Title 202 | Chapter 007 | Regulation 301E
202 KAR 7:301REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
202 KAR 7:301E
This emergency amendment is necessary to address the imminent threat to public health, safety, and welfare posed by the shortage of emergency medical services personnel throughout the Commonwealth. There are not enough EMS personnel in Kentucky working for EMS services. EMS agencies throughout the Commonwealth are having difficulty maintain adequate staffing levels. During the 2024 Regular Session, House Bill 57 became law. In relevant part, the Bill amended KRS 311A.142(2) to allow the Kentucky Board of Emergency Medical Services (the “Board”) to grant reciprocal certifications and licenses to individuals certified or licensed and in good standing with another state. Prior to the House Bill 57 amendments, the Board was only authorized to grant reciprocal certifications and licenses to EMS personnel holding credentials in a state contiguous to Kentucky. Consistent with the former statute, the current version of this administrative regulation only permits reciprocity to EMTs certified in a state contiguous to Kentucky. This emergency amendment brings the administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) by making EMTs certified and in good standing in any other state eligible for a reciprocal Kentucky EMT certification. By promptly expanding reciprocity eligibility to EMTs certified and in good standing with any other state, this emergency amendment will mitigate the risks posed by the shortage of EMS personnel in the Commonwealth. An ordinary administrative regulation is not sufficient to address the imminent risk posed by the continued shortage of EMS personnel. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JOHN R. HOLDER, Chair
KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES
(Emergency Amendment)
202 KAR 7:301E.Emergency medical technician.
Section 1.
Emergency Medical Technician Student Eligibility. An individual shall be eligible to enroll as a student in an Emergency Medical Technician education and training program if the applicant:(1)
Is not currently subject to disciplinary action pursuant to KRS Chapter 311A that would prevent certification; and(2)
Meets all additional requirements established by the EMS Training and Educational Institution (EMS-TEI).Section 2.
Certification Requirements. Individuals desiring initial certification as an Emergency Medical Technician shall:(1)
Successfully complete a board approved education and training program that conforms to the curriculum of the United States Department of Transportation, National Highway Traffic Safety Administration National Emergency Medical Services Education Standards-Emergency Medical Technician Instructional Guidelines, except that the educational curriculum shall not be satisfied by the completion of refresher or transition courses alone;(2)
Meet all educational standards established by 202 KAR 7:601;(3)
Obtain certification as a NREMT-Emergency Medical Technician;(4)
Submit a completed EMT Initial Certification Application in KEMSIS;(5)
Pay the fee required for certification pursuant to 202 KAR 7:030;(6)
Undergo a background check pursuant to KRS 311A.050 and 311A.100, which shall be:(a)
National in scope for an applicant not currently certified at any level in Kentucky;(b)
Statewide in scope for an applicant with current certification in Kentucky;(c)
Less than six (6) months old when the applicant submits to the board all requirements for certification;(d)
Provided by a vendor that has been contracted through the board; and(e)
Submitted to the board by the company that conducts the background check; and(7)
Be a citizen of the United States, a permanent resident of the United States, or otherwise lawfully present in the United States, as evidenced by submission to the board of:(a)
A Social Security card;(b)
Birth certificate;(c)
A United States Citizenship and Immigration Services (U.S.C.I.S.) Permanent Resident Card (form I-551/Green Card); or(d)
Other legal authorization to live and work in the United States.Section 3.
Renewal of Certification and Continuing Education Requirements.(1)
An Emergency Medical Technician shall be eligible for certification renewal if:(a)
The applicant submits a completed EMT Certification Renewal Application in KEMSIS;(b)
The applicant maintains written evidence of:1.
HIV/AIDS training required by KRS 311A.120;2.
Pediatric Abusive Head Trauma required by KRS 311A.120; and3.
Awareness of Sexual Violence Training required by KRS 311A.120;(c)
The applicant pays the fee required for renewal pursuant to 202 KAR 7:030; and(d)
The applicant maintains evidence of:1.
Current certification by the NREMT as an Emergency Medical Technician, except that if this option is used, the board may request, through a continuing education audit, proof of continuing education to verify compliance with the requirements of this section; or2.
