Kentucky Revised Statutes

Ky. Rev. Stat. § 319.118 (2026)

Immunity of board members from liability -- Standing to institute and

✓ current as of May 2026

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maintain legal actions -- Effect of surrender of license or certificate -- Representation of board by public officers.

(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. Effective: June 21, 2001 History: Amended 2001 Ky. Acts ch. 80, sec. 14, effective June 21, 2001. -- Amended 1992 Ky. Acts ch. 104, sec. 10, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 128, sec. 16, effective July 15, 1986.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2023 · leading case: Rosemond v. Markham, 135 F. Supp. 3d 574 (E.D. Ky. 2015).

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Rosemond v. Markham, 135 F. Supp. 3d 574 (E.D. Ky. 2015). “§ 319.118(2). . . ' *580 On May 7, 2013, the Board and Kentucky’s Attorney General jointly issued a “Cease and Desist Affidavit and Assurance of Voluntary Compliance” to Rosemond, hoping that he would-agree to cease publishing .”

Monnica T. Williams, Phd v. Commonwealth of Kentucky, Pub. Prot. Cabinet, Dep't of Prof'l Licensing, Bd. of Examiners of Psychology (Ky. Ct. App. 2023). · cites it 9× “On July 20, 2022, Dr. Williams petitioned for a writ of prohibition against the Board in the Franklin Circuit Court, alleging the Board was acting without subject-matter jurisdiction.”

Commonwealth, Bd. of Examiners of Psychology v. Funk, 84 S.W.3d 92 (Ky. Ct. App. 2002). “KRS 319.118. The Board regulates the practice of psychology by credentialing and disciplining psychologists.”

— Ky. Rev. Stat. § 319.118(2) — 1 case

— Ky. Rev. Stat. § 319.118(3) — 1 case

Monnica T. Williams, Phd v. Commonwealth of Kentucky, Pub. Prot. Cabinet, Dep't of Prof'l Licensing, Bd. of Examiners of Psychology (Ky. Ct. App. 2023). “On July 20, 2022, Dr. Williams petitioned for a writ of prohibition against the Board in the Franklin Circuit Court, alleging the Board was acting without subject-matter jurisdiction.”

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