Title 202 | Chapter 007 | Regulation 301
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KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES
(Amendment)
202 KAR 7:301.Emergency medical technician.
Section 1.
Emergency Medical Technician Student Eligibility.(1)
Individuals shall be eligible to enroll as a student in an Emergency Medical Technician education and training program if the applicant:(a)
(b)
(c)
(2)
(1)
Is not(b)
(2)(c)
MeetsSection 2.
Certification Requirements. Individuals desiring initial certification as an Emergency Medical Technician shall:(1)
(2)
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 Educational Standards-Instructional Guidelines for the Emergency Medical Technician, except that the educational curriculum shall not be satisfied by the completion of refresher or transition courses alone;(2)(3)
Meet all educational standards established by 202 KAR 7:601;(3)(4)
Obtain certification as a NREMT-Emergency Medical Technician;(4)(5)
Submit a completed EMT Initial Certification Application in KEMSIS;(5)(6)
Pay the fee required for certification pursuant to 202 KAR 7:030;(6)(7)
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)(8)
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.IS) 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(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(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)
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 a contiguous state to the Commonwealth of Kentucky 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(b)(a)
Proof of the(c)(b)
Proof of current1.
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. (1) 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)
(a)
(b)
(c)
1.
2.
(5)(6)
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)(7)
The applicant shall be responsible for meeting the renewal requirements of the downgraded certification level issued prior to expiration of that certification.(7)(8)
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)(9)
The applicant shall notify the board's licensed service director with whom the applicant is affiliated immediately upon downgrading his or her certification.(9)(10)
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)(11)
An applicant applying for downgrade who does not comply with this section shall be subject to disciplinary action pursuant to KRS Chapter 311A.(11)(12)
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)
"National Registry of Emergency Medical Technicians Emergency Medical Technician Psychomotor Examination Users Guide", September 2016;(m)
"Name Change Application" in KEMSIS, July 2019;(n)
"Military Extension Application" in KEMSIS, July 2019; and(o)
"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(3)
This material is also available on the board's Web site at: kyems.com.JOHN R. HOLDER, Chair
APPROVED BY AGENCY: December 13, 2022
FILED WITH LRC: December 14, 2022 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2023 at 1:00 PM Eastern Standard Time 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 February 28, 2023. 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, Legal Counsel, Kentucky Board of Emergency Medical Services, 163 E. 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 the requirements for Kentucky Emergency Medical Technician certification into conformity with the requirements of the National Registry of Emergency Medical Technicians (NREMT) by removing the minimum age requirement and certain education requirements. Applicants for Kentucky certification are still required to successfully complete a board-approved training program, meet the educational standards established in 202 KAR 7:601, and successfully complete all NREMT educational requirements. The requirement to undergo a pre-enrollment background check has been stricken from this amendment. However, background checks remain required for initial certification as an Emergency Medical Technician. Finally, this amendment clarifies that only the National Component of the NREMT Continued Competency Program for Continuing Education is required for certification renewal and reinstatement.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to bring Kentucky’s minimum requirements for Emergency Medical Technician certification into conformity with the NREMT requirements, to remove the redundant requirement of a pre-enrollment background check, and to offer more individuals the opportunity to become certified Emergency Medical Technicians in Kentucky. EMS agencies across the Commonwealth face staffing shortages and the intent of this amendment is to remove requirements that are inconsistent with national standards and requirements that are redundant or unnecessary to allow additional individuals to become certified Emergency Medical Technicians and thereby mitigate EMS staffing shortages.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(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 amendment will assist 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 service providers, Emergency Medical Technicians, individuals seeking Emergency Medical Technician certification, 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:
Emergency medical service providers, Emergency Medical Technicians, individuals seeking Emergency Medical Technician certification, and local governments shall implement and satisfy the standards and requirements 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).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Individuals seeking Emergency Medical Technician certification will benefit from decreased certification requirements and processing time. Emergency medical service providers and local governments will benefit from a larger pool of eligible applicants for Emergency Medical Technician certification.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the administrative body to implement this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
No funding source is necessary to implement and enforce this administrative regulation.
