CHAPTER 126
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1
CHAPTER 126
( HB 777 )
AN ACT relating to emergency medical services.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 311A.015 is amended to read as follows:
(1) There is hereby created an independent agency of the state government to be known as the Kentucky Board
of Emergency Medical Services[ is created and shall be attached to the Kentucky Community and Technical
College System].
(2) The board shall consist of [thirteen (13) members who are residents of Kentucky appointed by the Governor in
conjunction with recognized state emergency medical services related organizations. Membership shall be
made up of ]the following members, who shall be residents of Kentucky:
(a) One (1) physician licensed in Kentucky who serves as the medical director for an ambulance provider
and is board-certified in emergency medicine appointed by the Governor from a list of three (3)
physicians submitted by the Kentucky Medical Association or the Kentucky Chapter of the American
College of Emergency Physicians;
(b) One (1) physician licensed in Kentucky who is routinely involved in the emergency care of ill or
injured children appointed by the Governor from a list of three (3) physicians submitted by the
Kentucky Medical Association or the Kentucky Chapter of the American College of Emergency
Physicians;
(c) One (1) local government representative appointed by the Governor from a list of three (3)
individuals submitted by the Kentucky League of Cities;
(d) One (1) local government representative appointed by the Governor from a list of three (3)
individuals submitted by the Kentucky Association of Counties;
(e) One (1) licensed or certified emergency medical services field provider who is primarily employed by
a hospital-based health care facility appointed by the Governor from a list of three (3) individuals
submitted by the Kentucky Hospital Association;
(f) One (1) licensed or certified emergency medical services field provider appointed by the Governor
from a list of three (3) individuals submitted by the Kentucky Ambulance Providers Association;
(g) One (1) licensed or certified emergency medical services field provider appointed by the Governor
from a list of three (3) individuals submitted by the Kentucky Professional Fire Fighters;
(h) One (1) licensed or certified emergency medical services field provider appointed by the Governor
from a list of three (3) individuals submitted by the Kentucky Association of Fire Chiefs;
(i) One (1) licensed or certified emergency medical services educator appointed by the Governor;
(j) One (1) licensed or certified emergency medical services field provider appointed by the Governor
from a list of three (3) air medical transportation providers based in Kentucky submitted by the
Kentucky Chapter of the Association of Air Medical Services;
(k) One (1) hospital administrator appointed by the Governor from a list of three (3) individuals
submitted by the Kentucky Hospital Association;
(l) One (1) citizen at large appointed by the Governor who is not associated with or financially interested
in the delivery of medical or emergency services; and
(m) The secretary of the Cabinet for Health and Family Services or his or her designee[(a) One (1)
emergency medical technician who works for a government agency but is not serving in an educational,
management, or supervisory capacity;
(b) One (1) physician licensed in Kentucky serving as medical director of an advanced life support
ambulance service selected from a list of three (3) physicians submitted by the Kentucky Medical
Association; ACTS OF THE GENERAL ASSEMBLY 2
(c) One (1) physician licensed in Kentucky who is routinely involved in the emergency care of ill or injured
children selected from a list of three (3) physicians submitted by the Kentucky Medical Association;
(d) One (1) citizen having no involvement in the delivery of medical or emergency services;
(e) One (1) certified emergency medical services educator;
(f) One (1) fire-service-based, licensed Class I ground ambulance service administrator who is a certified
emergency medical technician, an advanced emergency medical technician, or a licensed paramedic;
(g) One (1) licensed air ambulance service administrator or paramedic for a licensed air ambulance service
headquartered in Kentucky;
(h) One (1) privately operated, licensed Class 1 ground ambulance service administrator who is a certified
emergency medical technician, an advanced emergency medical technician, or a licensed paramedic;
(i) One (1) hospital administrator selected from a list of three (3) nominees submitted by the Kentucky
Hospital Association;
(j) One (1) advanced life support ambulance provider who is an advanced emergency medical technician
or a licensed paramedic, who works for a government agency but is not serving in an educational,
management, or supervisory capacity;
(k) One (1) publicly operated Class I ground ambulance service administrator who is a certified emergency
medical technician, an advanced emergency medical technician, or a licensed paramedic;
(l) One (1) mayor of a city that operates, either directly or through contract services, a licensed Class I
ground ambulance service; and
(m) One (1) county judge/executive from a county that operates, whether directly or through contract
services, a licensed Class I ground ambulance service].
(3) [(a) ]Members shall serve for a term of four (4) years, may be reappointed, and shall serve no more than two
(2) consecutive terms. A member appointed to a partial term vacancy exceeding two (2) years shall be deemed
to have served a full term. A former member may be reappointed following an absence of at least one (1) term.
[(b) Any person serving on the board in a position eliminated on June 27, 2019, and whose term has not
expired prior to the June 27, 2019, may continue to serve in a voting, ex officio capacity until the
expiration of his or her term.]
(4) The board shall:
(a) Meet at least six (6) times a year; and
(b) At the first meeting of the board after September 1 of each year, elect a chair and vice chair by majority
vote of the members present and set a schedule of six (6) regular meetings for the next twelve (12)
month period.
(5) The board shall adopt a quorum and rules of procedure by administrative regulation.
(6) (a) A member of the board who misses three (3) regular meetings in a twelve (12) month period shall be
deemed to have resigned from the board and his or her position shall be deemed vacant.
(b) The failure of a board member to attend a special or emergency meeting shall not result in any penalty.
(c) The Governor shall appoint a person with the same professional qualifications[of the same class] to fill
the vacancy within ninety (90) days.
(d) The person removed under this subsection shall not be reappointed to the board for at least ten (10)
years.
(7) Members of the board shall be entitled to reimbursement for actual and necessary expenses when carrying out
official duties of the board in accordance with state administrative regulations relating to travel
reimbursement.
(8) The board shall submit a report to the General Assembly by September 1 of each year. The report shall
include but not be limited to:
(a) A detailed list of income and expenses of the board; CHAPTER 126
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(b) A detailed summary of data collected on the number of complaints against individuals certified or
licensed by the board and emergency medical services training institutions approved by the board,
and the disposition of those complaints;
(c) An accounting of all new administrative regulations and amendments to administrative regulations
promulgated by the board; and
(d) Recommendations for changes in administrative regulations, board policies, and statutes[Annual
reports and recommendations from the board shall be sent by September 1 each year to the Governor,
the president of the Kentucky Community and Technical College System, and the General Assembly].
Section 2. KRS 311A.020 is amended to read as follows:
(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 emergency medical 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 emergency medical responders;
5. Certification and recertification of emergency medical technicians and advanced emergency
medical technicians;
6. Licensure and relicensure of ambulances, ambulance services, and mobile integrated healthcare
programs;
7. Licensure and relicensure of paramedics;
8. Certification and recertification of advanced practice paramedics;
9. Certification and recertification of EMS educators;
10. Investigation of and resolution of [quality ]complaints and ethics issues pertaining to
professional certifications and licenses;[ and]
11. The resolution of complaints and ethics issues pertaining to ambulances, ambulance services,
and mobile integrated healthcare programs; and
12. 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 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;
(f) 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. The board
and the attorney shall implement and oversee the regulatory process; ACTS OF THE GENERAL ASSEMBLY 4
(g) Employ personnel sufficient to carry out the statutory responsibilities of the board in accordance with
the following:[.]
1. Personnel assigned to investigate an emergency medical responder program complaint or
regulate the emergency medical responder programs shall be certified emergency medical
responders, emergency medical technicians, advanced 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, advanced emergency medical technicians, or paramedics;[.]
3. Personnel assigned to investigate an advanced emergency medical technician program complaint
or regulate the advanced emergency medical technician program shall be certified advanced
emergency medical technicians or paramedics;[.]
4. Personnel assigned to investigate a paramedic program complaint or regulate the paramedic
program shall be licensed paramedics;[.]
5. 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;[.]
6. 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; and[.]
7. 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;
(h) Establish committees and subcommittees and the membership thereof. Members of committees and
subcommittees do not need to be members of the board but shall reflect the qualifications of the board
members;
(i) 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;
(j) Administer the Emergency Medical Services for Children Program; and
(k) Establish minimum curriculum and standards for emergency medical services training.
(2) 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.
(3) The board may delegate to the executive director, by written order, any function specified in this chapter other
than promulgation of an administrative regulation[ specified in this chapter].
(4) Except for securing funding for trauma centers, 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.
(5) [(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 CHAPTER 126
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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.
(6) ]The chair of 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 state personnel standards [of the Kentucky Community and Technical College System ]and includes a
recommendation for or against continued employment to be presented to the board[personnel office of the
Kentucky Community and Technical College System].
[(7) 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.
(8)](6) 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].
Section 3. KRS 311A.025 is amended to read as follows:
(1) The board shall, subject to the provisions of this chapter, create levels of certification or licensure, as
appropriate for [individuals ]providing services under this chapter. These may consist of but not be limited to:
(a) Emergency medical services educator, Level I, II, and III;
(b) Emergency medical responder;
(c) Emergency medical technician and advanced emergency medical technician;
(d) Paramedic, advanced practice paramedic, and paramedic preceptor;
(e) Emergency medical services medical director who supervises a person or organization licensed or
certified by the board;
(f) Mobile integrated healthcare program medical director who supervises an MIH program licensed by the
board;
(g) Emergency medical services[service] training institution;
(h) Emergency medical services[service] testing agency;
(i) Ground ambulance service, including categories thereof;
(j) Air ambulance service;
(k) Medical first response provider;
(l) Emergency medical dispatcher, emergency medical dispatch instructor, and emergency medical
dispatch instructor trainer;
(m) Emergency medical dispatch center or public safety answering point; and
(n) Any other entity authorized by this chapter.
