KRS § 321.235 — KY Code / Title XXVI / Chapter 321 / Section 321.235
321.235 Powers and duties of board -- Personal immunity
Status: in_force

321.235 Powers and duties of board -- Personal immunity.

(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.