Kentucky Statutes 311A.060 – Sanctions for violations — Disciplinary actions — Criminal charges
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(1) (a) If it is determined that an entity or a member of emergency medical services personnel regulated, licensed, or certified by the board has violated a statute, administrative regulation, protocol, or practice standard relating to serving as an entity or a member of emergency medical services personnel regulated by the board, the office of the board may impose any of the sanctions provided in subsection (2) of this section. Any party to the complaint shall have the right to propose findings of fact and conclusions of law, and to recommend sanctions.
(b) For the purposes of this subsection, violation of ” a statute, administrative regulation, protocol, or practice standard relating to serving as an entity regulated by the board, a paramedic, first responder, or emergency medical technician” shall include violation of KRS § 304.39-215 and conduct that is subject to the penalties under KRS § 304.99-060(4) or (5).
(2) The office of the board shall require an acceptable plan of correction and may use any one (1) or more of the following sanctions when disciplining emergency medical services personnel or any entity regulated by the board:
(a) Private reprimand that shall be shared with each of the paramedic’s, emergency medical responder’s, advanced emergency medical technician’s, or emergency medical technician’s emergency medical services or related employer and medical director;
(b) Public reprimand;
(c) Fines of fifty dollars ($50) to five hundred dollars ($500) for a natural person or fifty dollars ($50) to five thousand dollars ($5,000) for a public agency or business entity;
(d) Revocation of certification or licensure;
(e) Suspension of certification or licensure until a time certain; (f) Suspension until a certain act or acts are performed;
(g) Limitation of practice permanently;
(h) Limitation of practice until a time certain;
(i) Limitation of practice until a certain act or acts are performed;
(j) Repassing a portion of the paramedic, emergency medical responder, advanced emergency medical technician, or emergency medical technician examination;
(k) Probation for a specified time; or
(l) If it is found that the person who is licensed or certified by the board has been convicted of, pled guilty to, or entered an Alford plea to a felony offense, the license or certification shall be revoked.
(3) 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.
(4) 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. 9, effective June 27, 2019; and ch. 143, sec. 8, effective June 27, 2019. — Amended 2006 Ky. Acts ch. 243, sec. 5, effective July 12, 2006. — Created 2002 Ky. Acts ch. 211, sec. 11, effective July 15, 2002.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 100 and 143, which do not appear to be in conflict and have been codified together.
(b) For the purposes of this subsection, violation of ” a statute, administrative regulation, protocol, or practice standard relating to serving as an entity regulated by the board, a paramedic, first responder, or emergency medical technician” shall include violation of KRS § 304.39-215 and conduct that is subject to the penalties under KRS § 304.99-060(4) or (5).
Terms Used In Kentucky Statutes 311A.060
- Action: includes all proceedings in any court of this state. 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.
- Conviction: A judgement of guilt against a criminal defendant.
- 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 - 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(2) The office of the board shall require an acceptable plan of correction and may use any one (1) or more of the following sanctions when disciplining emergency medical services personnel or any entity regulated by the board:
(a) Private reprimand that shall be shared with each of the paramedic’s, emergency medical responder’s, advanced emergency medical technician’s, or emergency medical technician’s emergency medical services or related employer and medical director;
(b) Public reprimand;
(c) Fines of fifty dollars ($50) to five hundred dollars ($500) for a natural person or fifty dollars ($50) to five thousand dollars ($5,000) for a public agency or business entity;
(d) Revocation of certification or licensure;
(e) Suspension of certification or licensure until a time certain; (f) Suspension until a certain act or acts are performed;
(g) Limitation of practice permanently;
(h) Limitation of practice until a time certain;
(i) Limitation of practice until a certain act or acts are performed;
(j) Repassing a portion of the paramedic, emergency medical responder, advanced emergency medical technician, or emergency medical technician examination;
(k) Probation for a specified time; or
(l) If it is found that the person who is licensed or certified by the board has been convicted of, pled guilty to, or entered an Alford plea to a felony offense, the license or certification shall be revoked.
(3) 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.
(4) 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. 9, effective June 27, 2019; and ch. 143, sec. 8, effective June 27, 2019. — Amended 2006 Ky. Acts ch. 243, sec. 5, effective July 12, 2006. — Created 2002 Ky. Acts ch. 211, sec. 11, effective July 15, 2002.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 100 and 143, which do not appear to be in conflict and have been codified together.