(2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A for any
certification or license the board may create. The administrative regulations shall, at a minimum, address:
(a) Requirements for students, if appropriate;
(b) Requirements for training;
(c) Eligibility for certification or licensure; and ACTS OF THE GENERAL ASSEMBLY 6
(d) Renewal, recertification, and relicensure requirements.
(3) The board may authorize a physician licensed to practice in Kentucky to serve as an emergency medical
services medical director if that physician meets the requirements specified by the board by administrative
regulation.
(4) A hospital that owns an ambulance service that is exempt from certificate of need pursuant to subsection (7)
of Section 9 of this Act may provide transport services from another health facility to its hospital if
authorized by the ambulance service provider with jurisdiction in the territory in which the other health
facility is located.
Section 4. KRS 311A.030 is amended to read as follows:
(1) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the
functions of this chapter, including but not limited to:
(a)[(1)] Licensing, inspecting, and regulating of ambulance services, mobile integrated healthcare
programs, and medical first [-]response providers. The administrative regulations shall address specific
requirements for:
1.[(a)] Class I Ground ambulance providers, which provide basic life support or advanced life support
services to all patients for emergencies or scheduled ambulance transportation that[which] is
medically necessary;
2.[(b)] Class II Ground ambulance providers, which provide only basic life support services but do not
provide initial response to the general population with medical emergencies and which are
limited to providing scheduled ambulance transportation that[which] is medically necessary;
3.[(c)] Class III Ground ambulance providers, which provide mobile intensive care services at or above
the level of advanced life support to patients with critical illnesses or injuries who must be
transported between hospitals in vehicles with specialized equipment as an extension of hospital-
level care;
4.[(d)] Class IV Ground ambulance providers, which provide basic life support or advanced life support
services and transportation for restricted locations such as industrial sites and other sites that do
not provide services outside a designated site;
5.[(e)] Class V Mobile integrated healthcare programs, which do not transport patients as a function of
the program and which must be operated by or in affiliation with a Class I ambulance provider
that provides emergency medical response in the geographic area;
6.[(f)] Class VI medical first response providers, which provide basic or advanced life support services,
but do not transport patients;
7.[(g)] Class VII air ambulance providers, which provide basic or advanced life support services; and
8.[(h)] Class VIII event medicine providers, which provide basic or advanced life support services, but
do not transport patients; and
(b)[(2)] Licensing, inspecting, and regulating of emergency medical services training institutions.
(2) The licensure standards for Class I ground ambulance providers shall distinguish between an ambulance
service that provides only emergency transportation, only scheduled ambulance transportation, or both
types of transportation[Nothing in this section shall be construed to change or alter the issuance of certificates
of need for emergency medical services providers].
Section 5. KRS 311A.035 is amended to read as follows:
The board shall[may] carry out the functions of this chapter, including but not limited to:
(1) Establishing minimum data reporting requirements, including requirements specifically related to emergency
medical services and trauma care of children, for ambulance providers and collection and analysis of data
related to the provision of emergency medical services;
(2) Maintaining the Emergency Medical Services for Children Program with federal funds so designated plus any
additional funds that may be appropriated by the General Assembly, or any other funds that may become
available to the board, including gifts, grants, or other sources; CHAPTER 126
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(3) Developing a statewide plan for the implementation of emergency medical services systems [and trauma care
systems ]within the Commonwealth of Kentucky that specifically addresses the unique needs of rural areas;
(4) Applying for, receiving, and disposing of federal, state, or private funds by grant, appropriation, donation, or
otherwise for emergency medical services programs, personnel, and equipment; and
(5) Developing, monitoring, and encouraging other projects and programs that may be of benefit to emergency
medical services in the Commonwealth.
[Nothing in this section shall be construed to change or alter the issuance of certificates of need for emergency
medical services providers.]
Section 6. KRS 311A.055 is amended to read as follows:
(1) 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, except that investigations and
hearings for ambulance services licensed under Section 4 of this Act shall be conducted by the Cabinet for
Health and Family Services in accordance with Section 8 of this Act. The board shall immediately transfer
all complaints submitted regarding ambulance services licensed under Section 4 of this Act to the cabinet
and the cabinet shall submit findings and recommendations to the board for all complaints submitted by the
board.
(2) Any person may make a complaint to the executive director that an entity licensed or certified by the board,
emergency medical services personnel, or any 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.
(3) Each complaint shall:
(a) Be made by telephone or in writing and may be submitted electronically, by facsimile, or by mail;
(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 that[which]
may have a bearing on the matter; and
(d) Contain the name, address and zip code, day and work telephone numbers[number], facsimile number
if appropriate, [and ]e-mail address, if available, and the nature of the complainant's relationship to
the licensee[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].
(4) [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.
(5)] 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.
(5) (a)[(6)] Except as provided by paragraph (b) of this subsection, 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.
(b) If the complaint is pertaining to ambulance services licensed under Section 4 of this Act, the
executive director shall transfer the complaint to the Cabinet for Health and Family Services, in
accordance with Section 8 of this Act.
(6)[(7)] 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, the employer of the emergency services personnel
against whom the complaint has been filed, the emergency medical services medical director or mobile
integrated healthcare program medical director for the organization against whom the complaint has been filed ACTS OF THE GENERAL ASSEMBLY 8
or that employs the emergency medical services personnel against whom the complaint has been filed, and any
other person or organization specified in this chapter.
(7)[(8)] 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, and the emergency medical services or the mobile integrated healthcare
program 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.
(8)[(9)] 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.
(9)[(10)] 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.
(10)[(11)] 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.
(11)[(12)] 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.
(12)[(13)] Each proceeding to consider the imposition of a penalty that[which] the board is authorized to impose
pursuant to this chapter shall be conducted in accordance with KRS Chapter 13B.
(13)[(14)] 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.
(14)[(15)] 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.
(15)[(16)] 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.
(16)[(17)] 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 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.
(17)[(18)] 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.
(18)[(19)] 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.
(19)[(20)] 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. CHAPTER 126
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(20)[(21)] 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.
(21)[(22)] 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.
(22) Except as specified in this section, all board proceedings, including the complaint, answer, and other
records relating to a disciplinary proceeding, shall be confidential until a final determination is made by the
board, except:
(a) The board may turn over to the Attorney General, the United States Attorney, Commonwealth's
attorney, or county attorney of the jurisdiction in which the offense allegedly occurred, evidence that
may be used in criminal proceedings; and
(b) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the
board may publicly confirm the existence of the inquiry and, in its discretion, make public any
documents that were issued to either party.
Section 7. KRS 311A.190 is amended to read as follows:
(1) Each licensed ambulance provider, mobile integrated healthcare program, and medical first response provider
as defined in this chapter shall collect and provide to the board patient care record data and information
required by the board by this chapter and administrative regulation.
(2) The board shall develop a patient care record form for the use of each class of ambulance provider, mobile
integrated healthcare program, and medical first response provider containing the data required in subsection
(1) of this section. An ambulance provider, mobile integrated healthcare program, or medical first response
provider may utilize any patient care record form it chooses in lieu of or in addition to the board developed
patient care record form. However, the data captured on the patient care record form utilized by the ambulance
service[ provider], mobile integrated healthcare program, or medical first response provider shall include at
least the[that] data that[which] is required by the administrative regulations promulgated pursuant to
subsection (1) of this section.
(3) An ambulance provider, mobile integrated healthcare program, or medical first response provider shall report
the required patient care record data as prescribed through administrative regulations promulgated by the board
by transmitting the required data and information to the board in an electronic format. If the board requires the
use of a specific electronic format, it shall provide a copy of the file layout requirements, in either written or
electronic format, to the licensed ambulance provider or medical first response provider at no charge.
(4) The board shall[may] publish a comprehensive annual report reflecting the data collected, injury and illness
data, treatment utilized, and other information deemed important by the board. The annual report shall not
include patient identifying information or any other information identifying a natural person. A copy of the
comprehensive annual report, if issued, shall be forwarded to the Governor and the General Assembly.
(5) Ambulance provider, mobile integrated healthcare program and medical first response provider patient care
records and the information transmitted electronically to the board shall be confidential and in compliance
with HIPAA privacy rules referenced in 45 C.F.R. pt. 164. No person shall make an unauthorized release of
information on an ambulance provider, mobile integrated healthcare program, or medical first response
provider patient care record. Only the patient or the patient's parent or legal guardian if the patient is a minor,
or the patient's legal guardian or person with proper power of attorney if the patient is under legal disability as
being incompetent or mentally ill, or a court of competent jurisdiction may authorize the release of information
on a patient's care record or the inspection or copying of the patient care record. Any authorization for the
release of information or for inspection or copying of a patient care record shall be in writing.
(6) An ambulance provider or medical first response provider that collects patient data through electronic means
shall have the means of providing a patient care record or summary report that includes all required data
elements to the medical care facility. A copy of the medical first response patient care record or summary
report of the patient care record and patient information shall be made available to the ambulance service that ACTS OF THE GENERAL ASSEMBLY 10
transports the patient. A copy of the ambulance transportation and medical[run] report forms[form] shall be
made available to any medical care facility to which a patient is transported and shall be included in the
patient's medical record by that facility. If a patient is not transported to a medical facility, the copy of the
patient care record that is to be given to the transporting ambulance provider or medical care facility shall be
given to the patient or to the patient's parent or legal guardian upon request. If the ambulance provider,
medical facility, patient, or patient's legal guardian refuses delivery of their patient care record or is
unavailable to receive the form, that copy of the patient care record shall be returned to the medical first
response provider or ambulance provider and destroyed.
