309.355 Powers and duties of board -- Criminal background investigations.
550 words·~3 min read·
/ky/chapter-309/309-355A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board shall administer and enforce the provisions of KRS 309.350 to 309.364
and shall have the responsibility to evaluate the qualifications of applicants for
licensure and to authorize issuing, renewing, suspending, and revoking licenses.
(2)The board shall investigate alleged violations brought to its attention, conduct
investigations, and schedule and conduct administrative hearings in accordance with
KRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and
administrative regulations promulgated pursuant to KRS 309.350 to 309.364. The
board shall have the authority to administer oaths, receive evidence, interview
persons, and require the production of books, papers, documents, or other evidence.
The board may institute civil and criminal proceedings against violators of KRS
309.350 to 309.364. The Attorney General, Commonwealth's attorneys, and county
attorneys shall assist the board in prosecuting violations of KRS 309.350 to
309.364.
(3)The board shall promulgate administrative regulations, pursuant to KRS Chapter
13A, to carry out and enforce provisions of KRS 309.350 to 309.364, including
creating a code of ethics, standards of practice, standards of educational program
curriculum and instructor qualification, and continuing education requirements for
licensed massage therapists.
(4)The board shall keep a record of its proceedings and a register of all persons
licensed as massage therapists. The register shall include the name, license number
and date of issue, last known place of business, and residence of each licensee. The
board shall publish annually a directory of licensed massage therapists and their
places of business. The list shall be available to any Kentucky citizen upon request
and payment of a fee not to exceed the cost of the publication.
(5)The board shall make an annual report to the Governor and the General Assembly,
which shall contain an account of its duties performed, actions taken, and
appropriate recommendations.
(6)The board may seek an injunction in the Circuit Court of the county where the
alleged violation occurred against any individual who practices massage therapy in
the Commonwealth without a license.
(7)The board shall require a national and state criminal background investigation for
every applicant seeking a license, certificate, or temporary permit issued by the
board permitting the applicant to engage in the practice of massage therapy. The
criminal background investigation shall be by means of a fingerprint check by the
Department of Kentucky State Police and Federal Bureau of Investigation, pursuant
to the following requirements:
(a)The applicant shall provide his or her fingerprints to the Department of
Kentucky State Police for submission to the Federal Bureau of Investigation
after a state criminal background check is conducted;
(b)The results of the national and state criminal background check shall be sent
to the board for the screening of applicants;
(c)The board shall be prohibited from releasing any criminal history record
information to any private entity or other licensing board, or authorizing
receipt by such entity or board; and
(d)Any fee charged by the Department of Kentucky State Police or the Federal
Bureau of Investigation shall be an amount no greater than the actual cost of
processing the request and conducting the background check. The board may
charge this fee to the applicant for licensure or certification.
(8)The board may employ staff as needed in the conduct of its duties and functions,
and shall fix their compensation.