2012 Kentucky Revised Statutes CHAPTER 311A EMERGENCY MEDICAL SERVICES 311A.020 Powers and duties of board -- Executive director and deputy executive director -- Persons employed by board -- Transfer of personnel funds and equipment to Kentucky Community and Technical College System -- Personnel committee.
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311A.020 Powers and duties of board -- Executive director and deputy executive
director -- Persons employed by board -- Transfer of personnel funds and
equipment to Kentucky Community and Technical College System -Personnel committee.
(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 first
responders, emergency medical technicians, paramedics, ambulance 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 first responders;
5.
Certification and recertification of emergency medical technicians;
6.
Licensure and relicensure of ambulances and ambulance services;
7.
Licensure and relicensure of paramedics;
8.
Certification and recertification of paramedic course coordinators;
9.
Investigation of and resolution of quality complaints and ethics issues;
and
10. 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
(f)
(g)
(h)
(i)
(j)
(k)
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;
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;
Employ personnel sufficient to carry out the statutory responsibilities of the
board.
1.
Personnel assigned to investigate a first responder program complaint or
regulate the first responder programs shall be certified first responders,
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 or paramedics.
3.
Personnel assigned to investigate a paramedic program complaint or
regulate the paramedic program shall be licensed paramedics.
4.
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.
5.
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.
6.
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;
Establish committees and subcommittees and the membership thereof.
Members of committees and subcommittees do not need to be members of the
board;
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;
Administer the Emergency Medical Services for Children Program; and
Establish minimum curriculum and standards for emergency medical services
(2)
(3)
(4)
(5)
(6)
(7)
(8)
training.
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.
The board may delegate to the executive director, by written order, any function
other than promulgation of an administrative regulation specified in this chapter.
Except for securing funding for trauma centers and the implementation of KRS
311A.170, 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.
(a) The Kentucky Community and Technical College System shall employ
personnel for the work of the board, and the personnel in the positions
described in this section and all other persons in administrative and
professional positions shall be transferred to the personnel system of the
Kentucky Community and Technical College System on July 12, 2006, in the
appropriate classification to carry out the mission of the board. All employees
transferred under this paragraph shall have all employment records and
months of service credit transferred to the Kentucky Community and
Technical College System. Employees of the board transferred under this
paragraph who subsequently return to state employment under KRS Chapter
18A shall have their employment records and months of service credit under
the Kentucky Community and Technical College System transferred back to
the KRS Chapter 18A personnel system, and the employment records and
months of service credit shall be used in calculations for all benefits under
KRS Chapter 18A.
(b) New employees hired or contracted after July 12, 2006, shall be employed or
contracted by the Kentucky Community and Technical College System.
The board shall appoint a personnel committee consisting of the chair of the board,
one (1) physician member of the board, one (1) ambulance service provider member
of the board, one (1) additional member of the board selected by the chair of the
board, and one (1) representative of the Kentucky Community and Technical
College System administration. 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 personnel standards of the Kentucky
Community and Technical College System and includes a recommendation for or
against continued employment to be presented to the personnel office of the
Kentucky Community and Technical College System.
All state general fund moneys appropriated to the board, all federal funds, all
moneys collected by the board, and all equipment owned by the board shall be
transferred to the Kentucky Community and Technical College System on July 1,
2006.
The board shall develop a proposed biennial budget for all administrative and
operational functions and duties in conjunction with the Kentucky Community and
Technical College System budget submission process. The Kentucky Community
and Technical College System shall not make changes to the budget proposal
submitted by the board, but may submit written comments on the board's budget
proposal to the board and other agencies in the budget submission process.
Effective: July 12, 2006
History: 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.
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