Title 201 | Chapter 021 | Regulation 025
PREVIOUS VERSION
The previous document that this document is based upon is available.
201 KAR 21:025.Board; officers, duties, and compensation.
Section 1.
The officers of the board shall perform the duties established in this section.(1)
The president shall be the chief executive of the board. The president shall preside over all meetings of the board.(2)
The vice president shall perform the duties of the president during the president's absence or inability to serve. The vice president shall perform other reasonable duties delegated to him by the president or by the board.(3)
The executive secretary shall, if necessary or upon the discretion of the board:(a)
Record and present the minutes of a meeting to the board at the next scheduled meeting;(b)
Supervise the administrative functions of the board; and(c)
Perform other reasonable duties delegated to the executive secretary by the board.Section 2.
The board may employ a field coordinator as a part of the regular staff of the board. The field coordinator shall be paid a salary as the board may determine.(1)
The field coordinator may be a member of the board, except that the president or executive secretary, as referenced in KRS 312.055(1), shall not serve as field coordinator.(2)
The field coordinator shall:(a)
Investigate complaints against licensees referred by the board for investigation and report findings to the board;(b)
Not vote on any matter relative to formal or informal complaints against any licensee if:1.
Any of the charges were investigated by him in the capacity of field coordinator; and2.
The field coordinator is a board member; and(c)
Perform other reasonable duties as are delegated by the board.(3)
(a)
If the field coordinator is a member of the board, following the appointment as field coordinator, he or she shall serve until the conclusion of his term of appointment as a member of the board.(b)
A member who has been appointed to the position of field coordinator, who is reappointed to the board following the expiration of the original term, shall continue in the position of field coordinator until a successor is appointed, and accepts and assumes the duties of the position.(c)
A person appointed as field coordinator may be reappointed by the board to the position.(4)
The administrative staff shall assist the board in the performance of its duties and shall:(a)
Keep an accurate and up-to-date file of all licensees of the board, including:1.
Addresses, e-mail addresses, and telephone numbers;2.
Status as to whether or not they are in active practice or are inactive;3.
Whether a licensee is in practice in this state or out of it;4.
Documents establishing attendance at educational programs if these have been requested by the board;5.
All fees paid by licensees; and6.
Providing to the board, at least once each year, the names of licensees who are delinquent in the payment of fees or attendance of educational programs;(b)
Transmit notices for renewal of licenses as provided by KRS 312.175(2);(c)
Transmit notices of special meetings of the board; and(d)
Attend to the correspondence and communications of the board.Section 3.
A member elected as president, vice president, or executive secretary shall serve in office for one (1) year. An officer may be reelected by the board. Officer elections shall take place at the last meeting of the calendar year and shall take effect the first meeting of the following calendar year.Section 4.
Salary and Per Diem Compensation. Board members shall receive $100 per day for each day of actual service to the board.Section 5.
Financial Audit of Board Accounts.(1)
The board shall cause, on a biennial basis, an independent financial audit of board accounts to be conducted and a report made to the board of the results.(2)
The biennial financial audit shall be conducted by the Kentucky Auditor of Public Accounts, or by an independent auditor qualified and licensed as a certified public accountant, and retained by the board. If the Auditor of Public Accounts declines to perform the audit, the board shall perform the audit.(3)
The audit shall be of the previous year's accounts, unless the board finds that a broader audit is necessary, and votes to conduct a broader audit by a majority of the board. The board vote shall define the scope of the audit sought.HISTORY: (6 Ky.R. 164; eff. 10-3-1979; Am. 16 Ky.R. 1612; eff. 4-12-1990; 32 Ky.R. 1728; 33 Ky.R. 1071; eff. 10-18-2006; 43 Ky.R. 766, 1169; eff. 2-3-2017; 47 Ky.R. 778, 1376; eff. 2-4-2021; 49 Ky.R. 1976; eff. 9-27-2023.)
