KRS § 314.131 — KY Code / Title XXVI / Chapter 314 / Section 314.131
314.131 Board meetings -- Administrative regulations -- Officers -- Quorum -- Duties -- Executive director -- Compensation of members -- Liability insurance -- Expunging of disciplinary action records
Status: in_force

314.131 Board meetings -- Administrative regulations -- Officers -- Quorum --

Duties -- Executive director -- Compensation of members -- Liability insurance

-- Expunging of disciplinary action records.

(1) The board shall meet at least annually and shall elect from its members a president

and any other officers that it deems necessary. Nine members of the board including

one (1) officer shall constitute a quorum at any meeting. The board is authorized to

promulgate administrative regulations not inconsistent with the law and subject to

the provisions of KRS Chapter 13A, as may be necessary to enable it to carry into

effect the provisions of this chapter. The board may require, by administrative

regulation, that licensees and applicants utilize a specific method of submission of

documents or information that is required to be provided to the board under this

chapter and the administrative regulations of the board, including electronic

submission.

(2) The board shall approve programs of nursing and shall monitor compliance with

standards for nurse competency under this chapter. It shall examine, license, and

renew the license of duly-qualified applicants; determine notice of place and time of

licensure examinations; approve providers of continuing education; administer

continuing education requirements; issue advisory opinions or declaratory rulings

dealing with the practice of nursing; register and designate those persons qualified

to engage in advanced nursing practice; and it shall conduct administrative hearings

in accordance with KRS Chapter 13B upon charges calling for discipline of a

licensee and cause the prosecution of all persons violating any provisions of this

chapter. It shall keep a record of all its proceedings and make an annual report to

the Governor.

(3) The board shall develop specific guidelines to follow upon receipt of an allegation

of sexual misconduct by a nurse licensed by the board. The guidelines shall include

investigation, inquiry, and hearing procedures which ensure that the process does

not revictimize the alleged victim or cause harm if a nurse is falsely accused.

(4) The board and investigators hired by the board shall receive training on the

dynamics of sexual misconduct of professionals, including the nature of this abuse

of authority, characteristics of the offender, the impact on the victim, the possibility

and the impact of false accusations, investigative procedure in sex offense cases,

and effective intervention with victims and offenders.

(5) The board shall employ a qualified person to serve as executive director to the

board, and shall fix the compensation and define the duties of the executive

director. It may employ other persons as may be necessary to carry on the work of

the board.

(6) The executive director shall have at least the qualifications for board members, and

a master's degree in nursing or equivalent and shall have had at least two (2) years

of experience in nursing administration immediately preceding the time of

appointment.

(7) With the approval of the board, the executive director may hire additional officers

and other personnel necessary for the proper functioning of the board, fix their

salaries, and prescribe their duties. Any person employed under this section shall

not be subject to the provisions of KRS Chapter 18A.

(8) Each member of the board shall receive, in addition to traveling, hotel, and other

necessary expenses, one hundred fifty dollars ($150) for each day the member is

actually engaged in the discharge of official duties.

(9) The board may, in its discretion, purchase liability insurance for board and staff

members against acts performed in good faith discharge of duties.

(10) The board may, by administrative regulation issued pursuant to the provisions of

KRS Chapter 13A, determine which disciplinary action records may be expunged.

Any records which are expunged shall be exempt from disclosure under the

Kentucky Open Records Law, KRS 61.870 to 61.884. The board shall not report its

disciplinary actions for any purpose other than statistical.

(11) The board may reimburse any person appointed by direction of the board to any

committee, subcommittee, or task force created by the board for his or her travel

and subsistence expenses as established through the promulgation of administrative

regulations in accordance with KRS Chapter 13A.