Ky. Rev. Stat. § 311A.020

Current through 2024 Ky. Acts ch. 225
Section 311A.020 - Powers and duties of board - Executive director and deputy executive director - Persons employed by board - Personnel committee - Proposed biennial budget
(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 complaints and ethics issues pertaining to professional certifications and licenses;
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;
(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.
(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) The chair of the board shall appoint a personnel committee. 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 and includes a recommendation for or against continued employment to be presented to the board.
(6) The board shall develop a proposed biennial budget for all administrative and operational functions and duties.

KRS 311A.020

Amended by 2022 Ky. Acts ch. 126,§ 2, eff. 7/13/2022.
Amended by 2019 Ky. Acts ch. 100,§ 3, eff. 6/26/2019.
Effective:7/12/2006
Amended 2006, Ky. Acts ch. 243, sec. 2, effective7/12/2006. -- Amended 2005, Ky. Acts ch. 99, sec. 593, effective 6/20/2005. -- Created 2002, Ky. Acts ch. 211, sec. 3, effective 7/15/2002.