AN ACT relating to medical services.

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AN ACT relating to medical services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 165A.310 is amended to read as follows: 3
As used in this chapter: 4
(1) "Agent" means any person employed by a proprietary school to act as agent, 5
solicitor, broker, or independent contractor to procure students for the school by 6
solicitation of enrollment in any form made at any place other than the main office 7
or principal place of business of the school; 8
(2) "CDL" means a commercial driver's license as defined in KRS 281A.010; 9
(3) "CDL driver training" means a course of study that c omplies with the provisions of 10
KRS 332.095 governing the instruction of persons in the operation of commercial 11
motor vehicles; 12
(4) "CDL driver training school" means any person, firm, partnership, association, 13
educational institution, establishment, agency, organization, or corporation, with the 14
exception of an entry level driver training provider, that offers CDL driver training 15
to persons desiring to obtain a Kentucky CDL in ord er to operate a commercial 16
motor vehicle and for which a fee or tuition is charged; 17
(5) "Commercial motor vehicle" has the same meaning as in KRS 281A.010; 18
(6) "Commission" means the Kentucky Commission on Proprietary Education; 19
(7) "Entry level driver tra ining" means a federally mandated course of instruction for 20
new CDL applicants as outlined in 49 C.F.R. secs. 380.600 to 380.609; 21
(8) "Entry level driver training provider" means an entity that is certified by the Federal 22
Motor Carrier Safety Administratio n as a training provider under 49 C.F.R. secs. 23
380.700 to 380.725 that is limited solely to providing entry level driver training; 24
(9) "Formal complaint" means a written statement filed on a form specified by the 25
commission in which the complainant alleges that a school has violated a Kentucky 26
statute or administrative regulation and has negatively impacted the complainant, 27
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and resolution is requested by the commission; 1
(10) "License" means authorization issued by the commission to operate or to contract to 2
operate a proprietary school in Kentucky as described in this chapter and does not 3
reflect accreditation, supervision, endorsement, or recommendation by the 4
commission; 5
(11) "Person" means an individual, corporation, business trust, estate, partnership, 6
unincorporated association, two (2) or more of any of the foregoing having a joint 7
or common interest, or any other legal or commercial entity; 8
(12) "Proprietary school" or "school" means a privately owned educational institution, 9
establishment, agency, org anization, or person maintained on either a for -profit or 10
not-for-profit basis, offering or administering a plan, course, or program of 11
instruction in business, trade, technical, industrial, or related areas for which a fee 12
or tuition is charged whether conducted in person, by mail, or by any other method, 13
and does not include: 14
(a) A school or educational institution supported entirely or partly by taxation 15
from either a local or state source; 16
(b) A parochial, denominational, or eleemosynary school or institution; 17
(c) A training program which offers instruction for payment by participants 18
primarily in pursuit of a hobby, recreation, or entertainment, and does not 19
result in the granting of postsecondary credits nor lead to an industry -20
recognized credential, academic certificate, or degree; 21
(d) A course or courses of instruction or study sponsored by an employer for the 22
training and preparation of its own employees for the benefit of the employer 23
and without charge to the employee;[ or] 24
(e) A school or educatio nal institution licensed or approved by or a course or 25
courses of study or instruction sponsored by the Kentucky Board of Barbering 26
established by KRS 317.430, the Kentucky Board of Cosmetology established 27
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by KRS 317A.030, the Kentucky Board of Nursing est ablished by KRS 1
314.121, the Kentucky Board of Embalmers and Funeral Directors established 2
by KRS 316.170, or the Kentucky Council on Postsecondary Education 3
established by KRS 164.011; or 4
(f) An emergency medical services training and education institute, as defined 5
in Section 3 of this Act, unless the emergency medical services training and 6
education institute elects to be governed as a proprietary school; 7
(13) "Resident" means any person who has established Kentucky as his or her state of 8
domicile. Proof of residency shall include but not be limited to a deed or property 9
tax bill, utility agreement or utility bill, or rental housing agreement; 10
(14) "School year" is beginning the first day of July and ending the thirtieth day of June 11
next following, except when approval shall be suspended or canceled pursuant to 12
KRS 165A.350; and 13
(15) "Statement of quality assurance" means a statement required by the commission 14
from a non -degree granting institution, in a form and manner determined by the 15
commission, that attests to the institution meeting the minimum standards required 16
for receiving and maintaining a license. 17
Section 2. KRS 165A.340 is amended to read as follows: 18
(1) The Kentucky Commission on Proprietary Education is her eby created as an 19
independent agency of the Commonwealth and shall be attached to the Education 20
and Labor Cabinet for administrative purposes. The commission shall be composed 21
of the following members: 22
(a) Two (2) members who are representative of privatel y owned postsecondary 23
educational institutions licensed by the commission and appointed by the 24
Governor from a list of seven (7) names submitted by the Kentucky 25
Association of Career Colleges and Schools; 26
(b) Two (2) members who are representative of priva tely owned postsecondary 27
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technical schools licensed by the commission and appointed by the Governor 1
from a list of seven (7) names submitted by the Kentucky Association of 2
Career Colleges and Schools; 3
(c) Four (4) members who are representative of the publ ic at large with a 4
background in education, business, or industry in Kentucky and appointed by 5
the Governor; 6
(d) The secretary of the Education and Labor Cabinet, or the secretary's designee; 7
(e) The president of the Council on Postsecondary Education, or the president's 8
designee; and 9
(f) The commissioner of education, or the commissioner's designee. 10
(2) Terms of appointed members shall be four (4) years or until successors are duly 11
appointed and qualified. A vacancy on the commission shall be filled for th e 12
remainder of the unexpired term in the same manner as the original appointment. 13
An appointed member shall not serve more than two (2) consecutive full terms, 14
except that a member may be reappointed after a break in service of one (1) full 15
term. 16
(3) The commission shall employ and fix the compensation of an executive director, 17
who shall be its secretary and principal executive officer. The executive director 18
shall have a background in the regulation of commerce, business, or education, and 19
shall be responsible for: 20
(a) Organizing and staffing meetings of the commission; 21
