There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any current or former member, officer, administrator, agent, or employee of the board, either as a part of the board’s operation or as an individual, as the result of any act, omission, proceeding, conduct, or decision relating to official duties undertaken or performed within the scope of the function of the board, except where actual malice or willful misconduct is shown. A person bringing an action under this section shall prove its elements by clear and convincing evidence.
Effective: July 13, 1990
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Terms Used In Kentucky Statutes 320.242

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Board: means the Kentucky Board of Optometric Examiners. See Kentucky Statutes 320.210
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

History: Created 1990 Ky. Acts ch. 256, sec. 5, effective July 13, 1990.

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