(7) All ambulance services and mobile integrated healthcare programs shall be required to keep adequate reports
and records to be maintained at the ambulance base headquarters and to be available for periodic review as
deemed necessary by the board. Required records and reports are as follows:
(a) Employee records, including a resume of each employee's training and experience and evidence of
current certification or licensure; and
(b) Health records of all personnel including records of all illnesses or accidents occurring while on duty.
(8) Data and records generated and kept by the board or its contractors regarding the evaluation of emergency
medical care, mobile integrated healthcare programs, and trauma care in the Commonwealth, including the
identities of patients, emergency medical services personnel, ambulance providers, medical first-response
providers, and emergency medical facilities, shall be confidential, shall not be subject to disclosure under KRS
61.805 to 61.850 or KRS 61.870 to 61.884, shall not be admissible in court for any purpose, and shall not be
subject to discovery. However, nothing in this section shall limit the discoverability or admissibility of patient
medical records regularly and ordinarily kept in the course of a patient's treatment that otherwise would be
admissible or discoverable.
(9) The Cabinet for Health and Family Services shall have complete and immediate access to all data and
records maintained by the board or its contractors and may use information contained in the data and
records to fulfill its responsibilities and requirements for health facilities and services, including but not
limited to those duties assigned to the cabinet by KRS 194A.101, 216.2920 to 216.2929, and 216B.042.
SECTION 8. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO READ AS FOLLOWS:
(1) The cabinet shall investigate and hold hearings on complaints pertaining to ambulance services licensed
under Section 4 of this Act that are transferred to the cabinet by the Kentucky Board of Emergency Medical
Services as required by Section 5 of this Act if the cabinet determines a hearing is needed.
(2) The hearing shall be before a person designated to serve as hearing officer by the secretary.
(3) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the
hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record
and a statement of the basis of the hearing officer's findings. The applicant or licensee shall be entitled to
be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony
by witnesses or, if the cabinet so permits, by depositions. A full and complete record shall be kept of all
hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed
pursuant to this chapter. The cabinet shall immediately submit the hearing officer's findings and
recommendations or the prepared written findings of fact and statement of the basis for its decision, which
shall become part of the record of the proceedings, to the Kentucky Board of Emergency Medical Services.
(4) The Kentucky Board of Emergency Medical Services may deny, revoke, modify, or suspend a license in any
case in which the cabinet finds that there has been a substantial failure to comply with the provisions of
Section 4 of this Act or the administrative regulations promulgated hereunder. The denial, revocation,
modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or
other method of delivery which may include electronic service, a notice setting forth the particular reasons
for the action. The board shall notify the cabinet within five (5) days of its action in response to the
cabinet's findings and recommendations in writing.
(5) The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after
notice is given, unless the applicant or licensee, within the thirty (30) day period, files a request in writing
for a hearing with the cabinet. The cabinet shall notify the board of its actions within five (5) days of
receiving a hearing request. All decisions revoking, suspending, modifying, or denying licenses shall be
made by the board in writing. The board shall notify the applicant or licensee of the decision.
(6) The decision of the board shall be final for purposes of judicial appeal upon notice of the board's decision. CHAPTER 126
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Section 9. KRS 216B.020 is amended to read as follows:
(1) The provisions of this chapter that relate to the issuance of a certificate of need shall not apply to abortion
facilities as defined in KRS 216B.015; any hospital which does not charge its patients for hospital services and
does not seek or accept Medicare, Medicaid, or other financial support from the federal government or any
state government; assisted living residences; family care homes; state veterans' nursing homes; services
provided on a contractual basis in a rural primary-care hospital as provided under KRS 216.380; community
mental health centers for services as defined in KRS Chapter 210; primary care centers; rural health clinics;
private duty nursing services operating as nursing pools; group homes; licensed residential crisis stabilization
units; licensed free-standing residential substance use disorder treatment programs with sixteen (16) or fewer
beds, but not including Levels I and II psychiatric residential treatment facilities or licensed psychiatric
inpatient beds; outpatient behavioral health treatment, but not including partial hospitalization programs; end
stage renal disease dialysis facilities, freestanding or hospital based; swing beds; special clinics, including but
not limited to wellness, weight loss, family planning, disability determination, speech and hearing, counseling,
pulmonary care, and other clinics which only provide diagnostic services with equipment not exceeding the
major medical equipment cost threshold and for which there are no review criteria in the state health plan;
nonclinically related expenditures; nursing home beds that shall be exclusively limited to on-campus residents
of a certified continuing care retirement community; home health services provided by a continuing care
retirement community to its on-campus residents; the relocation of hospital administrative or outpatient
services into medical office buildings which are on or contiguous to the premises of the hospital; the relocation
of acute care beds which occur among acute care hospitals under common ownership and which are located in
the same area development district so long as there is no substantial change in services and the relocation does
not result in the establishment of a new service at the receiving hospital for which a certificate of need is
required; the redistribution of beds by licensure classification within an acute care hospital so long as the
redistribution does not increase the total licensed bed capacity of the hospital; residential hospice facilities
established by licensed hospice programs; [or ]the following health services provided on site in an existing
health facility when the cost is less than six hundred thousand dollars ($600,000) and the services are in place
by December 30, 1991: psychiatric care where chemical dependency services are provided, level one (1) and
level two (2) of neonatal care, cardiac catheterization, and open heart surgery where cardiac catheterization
services are in place as of July 15, 1990; or ambulance services operating in accordance with subsections
(6), (7), or (8) of this section. [The provisions of this section shall not apply to nursing homes, personal care
homes, intermediate care facilities, and family care homes; or nonconforming ambulance services as defined
by administrative regulation. ]These listed facilities or services shall be subject to licensure, when applicable.
(2) Nothing in this chapter shall be construed to authorize the licensure, supervision, regulation, or control in any
manner of:
(a) Private offices and clinics of physicians, dentists, and other practitioners of the healing arts, except any
physician's office that meets the criteria set forth in KRS 216B.015(5) or that meets the definition of an
ambulatory surgical center as set out in KRS 216B.015;
(b) Office buildings built by or on behalf of a health facility for the exclusive use of physicians, dentists,
and other practitioners of the healing arts; unless the physician's office meets the criteria set forth in
KRS 216B.015(5), or unless the physician's office is also an abortion facility as defined in KRS
216B.015, except no capital expenditure or expenses relating to any such building shall be chargeable to
or reimbursable as a cost for providing inpatient services offered by a health facility;
(c) Outpatient health facilities or health services that:
1. Do not provide services or hold patients in the facility after midnight; and
2. Are exempt from certificate of need and licensure under subsection (3) of this section;
(d) Dispensaries and first-aid stations located within business or industrial establishments maintained solely
for the use of employees, if the facility does not contain inpatient or resident beds for patients or
employees who generally remain in the facility for more than twenty-four (24) hours;
(e) Establishments, such as motels, hotels, and boarding houses, which provide domiciliary and auxiliary
commercial services, but do not provide any health related services and boarding houses which are
operated by persons contracting with the United States Department of Veterans Affairs for boarding
services; ACTS OF THE GENERAL ASSEMBLY 12
(f) The remedial care or treatment of residents or patients in any home or institution conducted only for
those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets
of any recognized church or religious denomination and recognized by that church or denomination;
and
(g) On-duty police and fire department personnel assisting in emergency situations by providing first aid or
transportation when regular emergency units licensed to provide first aid or transportation are unable to
arrive at the scene of an emergency situation within a reasonable time.
(3) The following outpatient categories of care shall be exempt from certificate of need and licensure on July 14,
2018:
(a) Primary care centers;
(b) Special health clinics, unless the clinic provides pain management services and is located off the
campus of the hospital that has majority ownership interest;
(c) Specialized medical technology services, unless providing a State Health Plan service;
(d) Retail-based health clinics and ambulatory care clinics that provide nonemergency, noninvasive
treatment of patients;
(e) Ambulatory care clinics treating minor illnesses and injuries;
(f) Mobile health services, unless providing a service in the State Health Plan;
(g) Rehabilitation agencies;
(h) Rural health clinics; and
(i) Off-campus, hospital-acquired physician practices.
(4) The exemptions established by subsections (2) and (3) of this section shall not apply to the following
categories of care:
(a) An ambulatory surgical center as defined by KRS 216B.015(4);
(b) A health facility or health service that provides one (1) of the following types of services:
1. Cardiac catheterization;
2. Megavoltage radiation therapy;
3. Adult day health care;
4. Behavioral health services;
5. Chronic renal dialysis;
6. Birthing services; or
7. Emergency services above the level of treatment for minor illnesses or injuries;
(c) A pain management facility as defined by KRS 218A.175(1);
(d) An abortion facility that requires licensure pursuant to KRS 216B.0431; or
(e) A health facility or health service that requests an expenditure that exceeds the major medical
expenditure minimum.
(5) An existing facility licensed as an intermediate care or nursing home shall notify the cabinet of its intent to
change to a nursing facility as defined in Public Law 100-203. A certificate of need shall not be required for
conversion of an intermediate care or nursing home to the nursing facility licensure category.