(b) Establishing policies to ensure retention of original licensing documentation; 22
(c) Ensuring that minutes and other financial, procedural, complaint, and 23
operational records are securely maintained and archived; 24
(d) Internal and external correspondence and communication; 25
(e) Submitting reports and strategic agenda items for review and approval; 26
(f) Assisting the commission in the promulgation of administrative regulations; 27
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(g) Carrying out policy and program directives of the commission; 1
(h) Preparing budget submissions; 2
(i) Ensuring that formal complaints are provided to the complaint com mittee and 3
arranging for independent investigations as needed; 4
(j) Ensuring that an independent audit of the commission's finances is conducted 5
biennially; 6
(k) Ensuring that formal written agreements are executed for the procurement of 7
administrative and legal services; 8
(l) Formalizing office policies and procedures relating to licensing and financial 9
operations; 10
(m) Developing and implementing a process for monitoring expenditures and 11
reconciling on a monthly basis commission and student protection fund 12
receipts reported in the Enhanced Management Administrative Reporting 13
System (EMARS); and 14
(n) Other activities necessary to ensure that the commission meets its designated 15
duties and responsibilities. 16
(4) The commission shall have full authority to employ an d fix the compensation for 17
any personnel, including counsel, as it may deem necessary to effectively 18
administer and enforce the provisions of this chapter. The commission shall obtain 19
office space, furniture, stationery, and any other proper supplies and c onveniences 20
reasonably necessary to carry out the provisions of this chapter. 21
(5) The commission shall annually elect a chairperson. The chairperson shall not be a 22
school representative appointed pursuant to subsection (1)(a) or (b) of this section. 23
(6) (a) The commission shall promulgate administrative regulations in accordance 24
with KRS Chapter 13A to establish: 25
1. Commission operating and accountability procedures; 26
2. Requirements for each licensed institution to publicly disclose according 27
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to standardize d protocols, both in print and Web -based materials, 1
information about: 2
a. Any information that the schools are required to report by the 3
federal Higher Education Opportunity Act, Pub. L. No. 110 -315, 4
using the Integrated Postsecondary Education Data System 5
(IPEDS) of the National Center for Educational Statistics as a 6
condition of participating in Title IV federal financial aid 7
programs; 8
b. The job placement rate of program graduates in the field of study 9
and the types of jobs for which graduates are eligible; 10
c. Articulation agreements with other postsecondary educational 11
institutions and the rights and responsibilities of students regarding 12
transfer of credits; 13
d. The complaint procedures available to students; and 14
e. The existence of the student protectio n fund created in KRS 15
165A.450, and procedures for students to file a claim, including 16
but not limited to the documentation required for submission of a 17
claim; 18
3. Quality standards and compliance monitoring schedules of traditional 19
programs, correspondence courses, and Web -based, distance learning 20
courses offered over the Internet; 21
4. Advertising requirements for schools issued a license, including no 22
distribution of materials containing untrue, deceptive, or misleading 23
statements and no representation that the commission is an accrediting 24
agency for the school or its programs; 25
5. A schedule for reviewing advertisements and recruitment materials and 26
practices of member institutions to ensure compliance with this chapter; 27
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6. An equitable structure of licensure and renewal fees, to be paid by 1
licensed schools, necessary to carry out the pr ovisions and purposes of 2
this chapter and to support adequate staffing of commission 3
responsibilities. The fee structure shall be based on the gross revenue of 4
licensed schools, number of students enrolled, and whether the school is 5
located within the state or outside the state;[ and] 6
7. The method for calculating placement rates that are to be disclosed 7
pursuant to this subsection; and 8
8. A process for an emergency medical services training and education 9
institute as defined in Section 3 of this Act to ele ct to be governed as a 10
proprietary school. 11
(b) The commission shall have the authority to promulgate other administrative 12
regulations, in cooperation with the Kentucky Department of Education and 13
the Council on Postsecondary Education, as it deems necessar y for the proper 14
administration of this chapter. 15
(7) The commission shall hold meetings at least four (4) times a year and as frequently 16
as it deems necessary at the times and places within this state as the commission 17
may designate. The majority of the me mbers shall constitute a quorum, and all 18
meetings shall be conducted in accordance with the Open Meetings Act, KRS 19
61.805 to 61.850. 20
(8) The commission may sue and be sued in its own name. 21
(9) Commission members shall receive a per diem of one hundred doll ars ($100) for 22
attendance at each commission meeting and may be reimbursed for ordinary travel 23
and other expenses while engaged in the business of the commission. 24
(10) The commission shall administer and enforce the provisions of this chapter 25
pertaining to the conduct, operation, maintenance, and establishment of proprietary 26
education institutions, and the activities of agents thereof when acting as such. 27
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(11) The commission shall have the power to subpoena witnesses and school records as 1
it deems necessary. 2
(12) The commission chairperson shall appoint a complaint committee and designate its 3
chairperson. The chairperson of the complaint committee shall not be employed by, 4
have ownership interest in, or be otherwise affiliated with a licensed institution. 5
School representatives appointed pursuant to subsection (1)(a) or (b) of this section 6
shall not constitute a majority of the committee's membership. A committee 7
member shall not vote on a matter in which a conflict of interest exists. The 8
committee shall review each formal complaint and, if evidence supports an alleged 9
violation of this chapter or any administrative regulation promulgated thereunder, 10
the committee shall: 11
(a) Authorize an investigative report; 12
(b) Participate in informal procedures to resolve complaints; 13
(c) Ensure timely correspondence to parties involved in complaints; and 14
(d) After review of all evidence and investigative reports, make recommendations 15
for the disposition of complaints to the full commission. 16
(13) No later than November 30, 2 013, and annually thereafter, the commission shall 17
provide a status report on the requirements of this section to the Interim Joint 18
Committee on Licensing and Occupations and the Interim Joint Committee on 19
Education. The report shall include a summary of t he data, including school 20
performance information, relating to the requirements of subsection (6)(a) of this 21
