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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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