HB 509 — AN ACT relating to access to the records and meetings of public agencies.

Communications of a purely personal nature unrelated to any governmental function;

7.

Memoranda, emails, or text messages in which opinions are expressed or policies formulated or recommended;

8.

Information or documents stored or retained on a device or email account that is the personal property of a current or former employee, officer, board member, or commission member;

or 9.

[.

"Public record" shall not include ]Any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority;

(3) [(a) "Software" means the program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency's computer system.

(b) "Software" consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency;

(4) ](a) "Commercial purpose" means the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.

(b) "Commercial purpose" does[shall] not include:

Page 5 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 1.

Publication or related use of a public record by a newspaper or periodical;

2.

Use of a public record by a radio or television station in its news or other informational programs;

or 3.

Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties;

(4)[(5)] "Official custodian" means the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether the[such] records are in his or her actual personal custody and control;

(5)[(6)] "Custodian" means the official custodian or any authorized person having personal custody and control of public records;

(6)[(7)] "Media" means the physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards;

(7)[(8)] "Mechanical processing" means any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device;

(8)[(9)] "Booking photograph and photographic record of inmate" means a photograph or image of an individual generated by law enforcement for identification purposes when the individual is booked into a detention facility as defined in KRS 520.010 or photograph and image of an inmate taken pursuant to KRS 196.099;

and (9)[(10)] "Resident of the Commonwealth" means:

(a) An individual residing in the Commonwealth;

(b) A domestic business entity with a location in the Commonwealth;

Page 6 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (c) A foreign business entity registered with the Secretary of State;

(d) An individual that is employed and works at a location or locations within the Commonwealth;

(e) An individual or business entity that owns real property within the Commonwealth;

(f) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e) of this subsection;

or (g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a.

to e..

Section 3.

KRS 61.878 is amended to read as follows:

(1) The following[ public] records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:

(a) [Public ]Records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;

(b) Records confidentially disclosed to an agency and compiled and maintained for scientific research.

This exemption shall not, however, apply to records the disclosure or publication of which is directed by another statute;

(c) 1.

Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records;

2.

Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, Page 7 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 which are compiled and maintained:

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or b.

InA conjunctionlink withto ana applicationform forto orcontact the administrationboard ofor assessments,commission incentives,member's inducements,agency-designated andemail taxaccount creditsor asagency-furnished describedemail inaccount; KRS Chapter 154;

c.

In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person;

or d.

For the grant or review of a license to do business.

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and 2.4.

ofThe thisdate paragraphupon shallwhich notthe applyterm toof records the disclosureboard or publicationcommission ofmember whichends. is directed by another statute;

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This(10) exemptionNotwithstanding shallany notother includeprovision thoseof recordsKRS pertaining61.870 to application61.884, toa agenciespublic foragency permitsthat orcomplies licenseswith necessarysubsections to(2), do(3), businessand or(4) of this section shall only be required to expandsearch businessfor operationsor withinproduce theto state,a exceptrequesting asparty providedelectronic ininformation paragraphor (c)documents ofthat thisare subsection;stored or contained in:

(e)(a) [PublicAn ]Recordselectronic whichdevice are developed by an agency in conjunction with the regulation or supervisionsystem ofthat financialis institutions, including but not limited to banks, savings and loan associations, and credit unions, which disclose the agency'sproperty internalof, examining or auditunder criteriathe andcontrol relatedof, analyticalthe methods;public agency;

Pageor 8(b) ofAn 34email XXXXaccount 2/9/2024that 1:21is PMan Jacketedagency-furnished UNOFFICIAL COPY 24 RS BR 1070 (f) The contents of real estate appraisals, engineering or feasibilityagency-designated estimatesemail andaccount. evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired.

TheSection law2. of eminent domain shall not be affected by this provision;

(g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again;

(h) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication.