section. 22
Section 3. KRS 311A.010 is amended to read as follows: 23
As used in this chapter, unless the context otherwise requires: 24
(1) "Advanced emergency medical technician" or "AEMT" means a person certified by 25
the board under this chapter as an advanced emergency medical technician; 26
(2) "Advanced practice paramedic" or "APP" means a paramedic licensed by the board 27
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under this chapter as a paramedic and certified by the board under this chapter in at 1
least one (1) emergency medical services subspecialty, including community 2
paramedic, critical care paramedic, wilderness paramedic, tactical paramedic, or 3
flight paramedic; 4
(3) "Ambulance" means a vehicle which has been inspected and approved by the board, 5
including a helicopter or fixed-wing aircraft, except vehicles or aircraft operated by 6
the United States government, that are specially designed, constructed, or have been 7
modified or equipped with the intent of using the same, for the purpose of 8
transporting any individual who is sick, injured, or otherwise incapacitated who 9
may require immediate stabilization or continued medical response and intervention 10
during transit or upon arrival at the patient's destination to safeguard the patient's 11
life or physical well-being; 12
(4) "Ambulance provider" or "ambulance service" means any individual or private or 13
public organization, except the United States government, who is licen sed by the 14
board to provide medical services that may include transport at either basic life 15
support level or advanced life support level and who may have a vehicle or 16
vehicles, including ground vehicles, helicopters, or fixed -wing aircraft, to provide 17
such transportation; 18
(5) "Board" means the Kentucky Board of Emergency Medical Services; 19
(6) "Community paramedic" or "CP" means an advanced practice paramedic certified 20
under this chapter as a CP; 21
(7) "Emergency medical facility" means a hospital or any othe r institution licensed by 22
the Cabinet for Health and Family Services that furnishes emergency medical 23
services; 24
(8) "Emergency medical responder" or "EMR" means a person certified under this 25
chapter as an EMR or EMR instructor; 26
(9) "Emergency medical services" or "EMS" means the services utilized in providing 27
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care for the perceived individual need for immediate medical care to protect against 1
loss of life, or aggravation of physiological or psychological illness or injury; 2
(10) "Emergency medical services educator" or "EMS educator" means a person who is 3
certified and licensed by the board under this chapter as a Level I , II, or III EMS 4
educator to provide emergency medical services education and training with the 5
scope of practice established by the board through administrative regulations; 6
(11) "Emergency Medical Services for Children Program" or "EMSC Program" means 7
the program established under this chapter; 8
(12) "Emergency medical services medical director" means a physician licensed in 9
Kentucky and certified by the board under this chapter who is employed by, under 10
contract to, or has volunteered to provide supervisi on for a paramedic or an 11
ambulance service, or both; 12
(13) "Emergency medical services personnel" means: 13
(a) Persons trained to provide emergency medical services and certified or 14
licensed by the board under this chapter as an AEMT, APP, EMR, EMR 15
instructor, EMT, EMT instructor, paramedic, or paramedic instructor; and 16
(b) Authorized emergency medical services medical directors and mobile 17
integrated healthcare program medical directors, whether on a paid or 18
volunteer basis; 19
(14) "Emergency medical services sy stem" means a coordinated system of health -care 20
delivery that responds to the needs of acutely sick and injured adults and children, 21
and includes community education and prevention programs, mobile integrated 22
healthcare programs, centralized access and eme rgency medical dispatch, 23
communications networks, trained emergency medical services personnel, medical 24
first response, ground and air ambulance services, trauma care systems, mass 25
casualty management, medical direction, and quality control and system eval uation 26
procedures; 27
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(15) "Emergency medical services training and education institute [or educational 1
institution]" means any organization licensed by the board under this chapter whose 2
sole program of instruction is to provide an emergency medical services training 3
program[or education or in -service training] , other than a licensed ambulance 4
service which provides training, or in -service training in -house for its own 5
employees or volunteers; 6
(16) "Emergency medical services training program" means a program of instruction 7
providing training or education for initial certification, advanced certification, in-8
service training, or continuing education of emergency medical services 9
personnel, whether through an emergency medical services training and 10
education institute or otherwise; 11
(17) "Emergency medical technician" or "EMT" means a person certified under this 12
chapter as an EMT or EMT instructor; 13
(18)[(17)] "Executive director" means the executive director of the Kentucky Board of 14
Emergency Medical Services; 15
(19)[(18)] "Mobile integrated healthcare" or "MIH" means a program licensed by the 16
board under this chapter to provide services including evaluation, advice, and 17
medical care for the purpose of preventing or improving a particular medical 18
condition outside of a hospital setting to eligible patients who do not require or 19
request emergency medical transportation; 20
(20)[(19)] "Mobile integrated healthcare program medical director" or "MIH program 21
medical director" means a physician licensed in Kentucky and certifi ed by the 22
board under this chapter who is employed by, under contract to, or has volunteered 23
to provide supervision for a licensed MIH program; 24
(21)[(20)] "Paramedic" means a person who is involved in the delivery of medical 25
services and is licensed under this chapter; 26
(22)[(21)] "Paramedic preceptor" means a licensed paramedic who supervises a 27
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paramedic student during the field portion of the student's training; 1
(23)[(22)] "Prehospital care" means the provision of emergency medical services, mobile 2
integrated healthcare, or transportation by trained and certified or licensed 3
emergency medical services personnel at the scene or while transporting sick or 4
injured persons to a hospital or other emergency medical facility; and 5
(24)[(23)] "Trauma" means a single or multisystem life -threatening or limb -threatening 6
injury requiring immediate medical or surgical intervention or treatment to prevent 7
death or permanent disability. 8
Section 4. KRS 311A.020 is amended to read as follows: 9
(1) The board shall: 10
(a) Exercise all of the administrative functions of the state not regulated by the 11
Board of Medical Licensure or Cabinet for Health and Family Services in the 12
regulation of the emergency medical services system and the practice of 13
emergency medical services, and emergency medical services training and 14
education institutes [institutions], with the exception of employment of 15
