Kentucky Statutes 311A.050 – Restrictions on persons and programs not licensed or certified — Activities prohibited to persons licensed or certified — Reporting of prohibited activities — Penalties and disciplinary action
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(1) No person shall:
(a) Call or hold himself or herself out as or use the title of emergency medical technician, advanced emergency medical technician, emergency medical responder, paramedic, advanced practice paramedic, emergency medical services educator, paramedic course coordinator, emergency medical services medical director, mobile integrated healthcare program medical director, or any other member of emergency medical services personnel unless licensed or certified under the provisions of this chapter. The provisions of this paragraph shall not apply if the board does not license or certify a person as an instructor in a particular discipline regulated by the board;
For details, see § 532.060 and § 532.090
(b) Operate or offer to operate or represent or advertise the operation of a school or other educational program for emergency medical services personnel unless the school or educational program has been approved and licensed under the provisions of this chapter. The provisions of this paragraph shall not apply to continuing education provided by a licensed ambulance service for anyone certified or licensed by the board given by an ambulance service for its employees or volunteers; or
(c) Knowingly employ emergency medical services personnel unless that person is licensed or certified under the provisions of this chapter.
(2) No person licensed or certified by the board or who is an applicant for licensure or certification by the board shall:
(a) If licensed or certified, violate any provision of this chapter or any administrative regulation promulgated by the board;
(b) Use fraud or deceit in obtaining or attempting to obtain a license or certification from the board, or be granted a license upon mistake of a material fact;
(c) If licensed or certified by the board, grossly negligently or willfully act in a manner inconsistent with the practice of the discipline for which the person is certified or licensed;
(d) Be unfit or incompetent to practice a discipline regulated by the board by reason of negligence or other causes;
(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the licensee or certified person for administration, or for use of others;
(f) Falsify or fail to make essential entries on essential records;
(g) Be convicted of a misdemeanor which involved acts that bear directly on the qualifications or ability of the applicant, licensee, or certified person to practice the discipline for which the person is an applicant, licensee, or certified person, if in accordance with KRS Chapter 335B;
(h) Be convicted of a misdemeanor which involved fraud, deceit, breach of trust,
or physical harm or endangerment to self or others, acts that bear directly on the qualifications or ability of the applicant, licensee, or certificate holder to practice acts in the license or certification held or sought, if in accordance with KRS Chapter 335B;
(i) Be convicted of a misdemeanor offense under KRS Chapter 510 involving a patient or be found by the board to have had sexual contact as defined in KRS
510.010(7) with a patient while the patient was under the care of the licensee or certificate holder;
(j) Have had his or her license or credential to practice as a nurse or physician denied, limited, suspended, probated, revoked, or otherwise disciplined in Kentucky or in another jurisdiction on grounds sufficient to cause a license to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(k) Have a license or certification to practice in any activity regulated by the board denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction on grounds sufficient to cause a license or certification to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(l) Violate any lawful order or directive previously entered by the board;
(m) Have been listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect, or misappropriation of property; or
(n) Be convicted of, have entered a guilty plea to, or have entered an Alford plea to a felony offense, if in accordance with KRS Chapter 335B.