(6) Ambulance services owned and operated by a city government, which propose to provide services in
coterminous cities outside of the ambulance service's designated geographic service area, shall not be required
to obtain a certificate of need if the governing body of the city in which the ambulance services are to be
provided enters into an agreement with the ambulance service to provide services in the city.
(7) Ambulance services owned by a hospital shall not be required to obtain a certificate of need for the sole
purpose of providing non-emergency and emergency transport services originating from its hospital. CHAPTER 126
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(8) (a) As used in this subsection, "emergency ambulance transport services" means the transportation of
an individual that has an emergency medical condition with acute symptoms of sufficient severity
that the absence of immediate medical attention could reasonably be expected to place the
individual's health in serious jeopardy or result in the serious impairment or dysfunction of the
individual's bodily organs.
(b) A city or county government that has conducted a public hearing for the purposes of demonstrating
that an imperative need exists in the city or county to provide emergency ambulance transport
services within its jurisdictional boundaries shall not be required to obtain a certificate of need for
the city or county to:
1. Directly provide emergency ambulance transport services as defined in this subsection within
the city's or county's jurisdictional boundaries; or
2. Enter into a contract with a hospital or hospitals within its jurisdiction, or within an adjoining
county if there are no hospitals located within the county, for the provision of emergency
ambulance transport services as defined in this subsection within the city's or county's
jurisdictional boundaries.
(c) Any license obtained under KRS Chapter 311A by a city or county for the provision of ambulance
services operating under a certificate of need exclusion pursuant to this subsection shall be held
exclusively by the city or county government and shall not be transferrable to any other entity.
(d) Prior to obtaining the written agreement of a city, an ambulance service operating under a county
government certificate of need exclusion pursuant to this subsection shall not provide emergency
ambulance transport services within the boundaries of any city that:
1. Possesses a certificate of need to provide emergency ambulance services;
2. Has an agency or department thereof that holds a certificate of need to provide emergency
ambulance services; or
3. Is providing emergency ambulance transport services within its jurisdictional boundaries
pursuant to this subsection.
(9) (a) Except where a certificate of need is not required pursuant to subsections (6), (7), or (8) of this
subsection, the cabinet shall grant nonsubstantive review for a certificate of need proposal to
establish an ambulance service that is owned by a:
1. City government;
2. County government; or
3. Hospital, in accordance with paragraph (b) of this subsection.
(b) A notice shall be sent by the cabinet to all cities and counties that a certificate of need proposal to
establish an ambulance service has been submitted by a hospital. The legislative bodies of the cities
and counties affected by the hospital's certificate of need proposal shall provide a response to the
cabinet within thirty (30) days of receiving the notice. The failure of a city or county legislative body
to respond to the notice shall be deemed to be support for the proposal.
(c) An ambulance service established under this subsection shall not be transferred to another entity that
does not meet the requirements of paragraph (a) of this subsection without first obtaining a
substantive certificate of need.
(10) Notwithstanding any other provision of law, a continuing care retirement community's nursing home beds
shall not be certified as Medicaid eligible unless a certificate of need has been issued authorizing applications
for Medicaid certification. The provisions of subsection (5) of this section notwithstanding, a continuing care
retirement community shall not change the level of care licensure status of its beds without first obtaining a
certificate of need.
(11) An ambulance service established under subsection (9) of this section shall not be transferred to an entity
that does not qualify under subsection (9) of this section without first obtaining a substantive certificate of
need.
(12) (a) The provisions of subsections (7), (8), and (9) of this section shall expire on July 1, 2026. ACTS OF THE GENERAL ASSEMBLY 14
(b) All actions taken by cities, counties, and hospitals, exemptions from obtaining a certificate of need,
and any certificate of need granted under subsections (7), (8), and (9) of this section prior to July 1,
2026, shall remain in effect on and after July 1, 2026.
Section 10. KRS 216B.095 is amended to read as follows:
(1) An applicant may waive the procedures for formal review of an application for a certificate of need and
request a nonsubstantive review as provided below. The cabinet may grant or deny nonsubstantive review
status within ten (10) days of the date the application is deemed completed and shall give notice to all affected
persons of the decision to conduct a nonsubstantive review. Any affected person other than the applicant may
request a hearing by filing a request with the cabinet within ten (10) days of the notice to conduct a
nonsubstantive review. As applicable, hearings shall be conducted as provided in KRS 216B.085. Based solely
upon the record established with regard to the matter, the cabinet shall approve or deny a certificate of need on
all projects assigned nonsubstantive review status within thirty-five (35) days of the determination of
nonsubstantive review status. If the application is denied nonsubstantive review status, it shall automatically be
placed in the formal review process.
(2) If a certificate of need is denied following a nonsubstantive review, the applicant may request that the
application be placed in the next cycle of the formal review process. Nothing in this subsection shall require an
applicant to pursue a formal review before obtaining judicial review pursuant to KRS 216B.115.
(3) The cabinet may grant nonsubstantive review status to an application for a certificate of need which is
required:
(a) To change the location of a proposed health facility;
(b) To replace or relocate a licensed health facility, if there is no substantial change in health services or
substantial change in bed capacity;
(c) To replace or repair worn equipment if the worn equipment has been used by the applicant in a health
facility for five (5) years or more;
(d) For cost escalations; or
(e) [To establish an industrial ambulance service; or
(f) ]In other circumstances the cabinet by administrative regulation may prescribe.
(4) Notwithstanding any other provision to the contrary in this chapter, the cabinet may approve a certificate of
need for a project required for the purposes set out in paragraphs (a) to (e)[(f)] of subsection (3) of this section,
unless it finds the facility or service with respect to which the capital expenditure is proposed to be made is not
required; or to the extent the facility or services contemplated by the proposed capital expenditure is addressed
in the state health plan, the cabinet finds that the capital expenditure is not consistent with the state health plan.
(5) The decision of the cabinet approving or denying a certificate of need pursuant to this section shall be final for
purposes of judicial appeal, unless the applicant requests the application be placed in the formal review
process. An approved certificate shall be issued thirty (30) days after notice of the cabinet's decision, unless a
judicial appeal is taken and issuance is enjoined by the court.
(6) Notwithstanding any other provision of law, the cabinet shall not grant nonsubstantive review status to a
certificate of need application that indicates an intent to apply for Medicaid certification of nursing home beds
within a continuing care retirement community established under KRS 216B.015, 216B.020, 216B.330, and
216B.332.
(7) Notwithstanding any provision of state law or the state health plan promulgated by administrative regulation in
accordance with KRS 216B.040, the cabinet shall grant nonsubstantive review for a certificate of need
proposal to establish an ambulatory surgical center if the applicant complies with the following:
(a) The applicant is an ambulatory surgical center that was organized and in operation as the private office
of a physician or physician group prior to October 1, 2006;
(b) 1. The cabinet's general counsel has submitted a letter to the Accreditation Association for
Ambulatory Health Care advising that the cabinet does not object to the applicant's parent
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2. The applicant is an ambulatory surgical center that has received from the cabinet a favorable
advisory opinion dated June 14, 2005, confirming that the applicant would be exempt from the
certificate of need or licensure requirement;
(c) The applicant's ambulatory surgical center has been inspected and accredited by the Accreditation
Association for Ambulatory Health Care since December 31, 2006, and has maintained accreditation
with that organization consistently since that time; and
(d) The applicant was a party to litigation concerning the ambulatory surgical center and physician office
issue and, prior to July 12, 2012, obtained a Court of Appeals ruling in its favor.
Section 11. KRS 189.910 is amended to read as follows:
(1) As used in KRS 189.920 to 189.950, "emergency vehicle" means any vehicle used for emergency purposes by:
(a) The Department of Kentucky State Police;
(b) A public police department;
(c) The Department of Corrections;
(d) A sheriff's office;
(e) A rescue squad;
(f) An emergency management agency if it is a publicly owned vehicle;
(g) A licensed[An] ambulance service, mobile integrated healthcare program, or medical first response
provider licensed by the Kentucky Board of Emergency Medical Services, for any vehicle used to
respond to emergencies or to transport a patient with a critical medical condition;
(h) Any vehicle commandeered by a police officer;
(i) Any vehicle with the emergency lights required under KRS 189.920 used by a paid or volunteer fireman
or paid or volunteer ambulance personnel, or a paid or local emergency management director while
responding to an emergency or to a location where an emergency vehicle is on emergency call;
(j) An elected coroner granted permission to equip a publicly or privately owned motor vehicle with lights
and siren pursuant to KRS 189.920;
(k) A deputy coroner granted permission to equip a publicly or privately owned motor vehicle with lights
and siren pursuant to KRS 189.920;[ or]
(l) Any vehicle used by an organ procurement organization while transporting a human organ or tissue
for the purpose of organ recovery or transplantation in an emergency situation involving an
imminent health risk; or
(m) A conservation officer of the Kentucky Department of Fish and Wildlife Resources.
(2) As used in KRS 189.920 to 189.950, "public safety vehicle" means public utility repair vehicle; wreckers;
state, county, or municipal service vehicles and equipment; highway equipment which performs work that
requires stopping and standing or moving at slow speeds within the traveled portions of highways; and
vehicles which are escorting wide-load or slow-moving trailers or trucks.