personnel as described in subsections (5) and (6) of this section; 16
(b) Issue any licenses or certifications authorized by this chapter; 17
(c) Oversee the operations and establish the organizational structure of the Office 18
of the Kentucky Board of Emergency Medical Services, which is created and 19
shall be attached to the board for administrative purposes. The office shall be 20
headed by the executive director appointed under paragraph (d) of this 21
subsection and shall be responsible for: 22
1. Personnel and budget matters affecting the board; 23
2. Fiscal activities of the board, includ ing grant writing and disbursement 24
of funds; 25
3. Information technology, including the design and maintenance of 26
databases; 27
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4. Certification and recertification of emergency medical responders; 1
5. Certification and recertification of emergency medical technicians and 2
advanced emergency medical technicians; 3
6. Licensure and relicensure of ambulances, ambulance services, and 4
mobile integrated healthcare programs; 5
7. Licensure and relicensure of paramedics; 6
8. Certification and recertification of advanced practice paramedics; 7
9. Certification and recertification of EMS educators and emergency 8
medical services training programs; 9
10. Licensure and relicensure of emergency medical services training and 10
education institutes; 11
11. Investigation of and resolution of complaints and ethics issues 12
pertaining to professional certifications and licenses; 13
12.[11.] The resolution of complaints and e thics issues pertaining to 14
ambulances, ambulance services, and mobile integrated healthcare 15
programs; and 16
13.[12.] Other responsibilities that may be assigned to the executive 17
director by the board; 18
(d) Employ an executive director and deputy executive dir ector and fix the 19
compensation. The executive director and deputy executive director shall 20
serve at the pleasure of the board, administer the day -to-day operations of the 21
Office of the Kentucky Board of Emergency Medical Services, and supervise 22
all directi ves of the board. The director and deputy executive director shall 23
possess a baccalaureate degree and shall have no less than five (5) years of 24
experience in public administration or in the administration of an emergency 25
medical services program; 26
(e) Employ or contract with a physician licensed in Kentucky who is board 27
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certified in emergency medicine and fix the compensation. The physician 1
shall serve at the pleasure of the board and as the medical advisor to the 2
Kentucky Board of Emergency Medical Services and the staff of the board; 3
(f) Employ or contract with an attorney licensed to practice law in Kentucky and 4
fix the compensation. The attorney shall serve at the pleasure of the board and 5
have primary assignment to the board. The board and the attorney s hall 6
implement and oversee the regulatory process; 7
(g) Employ personnel sufficient to carry out the statutory responsibilities of the 8
board in accordance with the following: 9
1. Personnel assigned to investigate an emergency medical responder 10
program compla int or regulate the emergency medical responder 11
programs shall be certified emergency medical responders, emergency 12
medical technicians, advanced emergency medical technicians, or 13
licensed paramedics; 14
2. Personnel assigned to investigate an emergency medic al technician 15
program complaint or regulate the emergency medical technician 16
program shall be certified emergency medical technicians, advanced 17
emergency medical technicians, or paramedics; 18
3. Personnel assigned to investigate an advanced emergency medical 19
technician program complaint or regulate the advanced emergency 20
medical technician program shall be certified advanced emergency 21
medical technicians or paramedics; 22
4. Personnel assigned to investigate a paramedic program complaint or 23
regulate the paramedic program shall be licensed paramedics; 24
5. A person who is employed by the board who is licensed or certified by 25
the board shall retain his or her license or certification if he or she meets 26
the in -service training requirements and pays the fees specified by 27
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administrative regulation; 1
6. A person who is employed by the board may instruct in emergency 2
medical subjects in which he or she is qualified, with the permission of 3
the board. All instruction shall be rendered without remuneration other 4
than his or he r state salary and the employee shall be considered as on 5
state duty when teaching; and 6
7. A person who is employed by the board may render services for which 7
the person is qualified at a declared disaster or emergency or in a 8
situation where trained perso nnel are not available until those personnel 9
arrive to take over the patient, or where insufficient trained personnel 10
are available to handle a specific emergency medical incident. All aid 11
shall be rendered without remuneration other than the employee's st ate 12
salary and the employee shall be considered as on state duty when 13
rendering aid. In cases specified in this paragraph, the state medical 14
advisor shall serve as the emergency medical services medical director 15
for the employee; 16
(h) Establish committees a nd subcommittees and the membership thereof. 17
Members of committees and subcommittees do not need to be members of the 18
board but shall reflect the qualifications of the board members; 19
(i) Enter into contracts, apply for grants and federal funds, and disburs e funds to 20
local units of government as approved by the General Assembly. All funds 21
received by the board shall be placed in a trust and agency account in the 22
State Treasury subject to expenditure by the board; 23
(j) Administer the Emergency Medical Services for Children Program; and 24
(k) Establish minimum curriculum and standards for emergency medical services 25
training. 26
(2) The board may utilize materials, services, or facilities as may be made available to 27
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it by other state agencies or may contract for materials, services, or facilities. 1
(3) The board may delegate to the executive director, by written order, any function 2
specified in this chapter other than promulgation of an administrative regulation. 3
(4) Except for securing funding for trauma centers, the board shall not serve as the lead 4
agency relating to the development or regulation of trauma systems, but shall be a 5
partner with other state agencies in the development, implementation, and oversight 6
of such systems. 7
(5) The chair of the board shall appoint a personnel committee. The person nel 8
committee shall conduct an annual job performance review of the executive 9
director, the medical advisor, and the board attorney that conforms with the state 10
personnel standards and includes a recommendation for or against continued 11
employment to be presented to the board. 12
(6) The board shall develop a proposed biennial budget for all administrative and 13
operational functions and duties. 14
Section 5. KRS 311A.030 is amended to read as follows: 15
(1) The board shall promulga te administrative regulations in accordance with KRS 16