Unless exempted by other provisions of KRS 61.870 to 61.884,[ public] records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action;

however, records or information compiled and maintained by county attorneys or Commonwealth's attorneys pertaining to criminal investigations or criminal litigation shall be exempted from the provisions of KRS 61.870 to 61.884 and shall remain exempted after enforcement action, including litigation, is completed or a decision is made to take no action.

The exemptions provided by this subsection shall not be used by the custodian of the records to delay or impede the exercise of rights granted by KRS 61.870 to 61.884;

(i) [Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency;

(j) Preliminary recommendations, and preliminary memoranda in which opinions Page 9 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 are expressed or policies formulated or recommended;

(k) ]All[ public] records or information the disclosure of which is prohibited by federal law or regulation or state law;

(j)[(l)] [Public ]Records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly, including any information acquired by the Department of Revenue in tax administration that is prohibited from divulgence or disclosure under KRS 131.190;

(k)[(m)] 1.

[Public ]Records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to:

a.

Criticality lists resulting from consequence assessments;

b.

Vulnerability assessments;

c.

Antiterrorism protective measures and plans;

d.

Counterterrorism measures and plans;

e.

Security and response needs assessments;

f.

Infrastructure records that expose a vulnerability referred to in this subparagraph through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems.

These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems;

g.

The following records when their disclosure will expose a vulnerability referred to in this subparagraph:

detailed drawings, schematics, maps, or specifications of structural elements, floor Page 10 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 plans, and operating, utility, or security systems of any building or facility owned, occupied, leased, or maintained by a public agency;

and h.

Records when their disclosure will expose a vulnerability referred to in this subparagraph and that describe the exact physical location of hazardous chemical, radiological, or biological materials.

2.

As used in this paragraph, "terrorist act" means a criminal act intended to:

a.

Intimidate or coerce a public agency or all or part of the civilian population;

b.

Disrupt a system identified in subparagraph 1.f.

of this paragraph;

or c.

Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency.

3.

On the same day that a public agency denies a request to inspect a[ public] record for a reason identified in this paragraph, that public agency shall forward a copy of the written denial of the request, referred to in KRS 61.880(1), to the executive director of the Kentucky Office of Homeland Security and the Attorney General.

4.

Nothing in this paragraph shall affect the obligations of a public agency with respect to disclosure and availability of[ public] records under state environmental, health, and safety programs.

5.

The exemption established in this paragraph shall not apply when a member of the Kentucky General Assembly seeks to inspect a[ public] record identified in this paragraph under the Open Records Law;

(l)[(n)] [Public or private ]Records, including books, papers, maps, Page 11 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 photographs, cards, tapes, disks[discs, diskettes], recordings, electronic datafiles[software], or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency.

This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law;

(m)[(o)] Records of a procurement process under KRS Chapter 45A or 56.

This exemption shall not apply after:

1.

A contract is awarded;

or 2.

The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited;

(n)[(p)] Client and case files maintained by the Department of Public Advocacy or any person or entity contracting with the Department of Public Advocacy for the provision of legal representation under KRS Chapter 31;

(o)[(q)] Except as provided in KRS 61.168, photographs or videos that depict the death, killing, rape, or sexual assault of a person.

However, such photographs or videos shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, or a mutually agreed upon location, at the request of;

1.

a.

Any victim depicted in the photographs or videos, his or her immediate family, or legal representative;

b.

Any involved insurance company or its representative;

or c.

The legal representative of any involved party;

2.

Any state agency or political subdivision investigating official Page 12 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 misconduct;

or 3.

A legal representative for a person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident.

The person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident or their immediate family shall not be permitted to have access to the photographs or videos;

and (p)[(r)] Records confidentially maintained by a law enforcement agency in accordance with a wellness program, including an early intervention system, as described in KRS 15.409[;

and (s) Communications of a purely personal nature unrelated to any governmental function].

(2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person.

(3) No exemption in this section shall be construed to deny, abridge, or impede the right of a public agency employee, including university employees, an applicant for employment, or an eligible on a register to inspect and to copy any record including preliminary and other supporting documentation that relates to him or her.

