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KRS 319.118

Immunity of board members from liability -- Standing to institute and maintain legal actions -- Effect of surrender of license or certificate -- Representation of board by public officers

Applied in 2 court decisions — leading case Commonwealth, Board of Examiners of Psychology v. Funk (2002)

Most recently applied in Rosemond v. Markham (September 2015)

Effective: June 21, 2001 History: Amended 2001 Ky

(1) Members of the board, its agents, and employees shall be immune from personal liability in any action, civil or criminal, which is based upon any official act or acts performed by them in good faith.

(2) Notwithstanding the existence or pursuit of any other remedy, civil or criminal, the board may institute and maintain actions to restrain or enjoin any violation of this chapter, rules and administrative regulations, or order of the board.

(3) The surrender of a license shall not serve to deprive the board of jurisdiction to proceed with disciplinary actions pursuant to this chapter.

(4) The city, county, Commonwealth's attorney, and the Attorney General shall, within their respective jurisdictions and within their legal discretion, represent the board, its agents, and employees, in the enforcement of the provisions of this chapter and the rules and administrative regulations of the board.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.