Chapter 13A to carry out the functions of this chapter, including but not limited to: 17
(a) Classifying, licensing, inspecting, and regulating ambulance services, mobile 18
integrated healthcare programs, and medical first response providers; 19
(b) Certifying and recertifying EMS educators and emergency medical services 20
training programs; and 21
(c)[(b)] Licensing, inspecting, and regulating emergency medical services 22
training and education institutes[ institutions]. 23
(2) The licensure standards for ground ambulance providers shall distinguish between 24
an ambulance service that provides only emergency transportation, only scheduled 25
ambulance transportation, or both types of transportation. 26
(3) (a) The board shall not require an ambulance service to apply for licensure within 27
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a specified time period following the issuance of a certificate of need by the 1
Cabinet for Health and Family Services. 2
(b) The board may promulgate an administrative regulation in accordance with 3
KRS Chapter 13A to require an ambulance service to submit application 4
progress reports on a six (6) month or annual basis following the issuance of a 5
certificate of need by the Cabinet for Health and Family Services until the 6
licensure application is submitted. 7
(c) An ambulance service that was issued a certificate of need on or after July 14, 8
2022, shall be eligible to apply for licensure from the board without obtaining 9
a new certificate of need from the Cabinet for Health and Family Services. 10
(4) The licensure standards for emergency medical services training and education 11
institutes shall: 12
(a) Require reasonable measures to protect consumers against: 13
1. Instances of insolvency or other inability to permit consumers to 14
complete the required training or edu cation at the emergency medical 15
services training and education institute; and 16
2. The loss of educational records upon the closure of an emergency 17
medical services training and education institute; and 18
(b) Include measures and standards to ensure accountab ility of the emergency 19
medical services training and education institute to the board and to its 20
consumers. 21
Section 6. KRS 311A.015 is amended to read as follows: 22
(1) There is hereby created an independent agency of the state government to be known 23
as the Kentucky Board of Emergency Medical Services. 24
(2) The board shall consist of the following members, who shall be residents of 25
Kentucky: 26
(a) One (1) physician licensed in Kentucky who serves as the medical director for 27
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an ambulance provider and is board -certified in emergency medicine 1
appointed by the Governor from a list of three (3) physicians submitted by the 2
Kentucky Medical Association or the Kentucky Chapter of the American 3
College of Emergency Physicians; 4
(b) One (1 ) physician licensed in Kentucky who is routinely involved in the 5
emergency care of ill or injured children appointed by the Governor from a 6
list of three (3) physicians submitted by the Kentucky Medical Association or 7
the Kentucky Chapter of the American College of Emergency Physicians; 8
(c) One (1) local government representative appointed by the Governor from a 9
list of three (3) individuals submitted by the Kentucky League of Cities; 10
(d) One (1) local government representative appointed by the Governor fr om a 11
list of three (3) individuals submitted by the Kentucky Association of 12
Counties; 13
(e) One (1) licensed or certified emergency medical services field provider who is 14
primarily employed by a hospital -based health care facility appointed by the 15
Governor from a list of three (3) individuals submitted by the Kentucky 16
Hospital Association; 17
(f) One (1) licensed or certified emergency medical services field provider 18
appointed by the Governor from a list of three (3) individuals submitted by 19
the Kentucky Ambulance Providers Association; 20
(g) One (1) licensed or certified emergency medical services fie ld provider 21
appointed by the Governor from a list of three (3) individuals submitted by 22
the Kentucky Professional Fire Fighters; 23
(h) One (1) licensed or certified emergency medical services field provider 24
appointed by the Governor from a list of three (3) individuals submitted by 25
the Kentucky Association of Fire Chiefs; 26
(i) One (1) licensed or certified emergency medical services educator appointed 27
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by the Governor; 1
(j) One (1) licensed or certified emergency medical services field provider 2
appointed by the Governor from a list of three (3) air medical transportation 3
providers based in Kentucky submitted by the Kentucky Chapter of the 4
Association of Air Medical Services; 5
(k) One (1) hospital administrator appointed by the Governor from a list of three 6
(3) individuals submitted by the Kentucky Hospital Association; 7
(l) One (1) citizen at large appointed by the Governor who is not associated with 8
or financially interested in the delivery of medical or emergency services; and 9
(m) The secretary of the Cabinet for Health and Family Services or his or her 10
designee. 11
(3) Members shall serve for a term of four (4) years, may be reappointed, and shall 12
serve no more than two (2) consecutive terms. A member appointed to a partial 13
term vacancy exceeding two (2) years shall be deemed to have served a full term. A 14
former member may be reappointed following an absence of at least one (1) term. 15
(4) The board shall: 16
(a) Meet at least six (6) times a year; and 17
(b) At the first meeting of the board after September 1 of each year, e lect a chair 18
and vice chair by majority vote of the members present and set a schedule of 19
six (6) regular meetings for the next twelve (12) month period. 20
(5) The board shall adopt a quorum and rules of procedure by administrative 21
regulation. 22
(6) (a) A member of the board who misses three (3) regular meetings in a twelve (12) 23
month period shall be deemed to have resigned from the board and his or her 24
position shall be deemed vacant. 25
(b) The failure of a board member to attend a special or emergency meeting s hall 26
not result in any penalty. 27
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(c) The Governor shall appoint a person with the same professional qualifications 1
to fill the vacancy within ninety (90) days. 2
(d) The person removed under this subsection shall not be reappointed to the 3
board for at least ten (10) years. 4
(7) Members of the board shall be entitled to reimbursement for actual and necessary 5
expenses when carrying out official duties of the board in accordance with state 6
administrative regulations relating to travel reimbursement. 7
(8) The board shall submit a report to the General Assembly by September 1 of each 8
year. The report shall include but not be limited to: 9
(a) A detailed list of income and expenses of the board; 10
(b) A detailed summary of data collected on the number of complaints against 11
individuals certified or licensed by the board , EMS educators or emergency 12
medical services training programs certified by the board, and emergency 13
medical services training and education institutes [ institutions] approved by 14
the board, and the disposition of those complaints; 15
