Kentucky Statutes 311A.020 – Powers and duties of board — Executive director and deputy executive director — Persons employed by board — Personnel committee — Proposed biennial budget
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(1) The board shall:
(a) Exercise all of the administrative functions of the state not regulated by the Board of Medical Licensure or Cabinet for Health and Family Services in the regulation of the emergency medical services system and the practice of emergency medical services, and emergency medical services training institutions, with the exception of employment of personnel as described in subsections (5) and (6) of this section;
(b) Issue any licenses or certifications authorized by this chapter;
(c) Oversee the operations and establish the organizational structure of the Office of the Kentucky Board of Emergency Medical Services, which is created and shall be attached to the board for administrative purposes. The office shall be headed by the executive director appointed under paragraph (d) of this subsection and shall be responsible for:
1. Personnel and budget matters affecting the board;
2. Fiscal activities of the board, including grant writing and disbursement of funds;
3. Information technology, including the design and maintenance of databases;
4. Certification and recertification of emergency medical responders;
5. Certification and recertification of emergency medical technicians and advanced emergency medical technicians;
6. Licensure and relicensure of ambulances, ambulance services, and mobile integrated healthcare programs;
7. Licensure and relicensure of paramedics;
8. Certification and recertification of advanced practice paramedics;
9. Certification and recertification of EMS educators;
10. Investigation of and resolution of complaints and ethics issues pertaining to professional certifications and licenses;
11. The resolution of complaints and ethics issues pertaining to ambulances, ambulance services, and mobile integrated healthcare programs; and
12. Other responsibilities that may be assigned to the executive director by the board;
(d) Employ an executive director and deputy executive director and fix the compensation. The executive director and deputy executive director shall serve at the pleasure of the board, administer the day-to-day operations of the Office of the Kentucky Board of Emergency Medical Services, and supervise all directives of the board. The director and deputy executive director shall possess a baccalaureate degree and shall have no less than five (5) years of
experience in public administration or in the administration of an emergency medical services program;
(e) Employ or contract with a physician licensed in Kentucky who is board certified in emergency medicine and fix the compensation. The physician shall serve at the pleasure of the board and as the medical advisor to the Kentucky Board of Emergency Medical Services and the staff of the board;
(f) Employ or contract with an attorney licensed to practice law in Kentucky and fix the compensation. The attorney shall serve at the pleasure of the board and have primary assignment to the board. The board and the attorney shall implement and oversee the regulatory process;
(g) Employ personnel sufficient to carry out the statutory responsibilities of the board in accordance with the following:
1. Personnel assigned to investigate an emergency medical responder program complaint or regulate the emergency medical responder programs shall be certified emergency medical responders, emergency medical technicians, advanced emergency medical technicians, or licensed paramedics;
2. Personnel assigned to investigate an emergency medical technician program complaint or regulate the emergency medical technician program shall be certified emergency medical technicians, advanced emergency medical technicians, or paramedics;
3. Personnel assigned to investigate an advanced emergency medical technician program complaint or regulate the advanced emergency medical technician program shall be certified advanced emergency medical technicians or paramedics;
4. Personnel assigned to investigate a paramedic program complaint or regulate the paramedic program shall be licensed paramedics;
5. A person who is employed by the board who is licensed or certified by the board shall retain his or her license or certification if he or she meets the in-service training requirements and pays the fees specified by administrative regulation;
6. A person who is employed by the board may instruct in emergency medical subjects in which he or she is qualified, with the permission of the board. All instruction shall be rendered without remuneration other than his or her state salary and the employee shall be considered as on state duty when teaching; and
7. A person who is employed by the board may render services for which the person is qualified at a declared disaster or emergency or in a situation where trained personnel are not available until those personnel arrive to take over the patient, or where insufficient trained personnel are available to handle a specific emergency medical incident. All aid shall be rendered without remuneration other than the employee’s state salary and the employee shall be considered as on state duty when rendering
aid. In cases specified in this paragraph, the state medical advisor shall serve as the emergency medical services medical director for the employee;
(h) Establish committees and subcommittees and the membership thereof.
Members of committees and subcommittees do not need to be members of the board but shall reflect the qualifications of the board members;
(i) Enter into contracts, apply for grants and federal funds, and disburse funds to local units of government as approved by the General Assembly. All funds received by the board shall be placed in a trust and agency account in the State Treasury subject to expenditure by the board;
(j) Administer the Emergency Medical Services for Children Program; and
(k) Establish minimum curriculum and standards for emergency medical services training.
