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327.040 Duties and powers of the board.
(1)
It shall be the duty of the State Board of Physical Therapy to receive
applications from persons desiring to become physical therapists and to
determine whether said applicants meet the qualifications and standards
required by this chapter of all physical therapists. The board shall also be
charged with enforcement of the provisions of this chapter.
(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 coming to its
notice 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 attorneys
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 chairman 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 promulgated pursuant to
this chapter. The board shall have the authority to 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 a minute book containing a record of all meetings of the
board.
(6) The board shall maintain a register of all persons licensed or certified under
this chapter. This register shall show the name of every licensee or certificate
holder in this state, his current business and residence address and telephone
numbers, and the date and number of his license or certificate. A licensee or
certificate holder shall notify the board of a change of name, address, or
telephone number, within thirty (30) days of the change.
(7) The board's records shall be updated annually.
(8) The board shall publish annually and make available, a current directory of all
licensed physical therapists and certified physical therapists' assistants.
(9) The board shall adopt a seal which shall be affixed to every license and
certificate granted by it.
(10) The board may promulgate administrative regulations establishing a measure
of continued competency as a condition of license renewal.
(11) The board may promulgate and enforce reasonable administrative regulations
for the effectuation of the purposes of this chapter pursuant to the provisions of
KRS Chapter 13A.
(12) The board shall promulgate by administrative regulation a code of ethical
standards and standards of practice.
(13) The board shall have the right to regulate physical therapists' assistants and
may promulgate reasonable administrative regulations regarding certification,
limitations of activities, supervision, and educational qualifications for physical
therapists' assistants. The board may establish reasonable fees for the
certification, renewal, and endorsement of physical therapists' assistants. The
fees shall not exceed corresponding fees for physical therapists.
(14) The board shall promulgate administrative regulations governing the physical
and mental examination of physical therapists, physical therapists' assistants,
or applicants, who may be impaired by reason of a mental, physical, or other
condition that impedes their ability to practice competently. For purposes of
enforcing this section, the board shall have the power 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's
assistant, or applicant may be impaired by reason of a mental, physical, or
other condition that impedes his or her ability to practice competently.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 126, sec. 15, effective July 13, 2004. -Amended 2000 Ky. Acts ch. 313, sec. 4, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 318, sec. 299, effective July 15, 1996. -- Amended 1984 Ky.
Acts ch. 377, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 53,
sec. 4, effective July 15, 1980. -- Amended 1970 Ky. Acts ch. 115, sec. 4. -Created 1958 Ky. Acts ch. 27, sec. 4, effective June 19, 1958.
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