Section 12. KRS 189.940 is amended to read as follows:
(1) Except as provided in KRS 189.920, the speed limitations set forth in the Kentucky Revised Statutes do not
apply to[ emergency vehicles]:
(a) 1. Emergency vehicles when responding to emergency calls;[ or]
2.[(b)] [To ]Police vehicles when in pursuit of an actual or suspected violator of the law; [or]
3.[(c)] [To ]Ambulances when transporting a patient to medical care facilities; or
4. Any vehicle used by an organ procurement organization while transporting a human organ or
tissue for the purpose of organ recovery or transplantation in an emergency situation
involving an imminent health risk; and ACTS OF THE GENERAL ASSEMBLY 16
(b)[(d)] Emergency vehicles when the driver thereof is giving the warning required by subsection (5)(a)
and (b) of this section.
No portion of this subsection shall be construed to relieve the driver of the duty to operate the vehicle with due
regard for the safety of all persons using the street or highway.
(2) The driver of an emergency vehicle, when responding to an emergency call, or of a police vehicle in pursuit of
an actual or suspected violator of the law, or of an ambulance transporting a patient to a medical care facility
and giving the warning required by subsection (5) of this section, upon approaching any red light or stop signal
or any stop sign shall slow down as necessary for safety to traffic, but may proceed past such red or stop light
or stop sign with due regard for the safety of persons using the street or highway.
(3) The driver of an emergency vehicle, when responding to an emergency call, or of a police vehicle in pursuit of
an actual or suspected violator of the law, or of an ambulance transporting a patient to a medical care facility,
or a vehicle used by an organ procurement organization transporting a human organ or tissue, and giving
warning required by subsection (5) of this section, may drive on the left side of any highway or in the opposite
direction of a one-way street provided the normal lanes of traffic are blocked and he does so with due regard
for the safety of all persons using the street or highway.
(4) The driver of an emergency or public safety vehicle may stop or park his vehicle upon any street or highway
without regard to the provisions of KRS 189.390 and 189.450, provided that, during the time the vehicle is
parked at the scene of an emergency, at least one (1) warning light is in operation at all times.
(5) The driver of an emergency vehicle desiring the use of any option granted by subsections (1) through (3) of
this section shall give warning in the following manner:
(a) By illuminating the vehicle's warning lights continuously during the period of the emergency; and
(b) By continuous sounding of the vehicle's siren, bell, or exhaust whistle; unless
(c) The vehicle is an ambulance and the driver is of the opinion that sounding of the siren, bell, or exhaust
whistle would be detrimental to the victim's health. In the event the driver of an ambulance elects not to
use the siren, bell, or exhaust whistle he shall not proceed past red lights or drive in the opposite
direction on a one-way street or in oncoming lanes of traffic unless no other vehicles are within five
hundred (500) feet of the front of the ambulance. The driver shall not extinguish the warning lights
during the period of the emergency.
(6) No driver or operator of any emergency or public safety or other vehicle shall use the warning lights or siren,
bell, or exhaust whistle of his vehicle for any purposes or under any circumstances other than those permitted
by KRS 189.910 to 189.950.
(7) KRS 189.910 to 189.950 does not relieve the driver of any emergency or public safety vehicle from the duty to
drive with due regard for the safety of all persons and property upon the highway.
Section 13. KRS 324B.030 is amended to read as follows:
(1) The Department of Professional Licensing in the Public Protection Cabinet shall provide administrative
services, technical assistance, and advice to the following boards and commissions at the request of the
individual boards or commissions, all of which maintain their identity and their full authority for making
policy decisions in the fields that they regulate: the State Board of Accountancy, the Kentucky Board of
Architects, the Kentucky Board of Barbering, the Kentucky Board of Cosmetology, the State Board of
Podiatry, the Kentucky State Board of Chiropractic Examiners, the Kentucky Board of Dentistry, the State
Board of Embalmers and Funeral Directors, the State Board of Registration for Professional Engineers and
Land Surveyors, the Kentucky Board of Nursing, the Kentucky Board of Ophthalmic Dispensers, the
Kentucky Board of Optometric Examiners, the Kentucky Board of Pharmacy, the State Board of Physical
Therapy, the State Board of Examiners of Psychologists, the Kentucky Real Estate Commission, the Kentucky
Board of Veterinary Examiners, the Board of Auctioneers, the Kentucky Board of Landscape Architects, the
State Board of Medical Licensure, the Board of Speech-Language Pathology and Audiology, the Kentucky
Board of Licensure for Nursing Home Administrators, the Kentucky Licensing Board for Specialists in
Hearing Instruments, the Kentucky Board of Social Work, the Kentucky Board of Emergency Medical
Services, and any other boards and commissions that are created to license, certify, register, or otherwise
regulate any occupational or professional category. CHAPTER 126
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(2) The department may also provide administrative services to a board or commission that is created to license,
certify, register, or otherwise regulate any occupational or professional category if these administrative
services are deemed to be preferable or required after the review process conducted under KRS 324B.040.
(3) To the extent that the department provides administrative services, the respective boards and commissions are
relieved of the power and duty to provide the services for themselves. The department shall charge each board
or commission a reasonable amount for administrative services provided pursuant to subsection (1) of this
section. The department may employ persons previously employed by boards or commissions.
(4) The department may receive complaints against the conduct of licensees granted licensure by the boards and
commissions assigned to the department for administrative purposes. The department shall cause these
complaints to be reduced to writing and forwarded to the appropriate board or commission for investigation
and a determination of the validity of the complaint. The department shall keep a record of all complaints
received by it and forwarded to a board or commission.
(5) Any board or commission listed in subsection (1) of this section, shall accept personal checks in payment of
license renewal fees.
SECTION 14. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:
(1) Except for personnel under subsection (2) of this section, personnel employed by the Kentucky Board of
Emergency Medical Services under the Kentucky Community and Technical College System shall be
transferred to the Kentucky Board of Emergency Medical Services in the KRS Chapter 18A personnel
system along with the funding associated with those employees.
(2) (a) Personnel employed by the Kentucky Board of Emergency Medical Services under the Kentucky
Community and Technical College System who participate in a defined contribution plan that meets
the requirements of 26 U.S.C. sec. 403(b) for employees of the Kentucky Community and Technical
College System may choose to remain in their present employment and be assigned to the board to
continue providing these services or become an employee of the board under the KRS Chapter 18A
personnel system.
(b) An employee shall make his or her choice under paragraph (a) of this subsection within thirty (30)
days following the effective date of this Act and shall have access to counseling by representatives of
the KRS Chapter 18A personnel system, the Kentucky Community and Technical College System,
and applicable retirement systems concerning the effect the choice of employment would have on the
employee. If an employee does not make a choice within thirty (30) days following the effective date
of this Act, that employee shall be deemed to have chosen to exercise the option to become an
employee of the board under the KRS Chapter 18A personnel system.
(3) Employees transferred pursuant to subsections (1) and (2) of this section shall retain:
(a) Their salaries and leave time balances accumulated as of the transfer date;
(b) For purposes of determining leave time accumulation, the date of initial employment with a state
agency or a postsecondary educational institution, whichever is earlier; and
(c) For purposes of calculating retirement and retiree health benefits and contributions, the earlier of
the date of initial participation or membership date, in:
1. A state-administered retirement system if the employee has participated or is participating in
the Kentucky Employees Retirement System; or
2. A defined contribution plan that meets requirements of 26 U.S.C. sec. 403(b) for employees of
the Kentucky Community and Technical College System.
Nothing in this paragraph shall be construed to provide additional service credit for the employee
prior to the transfer date other than what has been credited to the appropriate retirement system.
