KRS § 311A.050 — KY Code / Title XXVI / Chapter 311A / Section 311A.050
311A.050 Restrictions on persons and programs not licensed or certified -- Activities prohibited to persons licensed or certified -- Reporting of prohibited activities -- Penalties and disciplinary action
Status: in_force

311A.050 Restrictions on persons and programs not licensed or certified --

Activities prohibited to persons licensed or certified -- Reporting of prohibited

activities -- Penalties and disciplinary action.

(1) No person shall:

(a) Call or hold himself or herself out as or use the title of emergency medical

technician, advanced emergency medical technician, emergency medical

responder, paramedic, advanced practice paramedic, emergency medical

services educator, paramedic course coordinator, emergency medical services

medical director, mobile integrated healthcare program medical director, or

any other member of emergency medical services personnel unless licensed or

certified under the provisions of this chapter. The provisions of this paragraph

shall not apply if the board does not license or certify a person as an instructor

in a particular discipline regulated by the board;

(b) Operate or offer to operate or represent or advertise the operation of a school

or other educational program for emergency medical services personnel unless

the school or educational program has been approved and licensed under the

provisions of this chapter. The provisions of this paragraph shall not apply to

continuing education provided by a licensed ambulance service for anyone

certified or licensed by the board given by an ambulance service for its

employees or volunteers; or

(c) Knowingly employ emergency medical services personnel unless that person

is licensed or certified under the provisions of this chapter.

(2) No person licensed or certified by the board or who is an applicant for licensure or

certification by the board shall:

(a) If licensed or certified, violate any provision of this chapter or any

administrative regulation promulgated by the board;

(b) Use fraud or deceit in obtaining or attempting to obtain a license or

certification from the board, or be granted a license upon mistake of a material

fact;

(c) If licensed or certified by the board, grossly negligently or willfully act in a

manner inconsistent with the practice of the discipline for which the person is

certified or licensed;

(d) Be unfit or incompetent to practice a discipline regulated by the board by

reason of negligence or other causes;

(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the

licensee or certified person for administration, or for use of others;

(f) Falsify or fail to make essential entries on essential records;

(g) Be convicted of a misdemeanor which involved acts that bear directly on the

qualifications or ability of the applicant, licensee, or certified person to

practice the discipline for which the person is an applicant, licensee, or

certified person, if in accordance with KRS Chapter 335B;

(h) Be convicted of a misdemeanor which involved fraud, deceit, breach of trust,

or physical harm or endangerment to self or others, acts that bear directly on

the qualifications or ability of the applicant, licensee, or certificate holder to

practice acts in the license or certification held or sought, if in accordance

with KRS Chapter 335B;

(i) Be convicted of a misdemeanor offense under KRS Chapter 510 involving a

patient or be found by the board to have had sexual contact as defined in KRS

510.010(7) with a patient while the patient was under the care of the licensee

or certificate holder;

(j) Have had his or her license or credential to practice as a nurse or physician

denied, limited, suspended, probated, revoked, or otherwise disciplined in

Kentucky or in another jurisdiction on grounds sufficient to cause a license to

be denied, limited, suspended, probated, revoked, or otherwise disciplined in

this Commonwealth;

(k) Have a license or certification to practice in any activity regulated by the

board denied, limited, suspended, probated, revoked, or otherwise disciplined

in another jurisdiction on grounds sufficient to cause a license or certification

to be denied, limited, suspended, probated, revoked, or otherwise disciplined

in this Commonwealth;

(l) Violate any lawful order or directive previously entered by the board;

(m) Have been listed on the nurse aide abuse registry with a substantiated finding

of abuse, neglect, or misappropriation of property; or

(n) Be convicted of, have entered a guilty plea to, or have entered an Alford plea

to a felony offense, if in accordance with KRS Chapter 335B.

(3) It shall be unlawful for an employer of a person licensed or certified by the board

having knowledge of the facts to refrain from reporting to the board on an official

complaint form approved by the board through administrative regulation any person

licensed or certified by the board who:

(a) Has been convicted of, has entered a guilty plea to, or has entered an Alford

plea to a felony offense;

(b) Has been convicted of a misdemeanor or felony which involved acts that bear

directly on the qualifications or ability of the applicant, licensee, or certified

person to practice the discipline for which they are an applicant, licensee, or

certified person;

(c) Is reasonably suspected of fraud or deceit in procuring or attempting to

procure a license or certification from the board;

(d) Is reasonably suspected of grossly negligently or willfully acting in a manner

inconsistent with the practice of the discipline for which they are certified or

licensed;

(e) Is reasonably suspected of being unfit or incompetent to practice a discipline

regulated by the board by reason of negligence or other causes, including but

not limited to being unable to practice the discipline for which they are

licensed or certified with reasonable skill or safety;

(f) Is reasonably suspected of violating any provisions of this chapter or the

administrative regulations promulgated under this chapter;

(g) Has a license or certification to practice an activity regulated by the board

denied, limited, suspended, probated, revoked, or otherwise disciplined in

another jurisdiction on grounds sufficient to cause a license or certification to

be denied, limited, suspended, probated, revoked, or otherwise disciplined in

this Commonwealth;

(h) Is practicing an activity regulated by the board without a current active license

or certification issued by the board;

(i) Is reasonably suspected of abusing, misusing, or misappropriating any drugs

placed in the custody of the licensee or certified person for administration or

for use of others; or

(j) Is suspected of falsifying or in a grossly negligent manner making incorrect

entries or failing to make essential entries on essential records.

(4) A person who violates subsection (1)(a), (b), or (c) of this section shall be guilty of

a Class A misdemeanor for a first offense and a Class D felony for each subsequent

offense.

(5) The provisions of this section shall not preclude prosecution for the unlawful

practice of medicine, nursing, or other practice certified or licensed by an agency of

the Commonwealth.

(6) The filing of criminal charges or a criminal conviction for violation of the

provisions of this chapter or the administrative regulations promulgated thereunder

shall not preclude the office of the board from instituting or imposing board

disciplinary action authorized by this chapter against any person or organization

violating this chapter or the administrative regulations promulgated thereunder.

(7) The institution or imposition of disciplinary action by the office of the board against

any person or organization violating the provisions of this chapter or the

administrative regulations promulgated thereunder shall not preclude the filing of

criminal charges against or a criminal conviction of any person or organization for

violation of the provisions of this chapter or the administrative regulations

promulgated thereunder.