(c) An accounting of all new administrative regulations and amendments to 16
administrative regulations promulgated by the board; and 17
(d) Recommendations for changes in administrative regulations, board policies, 18
and statutes. 19
Section 7. KRS 311A.024 is amended to read as follows: 20
(1) There is hereby established an Emergency Medical Services Education Grant 21
Program overseen by the board to increase the number of persons seeking 22
paramedic initial certif ication, provide more facilities for certification, and 23
encourage persons to be employed by Class I ground ambulance providers located 24
in Kentucky. The program shall consist of three (3) components: 25
(a) Student tuition support; 26
(b) Agency support; and 27
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(c) Emergency medical services training program[or educational institution] 1
support. 2
(2) The student tuition support component shall be used for the training and education 3
of individuals seeking initial paramedic certification under thi s chapter who are 4
employed by a Class I ground ambulance provider. The tuition support shall be paid 5
periodically to the emergency medical services training and[or] education institute 6
or other operator of an emergency medical services training program [institution] 7
in which the person is enrolled seeking paramedic certification. The board shall, at 8
a minimum, promulgate administrative regulations on the following aspects of this 9
component: 10
(a) Time limits for the individual seeking initial paramedic certifi cation to 11
complete certification and begin or continue service with a Class I ground 12
ambulance provider; 13
(b) Minimum service length requirements that may be imposed by the board, by 14
contract, or both, on the individual seeking initial paramedic certification; 15
(c) Uses of the funds, including but not limited to a prohibition against spending 16
funds on prerequisite courses not included in the core course content of the 17
paramedic certification program; 18
(d) Providing priority consideration for geographic areas that are underserved in 19
terms of paramedic coverage, including those with lower populations and 20
higher emergency medical response times, and for agencies that do not meet 21
national standards of minimum staffing levels or response times for the 22
dispatch of emergency medical care; and 23
(e) Any other aspect necessary to implement the student tuition support 24
component. 25
(3) The agency support component shall be used to reimburse Class I ground 26
ambulance providers the wages paid to an employee while the employee s eeks 27
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initial paramedic certification. The board shall, at a minimum, promulgate 1
administrative regulations on the following aspects of this component: 2
(a) Maximum reimbursement for each employee of a Class I ground ambulance 3
provider seeking initial paramedic certification; 4
(b) Maximum number of employees eligible for wage reimbursement within each 5
Class I ground ambulance provider; and 6
(c) Any other aspect necessary to implement the agency support component. 7
(4) The emergency medical services training program[or educational institution] 8
support component shall be used to provide funding to existing and start -up 9
emergency medical service training programs[and educational institutes] that are 10
certified or seeking certification by the board and that offer or w ill offer initial 11
education courses for emergency medical technician, advanced emergency medical 12
technician, and paramedic programs. The board shall, at a minimum, promulgate 13
administrative regulations on the following aspects of this component: 14
(a) Grant ceilings per applicant; 15
(b) Applicant qualification priorities, including but not limited to those that are 16
nonprofit entities operating under KRS Chapter 273 and those that are serving 17
or plan to serve areas in need of improved emergency medical service 18
coverage; 19
(c) Time limits for commencing the classes or programs for which the grant was 20
sought; 21
(d) 1. Eligible costs, which shall include but not be limited to: 22
a. Computer and computer-related equipment and software; 23
b. Medical and training equipment, s uch as cardiac monitors, 24
defibrillators, mannequins, and other medical equipment, personal 25
protective gear, and durable emergency medical and trauma 26
education simulation equipment; 27
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c. Personnel costs used in directly delivering the education program; 1
and 2
d. Services used in operating the program; and 3
2. Ineligible costs, which shall include but not be limited to: 4
a. Real property purchases or improvements; 5
b. Building construction, renovation, or maintenance; 6
c. Personnel costs not directly related to delivering the education 7
program, such as that related to educator training, including travel 8
and meals, and perquisites that are part of a compensation 9
package; 10
d. Lobbying; and 11
e. Uniforms and clothing; and 12
(e) Any other aspect necessary to implement the emergency medical services 13
training program[or educational institution] support component. 14
(5) (a) There is established in the State Treasury a trust and agency account to be 15
known as the emergency medical services education grant fund. 16
(b) The fund shall be administered by the Kentucky Board of Emergency Medical 17
Services. 18
(c) The fund shall consist of state appropriations, contributions, donations, and 19
gifts. 20
(d) Amounts deposited in the fund shall be used for the purposes outlined under 21
this section. 22
(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 23
fiscal year shall not lapse but shall remain in the fund. 24
(f) Moneys deposited in the fund are hereby appropriated for the purposes set 25
forth in this section. 26
(6) The board shall administer the Emergency Medical Services Education Grant 27
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Program. The board may cease any or all compon ents of the program once the 1
desired goals have been achieved in the judgement of the board. The board shall 2
provide staffing for the program and may use moneys in the emergency medical 3
services education grant fund to do so. Staffing and administrative co sts shall not 4
exceed five percent (5%) of the fund amount. The board may promulgate any 5
administrative regulations necessary, in addition to those listed in subsections (2) to 6
(4) of this section, for its implementation and operation. 7
Section 8. KRS 311A.025 is amended to read as follows: 8
(1) The board shall, subject to the provisions of this chapter, create levels of 9
certification or licensure, as appropriate for providing services under this chapter. 10
These may consist of but not be limited to: 11
(a) Emergency medical services educator, Level I, II, and III; 12
(b) Emergency medical responder; 13
(c) Emergency medical technician and advanced emergency medical technician; 14
(d) Paramedic, advanced practice paramedic, and paramedic preceptor; 15
(e) Emergency medical services medical director who supervises a person or 16
organization licensed or certified by the board; 17
(f) Mobile integrated healthcare program medical director who supervises an 18
MIH program licensed by the board; 19
(g) Emergency medical services training program[institution]; 20
(h) Emergency medical services testing agency; 21