The records shall include but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, lay- offs, disciplinary actions, examination scores, and preliminary and other supporting documentation.

A public agency employee, including university employees, applicant, or eligible shall not have the right to inspect or to copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency.

(4) If any[ public] record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material Page 13 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 available for examination.

(5) The provisions of this section shall in no way prohibit or limit the exchange of[ public] records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.

(6) When material is made available pursuant to a request under subsection (1)(o)[(q)] of this section, the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169, and the requesting parties shall not be limited in the number of times they may view the material.

Section 4.

(1) The Circuit Court of the county where the public agency has its principal place of Page 3 of 4 HB050910.100 - 1070 - XXXX 3/12/2024 3:21 PM GA UNOFFICIAL COPY 24 RS HB 509/GA business or where the alleged violation occurred shall have jurisdiction to enforce the provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by injunction or other appropriate order on application of any person.

Page 14 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (5) Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS 61.810, 61.815, 61.820,[ and KRS] 61.823, and 61.840 shall be voidable by a court of competent jurisdiction.

SectionPage 5.4 of 4 HB050910.100 - 1070 - XXXX 3/12/2024 3:21 PM GA

KRS 61.810 is amended to read as follows:

(1) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following:

(a) Deliberations for decisions of the Kentucky Parole Board;

(b) Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency;

(c) Discussions of proposed or pending litigation against or on behalf of the public agency;

(d) Grand and petit jury sessions;

(e) Collective bargaining negotiations between public employers and their employees or their representatives;

(f) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting Page 15 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 that employee's, member's, or student's right to a public hearing if requested.

This exception shall not be interpreted to permit discussion of general personnel matters in secret;

(g) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business;

(h) State and local cabinet meetings and executive cabinet meetings;

(i) Committees of the General Assembly other than standing committees;

(j) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his or her representatives, nor any other individual not a member of the agency's governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;

(k) Meetings which federal or state law specifically require to be conducted in privacy;

(l) Meetings which the Constitution provides shall be held in secret;

(m) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under KRS 61.878(1)(k)[(m)].

However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly;

and (n) Meetings of any selection committee, evaluation committee, or other similar group established under KRS Chapter 45A or 56 or other state or local law, to select a successful bidder for award of a state or local contract.

(2) Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section, shall be subject to the requirements Page 16 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 of subsection (1) of this section.

Nothing in this subsection shall be construed to prohibit discussions between individual members where the purpose of the discussions is to educate the members on specific issues.

Section 6.

KRS 61.872 is amended to read as follows:

(1) All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right.

No resident of the Commonwealth shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record.

(2) (a) Any resident of the Commonwealth shall have the right to inspect public records.

The official custodian may require a written application, signed by the applicant and with his or her name printed legibly on the application, describing the records to be inspected.

The official custodian may require the applicant to provide a statement in the written application of the manner in which the applicant is a resident of the Commonwealth under KRS 61.870(9)[(10)](a) to (f).

(b) The written application shall be:

1.

Hand delivered;

2.

Mailed;

3.

Sent via facsimile;

or 4.

Sent via email[e-mail] to the public agency's official custodian of public records or his or her designee at the email[e-mail] address designated in the public agency's rules and regulations adopted pursuant to KRS 61.876.

(c) A public agency shall not require the use of any particular form for the submission of an open records request, but shall accept for any request the Page 17 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 standardized form developed under KRS 61.876(4).

(3) A resident of the Commonwealth may inspect the public records:

(a) During the regular office hours of the public agency;

or (b) By receiving copies of the public records from the public agency through the mail.

The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he or she precisely describes the public records which are readily available within the public agency.

If the resident of the Commonwealth requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing.

(4) If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.

(5) If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five (5) days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection.

(6) If the application places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof.

However, refusal under this section shall be sustained by clear and convincing evidence.

Section 7.

