Yes, the KBN can subpoena records to assist them in evaluating a complaint received.
KRS 314.091(3) allows the KBN to "issue subpoenas to compel the attendance of witnesses and the production of documents in the conduct of an investigation. The subpoenas may be enforced by the Circuit Court as for contempt. Any order or subpoena of the court requiring the attendance and testimony of witnesses and the production of documentary evidence may be enforced and shall be valid anywhere in this state."
Subpoenaed information where a copy of the record and not an original record is provided in response should contain a Certification of Records Form to be completed by the business or facility complying with the subpoena. See the KBN Document Library and use the search term ((Certification of Records)) to obtain the certification of records form.
Pursuant to 45 CFR 164.512 the Kentucky Board of Nursing is a Health Oversight Agency engaged in oversight activities authorized by law. Consequently, the patient authorization requirements of HIPAA do not apply to KBN.