduct various levels of inquiries, make findings and issue different orders.”
Abul-Ela v. Kentucky Bd. of Med. Licensure, 217 S.W.3d 246 (Ky. Ct. App. 2006).
“Abul-Ela filed an appeal from the Board’s order pursuant to KRS 311.593(2). He argued that the Board’s procedures violated the requirements of KRS Chapter 13B and his due process rights.”
— Ky. Rev. Stat. § 311.593(2) — 2 cases
Abul-Ela v. Kentucky Bd. of Med. Licensure, 217 S.W.3d 246 (Ky. Ct. App. 2006).
“Abul-Ela filed an appeal from the Board’s order pursuant to KRS 311.593(2). He argued that the Board’s procedures violated the requirements of KRS Chapter 13B and his due process rights.”
Gallien v. Kentucky Bd. of Med. Licensure, 336 S.W.3d 924 (Ky. Ct. App. 2011).
“The Order of Suspension also contained a section entitled, “EFFECTIVE DATE AND APPEAL RIGHTS,” which expressly provided that Appellant had the right to “appeal from this Order, pursuant to KRS 311.593 and 13B.140-150, by filing a Petition for Judicial Review in Jefferson Circuit…”
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