Successful completion of the NREMT Emergency Medical Technician National Component of the Continued Competency Program for Continuing Education, which shall be validated by entities authorized to conduct continuing education pursuant to 202 KAR 7:601.(2)
An application for certification renewal shall be denied if:(a)
Prior to the certification expiration date, the applicant has not met the applicable requirements of this section; or(b)
The applicant has been subjected to disciplinary action that prevents certification renewal at the time of application.(3)
A certified Emergency Medical Technician, in good standing, who is a member of a National Guard or a military reserve unit called to active duty by presidential order pursuant to 10 U.S.C. §§ 121 and 12304, shall be renewed according to KRS 12.355 upon submission of the Military Extension Application.(4)
The board office may audit an Emergency Medical Technician's continuing education and continuing education records. The Emergency Medical Technician shall submit the documentation requested within ten (10) business days of receipt of the board's request.(5)
If documentation of continuing education hours consistent with this administrative regulation are not received using the board-approved submission process within ten (10) business days of receipt of the board's request, the Emergency Medical Technician certification for the individual shall be summarily revoked and the individual shall reapply for certification through reinstatement if eligible.(6)
The ten (10) business days for submission shall not apply to investigations pursuant to KRS Chapter 311A.(7)
The Emergency Medical Technician shall maintain documentation of all continuing education for three (3) years from the date of completion.Section 4.
Reinstatement of Certification.(1)
An Emergency Medical Technician whose certification has lapsed may reinstate his or her certificate by submitting to the board:(a)
A completed EMT Reinstatement Certification Application in KEMSIS;(b)
Evidence of previous certification as an Emergency Medical Technician in the Commonwealth of Kentucky;(c)
Proof of current training in:1.
Pediatric Abusive Head Trauma as required by KRS 311A.120;2.
Awareness of Sexual Violence Training required by KRS 311A.120; and3.
HIV/AIDS training required by KRS 311A.120; and(d)
Payment of the fee pursuant to 202 KAR 7:030.(2)
The applicant for reinstatement of certification shall undergo a national background check provided by a vendor that has been contracted through the board.(a)
An applicant shall not directly submit a background check to meet the requirements of this section. The background check shall be submitted to the board by the company that conducts the background check.(b)
Background checks that are older than six (6) months shall not be considered current, and the applicant shall undergo another national background check prior to approval of reinstatement of certification.(3)
An applicant for reinstatement of certification shall submit to the board evidence of successful completion of the NREMT Emergency Medical Technician National Component of the Continued Competency Program for Continuing Education within twelve (12) months preceding his or her application for reinstatement of the Emergency Medical Technician.(4)
The applicant for reinstatement of certification shall bear the burden of proof of previous certification in Kentucky if the previous certification is in issue or dispute.(5)
An applicant who is ineligible for certification pursuant to KRS 311A.050 through 311A.090 shall be ineligible for reinstatement.Section 5.
Emergency Medical Technician Reciprocity.(1)
An individual who is certified in another state or by the NREMT as an Emergency Medical Technician or any member of the United States Armed Forces, or veteran who has transitioned within the past six (6) years from the United States Armed Forces, and has been registered by the National Registry as a NREMT-Emergency Medical Technician shall be eligible for reciprocity for Kentucky certification as an Emergency Medical Technician if the applicant submits:(a)
A completed EMT Reciprocity Certification Application in KEMSIS;(b)
Proof of the applicant's current unrestricted certification as a NREMT-Emergency Medical Technician or current Emergency Medical Technician certification in another state, or proof of completing a board-approved United States Armed Forces medical training course which included NREMT-Emergency Medical Technician certification; and(c)
Proof of current training in:1.
HIV/AIDS training required by KRS 311A.120;2.
Pediatric Abusive Head Trauma as required by KRS 311A.120; and3.
Awareness of Sexual Violence Training required by KRS 311A.120.(2)
An applicant shall pay the fee required for certification through reciprocity pursuant to 202 KAR 7:030.(3)
An applicant for Emergency Medical Technician reciprocity shall undergo a national background check provided by a vendor that has been contracted through the board.(a)
An applicant shall not directly submit a background check to meet the requirements of this section. The background check shall be submitted to the board by the company that conducts the background check.(b)
Background checks that are older than six (6) months shall not be considered current, and the applicant shall undergo another national background check prior to approval of certification through reciprocity.(4)
An applicant shall not have been convicted of offenses described in KRS 311A.050.(5)
An applicant shall not have been subjected to discipline that would prevent reciprocity at the time of application.(6)
An Emergency Medical Technician certified pursuant to this administrative regulation shall not perform any procedures or skill on which the Emergency Medical Technician has not been trained. An Emergency Medical Technician who performs a skill for which the Emergency Medical Technician does not have documented training shall have exceeded the scope of practice and shall be in violation of KRS 311A.050.(7)
An Emergency Medical Technician certified pursuant to this section shall complete the Kentucky supplemental Emergency Medical Technician curricula for the procedures listed in 202 KAR 7:701 prior to beginning work for a licensed agency in Kentucky.(a)
Kentucky supplemental Emergency Medical Technician curricula consistent with 202 KAR 7:701 shall be provided during employee orientation, or by entities authorized to conduct continuing education pursuant to 202 KAR 7:601.(b)
Verification of competency on the supplemental curricula procedures in 202 KAR 7:701 shall be maintained by the Emergency Medical Technician for a minimum of three (3) years. Failure to submit the EMT Supplemental Curriculum Training Verification Report upon request shall result in revocation of the Emergency Medical Technician certification.(c)
If an Emergency Medical Technician certified pursuant to this section fails to supply verification of competency as required by subsection (7) of this section, the Emergency Medical Technician shall be ineligible to apply for and receive Emergency Medical Technician reciprocity certification until the applicant has submitted the EMT Supplemental Curriculum Training Verification Report as required by 202 KAR 7:701, and shall reapply for reciprocity through the process listed in this section.Section 6.
