311A.055 Complaint of violation of chapter -- Investigation -- Transfer of
1,433 words·~7 min read·
/ky/311a-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ambulance service complaints and investigations -- Notification -- Preliminary
inquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual contact with
patient -- Confidentiality.
(1)In accordance with the provisions of KRS Chapter 13B, all discipline for which the
board is authorized to conduct investigations, hold hearings, and impose
punishments is delegated to the executive director, state medical advisor, board
attorney, and hearing panels as provided herein, except that investigations and
hearings for ambulance services licensed under KRS 311A.030 shall be conducted
by the Cabinet for Health and Family Services in accordance with KRS 216B.106.
The board shall immediately transfer all complaints submitted regarding ambulance
services licensed under KRS 311A.030 to the cabinet and the cabinet shall submit
findings and recommendations to the board for all complaints submitted by the
board.
(2)Any person may make a complaint to the executive director that an entity licensed
or certified by the board, emergency medical services personnel, or any other person
licensed or certified by the board has violated a provision of this chapter, an
administrative regulation promulgated pursuant to this chapter, protocol, practice
standard, or order of the board.
(3)Each complaint shall:
(a)Be made by telephone or in writing and may be submitted electronically, by
facsimile, or by mail;
(b)Identify specifically the person or organization against whom the complaint is
made;
(c)Set forth the facts relating to the violation alleged and any other supporting
information that may have a bearing on the matter; and
(d)Contain the name, address and zip code, day and work telephone numbers,
facsimile number if appropriate, e-mail address, if available, and the nature of
the complainant's relationship to the licensee.
(4)The executive director of the board may, on behalf of the board, based on
knowledge available to the office of the board, make a complaint against any person
or organization regulated by the board in the same manner as provided in subsection
(3)of this section.
(a)Except as provided by paragraph
(b)of this subsection, upon receipt of a
complaint, the executive director shall assign the complaint to a staff
investigator who shall investigate the complaint and shall make findings of
fact and recommendations to the executive director who shall then convene a
preliminary inquiry board.
(b)If the complaint is pertaining to ambulance services licensed under KRS
311A.030, the executive director shall transfer the complaint to the Cabinet
for Health and Family Services, in accordance with KRS 216B.106.
(6)When the executive director assigns a complaint to a staff investigator, he or she
shall notify the person or organization against whom the complaint has been filed,
the employer of the emergency services personnel against whom the complaint has
been filed, the emergency medical services medical director or mobile integrated
healthcare program medical director for the organization against whom the
complaint has been filed or that employs the emergency medical services personnel
against whom the complaint has been filed, and any other person or organization
specified in this chapter.
(7)The notification shall name the person or organization complained against, the
violations alleged, and the facts presented in the complaint and shall notify the
person or organization complained against, the employer, and the emergency
medical services or the mobile integrated healthcare program medical director of:
(a)The fact that the complaint shall be answered, the steps for answering the
complaint, and the action to be taken if the complaint is not answered;
(b)The time frame and steps in the proceedings of a complaint;
(c)The rights of the parties, including the right to counsel; and
(d)The right to testify at any hearing.
(8)Upon the failure of a license or certificate holder to respond to a written accusation
or to request a hearing within twenty
(20)days after the sending of the accusation,
the accused shall be considered to have admitted the truth of the facts and the
circumstances in the allegation and appropriate discipline may be imposed.
(9)The preliminary inquiry board shall consist of one
(1)member of the board selected
by the chair, and two
(2)persons representing the same category of certification or
licensure as the defendant who are not members of the board appointed by the
chairman of the board.
(10)After reviewing the complaint and results of any investigation conducted on behalf
of the board, the preliminary inquiry board shall consider whether the accusation is
sufficient to remand the matter for a hearing as provided in this section and KRS
Chapter 13B. A majority vote of the members of the preliminary inquiry board shall
be necessary for action to either remand the matter for hearing or dismiss the
complaint without hearing.
(11)If the preliminary inquiry board dismisses the complaint, all parties notified
previously shall be notified of the action. If the preliminary inquiry board remands
the matter for a hearing, all parties notified previously shall be notified of the
action.
(12)Each proceeding to consider the imposition of a penalty that the board is authorized
to impose pursuant to this chapter shall be conducted in accordance with KRS
Chapter 13B.
(13)A hearing panel for purposes of making a decision in any disciplinary matter shall
consist of one
(1)physician who may be a member of the board or who meets the
qualifications of an emergency medical services medical director; one
(1)person
from the category of persons or organizations of the same class as the defendant;
and the hearing officer, who shall not be involved in emergency medical services.
(14)The hearing officer may issue subpoenas to compel the attendance of witnesses and
the production of documents in the conduct of an investigation. The subpoenas may
be enforced by any Circuit Court for contempt. Any order or subpoena of the court
requiring the attendance and testimony of witnesses and the production of
documentary evidence may be enforced and shall be valid anywhere in this state.
(15)At all hearings the board attorney or, on request of the board, the Attorney General
of this state or one
(1)of the assistant attorneys general designated shall appear and
represent the board.
(16)The emergency medical services provider or related employer of a person licensed
or certified by the board and the emergency medical services medical director of
such a person who is the defendant in a hearing shall be parties to the action and
may appear and testify in the matter at any deposition or hearing on the matter and
may propose conclusions of law, findings of fact, and penalties to the hearing panel.
(17)To make a finding or recommend discipline, the two
(2)members of the hearing
panel who are not the hearing officer shall agree on the finding or discipline. In the
event of a tie vote, the hearing officer shall cast the deciding vote.
(18)The final order in any disciplinary proceeding shall be prepared by the executive
director and sent to all parties in the manner prescribed by law.
(19)Any person or entity aggrieved by a final order of the board may appeal to the
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
(20)The only discipline that the board may impose against an emergency medical
services medical director is denial, suspension or withdrawal of the board's approval
for that person to serve as an emergency medical services medical director.
(21)If the executive director substantiates that sexual contact occurred between a
licensee or certificate holder and a patient while the patient was under the care of or
in a professional relationship with the licensee or certificate holder, the license or
certification may be revoked or suspended with mandatory treatment of the person
as prescribed by the executive director. The executive director may require the
licensee or certificate holder to pay a specified amount for mental health services
for the patient which are needed as a result of the sexual contact.
(22)Except as specified in this section, all board proceedings, including the complaint,
answer, and other records relating to a disciplinary proceeding, shall be confidential
until a final determination is made by the board, except:
(a)The board may turn over to the Attorney General, the United States Attorney,
Commonwealth's attorney, or county attorney of the jurisdiction in which the
offense allegedly occurred, evidence that may be used in criminal
proceedings; and
(b)If the complainant or alleged violator publicly discloses the existence of a
preliminary inquiry, the board may publicly confirm the existence of the
inquiry and, in its discretion, make public any documents that were issued to
either party.