Kentucky Statutes 319C.050 – Powers and duties of board
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(1) It shall be the duty of the board to establish requirements for licensure to practice applied behavior analysis in the state in accordance with KRS § 319C.060, to receive applications for licensure from persons desiring to become a behavior analyst, an assistant behavior analyst, or a temporary licensee from persons seeking to obtain supervised experience in the state, and to determine whether those applicants meet the qualifications and standards required by this chapter of all behavior analysts, assistant behavior analysts, or temporary licensees.
(2) The board is an agency of state government with the power to institute criminal proceedings in the name of the Commonwealth against violators of this chapter, and to institute civil proceedings to enjoin any violation of this chapter. The board shall investigate every alleged violation of this chapter brought to the board’s notice and shall take action as it may deem appropriate. It shall be the duty of the Attorney General, the Commonwealth’s attorneys, and the county attorneys to assist the board in prosecuting all violations of this chapter.
(3) All meetings shall be held at the call of the chair or at a call of a majority of members upon not less than ten (10) days’ written notice, unless notice shall be waived. The presence of any member at any meeting of the board shall constitute a waiver of notice thereof by the member.
(4) The board may conduct investigations and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce the provisions of this chapter or administrative regulations promulgated pursuant to this chapter. The board shall have the authority to administer oaths, receive evidence, interview persons, issue subpoenas, and require the production of books, papers, documents, or other evidence. In case of disobedience to a subpoena, the board may invoke the aid of the Franklin Circuit Court. Any order or subpoena of the court requiring the attendance or testimony of witnesses or the production of documentary evidence may be enforced and shall be valid anywhere in the Commonwealth.
(5) The board shall keep a minute book containing a record of all meetings of the board.
(6) The board shall maintain a register of all persons licensed under this chapter. This register shall show the name of every licensee in this state, his or her current business and residence address and telephone numbers, and the date and number of his or her license. A licensee shall notify the board of a change of name, address, or telephone number, within thirty (30) days of the change.
(7) The board’s records shall be updated annually.
(8) The board shall publish annually and make available a current directory of all licensed behavior analysts, licensed assistant behavior analysts, and temporary licensees obtaining supervised experience.
(9) The board shall adopt a seal which shall be affixed to every license and certificate granted by it.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 5, effective July 15, 2010.
(2) The board is an agency of state government with the power to institute criminal proceedings in the name of the Commonwealth against violators of this chapter, and to institute civil proceedings to enjoin any violation of this chapter. The board shall investigate every alleged violation of this chapter brought to the board’s notice and shall take action as it may deem appropriate. It shall be the duty of the Attorney General, the Commonwealth’s attorneys, and the county attorneys to assist the board in prosecuting all violations of this chapter.
Terms Used In Kentucky Statutes 319C.050
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Applied behavior analysis: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See Kentucky Statutes 319C.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Kentucky Applied Behavior Analysis Licensing Board. See Kentucky Statutes 319C.010
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Subpoena: A command to a witness to appear and give testimony.
- Supervised experience: means services rendered as a part of the certification requirements of a behavior analyst or assistant behavior analyst under the supervision of a licensed behavior analyst. See Kentucky Statutes 319C.010
- Temporary licensee: means a person who is obtaining supervised experience and has obtained a temporary license. See Kentucky Statutes 319C.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) All meetings shall be held at the call of the chair or at a call of a majority of members upon not less than ten (10) days’ written notice, unless notice shall be waived. The presence of any member at any meeting of the board shall constitute a waiver of notice thereof by the member.
(4) The board may conduct investigations and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce the provisions of this chapter or administrative regulations promulgated pursuant to this chapter. The board shall have the authority to administer oaths, receive evidence, interview persons, issue subpoenas, and require the production of books, papers, documents, or other evidence. In case of disobedience to a subpoena, the board may invoke the aid of the Franklin Circuit Court. Any order or subpoena of the court requiring the attendance or testimony of witnesses or the production of documentary evidence may be enforced and shall be valid anywhere in the Commonwealth.
(5) The board shall keep a minute book containing a record of all meetings of the board.
(6) The board shall maintain a register of all persons licensed under this chapter. This register shall show the name of every licensee in this state, his or her current business and residence address and telephone numbers, and the date and number of his or her license. A licensee shall notify the board of a change of name, address, or telephone number, within thirty (30) days of the change.
(7) The board’s records shall be updated annually.
(8) The board shall publish annually and make available a current directory of all licensed behavior analysts, licensed assistant behavior analysts, and temporary licensees obtaining supervised experience.
(9) The board shall adopt a seal which shall be affixed to every license and certificate granted by it.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 5, effective July 15, 2010.