DR. JAMES ENGLAND, Chair
APPROVED BY AGENCY: March 13, 2023
FILED WITH LRC: March 14, 2023 at 1:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on May 25, 2023 at 12:00 noon EST in Room 127CW, The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. All attendees shall comply with all Executive Orders relating to the State of Emergency as may be in effect on the date of the public hearing, which may be found at: https://governor.ky.gov/covid-19. Members of the public may utilize the following link to attend the meeting by video conference: Join from PC, Mac, Linux, iOS or Android: https://us06web.zoom.us/j/82428127008?pwd=blg4a3hSZVkvTnFtUnpMWDFaNkY5QT09 // Password: 059844 // Or Telephone: Dial: USA 713 353 0212; USA 8888227517 (US Toll Free) // Conference code: 446599. Individuals interested in attending this hearing shall notify this agency in writing by May 20, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until 11:59 pm on May 31, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Clayton Patrick, General Counsel, Department of Professional Licensing, 500 Mero Street 237 CW, phone (502) 782-0562 (office), fax (502) 564-4818, email Clayton.Patrick@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clayton Patrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation establishes board offices, procedures for election of same, compensation, and audit procedures.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 312.019.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation establishes board offices, procedures for election of same, compensation, and audit procedures.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of KRS Chapter 312 by carrying out the legislative mandate for the board to establish regulations for the practice of chiropractic.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment will correct a technical error where there was an inconsistency in the frequency of audit dates. Section 5. (1) establishes a biennial independent financial audit and (2) is being corrected to reflect the biennial audit instead of the reference to an annual.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to make technical corrections for consistent audit requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation makes a technical correction for consistent provisions for audit procedure.
(d) How the amendment will assist in the effective administration of the statutes:
See 2(c) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This amendment to the administrative regulation will have no direct impact other than the Board of Chiropractic Examiners other than to make a technical correction to an amendment in 2021.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional actions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
$30,000.00, which is the amount the Board is already required to pay for a biennial audit.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
It will comply with auditory requirements and the frequency of the audits will be consistent with the recommendations of the State Auditor.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create an additional cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create an additional cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Chiropractic Examiners is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increases in fees or funding is necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Board of Chiropractic Examiners.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 312.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate revenue for state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
There are no additional costs to administer this program.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional cost to the agency beyond regular monitoring of continuing education for license renewals.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
There are no additional costs. There is a theoretical savings if it was required annually.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
$30,000.00 every two (2) years, which is the amount the Board is already required to pay.
(d) How much will it cost the regulated entities for subsequent years?
$30,000.00 every two (2) years, which is the amount the Board is already required to pay.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None
Expenditures (+/-):
$30,000.00 is the cost for the biennial audit.
Other Explanation:
This is a technical correction since one section mentions an annual audit.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.
201 KAR 21:025.Board; officers, duties, and compensation.
Section 1.
The officers of the board shall perform the duties established in this section.(1)
The president shall be the chief executive of the board. The president shall preside over all meetings of the board.(2)
The vice president shall perform the duties of the president during the president's absence or inability to serve. The vice president shall perform other reasonable duties delegated to him by the president or by the board.(3)
The executive secretary shall, if necessary or upon the discretion of the board:(a)
Record and present the minutes of a meeting to the board at the next scheduled meeting;(b)
Supervise the administrative functions of the board; and(c)
Perform other reasonable duties delegated to the executive secretary by the board.Section 2.
The board may employ a field coordinator as a part of the regular staff of the board. The field coordinator shall be paid a salary as the board may determine.(1)
The field coordinator may be a member of the board, except that the president or executive secretary, as referenced in KRS 312.055(1), shall not serve as field coordinator.(2)
The field coordinator shall:(a)
Investigate complaints against licensees referred by the board for investigation and report findings to the board;(b)
Not vote on any matter relative to formal or informal complaints against any licensee if:1.
Any of the charges were investigated by him in the capacity of field coordinator; and2.
The field coordinator is a board member; and(c)
Perform other reasonable duties as are delegated by the board.(3)
(a)
If the field coordinator is a member of the board, following the appointment as field coordinator, he or she shall serve until the conclusion of his term of appointment as a member of the board.(b)
A member who has been appointed to the position of field coordinator, who is reappointed to the board following the expiration of the original term, shall continue in the position of field coordinator until a successor is appointed, and accepts and assumes the duties of the position.(c)
A person appointed as field coordinator may be reappointed by the board to the position.(4)
The administrative staff shall assist the board in the performance of its duties and shall:(a)
Keep an accurate and up-to-date file of all licensees of the board, including:1.
Addresses, e-mail addresses, and telephone numbers;2.
Status as to whether or not they are in active practice or are inactive;3.
Whether a licensee is in practice in this state or out of it;4.
Documents establishing attendance at educational programs if these have been requested by the board;5.
