Ownership: Kentucky recognizes a corporate practice of medicine prohibition (KRS 311.560), but a 1995 Kentucky Board of Medical Licensure opinion says the Board will not enforce it where the employer does not interfere with independent medical judgment, and registered charitable nonprofits are exempt.
Certificate of need: Kentucky has a broad CON program covering hospitals, nursing homes, ambulatory surgical centers, outpatient clinics, emergency care, ambulance services, hospices, dialysis and major medical equipment.
Nurse practitioners: AANP classifies Kentucky as reduced practice; APRNs need a collaborative agreement with a Kentucky physician (CAPA-NS) to prescribe non-scheduled drugs for their first four years, and a CAPA-CS to prescribe Schedule II to V drugs, which since July 15, 2024 can be dropped after four years of controlled substance prescribing once the Board of Nursing confirms good standing in writing.
Who can own a medical clinic in Kentucky
Kentucky recognizes a corporate practice of medicine prohibition (KRS 311.560), but a 1995 Kentucky Board of Medical Licensure opinion says the Board will not enforce it where the employer does not interfere with independent medical judgment, and registered charitable nonprofits are exempt. Physician practices are usually professional service corporations or PLLCs owned by licensees, and pain management facilities must be physician-owned by statute.
Sources: ndlegis.gov, law.justia.com
Business entity and registration
Physicians commonly form a professional service corporation (PSC) under KRS Chapter 274, whose shares may be issued only to licensed individuals or qualifying professional partnerships, PLLCs and PSCs, or a professional LLC. Entities are filed with the Kentucky Secretary of State, Business Filings.
Sources: law.justia.com, sos.ky.gov
Certificate of need in Kentucky
Kentucky has a broad CON program covering hospitals, nursing homes, ambulatory surgical centers, outpatient clinics, emergency care, ambulance services, hospices, dialysis and major medical equipment. Private physician offices are exempt unless they seek recognition or reimbursement as an ASC or request a major medical equipment expenditure above the capital expenditure minimum; primary care centers, rural health clinics, retail minor-illness clinics and certain diagnostic-only clinics below the equipment threshold are exempt.
Sources: ncsl.org, law.justia.com, law.justia.com
Licenses, registrations and state agencies
The CHFS Office of Inspector General is the licensing agency for health care facilities, including ambulatory surgical centers. Private physician offices doing in-office procedures are not ASCs unless they seek ASC licensure or reimbursement, and pain management facilities (where most patients get controlled substances for pain and the practice focuses on or advertises pain treatment) must be owned by Kentucky-licensed physicians, with KBML enforcing the rules for office-based facilities.
Sources: chfs.ky.gov, law.justia.com, law.justia.com
Kentucky-specific requirements to know
Before first prescribing a Schedule II drug or a Schedule III hydrocodone product, practitioners must query KASPER, the state monitoring system, for the prior 12 months and re-query at least every three months for continuing therapy. Pain management facilities must be physician-owned with a qualified physician owner or designee on site at least half of patient hours. APRNs prescribing controlled substances must hold a CAPA-CS and a KASPER account until released after four years.
Sources: law.justia.com, law.justia.com, law.justia.com
Agencies you will deal with
- Medical board: Kentucky Board of Medical Licensure (KBML)
- Board of nursing: Board of nursing
- Board of pharmacy: Board of pharmacy
- Business registration: Kentucky Secretary of State, Business Services
- Facility licensing: Kentucky Cabinet for Health and Family Services, Office of Inspector General
- Medicaid enrollment: Kentucky Medicaid (Department for Medicaid Services)
Nurse practitioners and physician assistants
Nurse practitioners: AANP classifies Kentucky as reduced practice; APRNs need a collaborative agreement with a Kentucky physician (CAPA-NS) to prescribe non-scheduled drugs for their first four years, and a CAPA-CS to prescribe Schedule II to V drugs, which since July 15, 2024 can be dropped after four years of controlled substance prescribing once the Board of Nursing confirms good standing in writing.
Sources: aanp.org, law.justia.com
Physician assistants: A physician needs Board of Medical Licensure approval to supervise each PA, the application must describe scope of services, communication when not in the same location and countersignature review, and a physician may supervise no more than four PAs at one time.
Sources: law.justia.com
Med spas, injectables and IV therapy in Kentucky
A 2011 KBML opinion on laser surgery lets physicians delegate laser procedures to trained, certified or licensed non-physicians, generally with the supervising physician on site and immediately available, but laser hair removal can be done off site by staff with a didactic course and at least 30 supervised cases, under a responsible physician and medical director. KBML has also issued a joint statement on IV hydration clinics. Confirm the details with the state board and a healthcare attorney.
