KRS 309.404: Kentucky Board of Durable Medical Equipment Suppliers.

(1) There is hereby created the Kentucky Board of Durable Medical Equipment

Suppliers that shall be attached for administrative purposes to the Department

of Professional Licensing in the Public Protection Cabinet. The board shall

consist of five (5) members, each appointed by the Governor. Four (4)

members shall be appointed from a list of three (3) names for each position

submitted by the Kentucky Medical Equipment Suppliers Association. One (1)

member shall be a citizen at large who is not associated with or financially

interested in the practice or business regulated. Any vacancy shall be filled for

the unexpired term by the Governor, as provided in the original appointment.

(2) To be eligible for appointment as a member of the board, a person shall be at

least twenty-one (21) years of age, of good moral character, a resident of this

state, and a licensed durable medical equipment services provider in this state

for at least three (3) consecutive years next preceding the date of his or her

appointment.

(3) The terms of office of each member shall be four (4) years, or until a successor

is appointed and qualified.

(4) The board shall elect one (1) of its members as president and another of its

members as secretary. The secretary may, subject to approval by the board,

employ and fix the compensation of all personnel required for the

administration of KRS 309.400 to 309.422. The board may make all rules and

promulgate all administrative regulations, not inconsistent with KRS 309.400 to

309.422, that are necessary to implement and carry out the provisions and

purposes of KRS 309.400 to 309.422.

(5) The board shall hold meetings at least twice a year and as frequently as it

deems necessary at a time and place within the Commonwealth as the board

may designate. A majority of the members shall constitute a quorum.

(6) The board may sue and be sued in its own name.

(7) Members of the board shall be immune from suit in any civil or criminal action

which is based upon any official act or acts performed by them in good faith as

members of the board.

(8) Members of the board shall receive no compensation for their services, but

shall be paid for actual travel and other expenses incurred in connection with

the performance of their duties and the business of the board.

(9) The board may utilize any materials, services, or facilities as may be made

available to it by other state agencies or may contract therefor, to the extent as

the board in its discretion may determine.