KRS 61.876 is amended to read as follows:

Page 18 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential functions, to provide assistance and information upon request and to ensure efficient and timely action in response to application for inspection, and such rules and regulations shall include but shall not be limited to:

(a) The principal office of the public agency and its regular office hours;

(b) The title, mailing address, and email[e-mail] address of the official custodian of the public agency's records;

(c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for copies;

(d) The procedures to be followed in requesting public records.

(2) Each public agency shall display in a prominent location accessible to the public, including on its website[Web site]:

(a) A copy of its rules and regulations pertaining to public records;

(b) The mailing address, email[e-mail] address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made;

and (c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records.

(3) The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records.

(4) The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a Page 19 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 public agency.

The form shall not allow any request for information other than the following:

(a) The name of the requesting party;

(b) The mailing or email[e-mail] address of the requesting party, if copies of records are requested;

(c) Whether the request is for a commercial purpose;

(d) A description of the documents requested;

(e) A statement that the person making the request:

1.

Is a resident of the Commonwealth under KRS 61.870(9)[(10)];

and 2.

The statement includes the manner in which the requester is a resident of the Commonwealth under KRS 61.870(9)[(10)](a) to (f);

and (f) The signature of the requesting party.

(5) The Attorney General shall make the form readily available to the public, including on the Attorney General's website[Web site].

The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.

Section 8.

KRS 158.4410 is amended to read as follows:

(1) There is established within the Department of Criminal Justice Training the office of the state school security marshal.

The state school security marshal shall enhance school safety by monitoring school safety and security initiatives, developing reasonable training and other guidelines, developing a school security risk assessment tool pursuant to subsection (5) of this section, and ensuring compliance with the provisions of subsection (7) of this section and KRS 158.162(3).

(2) The office of the state school security marshal shall conduct on-site reviews to ensure compliance with subsection (7) of this section and KRS 158.162(3) as deemed necessary by the state school security marshal.

(3) The state school security marshal shall be appointed by and report to the commissioner of the Department of Criminal Justice Training.

Page 20 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (4) By September 1 of each year the state school security marshal shall present an annual report to the board of the Center for School Safety which shall consist of a summary of the findings and recommendations made regarding the school safety and security activity of the previous school year and other items of significance as determined by the Center for School Safety or the Department of Criminal Justice Training.

Once presented, the annual report information shall also be submitted to the Legislative Research Commission and the Kentucky Board of Education.

(5) By July 1, 2020, the state school security marshal shall develop and update as necessary a school security risk assessment tool in collaboration with the Center for School Safety and the Kentucky Department of Education to be used by local school districts to identify threats, vulnerabilities, and appropriate safety controls for each school within the district.

The tool shall be approved by the board of directors of the Center for School Safety pursuant to KRS 158.443(9)(b) and used by local school administrators when completing a school security risk assessment in accordance with this section.

(6) The assessment tool shall enable administrators to evaluate school security compared to best practices and standards in a minimum of the following areas:

(a) School emergency and crisis preparedness planning;

(b) Security, crime, and violence prevention policies and procedures;

(c) Physical security measures;

(d) Professional development training needs;

(e) Support service roles in school safety, security, and emergency and crisis preparedness planning;

(f) School resource officer staffing, operational practices, and related services;

(g) School and community collaboration on school security;

and (h) An analysis of the cost effectiveness of recommended physical security controls.

Page 21 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (7) No later than July 15, 2021, and each subsequent year, the local district superintendent shall send verification to the state school security marshal and the Kentucky Department of Education that all schools within the district have completed the school security risk assessment for the previous year.

School security risk assessments shall be excluded from the application of KRS 61.870 to 61.884 pursuant to KRS 61.878(1)(k)[(m)].

(8) Beginning with the 2021-2022 school year and each subsequent year, any school that has not completed a school security risk assessment in the previous year shall be required to provide additional mandatory training as established by the Department of Criminal Justice Training for all staff employed at the school.

Section 9.

