KRS § 311A.055 — KY Code / Title XXVI / Chapter 311A / Section 311A.055
311A.055 Complaint of violation of chapter -- Investigation -- Transfer of ambulance service complaints and investigations -- Notification -- Preliminary inquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual contact with patient -- Confidentiality
Status: in_force

311A.055 Complaint of violation of chapter -- Investigation -- Transfer of

ambulance service complaints and investigations -- Notification -- Preliminary

inquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual contact with

patient -- Confidentiality.

(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 KRS 311A.030 shall be conducted

by the Cabinet for Health and Family Services in accordance with KRS 216B.106.

The board shall immediately transfer all complaints submitted regarding ambulance

services licensed under KRS 311A.030 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 may have a bearing on the matter; and

(d) Contain the name, address and zip code, day and work telephone numbers,

facsimile number if appropriate, e-mail address, if available, and the nature of

the complainant's relationship to the licensee.

(4) 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) Except as provided by paragraph (b) of this subsection, upon receipt of a

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 KRS

311A.030, the executive director shall transfer the complaint to the Cabinet

for Health and Family Services, in accordance with KRS 216B.106.

(6) 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 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) The notification shall name the person or organization complained against, 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) 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) 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) 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) 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) Each proceeding to consider the imposition of a penalty that the board is authorized

to impose pursuant to this chapter shall be conducted in accordance with KRS

Chapter 13B.

(13) 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) 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) 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) 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) 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) 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) 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.

(20) 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) 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.