All fees paid by licensees; and6.
Providing to the board, at least once each year, the names of licensees who are delinquent in the payment of fees or attendance of educational programs;(b)
Transmit notices for renewal of licenses as provided by KRS 312.175(2);(c)
Transmit notices of special meetings of the board; and(d)
Attend to the correspondence and communications of the board.Section 3.
A member elected as president, vice president, or executive secretary shall serve in office for one (1) year. An officer may be reelected by the board. Officer elections shall take place at the last meeting of the calendar year and shall take effect the first meeting of the following calendar year.Section 4.
Salary and Per Diem Compensation.Section 5.
Financial Audit of Board Accounts.(1)
The board shall cause, on a biennial basis, an independent financial audit of board accounts to be conducted and a report made to the board of the results.(2)
The biennial(3)
The audit shall be of the previous year's accounts, unless the board finds that a broader audit is necessary, and votes to conduct a broader audit by a majority of the board. The board vote shall define the scope of the audit sought.HISTORY: (6 Ky.R. 164; eff. 10-3-1979; Am. 16 Ky.R. 1612; eff. 4-12-1990; 32 Ky.R. 1728; 33 Ky.R. 1071; eff. 10-18-2006; 43 Ky.R. 766, 1169; eff. 2-3-2017; 47 Ky.R. 778, 1376; eff. 2-4-2021; 49 Ky.R. 1976; eff. 9-27-2023.)
DR. JAMES ENGLAND, Chair
APPROVED BY AGENCY: March 13, 2023
FILED WITH LRC: March 14, 2023 at 1:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on May 25, 2023 at 12:00 noon EST in Room 127CW, The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. All attendees shall comply with all Executive Orders relating to the State of Emergency as may be in effect on the date of the public hearing, which may be found at: https://governor.ky.gov/covid-19. Members of the public may utilize the following link to attend the meeting by video conference: Join from PC, Mac, Linux, iOS or Android: https://us06web.zoom.us/j/82428127008?pwd=blg4a3hSZVkvTnFtUnpMWDFaNkY5QT09 // Password: 059844 // Or Telephone: Dial: USA 713 353 0212; USA 8888227517 (US Toll Free) // Conference code: 446599. Individuals interested in attending this hearing shall notify this agency in writing by May 20, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until 11:59 pm on May 31, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Clayton Patrick, General Counsel, Department of Professional Licensing, 500 Mero Street 237 CW, phone (502) 782-0562 (office), fax (502) 564-4818, email Clayton.Patrick@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clayton Patrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation establishes board offices, procedures for election of same, compensation, and audit procedures.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 312.019.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation establishes board offices, procedures for election of same, compensation, and audit procedures.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of KRS Chapter 312 by carrying out the legislative mandate for the board to establish regulations for the practice of chiropractic.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment will correct a technical error where there was an inconsistency in the frequency of audit dates. Section 5. (1) establishes a biennial independent financial audit and (2) is being corrected to reflect the biennial audit instead of the reference to an annual.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to make technical corrections for consistent audit requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 312.019(9) authorizes the Kentucky Board of Chiropractic Examiners to promulgate administrative regulations consistent with KRS Chapter 312, regulating the practice of chiropractic. This administrative regulation makes a technical correction for consistent provisions for audit procedure.
(d) How the amendment will assist in the effective administration of the statutes:
See 2(c) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This amendment to the administrative regulation will have no direct impact other than the Board of Chiropractic Examiners other than to make a technical correction to an amendment in 2021.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional actions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
$30,000.00, which is the amount the Board is already required to pay for a biennial audit.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
It will comply with auditory requirements and the frequency of the audits will be consistent with the recommendations of the State Auditor.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create an additional cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create an additional cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Chiropractic Examiners is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increases in fees or funding is necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Board of Chiropractic Examiners.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 312.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate revenue for state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
There are no additional costs to administer this program.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional cost to the agency beyond regular monitoring of continuing education for license renewals.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
There are no additional costs. There is a theoretical savings if it was required annually.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
$30,000.00 every two (2) years, which is the amount the Board is already required to pay.
(d) How much will it cost the regulated entities for subsequent years?
$30,000.00 every two (2) years, which is the amount the Board is already required to pay.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None
Expenditures (+/-):
$30,000.00 is the cost for the biennial audit.
Other Explanation:
This is a technical correction since one section mentions an annual audit.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.