KRS 313.100 is amended to read as follows:

(1) If it is determined that an entity regulated by the board, a dentist, dental hygienist, dental specialist, or dental assistant has violated a statute, administrative regulation, or practice standard relating to serving as an entity regulated by the board, a dentist, dental hygienist, dental specialist, or dental assistant, the Office of the Board may impose any of the sanctions provided in subsection (2) of this section.

Any party to the complaint shall have the right to propose findings of fact and conclusions of law, and to recommend sanctions.

(2) The Office of the Board shall require an acceptable plan of correction and may use any one (1) or more of the following sanctions when disciplining a dentist, dental hygienist, dental specialist, or dental assistant or any entity regulated by the board:

(a) Private admonishment;

(b) Public reprimand;

(c) Fines;

(d) Revocation of licensure or registration;

(e) Suspension of licensure or registration until a time certain;

(f) Suspension until a certain act or acts are performed;

Page 22 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (g) Limitation of practice permanently;

(h) Limitation of practice until a time certain;

(i) Limitation of practice until a certain act or acts are performed;

(j) Repassing a portion of the clinical examination;

(k) Probation for a specified time and conditions of probation;

or (l) Costs of the disciplinary action as defined by administrative regulation.

(3) A private admonishment shall not be subject to disclosure to the public under KRS 61.878(1)(j)[(l)].

A private admonishment shall not constitute disciplinary action but may be used by the board for statistical purposes or in subsequent disciplinary action against the same licensee, certificate holder, or applicant.

(4) The filing of criminal charges or a criminal conviction for violation of the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the Office of the Board from instituting or imposing board disciplinary action authorized by this chapter against any person or organization violating this chapter or the administrative regulations promulgated thereunder.

(5) The institution or imposition of disciplinary action by the Office of the Board against any person or organization violating the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the filing of criminal charges against or a criminal conviction of any person or organization for violation of the provisions of this chapter or the administrative regulations promulgated thereunder.

(6) The board may maintain an action to enjoin the practice of or the attempt to practice as a dentist, dental hygienist, or dental assistant without a license or registration to do so.

(7) In case of a violation of any injunction granted under this section, the court may use its inherent powers for adequate relief.

(8) (a) Any licensee or certificate holder who has received a private admonishment Page 23 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 may request in writing for the board to expunge the private admonishment from the licensee or certificate holder's permanent record.

(b) The request for expungement may be filed no sooner than three (3) years after the date on which the licensee or certificate holder has completed disciplinary sanctions imposed and if the licensee or certificate holder has not been disciplined for any subsequent violation of the same nature within this period of time.

(c) No person may have his or her record expunged under this chapter more than once.

(9) If it is found the person who is licensed or registered by the board has been convicted of, pled guilty to, or entered an Alford plea to a Class A, B, or C felony offense, or has completed a diversion program for a Class A, B, or C felony offense, the license or registration shall be revoked.

(10) A licensee subject to any disciplinary proceeding under this chapter shall be afforded an administrative hearing conducted in accordance with KRS Chapter 13B and may appeal any final order of the board to the Franklin Circuit Court.

Section 10.

KRS 319.082 is amended to read as follows:

(1) The board may suspend, revoke, or refuse to issue or renew a license;

may accept an assurance of voluntary compliance;

restrict, or place a credential holder on probation;

or issue an administrative reprimand or private admonishment upon proof that the credential holder has:

(a) Committed any act involving moral turpitude, dishonesty, or corruption, relating to the practice of psychology, whether the act constitutes a crime or not, if in accordance with KRS Chapter 335B.

If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action.

Upon conviction of such a crime, the judgment and sentence is presumptive evidence at the ensuing disciplinary hearing of the Page 24 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 guilt of the licensee or applicant of the crime described in the indictment or information and of the person's violation of the statute on which it is based.

