Kentucky Statutes 309.420 – Reciprocity with bordering states
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(1) (a) The board may grant a license on the basis of reciprocity to a home medical equipment and services provider located in one (1) of Kentucky’s seven (7) contiguous bordering states that licenses home medical equipment and services providers if:
1. The out-of-state provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states possesses a valid license from a jurisdiction that grants the same privileges to persons licensed by the Commonwealth as the Commonwealth grants to persons licensed by the other jurisdiction;
2. The requirements for licensure in the contiguous bordering state, including but not limited to a requirement for a physical location in the state as a condition of issuing or renewing a license, are substantially similar to the requirements under KRS § 309.400 to KRS § 309.422; and
3. The out-of-state provider seeking licensure states that he or she has studied, is familiar with, and shall abide by KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder.
(b) 1. Notwithstanding subsection (2) of this section, the board may grant a license on the basis of reciprocity to a home medical equipment and services provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states that does not license home medical equipment and services providers if the out-of-state provider seeking to operate in Kentucky states by affidavit that he or she has studied, is familiar with, and shall abide by KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder; and
2. The contiguous bordering state grants the same privileges to persons licensed in the Commonwealth as the Commonwealth grants to providers from the state described in subparagraph 1. of this paragraph.
(2) If the requirements for licensure under KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder are more restrictive than the standards of a contiguous jurisdiction, then the out-of-state provider shall comply with the additional requirements of KRS § 309.400 to KRS § 309.422 to obtain a reciprocal license.
Effective: July 15, 2016
History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 7, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 2, effective June 24,
2015. — Created 2012 Ky. Acts ch. 73, sec. 7, effective July 12, 2012.
Formerly codified as KRS § 315.522.
1. The out-of-state provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states possesses a valid license from a jurisdiction that grants the same privileges to persons licensed by the Commonwealth as the Commonwealth grants to persons licensed by the other jurisdiction;
Terms Used In Kentucky Statutes 309.420
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
2. The requirements for licensure in the contiguous bordering state, including but not limited to a requirement for a physical location in the state as a condition of issuing or renewing a license, are substantially similar to the requirements under KRS § 309.400 to KRS § 309.422; and
3. The out-of-state provider seeking licensure states that he or she has studied, is familiar with, and shall abide by KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder.
(b) 1. Notwithstanding subsection (2) of this section, the board may grant a license on the basis of reciprocity to a home medical equipment and services provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states that does not license home medical equipment and services providers if the out-of-state provider seeking to operate in Kentucky states by affidavit that he or she has studied, is familiar with, and shall abide by KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder; and
2. The contiguous bordering state grants the same privileges to persons licensed in the Commonwealth as the Commonwealth grants to providers from the state described in subparagraph 1. of this paragraph.
(2) If the requirements for licensure under KRS § 309.400 to KRS § 309.422 and the administrative regulations promulgated thereunder are more restrictive than the standards of a contiguous jurisdiction, then the out-of-state provider shall comply with the additional requirements of KRS § 309.400 to KRS § 309.422 to obtain a reciprocal license.
Effective: July 15, 2016
History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 7, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 2, effective June 24,
2015. — Created 2012 Ky. Acts ch. 73, sec. 7, effective July 12, 2012.
Formerly codified as KRS § 315.522.