(4) All existing state general fund moneys appropriated to the board, all federal funds, all moneys collected by
the board, all equipment owned by the board, and instructional supplies, equipment, funds, and records of
the Kentucky Community and Technical College System associated with the Kentucky Board of Emergency
Medical Services shall be transferred to the Kentucky Board of Emergency Medical Services in the KRS
Chapter 18A personnel system along with all financial and management oversight responsibility and
liability. ACTS OF THE GENERAL ASSEMBLY 18
Section 15. KRS 61.510 is amended to read as follows:
As used in KRS 61.510 to 61.705, unless the context otherwise requires:
(1) "System" means the Kentucky Employees Retirement System created by KRS 61.510 to 61.705;
(2) "Board" means the board of trustees of the system as provided in KRS 61.645;
(3) "Department" means any state department or board or agency participating in the system in accordance with
appropriate executive order, as provided in KRS 61.520. For purposes of KRS 61.510 to 61.705, the members,
officers, and employees of the General Assembly and any other body, entity, or instrumentality designated by
executive order by the Governor, shall be deemed to be a department, notwithstanding whether said body,
entity, or instrumentality is an integral part of state government;
(4) "Examiner" means the medical examiners as provided in KRS 61.665;
(5) "Employee" means the members, officers, and employees of the General Assembly and every regular full-
time, appointed or elective officer or employee of a participating department, including the Department of
Military Affairs. The term does not include persons engaged as independent contractors, seasonal, emergency,
temporary, interim, and part-time workers. In case of any doubt, the board shall determine if a person is an
employee within the meaning of KRS 61.510 to 61.705;
(6) "Employer" means a department or any authority of a department having the power to appoint or select an
employee in the department, including the Senate and the House of Representatives, or any other entity, the
employees of which are eligible for membership in the system pursuant to KRS 61.525;
(7) "State" means the Commonwealth of Kentucky;
(8) "Member" means any employee who is included in the membership of the system or any former employee
whose membership has not been terminated under KRS 61.535;
(9) "Service" means the total of current service and prior service as defined in this section;
(10) "Current service" means the number of years and months of employment as an employee, on and after July 1,
1956, except that for members, officers, and employees of the General Assembly this date shall be January 1,
1960, for which creditable compensation is paid and employee contributions deducted, except as otherwise
provided, and each member, officer, and employee of the General Assembly shall be credited with a month of
current service for each month he serves in the position;
(11) "Prior service" means the number of years and completed months, expressed as a fraction of a year, of
employment as an employee, prior to July 1, 1956, for which creditable compensation was paid; except that for
members, officers, and employees of the General Assembly, this date shall be January 1, 1960. An employee
shall be credited with one (1) month of prior service only in those months he received compensation for at
least one hundred (100) hours of work; provided, however, that each member, officer, and employee of the
General Assembly shall be credited with a month of prior service for each month he served in the position
prior to January 1, 1960. Twelve (12) months of current service in the system are required to validate prior
service;
(12) "Accumulated contributions" at any time means the sum of all amounts deducted from the compensation of a
member and credited to his individual account in the members' account, including employee contributions
picked up after August 1, 1982, pursuant to KRS 61.560(4), together with interest credited, on such amounts
and any other amounts the member shall have contributed thereto, including interest credited thereon. For
members who begin participating on or after September 1, 2008, "accumulated contributions" shall not include
employee contributions that are deposited into accounts established pursuant to 26 U.S.C. sec. 401(h) within
the funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b);
(13) "Creditable compensation":
(a) Means all salary, wages, tips to the extent the tips are reported for income tax purposes, and fees,
including payments for compensatory time, paid to the employee as a result of services performed for
the employer or for time during which the member is on paid leave, which are includable on the
member's federal form W-2 wage and tax statement under the heading "wages, tips, other
compensation," including employee contributions picked up after August 1, 1982, pursuant to KRS
61.560(4). For members of the General Assembly, it shall mean all amounts which are includable on the
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compensation," including employee contributions picked up after August 1, 1982, pursuant to KRS
6.505(4) or 61.560(4);
(b) Includes:
1. Lump-sum bonuses, severance pay, or employer-provided payments for purchase of service
credit, which shall be averaged over the employee's total service with the system in which it is
recorded if it is equal to or greater than one thousand dollars ($1,000);
2. Cases where compensation includes maintenance and other perquisites, but the board shall fix
the value of that part of the compensation not paid in money;
3. Lump-sum payments for creditable compensation paid as a result of an order of a court of
competent jurisdiction, the Personnel Board, or the Commission on Human Rights, or for any
creditable compensation paid in anticipation of settlement of an action before a court of
competent jurisdiction, the Personnel Board, or the Commission on Human Rights, including
notices of violations of state or federal wage and hour statutes or violations of state or federal
discrimination statutes, which shall be credited to the fiscal year during which the wages were
earned or should have been paid by the employer. This subparagraph shall also include lump-
sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period
during which the wages were earned or should have been paid by the employer;
4. Amounts which are not includable in the member's gross income by virtue of the member having
taken a voluntary salary reduction provided for under applicable provisions of the Internal
Revenue Code; and
5. Elective amounts for qualified transportation fringes paid or made available on or after January
1, 2001, for calendar years on or after January 1, 2001, that are not includable in the gross
income of the employee by reason of 26 U.S.C. sec. 132(f)(4); and
(c) Excludes:
1. Living allowances, expense reimbursements, lump-sum payments for accrued vacation leave,
and other items determined by the board;
2. For employees who begin participating on or after September 1, 2008, lump-sum payments for
compensatory time;
3. For employees who begin participating on or after August 1, 2016, nominal fees paid for services
as a volunteer; and
4. Any salary or wages paid to an employee for services as a Kentucky State Police school resource
officer as defined by KRS 158.441;
(14) "Final compensation" of a member means:
(a) For a member who begins participating before September 1, 2008, who is employed in a nonhazardous
position, the creditable compensation of the member during the five (5) fiscal years he or she was paid
at the highest average monthly rate divided by the number of months of service credit during that five
(5) year period multiplied by twelve (12). The five (5) years may be fractional and need not be
consecutive. If the number of months of service credit during the five (5) year period is less than forty-
eight (48), one (1) or more additional fiscal years shall be used;
(b) For a member who is employed in a nonhazardous position, whose effective retirement date is between
August 1, 2001, and January 1, 2009, and whose total service credit is at least twenty-seven (27) years
and whose age and years of service total at least seventy-five (75), final compensation means the
creditable compensation of the member during the three (3) fiscal years the member was paid at the
highest average monthly rate divided by the number of months of service credit during that three (3)
years period multiplied by twelve (12). The three (3) years may be fractional and need not be
consecutive. If the number of months of service credit during the three (3) year period is less than
twenty-four (24), one (1) or more additional fiscal years shall be used. Notwithstanding the provision of
KRS 61.565, the funding for this paragraph shall be provided from existing funds of the retirement
allowance; ACTS OF THE GENERAL ASSEMBLY 20
(c) For a member who begins participating before September 1, 2008, who is employed in a hazardous
position, as provided in KRS 61.592, the creditable compensation of the member during the three (3)
fiscal years he or she was paid at the highest average monthly rate divided by the number of months of
service credit during that three (3) year period multiplied by twelve (12). The three (3) years may be
fractional and need not be consecutive. If the number of months of service credit during the three (3)
year period is less than twenty-four (24), one (1) or more additional fiscal years shall be used;
(d) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014,
who is employed in a nonhazardous position, the creditable compensation of the member during the
five (5) complete fiscal years immediately preceding retirement divided by five (5). Each fiscal year
used to determine final compensation must contain twelve (12) months of service credit. If the member
does not have five (5) complete fiscal years that each contain twelve (12) months of service credit, then
one (1) or more additional fiscal years, which may contain less than twelve (12) months of service
credit, shall be added until the number of months in the final compensation calculation is at least sixty
(60) months; or
(e) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014,
who is employed in a hazardous position as provided in KRS 61.592, the creditable compensation of the
member during the three (3) complete fiscal years he or she was paid at the highest average monthly
rate divided by three (3). Each fiscal year used to determine final compensation must contain twelve
(12) months of service credit. If the member does not have three (3) complete fiscal years that each
contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may
contain less than twelve (12) months of service credit, shall be added until the number of months in the
final compensation calculation is at least thirty-six (36) months;
(15) "Final rate of pay" means the actual rate upon which earnings of an employee were calculated during the
twelve (12) month period immediately preceding the member's effective retirement date, including employee
contributions picked up after August 1, 1982, pursuant to KRS 61.560(4). The rate shall be certified to the
system by the employer and the following equivalents shall be used to convert the rate to an annual rate: two
thousand eighty (2,080) hours for eight (8) hour workdays, nineteen hundred fifty (1,950) hours for seven and
one-half (7-1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, one
(1) year;
(16) "Retirement allowance" means the retirement payments to which a member is entitled;
(17) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of the actuarial tables
that are adopted by the board. In cases of disability retirement, the options authorized by KRS 61.635 shall be
computed by adding ten (10) years to the age of the member, unless the member has chosen the Social
Security adjustment option as provided for in KRS 61.635(8), in which case the member's actual age shall be
used. For members who began participating in the system prior to January 1, 2014, no disability retirement
option shall be less than the same option computed under early retirement;
(18) "Normal retirement date" means the sixty-fifth birthday of a member, unless otherwise provided in KRS
61.510 to 61.705;
(19) "Fiscal year" of the system means the twelve (12) months from July 1 through the following June 30, which
shall also be the plan year. The "fiscal year" shall be the limitation year used to determine contribution and
benefit limits as established by 26 U.S.C. sec. 415;
(20) "Officers and employees of the General Assembly" means the occupants of those positions enumerated in
KRS 6.150. The term shall also apply to assistants who were employed by the General Assembly for at least
one (1) regular legislative session prior to July 13, 2004, who elect to participate in the retirement system, and