Scope of Practice. An Emergency Medical Technician shall provide emergency medical services consistent with the skills and procedures in the National EMS Scope of Practice Model and 202 KAR 7:701.Section 7.
Expiration of Certification.(1)
Certification periods and expiration dates shall be pursuant to KRS 311A.095.(2)
If an Emergency Medical Technician's certification lapses or expires, the Emergency Medical Technician shall cease provision of emergency medical services.(3)
An Emergency Medical Technician who has allowed his or her certification to lapse or expire shall be required to reinstate certification pursuant to Section 4 of this administrative regulation.Section 8.
Downgrading Certification.(1)
An Emergency Medical Technician currently certified as an Emergency Medical Technician by the board shall be eligible for certification downgrade if:(a)
The certification is in good standing with no pending disciplinary action;(b)
The applicant submits a completed EMT Certification Downgrade Application in KEMSIS; and(c)
The applicant pays the fee pursuant to 202 KAR 7:030.(2)
An Emergency Medical Technician shall only be eligible to downgrade his or her certification to an Emergency Medical Responder certification.(3)
Certification periods and expiration dates shall be pursuant to KRS 311A.095.(4)
An applicant shall undergo a background check pursuant to KRS 311A.050 and 311A.100. The background check shall be:(a)
Statewide in scope for an applicant with current certification in Kentucky;(b)
Less than six (6) months old when the applicant submits to the board all requirements for certification; and(c)
Provided by a vendor that has been contracted through the board.(5)
Downgrade shall be denied if the applicant has not met the requirements of this section or has been subject to disciplinary action that prevents certification at the time of application.(6)
The applicant shall be responsible for meeting the renewal requirements of the downgraded certification level issued prior to expiration of that certification.(7)
To reinstate the certification or license that was previously held, the applicant shall meet the regulatory requirements for that level of certification or licensure.(8)
The applicant shall notify the board's licensed service director with whom the applicant is affiliated immediately upon downgrading his or her certification.(9)
Once the applicant has downgraded his or her certification or license, the applicant shall no longer be permitted to provide emergency medical services at the previous certification or license level held.(10)
An applicant applying for downgrade who does not comply with this section shall be subject to disciplinary action pursuant to KRS Chapter 311A.(11)
All endorsements, certifications, or licenses held at the previous certification or license level shall be void at the completion of the downgrade.Section 9.
Surrender of Certification.(1)
An Emergency Medical Technician surrendering certification shall:(a)
Submit a completed EMT Certification Surrender Application in KEMSIS; and(b)
Pay the fee pursuant to 202 KAR 7:030.(2)
The applicant shall notify the board's licensed service director with whom the applicant is affiliated immediately upon surrendering his or her certification.Section 10.
Reporting Requirements.(1)
An Emergency Medical Technician shall maintain current demographic information in KEMSIS including:(a)
Legal name;1.
Any changes to an Emergency Medical Technician's legal name shall be submitted using the Name Change Application in KEMSIS; and2.
One (1) of the following documents as verification of name change:a.
Social Security card;b.
Driver's license; orc.
Passport;(b)
Mailing address;(c)
Email address; and(d)
Phone number.(2)
An Emergency Medical Technician who does not comply with this section shall be subject to disciplinary action pursuant to KRS Chapter 311A.Section 11.
Exemptions from Emergency Medical Technician Administrative Regulations. Certification requirements for an Emergency Medical Technician shall not apply to:(1)
United States military personnel or state National Guard or employees of the United States government while providing services on a United States government owned or operated facility, or while engaged in the performance of their official duties under federal law, or while providing assistance in a mass casualty or disaster type situation; or(2)
An Emergency Medical Technician certified in another state or territory of the United States who:(a)
Comes into Kentucky to transport a patient from another state into Kentucky; or(b)
Is transporting a patient through the state of Kentucky to an out-of-Kentucky location.Section 12.