(3) It shall be unlawful for an employer of a person licensed or certified by the board having knowledge of the facts to refrain from reporting to the board on an official complaint form approved by the board through administrative regulation any person licensed or certified by the board who:
(a) Has been convicted of, has entered a guilty plea to, or has entered an Alford plea to a felony offense;
(b) Has been convicted of a misdemeanor or felony which involved acts that bear directly on the qualifications or ability of the applicant, licensee, or certified person to practice the discipline for which they are an applicant, licensee, or certified person;
(c) Is reasonably suspected of fraud or deceit in procuring or attempting to procure a license or certification from the board;
(d) Is reasonably suspected of grossly negligently or willfully acting in a manner inconsistent with the practice of the discipline for which they are certified or licensed;
(e) Is reasonably suspected of being unfit or incompetent to practice a discipline regulated by the board by reason of negligence or other causes, including but not limited to being unable to practice the discipline for which they are licensed or certified with reasonable skill or safety;
(f) Is reasonably suspected of violating any provisions of this chapter or the
administrative regulations promulgated under this chapter;
(g) Has a license or certification to practice an activity regulated by the board denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction on grounds sufficient to cause a license or certification to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(h) Is practicing an activity regulated by the board without a current active license or certification issued by the board;
(i) Is reasonably suspected of abusing, misusing, or misappropriating any drugs placed in the custody of the licensee or certified person for administration or for use of others; or
(j) Is suspected of falsifying or in a grossly negligent manner making incorrect entries or failing to make essential entries on essential records.
(4) A person who violates subsection (1)(a), (b), or (c) of this section shall be guilty of a Class A misdemeanor for a first offense and a Class D felony for each subsequent offense.
(5) The provisions of this section shall not preclude prosecution for the unlawful practice of medicine, nursing, or other practice certified or licensed by an agency of the Commonwealth.
(6) The filing of criminal charges or a criminal conviction for violation of the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the office of the board from instituting or imposing board disciplinary action authorized by this chapter against any person or organization violating this chapter or the administrative regulations promulgated thereunder.
(7) The institution or imposition of disciplinary action by the office of the board against any person or organization violating the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the filing of criminal charges against or a criminal conviction of any person or organization for violation of the provisions of this chapter or the administrative regulations promulgated thereunder.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 100, sec. 7, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 54, effective June 29, 2017. — Amended 2006 Ky. Acts ch. 243, sec. 3, effective July 12, 2006. — Created 2002 Ky. Acts ch. 211, sec. 9, effective July 15, 2002.
(a) Call or hold himself or herself out as or use the title of emergency medical technician, advanced emergency medical technician, emergency medical responder, paramedic, advanced practice paramedic, emergency medical services educator, paramedic course coordinator, emergency medical services medical director, mobile integrated healthcare program medical director, or any other member of emergency medical services personnel unless licensed or certified under the provisions of this chapter. The provisions of this paragraph shall not apply if the board does not license or certify a person as an instructor in a particular discipline regulated by the board;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 311A.050
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- 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 personnel: means :
(a) Persons trained to provide emergency medical services and certified or licensed by the board under this chapter as an AEMT, APP, EMR, EMR instructor, EMT, EMT instructor, paramedic, or paramedic instructor. See Kentucky Statutes 311A.010 - Fraud: Intentional deception resulting in injury to another.
- 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.
- Paramedic: means a person who is involved in the delivery of medical services and is licensed under this chapter. See Kentucky Statutes 311A.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(b) Operate or offer to operate or represent or advertise the operation of a school or other educational program for emergency medical services personnel unless the school or educational program has been approved and licensed under the provisions of this chapter. The provisions of this paragraph shall not apply to continuing education provided by a licensed ambulance service for anyone certified or licensed by the board given by an ambulance service for its employees or volunteers; or
(c) Knowingly employ emergency medical services personnel unless that person is licensed or certified under the provisions of this chapter.
