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August 29, 2000

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You're in good standing, but is your association?

By JOHN HULTGREN
Kentucky EMS Connection

LOUISVILLE — You pay your dues and attend association meetings, so as a member you're considered in good standing. But is your EMS association in good standing with the state of Kentucky?

A recent check of corporation records with the Kentucky Secretary of State's office showed that, in general, Kentucky's EMS associations aren't in good standing and most are not registered as corporations with the state.

The Kentucky Ambulance Providers Association, Inc. was dissolved by the Secretary of State last year. KAPA registered as a non-profit Kentucky corporation in 1982. Their last annual report was filed on July 29, 1998. The Secretary of State office dissolved the corporation on Nov. 2, 1999 for failing to file an annual report.

The Kentucky Emergency Medical Technicians Association, Inc., was dissolved by the Secretary of State in 1987. KEMTIA registered as a non-profit Kentucky corporation in 1978. Their last annual report was filed on July 1, 1982. The Secretary of State office dissolved the corporation on Oct. 15, 1987 for failing to file an annual report.

No records of incorporation were found for the following Kentucky EMS associations:

  • Association of Air Medical Services, Kentucky Chapter
  • Kentucky Association of EMS Educators
  • Central Kentucky EMS Alliance
  • Emergency Nurses Association, Kentuckiana Chapter.

The West Kentucky Emergency Medical Services Association, Inc. and the Kentucky Association of Emergency Medical Technicians are both listed by the Secretary of State office as active and in good standing.

The Ohio Valley EMS Association is still in it's formative stage and has not written by-laws yet.

It is generally considered a good practice to incorporate an association because it places a legal barrier that helps separate the personal liability of individual association officers from that of the corporation.

But are associations legally required to incorporate? That's a question that isn't easily answered.

"We cannot tell you that you have to register," said a supervisor in the Kentucky Secretary of State's office today by phone. "We are not an enforcement agency."

But other association founders say they were told by the Secretary of State's office that they could not accept mail or money until they were incorporated, and that incorporation is required to obtain a Kentucky sales tax exemption number.

Some associations even have employees (usually a secretary) who are paid, which may require tax withholding and forms to be filed. And KEMTIA has held a contract with the Cabinet for Health Services for EMT testing for years.

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