309.420 Reciprocity with bordering states.

324 words·~1 min read·/ky/chapter-309/309-420

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The board may grant a license on the basis of reciprocity to a home medical

equipment and services provider located in one

(1)of Kentucky's seven

contiguous bordering states that licenses home medical equipment and

services providers if:

1. The out-of-state provider physically located in one

(1)of Kentucky's

seven

(7)contiguous bordering states possesses a valid license from a

jurisdiction that grants the same privileges to persons licensed by the

Commonwealth as the Commonwealth grants to persons licensed by the

other jurisdiction;

2. The requirements for licensure in the contiguous bordering state,

including but not limited to a requirement for a physical location in the

state as a condition of issuing or renewing a license, are substantially

similar to the requirements under KRS 309.400 to 309.422; and

3. The out-of-state provider seeking licensure states that he or she has

studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and

the administrative regulations promulgated thereunder.

(b)1. Notwithstanding subsection

(2)of this section, the board may grant a

license on the basis of reciprocity to a home medical equipment and

services provider physically located in one

(1)of Kentucky's seven

contiguous bordering states that does not license home medical

equipment and services providers if the out-of-state provider seeking to

operate in Kentucky states by affidavit that he or she has studied, is

familiar with, and shall abide by KRS 309.400 to 309.422 and the

administrative regulations promulgated thereunder; and

2. The contiguous bordering state grants the same privileges to persons

licensed in the Commonwealth as the Commonwealth grants to

providers from the state described in subparagraph 1. of this paragraph.

(2)If the requirements for licensure under KRS 309.400 to 309.422 and the

administrative regulations promulgated thereunder are more restrictive than the

standards of a contiguous jurisdiction, then the out-of-state provider shall comply

with the additional requirements of KRS 309.400 to 309.422 to obtain a reciprocal

license.