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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
complainant, the violations alleged, and the facts presented in the complaint
and shall notify the person or organization complained against, the employer,
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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 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
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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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