(2) No person licensed or certified by the board or who is an applicant for licensure or certification by the board shall:
(a) If licensed or certified, violate any provision of this chapter or any administrative regulation promulgated by the board;
(b) Use fraud or deceit in obtaining or attempting to obtain a license or certification from the board, or be granted a license upon mistake of a material fact;
(c) If licensed or certified by the board, grossly negligently or willfully act in a manner inconsistent with the practice of the discipline for which the person is certified or licensed;
(d) Be unfit or incompetent to practice a discipline regulated by the board by reason of negligence or other causes;
(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the licensee or certified person for administration, or for use of others;
(f) Falsify or fail to make essential entries on essential records;
(g) Be convicted of a misdemeanor which involved acts that bear directly on the qualifications or ability of the applicant, licensee, or certified person to practice the discipline for which the person is an applicant, licensee, or certified person, if in accordance with KRS Chapter 335B;
(h) Be convicted of a misdemeanor which involved fraud, deceit, breach of trust,
or physical harm or endangerment to self or others, acts that bear directly on the qualifications or ability of the applicant, licensee, or certificate holder to practice acts in the license or certification held or sought, if in accordance with KRS Chapter 335B;
(i) Be convicted of a misdemeanor offense under KRS Chapter 510 involving a patient or be found by the board to have had sexual contact as defined in KRS
510.010(7) with a patient while the patient was under the care of the licensee or certificate holder;
(j) Have had his or her license or credential to practice as a nurse or physician denied, limited, suspended, probated, revoked, or otherwise disciplined in Kentucky or in another jurisdiction on grounds sufficient to cause a license to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(k) Have a license or certification to practice in any activity regulated by the board denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction on grounds sufficient to cause a license or certification to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(l) Violate any lawful order or directive previously entered by the board;
(m) Have been listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect, or misappropriation of property; or
(n) Be convicted of, have entered a guilty plea to, or have entered an Alford plea to a felony offense, if in accordance with KRS Chapter 335B.
(3) It shall be unlawful for an employer of a person licensed or certified by the board having knowledge of the facts to refrain from reporting to the board on an official complaint form approved by the board through administrative regulation any person licensed or certified by the board who:
(a) Has been convicted of, has entered a guilty plea to, or has entered an Alford plea to a felony offense;
(b) Has been convicted of a misdemeanor or felony which involved acts that bear directly on the qualifications or ability of the applicant, licensee, or certified person to practice the discipline for which they are an applicant, licensee, or certified person;
(c) Is reasonably suspected of fraud or deceit in procuring or attempting to procure a license or certification from the board;
(d) Is reasonably suspected of grossly negligently or willfully acting in a manner inconsistent with the practice of the discipline for which they are certified or licensed;
(e) Is reasonably suspected of being unfit or incompetent to practice a discipline regulated by the board by reason of negligence or other causes, including but not limited to being unable to practice the discipline for which they are licensed or certified with reasonable skill or safety;
(f) Is reasonably suspected of violating any provisions of this chapter or the
administrative regulations promulgated under this chapter;
(g) Has a license or certification to practice an activity regulated by the board denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction on grounds sufficient to cause a license or certification to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth;
(h) Is practicing an activity regulated by the board without a current active license or certification issued by the board;
(i) Is reasonably suspected of abusing, misusing, or misappropriating any drugs placed in the custody of the licensee or certified person for administration or for use of others; or
(j) Is suspected of falsifying or in a grossly negligent manner making incorrect entries or failing to make essential entries on essential records.
(4) A person who violates subsection (1)(a), (b), or (c) of this section shall be guilty of a Class A misdemeanor for a first offense and a Class D felony for each subsequent offense.
(5) The provisions of this section shall not preclude prosecution for the unlawful practice of medicine, nursing, or other practice certified or licensed by an agency of the Commonwealth.
(6) The filing of criminal charges or a criminal conviction for violation of the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the office of the board from instituting or imposing board disciplinary action authorized by this chapter against any person or organization violating this chapter or the administrative regulations promulgated thereunder.
(7) The institution or imposition of disciplinary action by the office of the board against any person or organization violating the provisions of this chapter or the administrative regulations promulgated thereunder shall not preclude the filing of criminal charges against or a criminal conviction of any person or organization for violation of the provisions of this chapter or the administrative regulations promulgated thereunder.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 100, sec. 7, effective June 27, 2019. — Amended
2017 Ky. Acts ch. 158, sec. 54, effective June 29, 2017. — Amended 2006 Ky. Acts ch. 243, sec. 3, effective July 12, 2006. — Created 2002 Ky. Acts ch. 211, sec. 9, effective July 15, 2002.