(i) Ground ambulance service, including categories thereof; 22
(j) Air ambulance service; 23
(k) Medical first response provider; 24
(l) Emergency medical dispatcher, emergency medical dispatch instructor, and 25
emergency medical dispatch instructor trainer; 26
(m) Emergency medical dispatch center or public safety answering point; 27
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(n) Emergency medical services training and education institute; and 1
(o)[(n)] Any other entity authorized by this chapter. 2
(2) The board shall promulgate administrative regulations in accordance with KRS 3
Chapter 13A for any certification or license the board m ay create. The 4
administrative regulations shall, at a minimum, address: 5
(a) Requirements for students, if appropriate; 6
(b) Requirements for training; 7
(c) Eligibility for certification or licensure; and 8
(d) Renewal, recertification, and relicensure requirements. 9
(3) The board may authorize a physician licensed to practice in Kentucky to serve as an 10
emergency medical services medical director if that physician meets the 11
requirements specified by the board by administrative regulation. 12
(4) A hospital that owns an ambulance service that is exempt from certificate of need 13
pursuant to KRS 216B.020(7) may provide transport services from another health 14
facility to its hospital if authorized by the ambulance service provider with 15
jurisdiction in the territory in which the other health facility is located. 16
Section 9. KRS 164.945 is amended to read as follows: 17
As used in KRS 164.945 to 164.947, unless the context otherwise requires: 18
(1) (a) "College" means any educational facility or institution maintained or 19
conducted by any person, association, partnership, corporation, or trust and 20
operating as an institute, junior college, college, university, or entity of 21
whatever kind which awards a degree, diploma, or other statement of 22
recognition purporting to indicate a level of collegiate attainment beyond 23
secondary school graduation. This definition includes private colleges located 24
in Kentucky, private colleges located outside of Kentucky but which operate 25
in Kentucky, and public colleges l ocated outside of Kentucky but which 26
operate in Kentucky. 27
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(b) The term "college" does not include: 1
1. State-supported colleges and universities authorized by KRS 164.100, 2
164.290, 164.580, and 164.810;[,] 3
2. Emergency medical services training and educatio n institutes under 4
the authority of the Kentucky Board of Emergency Medical Services 5
pursuant to Section 4 of this Act; or 6
3. [nor does it include ] Colleges licensed or approved for establishment 7
and operation under the statutory authority given to the Ken tucky Board 8
of Barbering under KRS 317.430, the Kentucky Board of Cosmetology 9
under KRS 317A.030, the Kentucky Commission on Proprietary 10
Education under KRS 165A.340, or the State Board of Nursing under 11
KRS 314.121;[.] 12
(2) "Degree" means any academic or ho norary title of designation, mark, appellation, 13
series of letters, numbers or words, such as, but not limited to, associate, bachelors, 14
masters, doctorate, or fellow, which signifies, purports, or is generally taken to 15
signify satisfactory completion of th e requirements of an academic, educational, or 16
professional program of study beyond the secondary school level; and[.] 17
(3) "Diploma" means a certificate, transcript, report, document, or title of designation, 18
mark, appellation, series of letters, numbers, or words which signifies, purports, or 19
is generally taken to signify attendance, progress, or achievement in an academic 20
program. 21
Section 10. KRS 311A.070 is amended to read as follows: 22
(1) When a complaint is filed agai nst an ambulance service, emergency medical 23
services provider, or an emergency medical services training program[educational 24
institution] or an employee or volunteer thereof, or when the office of the board is 25
contemplating action against an ambulance serv ice, emergency medical services 26
provider, or emergency medical services training program[educational institution] 27
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or an employee or volunteer thereof, written notice of the complaint or proposed 1
action shall be sent to: 2
(a) The county judge/executive, in t he event of a county -operated ambulance 3
service, emergency medical services provider, or training 4
program[educational institution]; 5
(b) The mayor, in the event of a city -operated ambulance service, emergency 6
medical services provider, or training program[educational institution]; 7
(c) The mayor, in the event of an urban -county government-operated ambulance 8
service, emergency medical services provider, or training 9
program[educational institution]; 10
(d) The chairman of the fire protection district, in the event of a fire district -11
operated ambulance service, emergency medical services provider, or training 12
program[educational institution]; 13
(e) The head of the public agency, in the event of an ambulance service, 14
emergency medical services provider, or training pro gram[educational 15
institution] operated by a public agency other than specified in paragraphs (a) 16
to (d) of this subsection; 17
(f) The president, chancellor, or other officer in charge of an educational 18
institution operated, in the event of an ambulance service or training 19
program[educational institution]; 20
(g) The chief operating officer or president of a nonprofit corporation, 21
corporation for profit, limited liability company, or other business entity, in 22
the event of an ambulance service, emergency medical services provider, or 23
training program[educational institution] operated by the business entity; and 24
(h) Both the ambulance service, emergency medical services provider, or training 25
program[educational institution] officials specified in this subsection and the 26
officials of any public agency contracting for services. 27
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(2) The notice specified in this section shall be in addition to any notice provided to 1
any other person or organization. 2
Section 11. KRS 311A.130 is amended to read as follows: 3
(1) The conduct of proper in -service training, including but not limited to in -house in-4
service training, in accordance with the standards specified by this chapter, 5
administrative regulations, and the standards of relevant United States Department 6
of Transportation curricula shall be that of the provider of the in-service training. 7
(2) If in -service training is conducted by an ambulance service, emergency medical 8
services provider, or emergency medical services training program [educational 9
institution], the organization, the instructor, a nd its medical director share 10
responsibility for the provision of training which meets or exceeds the requirements 11
of subsection (1) of this section. 12
(3) Persons and organizations providing in -service training for any emergency medical 13
services personnel s hall keep the records required by the board by administrative 14
regulation and shall make them available to a representative of the board upon 15
request. 16
(4) Failure to keep a record required by the board by administrative regulation or 17
