321.235 Powers and duties of board -- Personal immunity.
1,364 words·~6 min read·
/ky/chapter-321/321-235A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board shall:
(a)Administer and enforce this chapter and set and evaluate the qualifications of
applicants for licensure, certification, permitting, and registration;
(b)Promulgate administrative regulations in accordance with KRS Chapter 13A
to effectively carry out and enforce the provisions of this chapter;
(c)Promulgate administrative regulations in accordance with KRS Chapter 13A
to establish the fee amounts for all fees required by this chapter and the fees
for services provided by the board. Fees may not exceed amounts necessary to
generate sufficient funds to effectively carry out and enforce the provisions of
this chapter, including costs related to administration; overhead; staffing;
information technology; investigations; inspections; administrative
procedures; court costs; supplies; equipment; travel; educational awards;
reserve funds for capital, operational, and programmatic expenses; and
education and outreach efforts;
(d)Promulgate a code of conduct governing the practice of veterinary medicine
that shall be based upon generally recognized principles of professional
conduct; and
(e)Maintain jurisdiction over persons and premises, regardless of their licensure,
certificate, permit, or registration status relative to acts, omissions,
complaints, grievances, and investigations which occurred during the
licensure, certification, permit, or registration period. The board shall also
maintain jurisdiction over registered facilities, irrespective of their registration
status, relative to acts, omissions, complaints, grievances, and investigations
which occurred during the registration period. This jurisdiction shall be for
purposes of enforcement of this chapter and any administrative regulations
promulgated under this chapter, including the assessment and collection of
fines, costs, and attorneys' fees. Jurisdiction of the board shall also extend to
persons engaging in the unauthorized practice of veterinary medicine,
unauthorized practice of veterinary technology, unauthorized practice of
animal euthanasia, or unauthorized practice of an allied animal health
professional on animals. Licensees, certificate holders, permittees, and
registrants shall not divest the board of jurisdiction by changing or
relinquishing licensure, certificate, permit, or registration status.
(2)The board may:
(a)Issue subpoenas, compel the attendance of witnesses and the production of
accounts, books, and records, examine witnesses, pay appropriate witness
fees, administer oaths, and investigate allegations of practices violating this
chapter;
(b)Promulgate administrative regulations in accordance with KRS Chapter 13A:
1. To establish and enforce minimum standards for:
a. Criteria of programs or other mechanisms to ensure the continuing
competence of licensees, certificate holders, permittees, and
registrants;
b. Codes of conduct for its licensees, certificate holders, permittees,
and registrants; and
c. The registration of veterinary facilities, mobile facilities, and
AAHP facilities;
2. Regarding the limited scopes of allied animal health professional
practices or procedures on animals and the permitting thereof, including:
a. Minimum requirements;
b. Examination requirements and passing scores;
c. Board oversight;
d. Conditions for application, permitting, renewal, renewal grace
periods, and reinstatement;
e. Limitations on practice; and
f. Minimum standards; and
3. To establish:
a. Specific duties and responsibilities of the board;
b. Administration of licensure, certification, permitting, or
registration;
c. Standards in veterinary medicine, medical records, and other
matters pertaining to veterinarians, veterinary technicians, animal
control agencies, animal euthanasia specialists, designated on-site
mangers, allied animal health professionals, veterinary facilities,
AAHP facilities, veterinarian managers, AAHP managers,
registered responsible parties, or unlicensed persons; and
d. A code of conduct for each license, certificate, permit, or
registration class issued by the board;
(c)Conduct investigations, inspections, and hearings, and keep records and
minutes necessary to carry out the function of this chapter;
(d)Enter and inspect any property or premises for the purpose of investigating
either actual or suspected veterinary practices, including practice vehicles and
mobile facilities, at any time for the purpose of ascertaining compliance or
noncompliance with this chapter, or any administrative regulation that may be
promulgated under this chapter, in accordance with protocols established in
this chapter and by the board in an administrative regulation;
(e)Evaluate the qualifications for and authorize the issuance of licenses,
certificates, permits, and registrations to qualified candidates and premises;
(f)Renew or deny licenses, certificates, permits, and registrations, require
continuing education as a condition for renewal, and promulgate
administrative regulations regarding the issuance and renewal of retired and
inactive licenses, certificates, permits, and registrations;
(g)Limit, reprimand, suspend, or revoke licenses, certificates, permits, and
registrations, or impose supervisory or probationary conditions upon
licensees, certificate holders, permittees, or registrants, or impose
administrative disciplinary fines, issue written reprimands, or any
combination thereof;
(h)Issue a notice to comply or a notice of violation to any person for violations of
any provision of this chapter or administrative regulations promulgated
pursuant to this chapter. A "notice to comply" or "NC" may be issued during
the inspection process to request additional information needed to determine
compliance or as a notice to correct a minor violation found during the
inspection. Failure to take corrective action may lead to the issuance of a
"notice of violation" or "NOV." A notice of violation means that a business or
person is operating in violation of the law and subject to penalty pursuant to
this chapter. Each day or part of a day that the violation continues is a separate
violation subject to daily penalties. A notice of violation shall contain:
1. A citation to the statutory or regulatory requirement that has been or is
being violated;
2. A description of the circumstances surrounding the violation, set forth in
common and concise language;
3. Measures required to correct the violation;
4. A reasonable time for correction, if the respondent cannot take measures
to correct the violation immediately; and
5. Notice of rights of appeal;
(i)Advise, consult, and cooperate with other agencies of the Commonwealth,
other states, the federal government, interstate and interlocal agencies, and
affected persons, groups, and industries;
(j)Seek injunctive relief in Franklin Circuit Court to stop the unlawful practice
of veterinary medicine or practice of veterinary technology by unlicensed
persons, or against any person for the enforcement of this chapter or any
administrative regulations promulgated pursuant to this chapter;
(k)Appoint from its own membership or staff one
(1)or more members or
personnel to act as representatives of the board at any meeting within or
outside the Commonwealth; and
(l)Implement an educational award program to award scholarships or
educational awards as determined by the board, to a person in the act of
advancing toward, or having completed a degree in, veterinary medicine or
veterinary technology from an approved veterinary medical program or
approved veterinary technology program, and may take any other appropriate
action to effectuate the Veterinary Medicine Practice Act in accordance with
the following:
1. The selected awardee or awardees shall agree to sign an award contract
guaranteeing to provide food animal or rural veterinary services or to
protect public health in a veterinary resource shortage area identified by
the board. Failure of an awardee to comply with the terms of the award
contract shall be cause for the board to seek reimbursement of the
award;
2. The board shall establish the required members of an educational award
review committee through an administrative regulation and may contract
with other state agencies, entities, and nonprofit organizations for the
endowment, management, and administration of the educational award
program. The requirements for the educational awards program,
including application requirements, criteria for selecting applicants,
criteria for identifying veterinary resource shortage areas, and criteria
for prioritizing underserved areas, shall be determined by the board in
administrative regulation. However, nothing contained in this section
shall be construed as requiring the board to endow or award any
scholarship or educational award; and
3. Educational award monies shall be collected as a portion of veterinarian
and veterinary technician renewal fees. No more than fifteen percent
(15%) of the monies collected during a single veterinarian renewal
period may be applied to the educational awards program.
(3)As a part of any board investigation under this section or KRS 321.351, the board
may require an applicant, credential holder, or any other person engaging in a
veterinary practice or activity regulated by the board under this chapter to submit to
a criminal background investigation conducted in accordance with KRS 321.189.
(4)Members of the board, its agents, and employees shall be immune from personal
liability in any action, civil or criminal, which is based upon any official act or acts
performed by them in good faith.