For the purpose of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

(b) Misrepresented or concealed a material fact in obtaining a license, or in reinstatement thereof;

(c) Committed any unfair, false, misleading, or deceptive act or practice;

(d) Been incompetent or negligent in the practice of psychology;

(e) Practiced psychology while under the suspension, revocation, or restriction of the individual's license to practice by competent authority in any state, federal, or foreign jurisdiction;

(f) Violated any state statute or administrative regulation governing the practice of psychology, which shall include violation of KRS 304.39-215 and conduct that is subject to the penalties under KRS 304.99-060(4) or (5);

(g) Unlawfully failed to cooperate with the board by:

1.

Not furnishing any papers or documents requested by the board;

2.

Not furnishing in writing a complete explanation covering the matter contained in the complaint filed with the board;

3.

Not appearing before the board at the time and place designated;

or 4.

Not properly responding to subpoenas issued by the board;

(h) Failed to comply with an order issued by the board or an assurance of voluntary compliance;

(i) Aided or abetted an unlicensed person to practice when a license or certificate is required;

(j) Grossly overcharged for professional services;

(k) Practiced beyond the scope demonstrated by an appropriate combination of Page 25 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 knowledge, skill, experience, training, and education;

(l) Failed to provide adequate supervision for certified psychologists, licensed psychological associates, applicants for licensure, or other staff;

(m) Been convicted of any misdemeanor or felony relating to the practice of psychology, if in accordance with KRS Chapter 335B.

For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended;

(n) Physically abused or had sexual contact with a patient, client, student, or supervisee;

(o) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a client, patient, or student, or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310, or been found by the board to have had sexual contact as defined in KRS 510.010 with a client, patient, student, or supervisee;

(p) Improperly divulged confidential information;

(q) Exercised undue influence in such a manner as to exploit the client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party;

(r) Showed an inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition;

or (s) Failed to comply with the requirements of the board for continuing education.

(2) Private admonishment shall not be subject to disclosure to the public under KRS 61.878(1)(j)[(l)] and shall not constitute disciplinary action, but may be used by the board for statistical purposes or in subsequent disciplinary action against the Page 26 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 credential holder or applicant.

(3) No unlawful act or violation of any provision of this chapter by any credential holder employed or supervised by a licensed psychologist shall be cause for the revocation of the supervisor's license, unless the board finds that the licensed psychologist had knowledge of it.

(4) Three (3) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement.

The board shall investigate his or her petition and may reinstate his or her license upon finding that the former licensee has complied with the provisions of this chapter and administrative regulations promulgated by the board and is again able to engage in the practice of psychology with reasonable skill, competency, and safety to the public.

(5) The board may, at its own discretion, reconsider, modify, or reverse its probations, suspensions, revocations, restrictions, or refusals to issue or renew licenses at any time.

Section 11.

KRS 319C.110 is amended to read as follows:

(1) The board, after due notice and an opportunity for an administrative hearing conducted in accordance with KRS Chapter 13B, may take any one (1) or a combination of the following actions against any applied behavior analyst or applied assistant behavior analyst licensee or applicant:

(a) Refuse to license or certify any applicant;

(b) Refuse to renew the license or certificate of any person;

(c) Suspend or revoke or place on probation the license or certificate of any person;

(d) Impose restrictions on the scope of practice of any person;

(e) Issue an administrative reprimand to any person;

(f) Issue a private admonishment to any person;

and (g) Impose fines for violations of this chapter, not to exceed two thousand five Page 27 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 hundred dollars ($2,500).

(2) The following acts by a licensee may be considered cause for disciplinary action:

(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances that impairs the licensee's ability to practice applied behavior analysis;

(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or herself or by persons working under his or her supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;

(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person while that person is a patient or client of the behavior analyst or assistant behavior analyst;

(d) Having sexual contact, as defined by KRS 510.010(7), without the consent of both parties, with an employee or coworker of the licensee;

(e) Sexually harassing an employee or coworker of the licensee;

(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his or her ability to continue to practice competently and safely on the public.

