2014 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
certified person;
(h)
(3)
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) Is reasonably suspected of violating any provisions of this chapter or the
administrative regulations promulgated under this chapter;
(g)
(4)
(5)
(6)
(7)
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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