(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 did not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation because this amendment applies equally to all licensed agencies.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will affect the Kentucky Board of Emergency Medical Services, emergency medical service providers, and local governments.
(2) Identify each state or 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.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will generate no revenue for the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will generate no revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
Administration of this administrative regulation will not require any costs.
(d) How much will it cost to administer this program for subsequent years?
Administration of this administrative regulation will not require any costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
This administrative regulation will not generate revenue.
Expenditures (+/-):
This administrative regulation will not require any additional expenditures.
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will not impose any costs.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not impose any costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
This administrative regulation will not generate any cost savings.
Expenditures (+/-):
This administrative regulation will not impose any costs.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. This administrative regulation will not have a major economic impact.
KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES
(Amendment)
202 KAR 7:301.Emergency medical technician.
Section 1.
Emergency Medical Technician Student Eligibility.Individuals 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 Educational Standards-Instructional Guidelines for the Emergency Medical Technician, 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.IS) 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)
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 a contiguous state to the Commonwealth of Kentucky 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 a contiguous state to the Commonwealth of Kentucky, 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. (1) 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)
"National Registry of Emergency Medical Technicians Emergency Medical Technician Psychomotor Examination Users Guide", September 2016;(m)
"Name Change Application" in KEMSIS, July 2019;(n)
"Military Extension Application" in KEMSIS, July 2019; and(o)
"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: December 13, 2022
FILED WITH LRC: December 14, 2022 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2023 at 1:00 PM Eastern Standard Time 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 February 28, 2023. 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, Legal Counsel, Kentucky Board of Emergency Medical Services, 163 E. 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 the requirements for Kentucky Emergency Medical Technician certification into conformity with the requirements of the National Registry of Emergency Medical Technicians (NREMT) by removing the minimum age requirement and certain education requirements. Applicants for Kentucky certification are still required to successfully complete a board-approved training program, meet the educational standards established in 202 KAR 7:601, and successfully complete all NREMT educational requirements. The requirement to undergo a pre-enrollment background check has been stricken from this amendment. However, background checks remain required for initial certification as an Emergency Medical Technician. Finally, this amendment clarifies that only the National Component of the NREMT Continued Competency Program for Continuing Education is required for certification renewal and reinstatement.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to bring Kentucky’s minimum requirements for Emergency Medical Technician certification into conformity with the NREMT requirements, to remove the redundant requirement of a pre-enrollment background check, and to offer more individuals the opportunity to become certified Emergency Medical Technicians in Kentucky. EMS agencies across the Commonwealth face staffing shortages and the intent of this amendment is to remove requirements that are inconsistent with national standards and requirements that are redundant or unnecessary to allow additional individuals to become certified Emergency Medical Technicians and thereby mitigate EMS staffing shortages.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of KRS 311A.025 by establishing requirements for Emergency Medical Technicians.
(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 amendment will assist 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 service providers, Emergency Medical Technicians, individuals seeking Emergency Medical Technician certification, 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:
Emergency medical service providers, Emergency Medical Technicians, individuals seeking Emergency Medical Technician certification, and local governments shall implement and satisfy the standards and requirements 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).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Individuals seeking Emergency Medical Technician certification will benefit from decreased certification requirements and processing time. Emergency medical service providers and local governments will benefit from a larger pool of eligible applicants for Emergency Medical Technician certification.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the administrative body to implement this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
No funding source is necessary to implement and enforce this administrative regulation.
(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 did not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation because this amendment applies equally to all licensed agencies.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will affect the Kentucky Board of Emergency Medical Services, emergency medical service providers, and local governments.
(2) Identify each state or 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.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will generate no revenue for the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will generate no revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
Administration of this administrative regulation will not require any costs.
(d) How much will it cost to administer this program for subsequent years?
Administration of this administrative regulation will not require any costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
This administrative regulation will not generate revenue.
Expenditures (+/-):
This administrative regulation will not require any additional expenditures.
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will not impose any costs.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not impose any costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
This administrative regulation will not generate any cost savings.
Expenditures (+/-):
This administrative regulation will not impose any costs.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. This administrative regulation will not have a major economic impact.