Public Notice of Negative Action. The board office shall cause to be published on the board Web site the name of an Emergency Medical Technician who:(1)
Is fined;(2)
Is placed on probationary status;(3)
Is placed on restricted status;(4)
Is suspended; or(5)
Has had his or her certification revoked.Section 13.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"National Emergency Medical Services Education Standards-Emergency Medical Technician Instructional Guidelines", The United States Department of Transportation, National Highway Traffic Safety Administration, DOT HS 811 077C, January 2009;(b)
"EMT Initial Certification Application" in KEMSIS, July 2019;(c)
"EMT Certification Renewal Application" in KEMSIS, July 2019;(d)
"EMT Reciprocity Certification Application" in KEMSIS July 2019;(e)
"EMT Reinstatement Certification Application" in KEMSIS, July 2019;(f)
"National EMS Scope of Practice Model", National Highway Traffic Safety Administration, DOT HS 810 657, February 2007;(g)
"National EMS Scope of Practice Model", National Highway Traffic Safety Administration, DOT HS 812 666, February 2019;(h)
"EMT Supplemental Curriculum Training Verification Report", July 2019;(i)
"EMT Certification Downgrade Application" in KEMSIS, July 2019;(j)
"EMT Certification Surrender Application" in KEMSIS, July 2019;(k)
"National Registry of Emergency Medical Technicians National Continued Competency Program EMT", October 2016;(l)
"Name Change Application" in KEMSIS, July 2019;(m)
"Military Extension Application" in KEMSIS, July 2019; and(n)
"United States Citizenship and Immigration Services (U.S.C.I.S.) Permanent Resident Card (form I-551/Green Card)", July 2019.(2)
This material may be inspected, obtained, or copied, subject to applicable copyright law, at the Office of the Kentucky Board of Emergency Medical Services, 500 Mero Street, 5th Floor 5SE32, Frankfort, Kentucky 40601, by appointment, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the board's Web site at: kyems.com.JOHN R. HOLDER, Chair
APPROVED BY AGENCY: August 8, 2024
FILED WITH LRC: September 3, 2024 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 23, 2024, at 1:00 p.m. ET at the Kentucky Board of Emergency Medical Services, 500 Mero Street, 5th Floor 5SE32, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: John K. Wood, counsel for the Kentucky Board of Emergency Medical Services, 163 East Main Street, Suite 200, Lexington, Kentucky 40507, phone (859) 225-4714, email administrativeregulations@wgmfirm.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
John K. Wood
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation establishes requirements for Emergency Medical Technicians.
(b) The necessity of this administrative regulation:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation is necessary to establish requirements for Emergency Medical Technicians.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation assists in the effective administration of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment brings this administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) by making EMTs certified and in good standing in any other state eligible for a reciprocal Kentucky certification. Prior to House Bill 57 becoming law, only EMS personnel in states contiguous to Kentucky were eligible for reciprocity.
(b) The necessity of the amendment to this administrative regulation:
This emergency amendment is necessary to bring this administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) and to mitigate the staffing shortages that EMS agencies across the Commonwealth are facing.
(c) How the amendment conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians. This amendment also conforms to the recent amendment to KRS 311A.142(2) permitting reciprocity to EMS personnel licensed or certified and in good standing with another state.
(d) How the amendment will assist in the effective administration of the statutes:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation assists in the effective administration of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect the Kentucky Board of Emergency Medical Services, emergency medical services providers, individuals seeking Emergency Medical Technician reciprocity, and local governments.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This amendment does not establish any new requirements. Emergency Medical Technicians certified in any other state may seek a reciprocal Kentucky certification by meeting the existing requirements set forth in Section 5 of this administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to any entity identified in question (3), other than administrative costs that may be incurred in recruiting and maintaining personnel.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Emergency Medical Technicians certified in states not contiguous to Kentucky will benefit from this amendment by now being eligible for a reciprocal Kentucky certification. EMS agencies and local governments will benefit from the expanded pool of individuals eligible for a reciprocal Kentucky Emergency Medical Technician certification.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Other than administrative costs, there will be no costs to the Board in implementing this administrative regulation.
(b) On a continuing basis:
Other than administrative costs, there will be no costs to the Board in implementing this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Emergency Medical Services is a state agency that receives its annual budget from the state government.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation because the amendment applies to all Emergency Medical Technicians.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation establishes requirements for Emergency Medical Technicians.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Emergency Medical Services.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment should not affect the Board’s expenditures, revenues, or costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
All cities and counties.
(a) Estimate the following for the first year:
Expenditures:
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining required personnel.
(4) Identify additional regulated entities not listed in questions (2) or (3):
All EMS services.
(a) Estimate the following for the first year:
Expenditures:
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining personnel.
(b) Methodology and resources used to determine the fiscal impact:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining personnel.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the affected entities.