required to be kept by statute, falsifying a record, or grossly negligently maintaining 18
a record required to be kept by administrative regulation or statute shall be subject 19
to action by the office of the board. 20
(5) Providing in-service training not meeting or exceeding the requirements specified in 21
subsections (1) and (2) of this section shall be subject to action of the office of the 22
board. 23
(6) Penalties specified in this section shall be in addition to any action which the board 24
may be permitted to take against the license or certification of any person or 25
organization. 26
(7) The board may refuse to recognize any in -service training not conducted in 27
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accordance with the provisions of this chapter, United States Department of 1
Transportation curricula, or administrative regulations promulgated pursuant to this 2
chapter. If the board determines that in -service training will not be accepted, the 3
denial of credit shall be extended to all persons who completed that specific in -4
service training. 5
Section 12. KRS 216B.061 is amended to read as follows: 6
(1) Unless otherwise provided in this chapter, no person shall do any of the following 7
without first obtaining a certificate of need: 8
(a) Establish a health facility; 9
(b) Obligate a capital expenditure which exceeds the capital expenditure 10
minimum; 11
(c) Make a substantial change in the bed capacity of a health facility; 12
(d) Make a substantial change in a health service; 13
(e) Make a substantial change in a project; 14
(f) Acquire major medical equipment; 15
(g) Increase[Alter] a geographical area or alter a specific location which has been 16
designated on a certificate of need or license; 17
(h) Transfer an approved certificate of need for the establishment of a new health 18
facility or the replacement of a licensed facility. 19
(2) No person shall separate portions of a single project into components in order to 20
evade any expenditure minimum set forth in this chapter. For purposes of this 21
chapter, the acquisition of one (1) or more items of functionally related diagnostic 22
or therapeutic equipment shall be considered as one (1) project. 23
(3) No person shall have ex parte contact with the final -decision-making authority 24
engaged in certificate of need activities regarding a certificate -of-need application 25
from the commencement of the review cycle to the final decision. If an ex parte 26
contact occurs, it shall be promptly made a part of the record. 27
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(4) No person shall obligate a capital expenditure in excess of the amount authorized 1
by an existing certificate of need unless the person ha s received an administrative 2
escalation from the cabinet as prescribed by regulation. 3
(5) No person shall proceed to obligate a capital expenditure under an approved 4
certificate of need if there has been a substantial change in the project. 5
(6) A certificate of need shall be issued for a specific location and, when applicable, for 6
a designated geographical area. 7
(7) No person shall establish an ambulatory surgical center as defined in KRS 8
216B.015 without obtaining a certificate of need. An ambulatory surgi cal center 9
shall require a certificate of need and license, notwithstanding any exemption 10
contained in KRS 216B.020. 11
(8) Nothing in this chapter shall be interpreted to require any ambulatory surgical 12
center licensed as of July 12, 2012, to obtain a certificate of need to continue 13
operations and exercise all of the rights of a licensed health care facility, regardless 14
of whether it obtained a certificate of need before being licensed. 15
Section 13. The Legislative Research Commission shall establish the Chapter 16
75 Fire District and Chapter 108 Emergency Ambulance Service District Task Force t o 17
study jurisdictional issues in terms of service provision and taxing issues that exist 18
relative to fire and ambulance services provided by districts operating under KRS 19
Chapter 75 and emergency ambulance services provided by districts under KRS Chapter 20
108 when those districts' territories overlap. 21
Section 14. The Chapter 75 Fire District and Chapter 108 Emergency 22
Ambulance Service District Task Force established in Section 13 of this Act shall be 23
composed as follows, with final membership of the task force subject to the consideration 24
and approval by the Legislative Research Commission: 25
(1) (a) Five members of the House of Representatives, four of whom shall be 26
appointed by the Speaker of the House of Representatives an d one of whom shall be 27
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appointed by the Minority Floor Leader of the House of Representatives. One of the five 1
members shall be designated by the Speaker of the House of Representatives as a co -2
chair of the task force; 3
(b) Five members of the Senate, four of whom shall be appointed by the President 4
of the Senate and one of whom shall be appointed by the Minority Floor Leader of the 5
Senate. One of the five members shall be designated by the President of the Senate as a 6
co-chair of the task force; 7
(c) Three c hairs of a KRS Chapter 108 emergency ambulance service district 8
board, or their designees, of which at least two of the chairs, or their designees, are from 9
counties where territory of the KRS Chapter 108 emergency ambulance service district 10
has territory that is also served by a fire district operating under KRS Chapter 75 and 11
providing ambulance service, appointed by the Legislative Research Commission from a 12
list of at least six chairs of a KRS Chapter 108 emergency ambulance service district 13
board nominated by the Kentucky Association of Counties; 14
(d) One fire chief, or the fire chief's designee, from a fire district operating under 15
KRS Chapter 75 appointed by the Legislative Research Commission from a list of three 16
fire chiefs nominated by the Kentucky Firefighter's Association; 17
(e) One fire chief, or the fire chief's designee, from a fire district operating under 18
KRS Chapter 75 appointed by the Legislative Research Commission from a list of three 19
fire chiefs nominated by the Kentucky Association of Fire Chiefs; and 20
(f) One fire chief, or the fire chief's designee, from a fire district operating under 21
KRS Chapter 75 appointed by the Legislative Research Commission from a list of three 22
fire chiefs nominated by the Kentucky Professional Fire Fighters; and 23
(2) At least two of the fire chiefs, or the fire chief's designees, selected under 24
subsection (1)(d) to (f) of this section shall be from fire districts operating under KRS 25
Chapter 75 whose territories include territory of an emergency ambulance service dis trict 26
operating under KRS Chapter 108. 27
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Section 15. The Chapter 75 Fire District and Chapter 108 Emergency 1
Ambulance Service District Task Force established in Section 13 of this Act shall meet 2
monthly during the 2026 Int erim of the General Assembly. The task force shall submit 3
any findings and recommendations to the Legislative Research Commission for referral 4
to the appropriate committee or committees by December 1, 2026. 5
Section 16. The following KRS section is repealed: 6
311A.120 Educational course and continuing education -- Administrative regulations. 7