(2) The board may utilize materials, services, or facilities as may be made available to it by other state agencies or may contract for materials, services, or facilities.
(3) The board may delegate to the executive director, by written order, any function specified in this chapter other than promulgation of an administrative regulation.
(4) Except for securing funding for trauma centers, the board shall not serve as the lead agency relating to the development or regulation of trauma systems, but shall be a partner with other state agencies in the development, implementation, and oversight of such systems.
(5) The chair of the board shall appoint a personnel committee. The personnel committee shall conduct an annual job performance review of the executive director, the medical advisor, and the board attorney that conforms with the state personnel standards and includes a recommendation for or against continued employment to be presented to the board.
(6) The board shall develop a proposed biennial budget for all administrative and operational functions and duties.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 126, sec. 2, effective July 14, 2022. — Amended
2019 Ky. Acts ch. 100, sec. 3, effective June 27, 2019. — Amended 2006 Ky. Acts ch. 243, sec. 2, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 99, sec. 593, effective June 20, 2005. — Created 2002 Ky. Acts ch. 211, sec. 3, effective July 15,
2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 243, sec. 2, contained a reference to the “Kentucky Community and Technical System” in subsection (8) of this statute. The Reviser of Statutes has corrected that reference to read “Kentucky Community and Technical College System” under the authority of KRS § 7.136 in accordance with KRS § 164.580, which established the Kentucky Community and Technical College System.
(a) Exercise all of the administrative functions of the state not regulated by the Board of Medical Licensure or Cabinet for Health and Family Services in the regulation of the emergency medical services system and the practice of emergency medical services, and emergency medical services training institutions, with the exception of employment of personnel as described in subsections (5) and (6) of this section;
Terms Used In Kentucky Statutes 311A.020
- Ambulance: means a vehicle which has been inspected and approved by the board, including a helicopter or fixed-wing aircraft, except vehicles or aircraft operated by the United States government, that are specially designed, constructed, or have been modified or equipped with the intent of using the same, for the purpose of transporting any individual who is sick, injured, or otherwise incapacitated who may require immediate stabilization or continued medical response and intervention during transit or upon arrival at the patient's destination to safeguard the patient's life or physical well-being. See Kentucky Statutes 311A.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Kentucky Board of Emergency Medical Services. See Kentucky Statutes 311A.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Emergency medical services medical director: means a physician licensed in Kentucky and certified by the board under this chapter who is employed by, under contract to, or has volunteered to provide supervision for a paramedic or an ambulance service, or both. See Kentucky Statutes 311A.010
- Emergency medical services system: means a coordinated system of health-care delivery that responds to the needs of acutely sick and injured adults and children, and includes community education and prevention programs, mobile integrated healthcare programs, centralized access and emergency medical dispatch, communications networks, trained emergency medical services personnel, medical first response, ground and air ambulance services, trauma care systems, mass casualty management, medical direction, and quality control and system evaluation procedures. See Kentucky Statutes 311A.010
- EMS: means the services utilized in providing care for the perceived individual need for immediate medical care to protect against loss of life, or aggravation of physiological or psychological illness or injury. See Kentucky Statutes 311A.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Oversight: Committee review of the activities of a Federal agency or program.