"Conviction," as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;

(g) Obtaining or attempting to obtain a license by fraud or material misrepresentation or making any other false statement to the board;

(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or in advertising services in a false or misleading manner;

(i) Evidence of gross negligence or gross incompetence in his or her practice of behavior analysis;

Page 28 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his or her rights restored;

(k) Failing or refusing to obey any lawful order or administrative regulation of the board;

(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he or she has a financial interest;

and (m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently.

(3) A private admonishment shall not be subject to disclosure to the public under KRS 61.878(1)(j)[(l)].

A private admonishment shall not constitute disciplinary action but may be used by the board for statistical purposes or in subsequent disciplinary action against the same licensee or applicant.

Section 12.

KRS 325.340 is amended to read as follows:

(1) After notice and hearing as provided in KRS Chapter 13B, the board may revoke, suspend, impose a fine not to exceed one thousand dollars ($1,000) for each violation of a provision of this chapter or administrative regulations promulgated by the board under this chapter, refuse to issue or renew any license, censure, place on probation, or issue a private reprimand to any person or firm, all with or without terms, for any one (1) or any combination of the following causes:

(a) Fraud or deceit in obtaining a license issued under this chapter;

(b) Dishonesty, fraud, or negligence while performing any regulated activity, including fiscal dishonesty or an intentional breach of fiduciary responsibility of any kind, and also including but not limited to the following:

1.

Knowing preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information;

Page 29 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 and 2.

Embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses;

(c) Violation of any of the provisions of this chapter or administrative regulations promulgated by the board under this chapter or violation of any order of the board;

(d) Violation of a rule of professional conduct promulgated by the board;

(e) Conviction of any felony, or of any crime in which dishonesty or fraud is an element, under the laws of any state or of the United States.

Conviction includes, but is not limited to, pleading no contest, entering an Alford plea, or entry of a court order suspending the imposition of a criminal penalty to a crime, if in accordance with KRS Chapter 335B;

(f) Cancellation, revocation, suspension, or refusal to renew the authority to practice as a certified public accountant or a public accountant in any state;

(g) Suspension or revocation of the right to practice before any state or federal agency or the Public Company Accounting Oversight Board or its successor;

(h) Conduct discreditable to the accounting profession;

or (i) Failure to respond to a board inquiry regarding any licensing or complaint matter.

(2) In any proceeding in which a remedy provided by subsection (1) of this section is imposed, the board may also require the respondent to pay the costs of the investigation and all proceedings.

(3) A private reprimand shall not be subject to disclosure to the public under KRS 61.878(1)(j)[(l)].

A private reprimand shall not constitute disciplinary action, but may be used by the board for statistical purposes, or in subsequent disciplinary actions against the same licensee.

Page 30 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (4) (a) Any licensee disciplined under this section for a minor violation may request in writing that the board expunge the minor violation from the licensee's record.

(b) A request for expungement may be filed no sooner than ten (10) years after the date on which the licensee completed the disciplinary sanctions imposed and may only be filed if the licensee has not been disciplined, within this same period of time, for any subsequent violation of the same nature.

(c) No licensee may have his, her, or its record expunged under this section more than once.

(d) A minor violation is one that does not:

1.

Demonstrate a serious inability to practice the profession;

2.

Result in economic harm to a person;

or 3.

Create a significant threat of such harm.

(5) The board shall promulgate administrative regulations under KRS Chapter 13A to establish procedures to expunge a minor violation.

Section 13.

KRS 327.070 is amended to read as follows:

(1) The board, after due notice and an opportunity for an administrative hearing conducted in accordance with KRS Chapter 13B may take any one (1) or a combination of the following actions against any licensee, certificate holder, or applicant:

(a) Refuse to license or certify any applicant;

(b) Refuse to renew the license or certificate of any person;

(c) Suspend or revoke or place on probation the license or certificate of any person;

(d) Impose restrictions on the scope of practice of any person;

(e) Issue an administrative reprimand to any person;

(f) Issue a private admonishment to any person;

and Page 31 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (g) Impose fines for violations of this chapter not to exceed two thousand five hundred dollars ($2,500).