(b) The methodology and resources used to reach this conclusion:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining required personnel.
STATEMENT OF EMERGENCY
202 KAR 7:301E
This emergency amendment is necessary to address the imminent threat to public health, safety, and welfare posed by the shortage of emergency medical services personnel throughout the Commonwealth. There are not enough EMS personnel in Kentucky working for EMS services. EMS agencies throughout the Commonwealth are having difficulty maintain adequate staffing levels. During the 2024 Regular Session, House Bill 57 became law. In relevant part, the Bill amended KRS 311A.142(2) to allow the Kentucky Board of Emergency Medical Services (the “Board”) to grant reciprocal certifications and licenses to individuals certified or licensed and in good standing with another state. Prior to the House Bill 57 amendments, the Board was only authorized to grant reciprocal certifications and licenses to EMS personnel holding credentials in a state contiguous to Kentucky. Consistent with the former statute, the current version of this administrative regulation only permits reciprocity to EMTs certified in a state contiguous to Kentucky. This emergency amendment brings the administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) by making EMTs certified and in good standing in any other state eligible for a reciprocal Kentucky EMT certification. By promptly expanding reciprocity eligibility to EMTs certified and in good standing with any other state, this emergency amendment will mitigate the risks posed by the shortage of EMS personnel in the Commonwealth. An ordinary administrative regulation is not sufficient to address the imminent risk posed by the continued shortage of EMS personnel. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JOHN R. HOLDER, Chair
KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES
(Emergency Amendment)
202 KAR 7:301E.Emergency medical technician.
Section 1.
Emergency Medical Technician Student Eligibility. An individual shall be eligible to enroll as a student in an Emergency Medical Technician education and training program if the applicant:(1)
Is not currently subject to disciplinary action pursuant to KRS Chapter 311A that would prevent certification; and(2)
Meets all additional requirements established by the EMS Training and Educational Institution (EMS-TEI).Section 2.
Certification Requirements. Individuals desiring initial certification as an Emergency Medical Technician shall:(1)
Successfully complete a board approved education and training program that conforms to the curriculum of the United States Department of Transportation, National Highway Traffic Safety Administration National Emergency Medical Services Education Standards-Emergency Medical Technician Instructional Guidelines, except that the educational curriculum shall not be satisfied by the completion of refresher or transition courses alone;(2)
Meet all educational standards established by 202 KAR 7:601;(3)
Obtain certification as a NREMT-Emergency Medical Technician;(4)
Submit a completed EMT Initial Certification Application in KEMSIS;(5)
Pay the fee required for certification pursuant to 202 KAR 7:030;(6)
Undergo a background check pursuant to KRS 311A.050 and 311A.100, which shall be:(a)
National in scope for an applicant not currently certified at any level in Kentucky;(b)
Statewide in scope for an applicant with current certification in Kentucky;(c)
Less than six (6) months old when the applicant submits to the board all requirements for certification;(d)
Provided by a vendor that has been contracted through the board; and(e)
Submitted to the board by the company that conducts the background check; and(7)
Be a citizen of the United States, a permanent resident of the United States, or otherwise lawfully present in the United States, as evidenced by submission to the board of:(a)
A Social Security card;(b)
Birth certificate;(c)
A United States Citizenship and Immigration Services (U.S.C.I.S.) Permanent Resident Card (form I-551/Green Card); or(d)
Other legal authorization to live and work in the United States.Section 3.
Renewal of Certification and Continuing Education Requirements.(1)
An Emergency Medical Technician shall be eligible for certification renewal if:(a)
The applicant submits a completed EMT Certification Renewal Application in KEMSIS;(b)
The applicant maintains written evidence of:1.
HIV/AIDS training required by KRS 311A.120;2.
Pediatric Abusive Head Trauma required by KRS 311A.120; and3.
Awareness of Sexual Violence Training required by KRS 311A.120;(c)
The applicant pays the fee required for renewal pursuant to 202 KAR 7:030; and(d)
The applicant maintains evidence of:1.
Current certification by the NREMT as an Emergency Medical Technician, except that if this option is used, the board may request, through a continuing education audit, proof of continuing education to verify compliance with the requirements of this section; or2.
