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HB 465 (BR 822) - A. Koenig

     AN ACT relating to reorganization.
    Establish and create various sections of KRS Chapter 308, relating to Public Protection Cabinet oversight of state occupational boards; define terms; declare policy regarding occupational licensing; list boards that are regulated under KRS Chapter 308; require the Department of Professional Licensing to provide administrative services, technical assistance, personnel staffing, and meeting space to the boards; organize the boards under seven authorities within the department; manage each authority with an executive director; establish a process for the department to review and evaluate each of its boards once every five years; set standards regarding board members, including appointments by the Governor, three year terms, quorum via majority, and voting eligibility; institute board per diem and travel expense rules; direct board officer elections, board member disqualification standards, and semiannual meeting requirements; establish general board powers; require executive director approval before a board may promulgate an administrative regulation; instruct boards to keep a register of licensees and make an annual report to the Governor and the Legislative Research Commission; fix a set timeline for processing license applications; mandate that any license issued by a board be valid for at least two years; require boards to establish disciplinary review committees to process complaints against licensees; designate the process and limitations for the Governor's appointments to boards based on recommendations from nominating groups; require a licensee to report criminal convictions to the licensee's board; establish continuing education requirements and exemptions; immunize board members, staff, legal counsel, and other persons from civil liability for conduct that is taken in good faith and is within the scope and arising out of the performance of their duties; direct the boards to send licensees a thirty-day notice of expiration both before and after the expiration occurs; prohibit a board from issuing an advisory opinion unless authorized by the board's enabling act; establish the Prescribing Boards Advisory Council within the department, composed of eight ex officio members with expertise in combatting prescription drug abuse; amend KRS 12.020 to add the new authorities and the Office of Inspector General to the cabinet; amend KRS 12.252 to describe the powers and duties of the cabinet's Office of Inspector General; amend various sections of KRS Chapters 198B, 216A, 309, 310, 311, 311B, 312, 313, 314, 314A, 315, 316, 317, 317A, 317B, 319, 319A, 319B, 319C, 320, 322, 322A, 323, 323A, 324, 324A, 325, 326, 327, 329A, 330, 334, 334A, and 335 to conform; amend KRS 325.230 to place the State Board of Accountancy within the Department of Financial Institutions; amend KRS 48.315 to conform; repeal KRS 216A.050, 310.080, 311.540, 311.882, 311B.060, 312.045, 312.055, 312.065, 315.171, 319A.030, 319A.040, 319A.050, 322.260, 322.270, 323.160, 323.180, 323.190, 323.200, 323A.150, 323A.180, 323A.190, 323A.200, 324.2811, 324.284, 324A.025, 324B.010, 324B.020, 324B.030, 324B.040, 324B.050, 324B.060, 334.170, 334A.100, 334A.110, 335.060, and 335.307.


     HCS1 - Retain original provisions; grant occupational boards 30 days to approve or deny an application for licensure; adjust related deadlines to conform; allow only a pharmacist to serve as the executive director of the Pharmacy Authority; enable land surveyor licensees to complete continuing education by means other than in-person training; amend KRS 323.170 to make two of the five architect appointments to the architect board from separate lists of at least three nominees submitted by the Kentucky Society of Architects.
     HFA1( A. Koenig ) - Require the executive director of the Real Estate Authority to have at least 10 years of experience in one of the professions under that authority's jurisdiction; delete automatic board member disqualification under KRS 63.080(1); remove the land surveyor licensee option to complete continuing education by means other than in-person training; require at least one administrator or staff member of the social work board to have spent a minimum of five years as a board licensee, employee, administrator, or staff member.
     HFA2( A. Koenig ) - Enable the medical licensure, nursing, and pharmacy boards to appoint their respective executive directors with the consent of the secretary of the Public Protection Cabinet; permit occupational board members to serve three consecutive terms; allow the real estate commission to charge a criminal record check fee that does not exceed the actual cost of the record check; clarify that accountant board members are appointed for three-year terms.
     HFA3( J. Wayne ) - Delete requirement that a licensing board automatically issue a license if that board fails to act on a license application within forty-five days.

     Feb 26, 2018 - introduced in House
     Feb 28, 2018 - to Licensing, Occupations, & Admin Regs (H)
     Mar 02, 2018 - posted in committee
     Mar 14, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendment (1) filed to Committee Substitute
     Mar 15, 2018 - 2nd reading, to Rules; floor amendment (2) filed to Committee Substitute
     Mar 16, 2018 - posted for passage in the Regular Orders of the Day for Monday, March 19, 2018
     Mar 19, 2018 - floor amendment (3) filed to Committee Substitute; 3rd reading, passed 47-33 with Committee Substitute and floor amendments (1) and (2)
     Mar 20, 2018 - received in Senate
     Mar 21, 2018 - to Licensing, Occupations, & Administrative Regulations (S)