(2) The following acts by a licensee, certificate holder, or applicant may be considered cause for disciplinary action:

(a) Indulgence in excessive use of alcoholic beverages or abusive use of controlled substances;

(b) Engaging in, permitting, or attempting to engage in or permit the performance of substandard patient care by himself or herself, or by persons working under his or her supervision due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;

(c) Having engaged in or attempted to engage in a course of lewd or immoral conduct with any person:

1.

While that person is a patient of a health care facility defined by KRS 216B.015 where the physical therapist or physical therapist's assistant provides physical therapy services;

or 2.

While that person is a patient or client of the physical therapist or physical therapist's assistant;

(d) Having sexual contact, as defined by KRS 510.010(7), without the consent of both parties, with an employee or coworker of the licensee or certificate holder;

(e) Sexually harassing an employee or coworker of the licensee or certificate holder;

(f) Conviction of a felony or misdemeanor in the courts of this state or any other state, territory, or country which affects his or her ability to continue to practice competently and safely on the public, if in accordance with KRS Chapter 335B.

"Conviction," as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;

Page 32 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 (g) Obtaining or attempting to obtain a license or certificate by fraud or material misrepresentation or making any other false statement to the board;

(h) Engaging in fraud or material deception in the delivery of professional services, including reimbursement, or advertising services in a false or misleading manner;

(i) Evidence of gross negligence or gross incompetence in his or her practice of physical therapy;

(j) Documentation of being declared mentally disabled by a court of competent jurisdiction and not thereafter having had his or her rights restored;

(k) Failing or refusing to obey any lawful order or administrative regulation of the board;

(l) Promoting for personal gain an unnecessary device, treatment, procedure, or service, or directing or requiring a patient to purchase a device, treatment, procedure, or service from a facility or business in which he or she has a financial interest;

(m) Being impaired by reason of a mental, physical, or other condition that impedes his or her ability to practice competently;

(n) Violation of KRS 304.39-215;

and (o) Conduct that is subject to the penalties under KRS 304.99-060(4) or (5).

(3) A private admonishment shall not be subject to disclosure to the public under KRS 61.878(1)(j)[(l)].

A private admonishment shall not constitute disciplinary action but may be used by the board for statistical purposes or in subsequent disciplinary action against the same licensee, certificate holder, or applicant.

Section 14.

KRS 342.347 is amended to read as follows:

(1) The commissioner or the commissioner's designee shall have power to examine the financial condition and affairs related to workers' compensation of any individual self-insureds and shall have free access to books and documents relating to the self- Page 33 of 34 XXXX 2/9/2024 1:21 PM Jacketed UNOFFICIAL COPY 24 RS BR 1070 insurance activities of the entity.

The commissioner shall so examine each individual self-insured not less frequently than once every four (4) years.

Information obtained through the examination shall be exempt from disclosure, under KRS 61.878(1)(c)[ or (j)].

(2) All individual self-insured employers shall file with the commissioner a statement of financial condition audited by an independent certified public accountant on or before one hundred twenty (120) days from the end of the self-insured's fiscal year for the immediately preceding fiscal year.

(3) The expense of examination shall be borne by the entity examined and shall include reasonable lodging and travel expenses of the commissioner's designees, and expert assistance as necessarily incurred in the examination.

(4) The Department of Insurance shall approve the form and contents of excess insurance policies and upon request of the commissioner shall review the application for approval of any individual self-insured and render an opinion as to the sufficiency of the excess insurance policies or other security posted by the applicant.

(5) Not less often than biennially, the commissioner of the Department of Insurance shall review the activities, procedures, administrative regulations, and policies of the Department of Workers' Claims and make such recommendations to the Governor and legislative committees as may be appropriate to strengthen the oversight of individual self-insureds so that payment of liabilities to workers under this chapter is assured.

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