Successful completion of the NREMT Emergency Medical Technician National Component of the Continued Competency Program for Continuing Education, which shall be validated by entities authorized to conduct continuing education pursuant to 202 KAR 7:601.(2)
An application for certification renewal shall be denied if:(a)
Prior to the certification expiration date, the applicant has not met the applicable requirements of this section; or(b)
The applicant has been subjected to disciplinary action that prevents certification renewal at the time of application.(3)
A certified Emergency Medical Technician, in good standing, who is a member of a National Guard or a military reserve unit called to active duty by presidential order pursuant to 10 U.S.C. §§ 121 and 12304, shall be renewed according to KRS 12.355 upon submission of the Military Extension Application.(4)
The board office may audit an Emergency Medical Technician's continuing education and continuing education records. The Emergency Medical Technician shall submit the documentation requested within ten (10) business days of receipt of the board's request.(5)
If documentation of continuing education hours consistent with this administrative regulation are not received using the board-approved submission process within ten (10) business days of receipt of the board's request, the Emergency Medical Technician certification for the individual shall be summarily revoked and the individual shall reapply for certification through reinstatement if eligible.(6)
The ten (10) business days for submission shall not apply to investigations pursuant to KRS Chapter 311A.(7)
The Emergency Medical Technician shall maintain documentation of all continuing education for three (3) years from the date of completion.Section 4.
Reinstatement of Certification.(1)
An Emergency Medical Technician whose certification has lapsed may reinstate his or her certificate by submitting to the board:(a)
A completed EMT Reinstatement Certification Application in KEMSIS;(b)
Evidence of previous certification as an Emergency Medical Technician in the Commonwealth of Kentucky;(c)
Proof of current training in:1.
Pediatric Abusive Head Trauma as required by KRS 311A.120;2.
Awareness of Sexual Violence Training required by KRS 311A.120; and3.
HIV/AIDS training required by KRS 311A.120; and(d)
Payment of the fee pursuant to 202 KAR 7:030.(2)
The applicant for reinstatement of certification shall undergo a national background check provided by a vendor that has been contracted through the board.(a)
An applicant shall not directly submit a background check to meet the requirements of this section. The background check shall be submitted to the board by the company that conducts the background check.(b)
Background checks that are older than six (6) months shall not be considered current, and the applicant shall undergo another national background check prior to approval of reinstatement of certification.(3)
An applicant for reinstatement of certification shall submit to the board evidence of successful completion of the NREMT Emergency Medical Technician National Component of the Continued Competency Program for Continuing Education within twelve (12) months preceding his or her application for reinstatement of the Emergency Medical Technician.(4)
The applicant for reinstatement of certification shall bear the burden of proof of previous certification in Kentucky if the previous certification is in issue or dispute.(5)
An applicant who is ineligible for certification pursuant to KRS 311A.050 through 311A.090 shall be ineligible for reinstatement.Section 5.
Emergency Medical Technician Reciprocity.(1)
An individual who is certified in another(a)
A completed EMT Reciprocity Certification Application in KEMSIS;(b)
Proof of the applicant's current unrestricted certification as a NREMT-Emergency Medical Technician or current Emergency Medical Technician certification in another(c)
Proof of current training in:1.
HIV/AIDS training required by KRS 311A.120;2.
Pediatric Abusive Head Trauma as required by KRS 311A.120; and3.
Awareness of Sexual Violence Training required by KRS 311A.120.(2)
An applicant shall pay the fee required for certification through reciprocity pursuant to 202 KAR 7:030.(3)
An applicant for Emergency Medical Technician reciprocity shall undergo a national background check provided by a vendor that has been contracted through the board.(a)
An applicant shall not directly submit a background check to meet the requirements of this section. The background check shall be submitted to the board by the company that conducts the background check.(b)
Background checks that are older than six (6) months shall not be considered current, and the applicant shall undergo another national background check prior to approval of certification through reciprocity.(4)
An applicant shall not have been convicted of offenses described in KRS 311A.050.(5)
An applicant shall not have been subjected to discipline that would prevent reciprocity at the time of application.(6)
An Emergency Medical Technician certified pursuant to this administrative regulation shall not perform any procedures or skill on which the Emergency Medical Technician has not been trained. An Emergency Medical Technician who performs a skill for which the Emergency Medical Technician does not have documented training shall have exceeded the scope of practice and shall be in violation of KRS 311A.050.(7)
An Emergency Medical Technician certified pursuant to this section shall complete the Kentucky supplemental Emergency Medical Technician curricula for the procedures listed in 202 KAR 7:701 prior to beginning work for a licensed agency in Kentucky.(a)
Kentucky supplemental Emergency Medical Technician curricula consistent with 202 KAR 7:701 shall be provided during employee orientation, or by entities authorized to conduct continuing education pursuant to 202 KAR 7:601.(b)
Verification of competency on the supplemental curricula procedures in 202 KAR 7:701 shall be maintained by the Emergency Medical Technician for a minimum of three (3) years. Failure to submit the EMT Supplemental Curriculum Training Verification Report upon request shall result in revocation of the Emergency Medical Technician certification.(c)
If an Emergency Medical Technician certified pursuant to this section fails to supply verification of competency as required by subsection (7) of this section, the Emergency Medical Technician shall be ineligible to apply for and receive Emergency Medical Technician reciprocity certification until the applicant has submitted the EMT Supplemental Curriculum Training Verification Report as required by 202 KAR 7:701, and shall reapply for reciprocity through the process listed in this section.Section 6.
