{"data":{"id":"us-ky/krs-327.040","jurisdiction":"us-ky","citation":"KRS 327.040","heading":"Duties and powers of the board.","body":"(1) The board shall:\n(a) Administer and enforce this chapter and set and evaluate the qualifications of\napplicants for licensure and for provisional licenses; and\n(b) Promulgate administrative regulations in accordance with KRS Chapter 13A\nto:\n1. Effectively carry out and enforce the provisions of this chapter,\nincluding the regulation of physical therapists, physical therapist\nassistants, and the use of supportive personnel; and\n2. Establish the fee amounts for all fees required by this chapter and the\nfees for services provided by the board, which shall not exceed amounts\nnecessary to generate sufficient funds to effectively carry out and\nenforce the provisions of this chapter, including the costs set forth in\nKRS 327.080(3).\n(2) The board is an agency of state government with the  power to institute criminal\nproceedings in the name of the Commonwealth against violators of this chapter, and\nto institute civil proceedings to enjoin any violation of this chapter. The board shall\ninvestigate every alleged violation of this chapter comi ng to its notice by the\ncomplaint procedure set forth in administrative regulations promulgated by the\nboard, and shall take action as it may deem appropriate. It shall be the duty of the\nAttorney General, the Commonwealth's attorneys, and the county attor neys to assist\nthe board in prosecuting all violations of this chapter.\n(3) The board shall meet at least once each quarter at such place in this state as may be\nselected by the board. Four (4) members of the board shall constitute a quorum for\nthe transaction of business. All meetings shall be held at the call of the board chair\nor at a call of a quorum of members upon not less than ten (10) days' written notice,\nunless notice shall be waived. The presence of any member at any meeting of the\nboard shall constitute a waiver of notice thereof by the member.\n(4) The board may conduct investigations and schedule and conduct administrative\nhearings in accordance with KRS Chapter 13B, to enforce the provisions of this\nchapter or administrative regulations promulg ated pursuant to this chapter. The\nboard may administer oaths, receive evidence, interview persons, issue subpoenas,\nand require the production of books, papers, documents, or other evidence. In case\nof disobedience to a subpoena, the board may invoke the aid of the Franklin Circuit\nCourt. Any order or subpoena of the court requiring the attendance or testimony of\nwitnesses or the production of documentary evidence may be enforced and shall be\nvalid anywhere in the Commonwealth.\n(5) The board shall keep minutes containing a record of all meetings of the board.\n(6) The board shall maintain an electronic record of all persons licensed under this\nchapter. This record shall show the name of every licensee in this state, the\nlicensee's cur rent business or residence address and telephone numbers, email\naddress, and the date and number of the licensee's license. A licensee shall notify\nthe board of a change of name, address, email address, or telephone number, within\nthirty (30) days of the change.\n(7) The board shall make available a current directory of all licensed physical therapists\nand physical therapist assistants.\n(8) The board shall adopt a seal which shall be affixed to every license granted by it.\n(9) The board may promulgate admini strative regulations establishing a measure of\ncontinued competency as a condition of license renewal.\n(10) The board shall promulgate by administrative regulation a code of ethical standards\nand standards of practice.\n(11) The board may issue advisory opi nions and declaratory rulings related to this\nchapter and the administrative regulations promulgated thereunder as established by\nadministrative regulations.\n(12) The board may regulate physical therapist assistants and may promulgate\nreasonable administrative regulations regarding licensure, limitations of activities,\nsupervision, and educational qualifications for physical therapist assistants. The\nboard may establish reasonable fees for the licensure, renewal, and endorsement of\nphysical therapist assist ants. The fees shall not exceed corresponding fees for\nphysical therapists.\n(13) (a) The board shall promulgate administrative regulations governing the physical\nand mental examination of physical therapists, physical therapist assistants, or\napplicants, w ho may be impaired by reason of a mental, physical, or other\ncondition that impedes their ability to practice competently.\n(b) For purposes of enforcing this subsection and carrying out other duties\nprescribed in this chapter, the board shall have the powe r to order an\nimmediate temporary suspension in accordance with KRS 13B.125 if there is\na reasonable cause to believe that a physical therapist, physical therapist\nassistant, or applicant may be impaired by reason of a mental, physical, or\nother condition or presents an immediate danger to the health, welfare, or\nsafety of the public.\n(14) The board may convene committees and task forces to review and advise the board\non pertinent issues of public protection of the practice of physical therapy in the\nCommonwealth.","path":["KRS Chapter 327"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57290","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:21Z","sha256":"c160ce37f21d1d3a61d57886df79a65cff0f1c6c0614f3575eded9aa9c3b877c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-327.030","next":"us-ky/krs-327.045"},"notice":"GroundRules: Original legal text. Not legal advice."}
