News: Comparison of HB 405 provisions with current EMS statutes

May 16, 2000

S T A T E N E W S B R I E F

News Index | The Kentucky EMS Connection Main Index

Provided by the Kentucky EMS Branch

Comparison of HB 405 provisions with current EMS statutes

Topic	Current Statutes	HB 405 as enacted
EMS Governing Authority	Cabinet for Health Services for EMS Program and EMT training, certification, and practice. KBML for paramedic training and certification	All EMS authority under Kentucky Board of Emergency Medical Services. (Board is independent agency outside of the Cabinet for Health Services.
Board / Council appointed by:	Commissioner appoints members to the Kentucky EMS Council. Size and composition are not mandated other than "broadly representative of EMS."	Governor appoints 16 member Kentucky EMS Board. Size and composition mandated; includes 4 EMS administrators, 4 physicians, 1 EMT-FR, 1 EMT-B, 1 EMT-P, 1 mayor, 1 county judge, 1 EMS educator, 1 hospital administrator, and 1 citizen.
Committees	Council may establish committees from among its own membership or from members of other bodies established by statute (EMSC Committee).	Board may establish committees not limited to members of the Board.
Board / Council Functions	Advise the Cabinet on issues relating to the development, implementation, maintenance, and reimbursement of EMS systems/providers. Assist in development of EMS regulations; review prior to formal promulgation. Consult with the KBML and the KBN to establish standards and protocols for EMS personnel. Provide advice and recommendations to the KBML with regard to paramedic training, certification, and practice. Advocate EMS-related issues within the Cabinet and Department.	Board assumes all EMS-related state activities currently performed by the Cabinet for Health Services and the Kentucky Board of Medical Licensure, including: Employ executive director Employ/contract for medical advisor (board certified in emergency medicine) Employ general counsel Employ other staff (persons who regulate or support EMT-FR, EMT-B, or EMT-P programs must be certified at that level or above.) Promulgate all regulations Set all EMS training requirements Certify/license all EMS personnel and providers Develop and implement state EMS and trauma systems plan Make grants to local governments
EMS for Children Program	Established within Cabinet's EMS Program Cabinet may hire EMSC coordinator May establish EMSC standards, protocols, and training programs Establishes EMS for Children Committee Requires annual report to legislature	Re-establish under Board of EMS Board may hire EMSC coordinator Board may establish EMSC standards, protocols, and training programs Abolish EMS for Children Committee Repeal annual report requirement.
EMS/Trauma Systems Definition	Broadly defines the scope of EMS and trauma care systems to include public access, dispatch, initial response, transportation, hospitals, personnel, and public education.	Hospitals and medical facilities excluded from EMS system definition in current statute Maintains voluntary trauma center standards in statute but deletes rest of trauma program
EMS Matching Grants	Cabinet establishes rules; administers program Ambulance and equipment grants up to $25,500 Personnel grants up to $10,000	Board establishes rules and standards Two current programs (ambulances/equipment and personnel) combined into single program Funding based upon state EMS plan's priorities Maximum per county set at $25,000
EMTs	Cabinet establishes rules and fees EMTs certified by the Cabinet Requires new EMTs to hold NREMT Cabinet sets minimum recertification requirements except NREMT required for EMTs certified since 1997 Scope of practice set by Cabinet through regulation	Board establishes rules and fees EMTs continue to be certified Requires new EMTs to hold NREMT Sets minimum continuing education requirements for re-certification at 24 hours NREMT optional for Kentucky recertification after initial certification Scope of practice set by Board
Paramedics	KBML establishes rules and fees Paramedics are certified, not licensed Scope of practice set by KBML Performance of ALS skills and procedures on approval of medical director (protocols, etc.)	Board of EMS establishes rules and fees Paramedics would be licensed, not certified Scope of practice based on NSC plus additional procedures authorized by the Board; performance of skills at "discretion" of medical advisor Employer may limit scope for service May draw blood samples for police if approved by employer and medical director
Disciplinary actions against EMTs, paramedics, and EMS providers	Disciplinary actions against EMTs and paramedics involve individual only Cabinet has authority to establish disciplinary rules through regulation as established in KRS 13B	Employer and medical director shall be parties to any disciplinary action against paramedics Range of actions expanded to include private and public reprimands and fines
EMS Data	Ambulance data reported to Cabinet as defined in administrative regulation (monthly submission) EMS data defined as confidential Annual summary report prepared and forwarded to KBML	Ambulance data reported to Board through either electronic submission or annual report Data not subject to open records law or discovery Annual report to Governor and General Assembly
Medicaid	No mention although Kentucky EMS Council may "advise" the Cabinet on reimbursement issues	Section mandating increased Medicaid reimbursement deleted in final version enacted
All health insurance plans	No mention	Mandates coverage of EMS and supplies based on "prudent layperson" standard without prior authorization
Motor vehicle insurance	No mention	Includes "licensed ambulance services" in the definition of "medical expense" covered by motor vehicle insurance policies
EMS funding	No specific authorization. "The cabinet shall... make available to the lead emergency medical services agency necessary staff and funds..." Current fiscal year funding is $2.9 million, not including Kentucky Poison Center contract of $1 million.	No specific funding authorization. (Editor's note: expected to be $2,805,000 for Fiscal Year 2001 and $3,752,800 for Fiscal Year 2002)
Implementation schedule	N/A	9/1/00: Kentucky Board of EMS appointed by Governor 11/1/00: Executive director and essential staff to be hired 1/1/01: Earliest date for the Board to assume EMS functions from the Cabinet and the Kentucky Board of Medical Licensure 4/1/01: Latest date for the Board to assume EMS functions All EMS functions remain the duty of the Cabinet and KBML until transferred to the Board

BACK TO NEWS INDEX

BACK TO MAIN INDEX

Copyright � 2000 The Kentucky EMS Connection. All rights reserved. News stories may be copyrighted by another organization. Original material may be reproduced provided source is credited.