{"data":{"id":"us-ky/krs-309.355","jurisdiction":"us-ky","citation":"KRS 309.355","heading":"Powers and duties of board -- Criminal background investigations.","body":"(1) The board shall administer and enforce the provisions of KRS 309.350 to 309.364\nand shall have the responsibility to evaluate the qualifications of applicants for\nlicensure and to authorize issuing, renewing, suspending, and revoking licenses.\n(2) The board shall investigate alleged violations brought to its attention, conduct\ninvestigations, and schedule and conduct administrative hearings in accordance with\nKRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and\nadministrative regulations promulgated pursuant to KRS 309.350 to 309.364. The\nboard shall have the authority to administer oaths, receive evidence, interview\npersons, and require the production of books, papers, documents, or other evidence.\nThe board may institute civil and cr iminal proceedings against violators of KRS\n309.350 to 309.364. The Attorney General, Commonwealth's attorneys, and county\nattorneys shall assist the board in prosecuting violations of KRS 309.350 to\n309.364.\n(3) The board shall promulgate administrative r egulations, pursuant to KRS Chapter\n13A, to carry out and enforce provisions of KRS 309.350 to 309.364, including\ncreating a code of ethics, standards of practice, standards of educational program\ncurriculum and instructor qualification, and continuing edu cation requirements for\nlicensed massage therapists.\n(4) The board shall keep a record of its proceedings and a register of all persons\nlicensed as massage therapists. The register shall include the name, license number\nand date of issue, last known place of business, and residence of each licensee. The\nboard shall publish annually a directory of licensed massage therapists and their\nplaces of business. The list shall be available to any Kentucky citizen upon request\nand payment of a fee not to exceed the cost of the publication.\n(5) The board shall make an annual report to the Governor and the General Assembly,\nwhich shall contain an account of its duties performed, actions taken, and\nappropriate recommendations.\n(6) The board may seek an injunction in the Circuit Court of the county where the\nalleged violation occurred against any individual who practices massage therapy in\nthe Commonwealth without a license.\n(7) The board shall require a national and state criminal background investigation for\nevery applic ant seeking a license, certificate, or temporary permit issued by the\nboard permitting the applicant to engage in the practice of massage therapy. The\ncriminal background investigation shall be by means of a fingerprint check by the\nDepartment of Kentucky State Police and Federal Bureau of Investigation, pursuant\nto the following requirements:\n(a) The applicant shall provide his or her fingerprints to the Department of\nKentucky State Police for submission to the Federal Bureau of Investigation\nafter a state criminal background check is conducted;\n(b) The results of the national and state criminal background check shall be sent\nto the board for the screening of applicants;\n(c) The board shall be prohibited from releasing any criminal history record\ninformation to any private entity or other licensing board, or authorizing\nreceipt by such entity or board; and\n(d) Any fee charged by the Department of Kentucky State Police or the Federal\nBureau of Investigation shall be an amount no greater than the actual cost o f\nprocessing the request and conducting the background check. The board may\ncharge this fee to the applicant for licensure or certification.\n(8) The board may employ staff as needed in the conduct of its duties and functions,\nand shall fix their compensation.","path":["KRS Chapter 309"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52652","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:02Z","sha256":"683f78d2c05ad8e2b07ac31fa51af52905a6930850f6dc8a34293b44b6b03918","source_id":"us-ky","stale":false,"prev":"us-ky/krs-309.354","next":"us-ky/krs-309.356"},"notice":"GroundRules: Original legal text. Not legal advice."}