who serve for at least six (6) regular legislative sessions. Assistants hired after July 13, 2004, shall be
designated as interim employees;
(21) "Regular full-time positions," as used in subsection (5) of this section, shall mean all positions that average
one hundred (100) or more hours per month determined by using the number of months actually worked
within a calendar or fiscal year, including all positions except:
(a) Seasonal positions, which although temporary in duration, are positions which coincide in duration with
a particular season or seasons of the year and which may recur regularly from year to year, the period of
time shall not exceed nine (9) months; CHAPTER 126
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(b) Emergency positions which are positions which do not exceed thirty (30) working days and are
nonrenewable;
(c) Temporary positions which are positions of employment with a participating department for a period of
time not to exceed nine (9) months and are nonrenewable;
(d) Part-time positions which are positions which may be permanent in duration, but which require less
than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by
using the number of months actually worked within a calendar or fiscal year, in the performance of
duty; and
(e) Interim positions which are positions established for a one-time or recurring need not to exceed nine (9)
months;
(22) "Vested" for purposes of determining eligibility for purchasing service credit under KRS 61.552 means the
employee has at least forty-eight (48) months of service if age sixty-five (65) or older or at least sixty (60)
months of service if under the age of sixty-five (65). For purposes of this subsection, "service" means service
in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System;
(23) "Parted employer" means a department, portion of a department, board, or agency, such as Outwood Hospital
and School, which previously participated in the system, but due to lease or other contractual arrangement is
now operated by a publicly held corporation or other similar organization, and therefore is no longer
participating in the system. The term "parted employer" shall not include a department, board, or agency that
ceased participation in the system pursuant to KRS 61.522;
(24) "Retired member" means any former member receiving a retirement allowance or any former member who has
filed the necessary documents for retirement benefits and is no longer contributing to the retirement system;
(25) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, monthly, or yearly rate of
pay converted to an annual rate as defined in final rate of pay. The rate shall be certified by the employer;
(26) "Beneficiary" means the person or persons or estate or trust or trustee designated by the member in accordance
with KRS 61.542 or 61.705 to receive any available benefits in the event of the member's death. As used in
KRS 61.702, "beneficiary" does not mean an estate, trust, or trustee;
(27) "Recipient" means the retired member or the person or persons designated as beneficiary by the member and
drawing a retirement allowance as a result of the member's death or a dependent child drawing a retirement
allowance. An alternate payee of a qualified domestic relations order shall not be considered a recipient,
except for purposes of KRS 61.623;
(28) "Level percentage of payroll amortization method" means a method of determining the annual amortization
payment on the unfunded actuarial accrued liability as expressed as a percentage of payroll over a set period of
years but that may be converted to a dollar value for purposes of KRS 61.565(1)(d). Under this method, the
percentage of payroll shall be projected to remain constant for all years remaining in the set period of time and
the unfunded actuarially accrued liability shall be projected to be fully amortized at the conclusion of the set
period of years;
(29) "Increment" means twelve (12) months of service credit which are purchased. The twelve (12) months need
not be consecutive. The final increment may be less than twelve (12) months;
(30) "Person" means a natural person;
(31) "Retirement office" means the Kentucky Public Pensions Authority's office building in Frankfort, unless
otherwise designated by the Kentucky Public Pensions Authority;
(32) "Last day of paid employment" means the last date employer and employee contributions are required to be
reported in accordance with KRS 16.543, 61.543, or 78.615 to the retirement office in order for the employee
to receive current service credit for the month. Last day of paid employment does not mean a date the
employee receives payment for accrued leave, whether by lump sum or otherwise, if that date occurs twenty-
four (24) or more months after previous contributions;
(33) "Objective medical evidence" means reports of examinations or treatments; medical signs which are
anatomical, physiological, or psychological abnormalities that can be observed; psychiatric signs which are
medically demonstrable phenomena indicating specific abnormalities of behavior, affect, thought, memory,
orientation, or contact with reality; or laboratory findings which are anatomical, physiological, or ACTS OF THE GENERAL ASSEMBLY 22
psychological phenomena that can be shown by medically acceptable laboratory diagnostic techniques,
including but not limited to chemical tests, electrocardiograms, electroencephalograms, X-rays, and
psychological tests;
(34) "Participating" means an employee is currently earning service credit in the system as provided in KRS
61.543;
(35) "Month" means a calendar month;
(36) "Membership date" means:
(a) The date upon which the member began participating in the system as provided in KRS 61.543; or
(b) For a member electing to participate in the system pursuant to KRS 196.167(4) or subsection (2) of
Section 14 of this Act who has not previously participated in the system or the Kentucky Teachers'
Retirement System, the date the member began participating in a defined contribution plan that meets
the requirements of 26 U.S.C. sec. 403(b);
(37) "Participant" means a member, as defined by subsection (8) of this section, or a retired member, as defined by
subsection (24) of this section;
(38) "Qualified domestic relations order" means any judgment, decree, or order, including approval of a property
settlement agreement, that:
(a) Is issued by a court or administrative agency; and
(b) Relates to the provision of child support, alimony payments, or marital property rights to an alternate
payee;
(39) "Alternate payee" means a spouse, former spouse, child, or other dependent of a participant, who is designated
to be paid retirement benefits in a qualified domestic relations order;
(40) "Accumulated employer credit" mean the employer pay credit deposited to the member's account and interest
credited on such amounts as provided by KRS 16.583 and 61.597;
(41) "Accumulated account balance" means:
(a) For members who began participating in the system prior to January 1, 2014, the member's accumulated
contributions; or
(b) For members who began participating in the system on or after January 1, 2014, in the hybrid cash
balance plan as provided by KRS 16.583 and 61.597, the combined sum of the member's accumulated
contributions and the member's accumulated employer credit;
(42) "Volunteer" means an individual who:
(a) Freely and without pressure or coercion performs hours of service for an employer participating in one
(1) of the systems administered by Kentucky Retirement Systems without receipt of compensation for
services rendered, except for reimbursement of actual expenses, payment of a nominal fee to offset the
costs of performing the voluntary services, or both; and
(b) If a retired member, does not become an employee, leased employee, or independent contractor of the
employer for which he or she is performing volunteer services for a period of at least twelve (12)
months following the retired member's most recent retirement date;
(43) "Nominal fee" means compensation earned for services as a volunteer that does not exceed five hundred
dollars ($500) per month. Compensation earned for services as a volunteer from more than one (1)
participating employer during a month shall be aggregated to determine whether the compensation exceeds the
five hundred dollars ($500) per month maximum provided by this subsection;
(44) "Nonhazardous position" means a position that does not meet the requirements of KRS 61.592 or has not been
approved by the board as a hazardous position;
(45) "Monthly average pay" means:
(a) In the case of a member who dies as a direct result of an act in line of duty as defined in KRS 16.505 or
who dies as a result of a duty-related injury as defined in KRS 61.621, the higher of the member's
monthly final rate of pay or the average monthly creditable compensation earned by the deceased
member during his or her last twelve (12) months of employment; or CHAPTER 126
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(b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line
of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in
KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's
monthly final rate of pay or the average monthly creditable compensation earned by the disabled
member during his or her last twelve (12) months of employment prior to the date the act in line of duty
or duty-related injury occurred;
(46) "Authority" means the Kentucky Public Pensions Authority as provided by KRS 61.505; and
(47) "Executive director" means the executive director of the Kentucky Public Pensions Authority.
Section 16. KRS 205.590 is amended to read as follows:
(1) The following technical advisory committees shall be established for the purpose of acting in an advisory
capacity to the Advisory Council for Medical Assistance with respect to the administration of the medical
assistance program and in performing the function of peer review:
(a) A Technical Advisory Committee on Physician Services consisting of five (5) physicians appointed by
the council of the Kentucky State Medical Association;
(b) A Technical Advisory Committee on Hospital Care consisting of five (5) hospital administrators
appointed by the board of trustees of the Kentucky Hospital Association;
(c) A Technical Advisory Committee on Dental Care consisting of five (5) dentists appointed by the
Kentucky Dental Association;
(d) A Technical Advisory Committee on Nursing Service consisting of five (5) nurses appointed by the
board of directors of the Kentucky State Association of Registered Nurses;
(e) A Technical Advisory Committee on Nursing Home Care consisting of six (6) members of which five
(5) members shall be appointed by the Kentucky Association of Health Care Facilities, and one (1)
member shall be appointed by the Kentucky Association of Nonprofit Homes and Services for the
Aging, Inc.;
(f) A Technical Advisory Committee on Optometric Care consisting of five (5) members appointed by the
Kentucky Optometric Association;
(g) A Technical Advisory Committee on Podiatric Care consisting of five (5) podiatrists appointed by the
Kentucky Podiatry Association;
(h) A Technical Advisory Committee on Primary Care consisting of five (5) primary care providers, two
(2) of whom shall represent licensed health maintenance organizations, appointed by the Governor,
until such time as an association of primary care providers is established, whereafter the association
shall appoint the members;
(i) A Technical Advisory Committee on Home Health Care consisting of five (5) members appointed by
the board of directors of the Kentucky Home Health Association;
(j) A Technical Advisory Committee on Consumer Rights and Client Needs consisting of seven (7)
members, with one (1) member to be appointed by each of the following organizations: the American
Association of Retired Persons Kentucky, the Family Resource Youth Services Coalition of Kentucky,
the Kentucky Association of Community Health Workers, the Kentucky Legal Services Corporation,
the Arc of Kentucky, the Department of Public Advocacy, and the National Association of Social
Workers-Kentucky Chapter;
(k) A Technical Advisory Committee on Behavioral Health consisting of seven (7) members, with one (1)
member to be appointed by each of the following organizations: the Kentucky Mental Health Coalition,
the Kentucky Association of Regional Programs, the National Alliance on Mental Illness (NAMI)
Kentucky, a statewide mental health consumer organization, the People Advocating Recovery (PAR),
the Brain Injury Association of America-Kentucky Chapter, and the Kentucky Brain Injury Alliance;
(l) A Technical Advisory Committee on Children's Health consisting of ten (10) members, with one (1)
member to be appointed by each of the following organizations: the Kentucky Chapter of the American
Academy of Pediatrics, the Kentucky PTA, the Kentucky Psychological Association, the Kentucky
School Nurses Association, the Kentucky Association for Early Childhood Education, the Family
