KRS 309.406: Duties of board -- Administrative regulations -- Order for violator to pay

reasonable costs of investigation and prosecution.

(1) The board may:

(a) Promulgate administrative regulations in accordance with KRS Chapter 13A

necessary to regulate and c ontrol all matters set forth in KRS 309.400 to

309.422 relating to manufacturers and wholesale distributors of home medical

equipment and home medical equipment and services providers in this state,

to the extent that regulation and control has not been de legated to some other

agency of the Commonwealth, provided that:

1. Administrative regulations relating to home medical equipment and

services providers shall be limited to the regulation and control of home

medical equipment sold pursuant to a medical order; and

2. Nothing contained in KRS 309.400 to 309.422 shall be construed as

authorizing the board to promulgate any administrative regulations

relating to prices or fees or to advertising or the promotion of the sales

or use of commodities or services;

(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to

schedule and conduct hearings on behalf of the board on any matter under the

jurisdiction of the board;

(c) Issue and renew all licenses for home medical equipment and service s

providers;

(d) Investigate all complaints or violations of the home medical equipment laws

and the administrative regulations promulgated by the board;

(e) Perform all other functions necessary to carry out applicable provisions of law

and the administra tive regulations promulgated by the board, relating to

manufacturers and wholesale distributors of home medical equipment and

home medical equipment and services providers;

(f) Assess reasonable fees, in addition to the fees specifically provided for in

KRS 309.400 to 309.422 consistent with KRS 61.870 to 61.884, for services

rendered to perform its duties and responsibilities, including but not limited to

the following:

1. Issuance of duplicate licenses;

2. Mailing lists or reports of data maintained by the board;

3. Making copies of documents; or

4. Providing notices of meetings;

(g) Seize any item of home medical equipment found by the board to constitute an

imminent danger to the public health and welfare; and

(h) Oversee and administer the licensure of home medical equipment and services

providers pursuant to KRS 309.400 to 309.422.

(2) In addition to the sanctions provided in KRS 309.418, the board or its hearing

officer shall direct any licensee found guilty of a charge involving a violation of

home medical equipment laws, rules, or administrative regulations of the state, any

other state, or federal government, to pay to the board a sum not to exceed the

reasonable costs of investigation and prosecution of the ca se, not to exceed twenty -

five thousand dollars ($25,000).

(3) In an action for recovery of costs, proof of the board's order shall be conclusive

proof of the validity of the order of payment and any terms for payment.