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311A.055 Complaint of violation of chapter -- Investigation -- Notification -Preliminary inquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual
contact with patient.
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In accordance with the provisions of KRS Chapter 13B, all discipline for which the
board is authorized to conduct investigations, hold hearings, and impose
punishments is delegated to the executive director, state medical advisor, board
attorney, and hearing panels as provided herein.
Any person may make a complaint to the executive director that an entity licensed
or certified by the board, first responder, emergency medical technician, paramedic,
emergency medical services medical advisor or other person licensed or certified by
the board has violated a provision of this chapter, an administrative regulation
promulgated pursuant to this chapter, protocol, practice standard, or order of the
board.
Each complaint shall:
(a) Be in writing;
(b) Identify specifically the person or organization against whom the complaint is
made;
(c) Set forth the facts relating to the violation alleged and any other supporting
information which may have a bearing on the matter;
(d) Contain the name, address, telephone number, facsimile number, and e-mail
address, if available, of the complainant;
(e) Be subscribed and sworn to as to the truth of the statements contained in the
complaint by the complainant; and
(f) Be notarized.
A complaint which is unsigned shall not be acted upon by the executive director. A
complaint which is not subscribed and sworn in the manner specified in subsection
(3) of this section shall be returned to the complainant for completion.
The executive director of the board may, on behalf of the board, based on
knowledge available to the office of the board, make a complaint against any person
or organization regulated by the board in the same manner as provided in subsection
(3) of this section.
Upon receipt of a properly completed complaint, the executive director shall assign
the complaint to a staff investigator who shall investigate the complaint and shall
make findings of fact and recommendations to the executive director who shall then
convene a preliminary inquiry board.
When the executive director assigns a complaint to a staff investigator, he or she
shall notify the person or organization against whom the complaint has been filed
and shall notify the employer of a first responder, emergency medical technician, or
paramedic and the emergency medical services medical director for the organization
and for any paramedic against whom the complaint is filed and any other person or
organization specified in this chapter.
The notification shall name the person or organization complained against, the
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complainant, the violations alleged, and the facts presented in the complaint and
shall notify the person or organization complained against, the employer, and the
emergency medical services medical director of:
(a) The fact that the complaint shall be answered, the steps for answering the
complaint, and the action to be taken if the complaint is not answered;
(b) The time frame and steps in the proceedings of a complaint;
(c) The rights of the parties, including the right to counsel; and
(d) The right to testify at any hearing.
Upon the failure of a license or certificate holder to respond to a written accusation
or to request a hearing within twenty (20) days after the sending of the accusation,
the accused shall be considered to have admitted the truth of the facts and the
circumstances in the allegation and appropriate discipline may be imposed.
The preliminary inquiry board shall consist of one (1) member of the board selected
by the chair, and two (2) persons representing the same category of certification or
licensure as the defendant who are not members of the board appointed by the
chairman of the board.
After reviewing the complaint and results of any investigation conducted on behalf
of the board, the preliminary inquiry board shall consider whether the accusation is
sufficient to remand the matter for a hearing as provided in this section and KRS
Chapter 13B. A majority vote of the members of the preliminary inquiry board shall
be necessary for action to either remand the matter for hearing or dismiss the
complaint without hearing.
If the preliminary inquiry board dismisses the complaint, all parties notified
previously shall be notified of the action. If the preliminary inquiry board remands
the matter for a hearing, all parties notified previously shall be notified of the
action.
Each proceeding to consider the imposition of a penalty which the board is
authorized to impose pursuant to this chapter shall be conducted in accordance with
KRS Chapter 13B.
A hearing panel for purposes of making a decision in any disciplinary matter shall
consist of one (1) physician who may be a member of the board or who meets the
qualifications of an emergency medical services medical director; one (1) person
from the category of persons or organizations of the same class as the defendant;
and the hearing officer, who shall not be involved in emergency medical services.
The hearing officer may issue subpoenas to compel the attendance of witnesses and
the production of documents in the conduct of an investigation. The subpoenas may
be enforced by any Circuit Court for contempt. Any order or subpoena of the court
requiring the attendance and testimony of witnesses and the production of
documentary evidence may be enforced and shall be valid anywhere in this state.
At all hearings the board attorney or, on request of the board, the Attorney General
of this state or one (1) of the assistant attorneys general designated shall appear and
represent the board.
The emergency medical services provider or related employer of a person licensed
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or certified by the board and the emergency medical services medical director of
such a person who is the defendant in a hearing shall be parties to the action and
may appear and testify in the matter at any deposition or hearing on the matter and
may propose conclusions of law, findings of fact, and penalties to the hearing panel.
To make a finding or recommend discipline, the two (2) members of the hearing
panel who are not the hearing officer shall agree on the finding or discipline. In the
event of a tie vote, the hearing officer shall cast the deciding vote.
The final order in any disciplinary proceeding shall be prepared by the executive
director and sent to all parties in the manner prescribed by law.
Any person or entity aggrieved by a final order of the board may appeal to the
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
The only discipline that the board may impose against an emergency medical
services medical director is denial, suspension or withdrawal of the board's approval
for that person to serve as an emergency medical services medical director.
If the executive director substantiates that sexual contact occurred between a
licensee or certificate holder and a patient while the patient was under the care of or
in a professional relationship with the licensee or certificate holder, the license or
certification may be revoked or suspended with mandatory treatment of the person
as prescribed by the executive director. The executive director may require the
licensee or certificate holder to pay a specified amount for mental health services
for the patient which are needed as a result of the sexual contact.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 243, sec. 4, effective July 12, 2006. -- Created
2002 Ky. Acts ch. 211, sec. 10, effective July 15, 2002.
Legislative Research Commission Note (7/12/2006). In codifying 2006 Ky. Acts
ch. 243, sec. 4, the Reviser of Statutes has corrected a manifest clerical or
typographical error in subsection (10) of this statute under the authority of KRS
7.136.
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