- Paramedic: means a person who is involved in the delivery of medical services and is licensed under this chapter. See Kentucky Statutes 311A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Trauma: means a single or multisystem life-threatening or limb-threatening injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability. See Kentucky Statutes 311A.010
(b) Issue any licenses or certifications authorized by this chapter;
(c) Oversee the operations and establish the organizational structure of the Office of the Kentucky Board of Emergency Medical Services, which is created and shall be attached to the board for administrative purposes. The office shall be headed by the executive director appointed under paragraph (d) of this subsection and shall be responsible for:
1. Personnel and budget matters affecting the board;
2. Fiscal activities of the board, including grant writing and disbursement of funds;
3. Information technology, including the design and maintenance of databases;
4. Certification and recertification of emergency medical responders;
5. Certification and recertification of emergency medical technicians and advanced emergency medical technicians;
6. Licensure and relicensure of ambulances, ambulance services, and mobile integrated healthcare programs;
7. Licensure and relicensure of paramedics;
8. Certification and recertification of advanced practice paramedics;
9. Certification and recertification of EMS educators;
10. Investigation of and resolution of complaints and ethics issues pertaining to professional certifications and licenses;
11. The resolution of complaints and ethics issues pertaining to ambulances, ambulance services, and mobile integrated healthcare programs; and
12. Other responsibilities that may be assigned to the executive director by the board;
(d) Employ an executive director and deputy executive director and fix the compensation. The executive director and deputy executive director shall serve at the pleasure of the board, administer the day-to-day operations of the Office of the Kentucky Board of Emergency Medical Services, and supervise all directives of the board. The director and deputy executive director shall possess a baccalaureate degree and shall have no less than five (5) years of
experience in public administration or in the administration of an emergency medical services program;
(e) Employ or contract with a physician licensed in Kentucky who is board certified in emergency medicine and fix the compensation. The physician shall serve at the pleasure of the board and as the medical advisor to the Kentucky Board of Emergency Medical Services and the staff of the board;
(f) Employ or contract with an attorney licensed to practice law in Kentucky and fix the compensation. The attorney shall serve at the pleasure of the board and have primary assignment to the board. The board and the attorney shall implement and oversee the regulatory process;
(g) Employ personnel sufficient to carry out the statutory responsibilities of the board in accordance with the following:
1. Personnel assigned to investigate an emergency medical responder program complaint or regulate the emergency medical responder programs shall be certified emergency medical responders, emergency medical technicians, advanced emergency medical technicians, or licensed paramedics;
2. Personnel assigned to investigate an emergency medical technician program complaint or regulate the emergency medical technician program shall be certified emergency medical technicians, advanced emergency medical technicians, or paramedics;
3. Personnel assigned to investigate an advanced emergency medical technician program complaint or regulate the advanced emergency medical technician program shall be certified advanced emergency medical technicians or paramedics;
4. Personnel assigned to investigate a paramedic program complaint or regulate the paramedic program shall be licensed paramedics;
5. A person who is employed by the board who is licensed or certified by the board shall retain his or her license or certification if he or she meets the in-service training requirements and pays the fees specified by administrative regulation;
6. A person who is employed by the board may instruct in emergency medical subjects in which he or she is qualified, with the permission of the board. All instruction shall be rendered without remuneration other than his or her state salary and the employee shall be considered as on state duty when teaching; and
7. A person who is employed by the board may render services for which the person is qualified at a declared disaster or emergency or in a situation where trained personnel are not available until those personnel arrive to take over the patient, or where insufficient trained personnel are available to handle a specific emergency medical incident. All aid shall be rendered without remuneration other than the employee’s state salary and the employee shall be considered as on state duty when rendering
aid. In cases specified in this paragraph, the state medical advisor shall serve as the emergency medical services medical director for the employee;
(h) Establish committees and subcommittees and the membership thereof.
Members of committees and subcommittees do not need to be members of the board but shall reflect the qualifications of the board members;
(i) Enter into contracts, apply for grants and federal funds, and disburse funds to local units of government as approved by the General Assembly. All funds received by the board shall be placed in a trust and agency account in the State Treasury subject to expenditure by the board;
(j) Administer the Emergency Medical Services for Children Program; and
(k) Establish minimum curriculum and standards for emergency medical services training.
(2) The board may utilize materials, services, or facilities as may be made available to it by other state agencies or may contract for materials, services, or facilities.
(3) The board may delegate to the executive director, by written order, any function specified in this chapter other than promulgation of an administrative regulation.
(4) Except for securing funding for trauma centers, the board shall not serve as the lead agency relating to the development or regulation of trauma systems, but shall be a partner with other state agencies in the development, implementation, and oversight of such systems.
(5) The chair of the board shall appoint a personnel committee. The personnel committee shall conduct an annual job performance review of the executive director, the medical advisor, and the board attorney that conforms with the state personnel standards and includes a recommendation for or against continued employment to be presented to the board.
(6) The board shall develop a proposed biennial budget for all administrative and operational functions and duties.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 126, sec. 2, effective July 14, 2022. — Amended
2019 Ky. Acts ch. 100, sec. 3, effective June 27, 2019. — Amended 2006 Ky. Acts ch. 243, sec. 2, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 99, sec. 593, effective June 20, 2005. — Created 2002 Ky. Acts ch. 211, sec. 3, effective July 15,
2002.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 243, sec. 2, contained a reference to the “Kentucky Community and Technical System” in subsection (8) of this statute. The Reviser of Statutes has corrected that reference to read “Kentucky Community and Technical College System” under the authority of KRS § 7.136 in accordance with KRS § 164.580, which established the Kentucky Community and Technical College System.