KRS 327.030: Board of Physical Therapy -- Membership -- Qualifications -- Vacancies --

Personnel -- Immunity of members -- Professional liability insurance -- Per

diems -- Hearing officers.

(1) There is hereby established a Board of Physical Therapy which shall consist of

seven (7) members who shall be appointed by the Governor as follows:

(a) One (1) board member shall be a resident of Kentucky who is not affiliated

with or does not have more than five percent (5%) financial interest in any

health care profession or business; and

(b) All other board members shall:

1. Be residents of Kentucky;

2. Have engaged in the practice of physical therapy in Kentucky for the

past five (5) years; and

3. Not have been disciplined by the board, or have been under any

disciplinary action, in the past five (5) years.

(2) All vacancies shall be filled by the Governor from a list of at least three (3) persons

submitted by the American Physical Therapy Association Kentucky Chapter or as

provided by KRS 12.070.

(3) Appointments to the board shall be for a term of four (4) years. All members shall

serve until their successors are appointed and qualify. No member shall serve for

more than two (2) consecutive terms.

(4) The Governor may remove any member of the board for misconduct,

incompetence, or neglect of duty.

(5) The board may request the removal of a board member by the Governor.

(6) The board shall annually elect a chair and chair-elect.

(7) The board shall provi de orientation to all new board members regarding the duties

of the board.

(8) The board may employ an executive director and other personnel and may purchase

materials and supplies it deems necessary for the proper discharge of its duties.

(9) There shall be no liability on the part of, and no action for damages against, any

current or former board member, representative, agent, or employee of the board,

when the person is functioning within the scope of board duties, acting without

malice and with the rea sonable belief that the actions taken by him or her are

warranted by law.

(10) The board may purchase professional liability insurance for its members, staff,

investigators, general counsel, consultants, agents, and employees. The purchase of

or failure to purchase insurance shall not be deemed a waiver of any immunity

already conferred on the board, its members, staff, investigators, general counsel,

consultants, agents, and employees.

(11) Each board member shall receive, in addition to travel, lodging, a nd other actual

and necessary expenses, a per diem not to exceed two hundred fifty dollars ($250)

for each day the member is actually engaged in the discharge of official duties

approved by the board. The board shall, by promulgation of administrative

regulations, set the amount of the per diem.

(12) The board may utilize the Attorney General's pool of hearing officers in accordance

with KRS 13B.030. However, if the Attorney General's office cannot provide a

hearing officer, the board may employ or contract with a hearing officer of its

choice.

(13) With the approval of the board, the executive director may hire additional officers

and other personnel necessary for the proper functioning of the board, fix their

salaries, and prescribe their duties. Any pers on employed under this section shall

not be subject to the provisions of KRS Chapter 18A.