Kentucky Statutes 319B.040 – Powers permitted to board — Administrative regulations and services — Disciplinary powers and procedures — Retired or inactive licensure status — Private letter rulings
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The board may:
(1) Employ needed personnel and contract with the Department of Professional Licensing within the Public Protection Cabinet for the provision of administrative services;
(2) Issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter;
(3) Seek injunctive relief in the Circuit Court of the county where the violation occurred to stop the unlawful practice of prosthetics, orthotics, and pedorthics by unlicensed persons;
(4) Conduct hearings pursuant to KRS Chapter 13B and keep records and minutes necessary to carry out the functions of this chapter;
(5) Suspend or revoke licenses, impose supervisory or probationary conditions upon licensees, impose administrative disciplinary fines, issue written reprimands or admonishments, or impose any combination of these penalties;
(6) Grant retired or inactive licensure status under conditions set forth by the board by the promulgation of administrative regulations; and
(7) Issue advisory private letter rulings to any affected licensee who makes such a request regarding any matters within the board’s primary jurisdiction. Any private letter ruling shall affect only the person making the inquiry and shall have no precedential value for any other inquiry or future contested case that might come before the board. Any dispute regarding a private letter ruling may, if the board chooses to do so, be resolved pursuant to KRS Chapter 13B.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 24, effective April 11, 2017. — Created 2010 Ky. Acts ch. 109, sec. 5, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). A reference to the “Division of Occupations and Professions” in subsection (1) of this section, as created by
2010 Ky. Acts ch. 109, sec. 5, has been changed in codification to the “Office of Occupations and Professions” to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
(1) Employ needed personnel and contract with the Department of Professional Licensing within the Public Protection Cabinet for the provision of administrative services;
Terms Used In Kentucky Statutes 319B.040
- Board: means the Kentucky Board of Prosthetics, Orthotics, and Pedorthics. See Kentucky Statutes 319B.010
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Orthotics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis, under an order from a licensed health care practitioner or provider authorized by law to issue such an order, for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Kentucky Statutes 319B.010
- Pedorthics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device, under an order from a licensed health care practitioner or provider authorized by law to issue such an order for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Kentucky Statutes 319B.010
- Person: means a natural person. See Kentucky Statutes 319B.010
- Prosthetics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis, under an order from a licensed health care practitioner or provider authorized by law to issue such an order. See Kentucky Statutes 319B.010
(2) Issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter;
(3) Seek injunctive relief in the Circuit Court of the county where the violation occurred to stop the unlawful practice of prosthetics, orthotics, and pedorthics by unlicensed persons;
(4) Conduct hearings pursuant to KRS Chapter 13B and keep records and minutes necessary to carry out the functions of this chapter;
(5) Suspend or revoke licenses, impose supervisory or probationary conditions upon licensees, impose administrative disciplinary fines, issue written reprimands or admonishments, or impose any combination of these penalties;
(6) Grant retired or inactive licensure status under conditions set forth by the board by the promulgation of administrative regulations; and
(7) Issue advisory private letter rulings to any affected licensee who makes such a request regarding any matters within the board’s primary jurisdiction. Any private letter ruling shall affect only the person making the inquiry and shall have no precedential value for any other inquiry or future contested case that might come before the board. Any dispute regarding a private letter ruling may, if the board chooses to do so, be resolved pursuant to KRS Chapter 13B.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 24, effective April 11, 2017. — Created 2010 Ky. Acts ch. 109, sec. 5, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). A reference to the “Division of Occupations and Professions” in subsection (1) of this section, as created by
2010 Ky. Acts ch. 109, sec. 5, has been changed in codification to the “Office of Occupations and Professions” to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.