Sources: kbml.ky.gov, kbml.ky.gov
Planning an aesthetic or IV business? See how to start a med spa and how to start an IV therapy business.
Step-by-step checklist in Kentucky
- Choose your structure and check ownership rules. Decide who will own the practice and confirm it fits Kentucky’s corporate practice of medicine rules. Kentucky recognizes a corporate practice of medicine prohibition (KRS 311.560), but a 1995 Kentucky Board of Medical Licensure opinion says the Board will not enforce it where the employer does not interfere with independent medical judgment, and registered charitable nonprofits are exempt.
- Form the entity with the Kentucky Secretary of State, Business Services. Physicians commonly form a professional service corporation (PSC) under KRS Chapter 274, whose shares may be issued only to licensed individuals or qualifying professional partnerships, PLLCs and PSCs, or a professional LLC.
- Get federal numbers. Apply for an EIN from the IRS, then a Type 2 NPI for the practice and Type 1 NPIs for each clinician through NPPES.
- Confirm licenses with the Kentucky Board of Medical Licensure (KBML). Every physician needs a Kentucky license. Check the board’s rules for any practice registrations, supervision agreements or office requirements before opening.
- Check certificate of need and facility licensing. Kentucky has a broad CON program covering hospitals, nursing homes, ambulatory surgical centers, outpatient clinics, emergency care, ambulance services, hospices, dialysis and major medical equipment.
- Register to prescribe. Register with the DEA for controlled substances and complete any Kentucky controlled substance registration and prescription monitoring program enrollment. Before first prescribing a Schedule II drug or a Schedule III hydrocodone product, practitioners must query KASPER, the state monitoring system, for the prior 12 months and re-query at least every three months for continuing therapy.
- Set up lab, safety and privacy basics. Get a CLIA certificate if you will run any lab tests, including waived tests, and put HIPAA privacy and security and OSHA policies in place.
- Enroll with Medicare, Medicaid and insurers. Enroll in Medicare through PECOS, enroll with Kentucky Medicaid (Department for Medicaid Services) and start commercial credentialing early, because payer enrollment often takes months.
- Plan staffing around NP and PA rules. AANP classifies Kentucky as reduced practice; APRNs need a collaborative agreement with a Kentucky physician (CAPA-NS) to prescribe non-scheduled drugs for their first four years, and a CAPA-CS to prescribe Schedule II to V drugs, which since July 15, 2024 can be dropped after four years of controlled substance prescribing once the Board of Nursing confirms good standing in writing.
- Launch your marketing before opening day. Claim your Google Business Profile, publish a website with online booking and start ads and content four to eight weeks before you open, so the schedule is not empty on day one.
The national steps are explained in more detail in our guide to how to start a medical clinic, and costs are broken down in how much it costs to start a clinic.
Marketing a new clinic in Kentucky
New clinics usually fail on cash flow before they fail on care. The fastest fix is patients booked before opening day: a complete Google Business Profile, a website with online booking, local search ads and a few weeks of social content showing the team and the space. We run that launch for new clinics and keep it going once the doors open.
Plan your Kentucky launch with us →
Sources
- https://ndlegis.gov/assembly/67-2021/testimony/SHUMSER-2128-20210125-3125-F-TRAYNOR_PAT.pdf
- https://law.justia.com/codes/kentucky/chapter-218a/section-218a-175/
- https://law.justia.com/codes/kentucky/chapter-274/section-274-017/
- https://www.sos.ky.gov/bus/
- https://www.ncsl.org/health/certificate-of-need-state-laws
- https://law.justia.com/codes/kentucky/chapter-216b/section-216b-020/
- https://law.justia.com/codes/kentucky/chapter-216b/section-216b-015/
- https://www.aanp.org/advocacy/kentucky
- https://law.justia.com/codes/kentucky/chapter-314/section-314-042/
- https://law.justia.com/codes/kentucky/chapter-311/section-311-854/
- https://chfs.ky.gov/agencies/os/oig/
- https://kbml.ky.gov/board/Documents/Board%20Opinion%20Laser%20Surgery.pdf
- https://kbml.ky.gov/board/Pages/Opinion-and-Policy-Statements.aspx
- https://law.justia.com/codes/kentucky/chapter-218a/section-218a-172/