Scope of Practice. An Emergency Medical Technician shall provide emergency medical services consistent with the skills and procedures in the National EMS Scope of Practice Model and 202 KAR 7:701.Section 7.
Expiration of Certification.(1)
Certification periods and expiration dates shall be pursuant to KRS 311A.095.(2)
If an Emergency Medical Technician's certification lapses or expires, the Emergency Medical Technician shall cease provision of emergency medical services.(3)
An Emergency Medical Technician who has allowed his or her certification to lapse or expire shall be required to reinstate certification pursuant to Section 4 of this administrative regulation.Section 8.
Downgrading Certification.(1)
An Emergency Medical Technician currently certified as an Emergency Medical Technician by the board shall be eligible for certification downgrade if:(a)
The certification is in good standing with no pending disciplinary action;(b)
The applicant submits a completed EMT Certification Downgrade Application in KEMSIS; and(c)
The applicant pays the fee pursuant to 202 KAR 7:030.(2)
An Emergency Medical Technician shall only be eligible to downgrade his or her certification to an Emergency Medical Responder certification.(3)
Certification periods and expiration dates shall be pursuant to KRS 311A.095.(4)
An applicant shall undergo a background check pursuant to KRS 311A.050 and 311A.100. The background check shall be:(a)
Statewide in scope for an applicant with current certification in Kentucky;(b)
Less than six (6) months old when the applicant submits to the board all requirements for certification; and(c)
Provided by a vendor that has been contracted through the board.(5)
Downgrade shall be denied if the applicant has not met the requirements of this section or has been subject to disciplinary action that prevents certification at the time of application.(6)
The applicant shall be responsible for meeting the renewal requirements of the downgraded certification level issued prior to expiration of that certification.(7)
To reinstate the certification or license that was previously held, the applicant shall meet the regulatory requirements for that level of certification or licensure.(8)
The applicant shall notify the board's licensed service director with whom the applicant is affiliated immediately upon downgrading his or her certification.(9)
Once the applicant has downgraded his or her certification or license, the applicant shall no longer be permitted to provide emergency medical services at the previous certification or license level held.(10)
An applicant applying for downgrade who does not comply with this section shall be subject to disciplinary action pursuant to KRS Chapter 311A.(11)
All endorsements, certifications, or licenses held at the previous certification or license level shall be void at the completion of the downgrade.Section 9.
Surrender of Certification.(1)
An Emergency Medical Technician surrendering certification shall:(a)
Submit a completed EMT Certification Surrender Application in KEMSIS; and(b)
Pay the fee pursuant to 202 KAR 7:030.(2)
The applicant shall notify the board's licensed service director with whom the applicant is affiliated immediately upon surrendering his or her certification.Section 10.
Reporting Requirements.(1)
An Emergency Medical Technician shall maintain current demographic information in KEMSIS including:(a)
Legal name;1.
Any changes to an Emergency Medical Technician's legal name shall be submitted using the Name Change Application in KEMSIS; and2.
One (1) of the following documents as verification of name change:a.
Social Security card;b.
Driver's license; orc.
Passport;(b)
Mailing address;(c)
Email address; and(d)
Phone number.(2)
An Emergency Medical Technician who does not comply with this section shall be subject to disciplinary action pursuant to KRS Chapter 311A.Section 11.
Exemptions from Emergency Medical Technician Administrative Regulations. Certification requirements for an Emergency Medical Technician shall not apply to:(1)
United States military personnel or state National Guard or employees of the United States government while providing services on a United States government owned or operated facility, or while engaged in the performance of their official duties under federal law, or while providing assistance in a mass casualty or disaster type situation; or(2)
An Emergency Medical Technician certified in another state or territory of the United States who:(a)
Comes into Kentucky to transport a patient from another state into Kentucky; or(b)
Is transporting a patient through the state of Kentucky to an out-of-Kentucky location.Section 12.
