KRS 327.040: Duties and powers of the board.

(1) The board shall:

(a) Administer and enforce this chapter and set and evaluate the qualifications of

applicants for licensure and for provisional licenses; and

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

to:

1. Effectively carry out and enforce the provisions of this chapter,

including the regulation of physical therapists, physical therapist

assistants, and the use of supportive personnel; and

2. Establish the fee amounts for all fees required by this chapter and the

fees for services provided by the board, which shall not exceed amounts

necessary to generate sufficient funds to effectively carry out and

enforce the provisions of this chapter, including the costs set forth in

KRS 327.080(3).

(2) The board is an agency of state government with the power to institute criminal

proceedings in the name of the Commonwealth against violators of this chapter, and

to institute civil proceedings to enjoin any violation of this chapter. The board shall

investigate every alleged violation of this chapter comi ng to its notice by the

complaint procedure set forth in administrative regulations promulgated by the

board, and shall take action as it may deem appropriate. It shall be the duty of the

Attorney General, the Commonwealth's attorneys, and the county attor neys to assist

the board in prosecuting all violations of this chapter.

(3) The board shall meet at least once each quarter at such place in this state as may be

selected by the board. Four (4) members of the board shall constitute a quorum for

the transaction of business. All meetings shall be held at the call of the board chair

or at a call of a quorum of members upon not less than ten (10) days' written notice,

unless notice shall be waived. The presence of any member at any meeting of the

board shall constitute a waiver of notice thereof by the member.

(4) The board may conduct investigations and schedule and conduct administrative

hearings in accordance with KRS Chapter 13B, to enforce the provisions of this

chapter or administrative regulations promulg ated pursuant to this chapter. The

board may administer oaths, receive evidence, interview persons, issue subpoenas,

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

of disobedience to a subpoena, the board may invoke the aid of the Franklin Circuit

Court. Any order or subpoena of the court requiring the attendance or testimony of

witnesses or the production of documentary evidence may be enforced and shall be

valid anywhere in the Commonwealth.

(5) The board shall keep minutes containing a record of all meetings of the board.

(6) The board shall maintain an electronic record of all persons licensed under this

chapter. This record shall show the name of every licensee in this state, the

licensee's cur rent business or residence address and telephone numbers, email

address, and the date and number of the licensee's license. A licensee shall notify

the board of a change of name, address, email address, or telephone number, within

thirty (30) days of the change.

(7) The board shall make available a current directory of all licensed physical therapists

and physical therapist assistants.

(8) The board shall adopt a seal which shall be affixed to every license granted by it.

(9) The board may promulgate admini strative regulations establishing a measure of

continued competency as a condition of license renewal.

(10) The board shall promulgate by administrative regulation a code of ethical standards

and standards of practice.

(11) The board may issue advisory opi nions and declaratory rulings related to this

chapter and the administrative regulations promulgated thereunder as established by

administrative regulations.

(12) The board may regulate physical therapist assistants and may promulgate

reasonable administrative regulations regarding licensure, limitations of activities,

supervision, and educational qualifications for physical therapist assistants. The

board may establish reasonable fees for the licensure, renewal, and endorsement of

physical therapist assist ants. The fees shall not exceed corresponding fees for

physical therapists.

(13) (a) The board shall promulgate administrative regulations governing the physical

and mental examination of physical therapists, physical therapist assistants, or

applicants, w ho may be impaired by reason of a mental, physical, or other

condition that impedes their ability to practice competently.

(b) For purposes of enforcing this subsection and carrying out other duties

prescribed in this chapter, the board shall have the powe r to order an

immediate temporary suspension in accordance with KRS 13B.125 if there is

a reasonable cause to believe that a physical therapist, physical therapist

assistant, or applicant may be impaired by reason of a mental, physical, or

other condition or presents an immediate danger to the health, welfare, or

safety of the public.

(14) The board may convene committees and task forces to review and advise the board

on pertinent issues of public protection of the practice of physical therapy in the

Commonwealth.