2012 Kentucky Revised Statutes CHAPTER 311A EMERGENCY MEDICAL SERVICES 311A.050 Restrictions on persons not licensed or certified -- Activities prohibited to persons licensed or certified -- Reporting of prohibited activities -- Penalties and disciplinary action.
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311A.050 Restrictions on persons not licensed or certified -- Activities prohibited to
persons licensed or certified -- Reporting of prohibited activities -- Penalties
and disciplinary action.
(1)
(2)
No person shall:
(a) Call or hold himself or herself out as or use the title of emergency medical
technician, first responder, paramedic, first responder instructor or instructor
trainer, emergency medical technician instructor or instructor trainer, or
paramedic instructor, paramedic instructor trainer, or paramedic course
coordinator unless licensed or certified under the provisions of this chapter.
The provisions of this subsection shall not apply if the board does not license
or certify a person as an instructor, instructor trainer, or course coordinator in
a particular discipline regulated by the board;
(b) Operate or offer to operate or represent or advertise the operation of a school
or other educational program for first responders, emergency medical
technicians, paramedics, or instructors or instructor trainers for first
responders, emergency medical technicians, or paramedics unless the school
or educational program has been approved 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 a first responder, emergency medical technician,
paramedic, or an instructor or instructor trainer for first responders, emergency
medical technicians, or paramedics, or paramedic course coordinator unless
that person is licensed or certified under the provisions of this chapter.
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
(3)
certified person;
(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;
(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, have entered an Alford plea to a
felony offense, or completed a diversion program for a felony offense.
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 any person
licensed or certified by the board who:
(a) Has been convicted of, has entered a guilty plea to, has entered an Alford plea
to a felony offense, or has completed a diversion program for 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)
(4)
(5)
(6)
(7)
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.
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.
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.
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.
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: July 12, 2006
History: Amended 2006 Ky. Acts ch. 243, sec. 3, effective July 12, 2006. -- Created
2002 Ky. Acts ch. 211, sec. 9, effective July 15, 2002.
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