Resource and Youth Services Coalition of Kentucky, the Kentucky Youth Advocates, the Kentucky ACTS OF THE GENERAL ASSEMBLY 24
Association of Hospice and Palliative Care, a parent of a child enrolled in Medicaid or the Kentucky
Children's Health Insurance Program appointed by the Kentucky Head Start Association, and a pediatric
dentist appointed by the Kentucky Dental Association;
(m) A Technical Advisory Committee on Intellectual and Developmental Disabilities consisting of nine (9)
members, one (1) of whom shall be a consumer who participates in a nonresidential community
Medicaid waiver program, one (1) of whom shall be a consumer who participates in a residential
community Medicaid waiver program, one (1) of whom shall be a consumer representative of a family
member who participates in a community Medicaid waiver program, and one (1) of whom shall be a
consumer representative of a family member who resides in an ICF/ID facility that accepts Medicaid
payments, all of whom shall be appointed by the Governor; one (1) member shall be appointed by the
Arc of Kentucky; one (1) member shall be appointed by the Commonwealth Council on Developmental
Disabilities; one (1) member shall be appointed by the Kentucky Association of Homes and Services for
the Aging; and two (2) members shall be appointed by the Kentucky Association of Private Providers,
one (1) of whom shall be a nonprofit provider and one (1) of whom shall be a for-profit provider;
(n) A Technical Advisory Committee on Therapy Services consisting of six (6) members, two (2) of whom
shall be occupational therapists and shall be appointed by the Kentucky Occupational Therapists
Association, two (2) of whom shall be physical therapists and shall be appointed by the Kentucky
Physical Therapy Association, and two (2) of whom shall be speech therapists and shall be appointed by
the Kentucky Speech-Language-Hearing Association;
(o) A Technical Advisory Committee on Pharmacy consisting of seven (7) members, two (2) of whom shall
be Kentucky licensed pharmacists who own fewer than ten (10) pharmacies in the Commonwealth and
shall be appointed by the Kentucky Independent Pharmacy Alliance, two (2) of whom shall be
Kentucky licensed pharmacists and shall be appointed by the Kentucky Pharmacy Association, and one
(1) member to be appointed by each of the following organizations: the Kentucky Hospital Association,
the Kentucky Primary Care Association, and the National Association of Chain Drug Stores; [and]
(p) A Technical Advisory Committee on Persons Returning to Society from Incarceration consisting of
twelve (12) members of whom:
1. One (1) shall be appointed by each of the following organizations: the Kentucky Jailers
Association, the Kentucky Medical Association, the Kentucky Association of Nurse Practitioners
and Nurse-Midwives, Community Action of Kentucky, the Homeless and Housing Coalition of
Kentucky, the Kentucky Office of Drug Control Policy, a Kentucky civil legal aid program, the
Kentucky Department of Corrections, the Kentucky Department of Public Advocacy, the
Kentucky Association of Regional Programs, and the Kentucky Administrative Office of the
Courts; and
2. One (1) formerly incarcerated individual who is a current or former Medicaid recipient shall be
appointed by Mental Health America of Kentucky; and
(q) A Technical Advisory Committee on Emergency Medical Services consisting of seven (7) members,
one (1) of whom shall represent the air medical industry and shall be appointed by the Kentucky
Chapter of the Association of Air Medical Services; one (1) of whom shall be appointed by the
Kentucky Board of Emergency Medical Services; two (2) of whom shall represent the emergency
medical services billing industry and shall be members of and appointed by the Kentucky Ambulance
Providers Association; two (2) of whom shall represent ground ambulance providers and shall be
appointed by the Kentucky Ambulance Providers Association; and one (1) of whom shall represent a
fire-based emergency medical service and shall be appointed by the Kentucky Association of Fire
Chiefs. All members appointed to this committee shall represent emergency medical services
providers that operate in Kentucky and shall have experience in interpreting, implementing, or
ensuring compliance with Medicaid regulations.
(2) The members of the technical advisory committees shall serve until their successors are appointed and
qualified.
(3) Each appointive member of a committee shall serve without compensation but shall be entitled to
reimbursement for actual and necessary expenses in carrying out their duties with reimbursement for expenses
being made in accordance with state regulations relating to travel reimbursement.
Section 17. Each appointed member of the Kentucky Board of Emergency Medical Services established in
Section 1 of this Act shall hold office for a term of four years and until their successors are appointed, except that the CHAPTER 126
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members appointed to fill the first vacancy occurring for a term beginning on the effective date of this Act shall be as
follows: Two members shall be appointed for one year, two for two years, four for three years, and four for four
years, and the respective terms of the first members shall be designated by the Governor at the time of their
appointments. Upon the expiration of the respective terms of the members first appointed, the term of each successor
shall be for four years and until his or her successor is appointed.
Section 18. The transfer of the Kentucky Board of Emergency Medical Services under the Kentucky
Community and Technical College System to the Kentucky Board of Emergency Medical Services in the KRS
Chapter 18A system as required in Section 14 of this Act shall begin on the effective date of this Act and be
completed by September 1, 2022.
Section 19. Any person serving on the Kentucky Board of Emergency Medical Services in a position
eliminated on the effective date of this Act whose term has not expired prior to the effective date of this Act may
continue to serve in a nonvoting ex officio capacity until the expiration of his or her term.
Section 20. The Kentucky Board of Emergency Medical Services shall establish a special committee to:
(1) Identify core problems affecting emergency medical services and medical transportation;
(2) Review the response times of ambulances and other medical transportation providers;
(3) Identify specific recommendations to improve services to patients in need of physical or behavioral
health services;
(4) Review and recommend changes to current licensing processes to improve existing operating systems;
(5) Identify core problems affecting the education and training programs for emergency medical services
providers including but not limited to emergency medical technicians and paramedics;
(6) Review the existing administrative regulations related to the licensing of ambulances and ambulance
providers and data collection;
(7) Make recommendations to the board for amending, promulgating, or repealing administrative
regulations; and
(8) Submit findings and recommendations for action by the General Assembly by December 1, 2022, to the
General Assembly and the Interim Joint Committee on Health, Welfare, and Family Services.
Section 21. The Kentucky Board of Emergency Medical Services is authorized to promulgate any
administrative regulations needed to implement this Act as emergency administrative regulations, accompanied by
ordinary administrative regulations.
Section 22. The Cabinet for Health and Family Services is authorized to promulgate any administrative
regulations needed to implement this Act as emergency administrative regulations, accompanied by ordinary
administrative regulations.
Section 23. The Legislative Research Commission shall establish the Emergency Medical Services Task
Force to study the provision of emergency medical services in Kentucky.
(1) The duties of the task force shall include but are not limited to a thorough review of:
(a) The need, or lack thereof, for the certificate of need process for ambulance services;
(b) All statutes and administrative regulations governing emergency medical services, including ambulance
providers and emergency medical services personnel, to ensure there is quality service delivery;
(c) Emergency medical services vehicle specifications for adequacy and safety to facilitate good patient
care;
(d) Guidelines and standards to assist emergency medical services personnel, ambulance providers, and
physicians with medical oversight;
(e) Administrative regulations affecting the training of pre-hospital care providers including guidelines for
each level of certification and licensure, standardized education and testing curricula, continuing education
requirements, and monitoring of emergency medical services training programs for quality assurance;
(f) Strategies for recruitment and retention of the emergency medical services workforce; ACTS OF THE GENERAL ASSEMBLY 26
(g) Improvements for the delivery of services to patients in need of physical or behavioral health services;
and
(h) Other issues relating to emergency medical services and medical transportation as deemed necessary by
the task force.
(2) The Emergency Medical Services Task Force shall be composed of the following members with final
membership of the task force being subject to the consideration and approval of the Legislative Research
Commission:
(a) Two members of the House of Representatives appointed by the Speaker of the House of
Representatives, one of whom shall be designated by the Speaker of the House of Representatives as a co-chair of the
task force;
(b) One member of the House of Representatives appointed by the Minority Floor Leader of the House of
Representatives;
(c) Two members of the Senate appointed by the President of the Senate, one of whom shall be designated
by the President of the Senate as a co-chair of the task force;
(d) One member of the Senate appointed by the Minority Floor Leader of the Senate;
(e) The secretary of the Cabinet for Health and Family Services, or his or her designee;
(f) The inspector general of the Cabinet for Health and Family Services, or his or her designee;
(g) The chair of the Kentucky Board of Emergency Medical Services or his or her designee;
(h) The medical advisor for the Kentucky Board of Emergency Medical Services or his or her designee;
(i) One representative recommended by the Kentucky Ambulance Providers Association and approved by
the Legislative Research Commission;
(j) One mayor of a city that operates, either directly or through contract services, a licensed Class I ground
ambulance provider, recommended by the Kentucky League of Cities and approved by the Legislative Research
Commission;
(k) One county judge/executive from a county that operates, whether directly or through contract services,
a licensed Class I ground ambulance provider, recommended by the Kentucky Association of Counties and approved
by the Legislative Research Commission;
(l) One representative recommended by the Kentucky Association of Fire Chiefs and approved by the
Legislative Research Commission;
(m) Two representatives recommended by the Kentucky Hospital Association, with one representing an
urban hospital and one representing a rural hospital and approved by the Legislative Research Commission;
(n) One licensed long-term care facility administrator recommended by the Kentucky Association of Health
Care Facilities/Kentucky Center for Assisted Living or LeadingAge Kentucky and approved by the Legislative
Research Commission;
(o) One licensed or certified behavioral health provider recommended by the Kentucky Mental Health
Coalition and approved by the Legislative Research Commission;
(p) One representative recommended by the Kentucky Professional Fire Fighters and approved by the
Legislative Research Commission; and
(q) One representative recommended by the Kentucky Emergency Medical Services Association and
approved by the Legislative Research Commission.
(3) Final membership of the task force is subject to the consideration and approval of the Legislative
Research Commission. The co-chairs of the task force may, by mutual agreement and the approval of the Legislative
Research Commission, add members to the task force as they deem necessary.
(4) The task force shall meet monthly during the 2022 Interim of the General Assembly. The task force
shall submit findings and recommendations to the Legislative Research Commission for referral to the appropriate
committee or committees by December 1, 2022. CHAPTER 126
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(5) Provisions of this Act to the contrary notwithstanding, the Legislative Research Commission shall have
the authority to alternatively assign the issues identified herein to an interim joint committee or subcommittee
thereof, and to designate a study completion date.
Signed by Governor April 8, 2022.