KRS 309.355: Powers and duties of board -- Criminal background investigations.

(1) The board shall administer and enforce the provisions of KRS 309.350 to 309.364

and shall have the responsibility to evaluate the qualifications of applicants for

licensure and to authorize issuing, renewing, suspending, and revoking licenses.

(2) The board shall investigate alleged violations brought to its attention, conduct

investigations, and schedule and conduct administrative hearings in accordance with

KRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and

administrative regulations promulgated pursuant to KRS 309.350 to 309.364. The

board shall have the authority to administer oaths, receive evidence, interview

persons, and require the production of books, papers, documents, or other evidence.

The board may institute civil and cr iminal proceedings against violators of KRS

309.350 to 309.364. The Attorney General, Commonwealth's attorneys, and county

attorneys shall assist the board in prosecuting violations of KRS 309.350 to

309.364.

(3) The board shall promulgate administrative r egulations, pursuant to KRS Chapter

13A, to carry out and enforce provisions of KRS 309.350 to 309.364, including

creating a code of ethics, standards of practice, standards of educational program

curriculum and instructor qualification, and continuing edu cation requirements for

licensed massage therapists.

(4) The board shall keep a record of its proceedings and a register of all persons

licensed as massage therapists. The register shall include the name, license number

and date of issue, last known place of business, and residence of each licensee. The

board shall publish annually a directory of licensed massage therapists and their

places of business. The list shall be available to any Kentucky citizen upon request

and payment of a fee not to exceed the cost of the publication.

(5) The board shall make an annual report to the Governor and the General Assembly,

which shall contain an account of its duties performed, actions taken, and

appropriate recommendations.

(6) The board may seek an injunction in the Circuit Court of the county where the

alleged violation occurred against any individual who practices massage therapy in

the Commonwealth without a license.

(7) The board shall require a national and state criminal background investigation for

every applic ant seeking a license, certificate, or temporary permit issued by the

board permitting the applicant to engage in the practice of massage therapy. The

criminal background investigation shall be by means of a fingerprint check by the

Department of Kentucky State Police and Federal Bureau of Investigation, pursuant

to the following requirements:

(a) The applicant shall provide his or her fingerprints to the Department of

Kentucky State Police for submission to the Federal Bureau of Investigation

after a state criminal background check is conducted;

(b) The results of the national and state criminal background check shall be sent

to the board for the screening of applicants;

(c) The board shall be prohibited from releasing any criminal history record

information to any private entity or other licensing board, or authorizing

receipt by such entity or board; and

(d) Any fee charged by the Department of Kentucky State Police or the Federal

Bureau of Investigation shall be an amount no greater than the actual cost o f

processing the request and conducting the background check. The board may

charge this fee to the applicant for licensure or certification.

(8) The board may employ staff as needed in the conduct of its duties and functions,

and shall fix their compensation.