Public Notice of Negative Action. The board office shall cause to be published on the board Web site the name of an Emergency Medical Technician who:(1)
Is fined;(2)
Is placed on probationary status;(3)
Is placed on restricted status;(4)
Is suspended; or(5)
Has had his or her certification revoked.Section 13.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"National Emergency Medical Services Education Standards-Emergency Medical Technician Instructional Guidelines", The United States Department of Transportation, National Highway Traffic Safety Administration, DOT HS 811 077C, January 2009;(b)
"EMT Initial Certification Application" in KEMSIS, July 2019;(c)
"EMT Certification Renewal Application" in KEMSIS, July 2019;(d)
"EMT Reciprocity Certification Application" in KEMSIS July 2019;(e)
"EMT Reinstatement Certification Application" in KEMSIS, July 2019;(f)
"National EMS Scope of Practice Model", National Highway Traffic Safety Administration, DOT HS 810 657, February 2007;(g)
"National EMS Scope of Practice Model", National Highway Traffic Safety Administration, DOT HS 812 666, February 2019;(h)
"EMT Supplemental Curriculum Training Verification Report", July 2019;(i)
"EMT Certification Downgrade Application" in KEMSIS, July 2019;(j)
"EMT Certification Surrender Application" in KEMSIS, July 2019;(k)
"National Registry of Emergency Medical Technicians National Continued Competency Program EMT", October 2016;(l)
"Name Change Application" in KEMSIS, July 2019;(m)
"Military Extension Application" in KEMSIS, July 2019; and(n)
"United States Citizenship and Immigration Services (U.S.C.I.S.) Permanent Resident Card (form I-551/Green Card)", July 2019.(2)
This material may be inspected, obtained, or copied, subject to applicable copyright law, at the Office of the Kentucky Board of Emergency Medical Services, 500 Mero Street, 5th Floor 5SE32, Frankfort, Kentucky 40601, by appointment, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the board's Web site at: kyems.com.JOHN R. HOLDER, Chair
APPROVED BY AGENCY: August 8, 2024
FILED WITH LRC: September 3, 2024 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 23, 2024, at 1:00 p.m. ET at the Kentucky Board of Emergency Medical Services, 500 Mero Street, 5th Floor 5SE32, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: John K. Wood, counsel for the Kentucky Board of Emergency Medical Services, 163 East Main Street, Suite 200, Lexington, Kentucky 40507, phone (859) 225-4714, email administrativeregulations@wgmfirm.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
John K. Wood
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation establishes requirements for Emergency Medical Technicians.
(b) The necessity of this administrative regulation:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation is necessary to establish requirements for Emergency Medical Technicians.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation assists in the effective administration of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment brings this administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) by making EMTs certified and in good standing in any other state eligible for a reciprocal Kentucky certification. Prior to House Bill 57 becoming law, only EMS personnel in states contiguous to Kentucky were eligible for reciprocity.
(b) The necessity of the amendment to this administrative regulation:
This emergency amendment is necessary to bring this administrative regulation into conformity with House Bill 57’s amendment to KRS 311A.142(2) and to mitigate the staffing shortages that EMS agencies across the Commonwealth are facing.
(c) How the amendment conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians. This amendment also conforms to the recent amendment to KRS 311A.142(2) permitting reciprocity to EMS personnel licensed or certified and in good standing with another state.
(d) How the amendment will assist in the effective administration of the statutes:
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation assists in the effective administration of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect the Kentucky Board of Emergency Medical Services, emergency medical services providers, individuals seeking Emergency Medical Technician reciprocity, and local governments.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This amendment does not establish any new requirements. Emergency Medical Technicians certified in any other state may seek a reciprocal Kentucky certification by meeting the existing requirements set forth in Section 5 of this administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to any entity identified in question (3), other than administrative costs that may be incurred in recruiting and maintaining personnel.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Emergency Medical Technicians certified in states not contiguous to Kentucky will benefit from this amendment by now being eligible for a reciprocal Kentucky certification. EMS agencies and local governments will benefit from the expanded pool of individuals eligible for a reciprocal Kentucky Emergency Medical Technician certification.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Other than administrative costs, there will be no costs to the Board in implementing this administrative regulation.
(b) On a continuing basis:
Other than administrative costs, there will be no costs to the Board in implementing this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Emergency Medical Services is a state agency that receives its annual budget from the state government.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation because the amendment applies to all Emergency Medical Technicians.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 311A.025 requires the board to promulgate administrative regulations relating to Emergency Medical Technicians. This administrative regulation establishes requirements for Emergency Medical Technicians.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Emergency Medical Services.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment should not affect the Board’s expenditures, revenues, or costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
All cities and counties.
(a) Estimate the following for the first year:
Expenditures:
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining required personnel.
(4) Identify additional regulated entities not listed in questions (2) or (3):
All EMS services.
(a) Estimate the following for the first year:
Expenditures:
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no costs to affected entities other than administrative costs that may be incurred in recruiting and maintaining personnel.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining personnel.
(b) Methodology and resources used to determine the fiscal impact:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining personnel.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the affected entities.
(b) The methodology and resources used to reach this conclusion:
No fiscal impact is anticipated as a result of this administrative regulation, other than the administrative costs that may be incurred in recruiting and maintaining required personnel.