[Kentucky EMS Connection]

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September 10, 1999

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KAPA finalizes EMS 2000 Initiative

By JOHN HULTGREN
Kentucky EMS Connection

OWENSBORO — The Kentucky Ambulance Providers Association finished writing their EMS 2000 Initiative at a special meeting this morning in Owensboro.

The draft document was presented to the membership last night at KAPA's annual meeting (see related article).

Due to concerns that were raised after the draft was reviewed, a special meeting was held this morning that produced the following changes:

  • Board composition: change "representative of a public education entity which provides statewide EMS educational services to "representative of a Kentucky college or university which provides EMS educational services."
  • Vehicle registration fee: increase from $3.00 to $5.00.
  • Training incentive: broaden the eligibility to EMTs employed by private non-profit Class I services that contract as a primary ambulance servie to a unit of government.

The full text of the document appears below.


EMS 2000 Initiative Draft for Comment by KAPA Members
9/10/99

Kentucky Board of Emergency Services

Create a new state board that has regulatory authority over all aspects of EMS systems. This board shall be properly funded and staffed with qualified EMS personnel.

The functions of the KBML, as they relate to Paramedics and EMTs, will be transferred to this new board.

The functions of the Cabinet for Health Service, as related to First Responders, EMTs, Dispatchers, ambulance services and training institutions shall be transferred to the new board. Essentially, if it deals with EMS, the new board will have statutory authority to act and regulate.

The new board shall have the authority to institute fees, investigate, conduct hearings, discipline, suspend, revoke certifications and licenses and impose fines against individuals or agencies governed by the board. It shall also have the authority to enter into contracts and apply for grants and federal moneys and to disburse grants to local units of government and entities as approved by the General Assembly.

EMS related functions of the Board of Certificate of Need will be transferred to the EMS Board. The EMS Board will utilize an Administrative Law Judge for the CON review process. Licenses will be granted only upon a demonstrated need and must have the approval of the affected local units of government (City &/or County).

The new board shall consist of fifteen (15) persons appointed by the Governor. The EMS Board will be made up of the following persons:

  • 1 Paramedic not serving in an educational, management or supervisory capacity.
  • 1 Emergency Medical Technician - Basic not serving in an educational, management or supervisory capacity.
  • 1 EMT-First Responder not serving in an educational, management or supervisory capacity.
  • 1 Physician having a primary practice in the delivery of emergency medical care.
  • 1 Citizen having no direct involvement in the delivery of medical or emergency services.
  • 1 Representative of a Kentucky college or university which provides EMS educational services.
  • 1 Mayor of a city that operates, either directly or through contract services, a licensed Class I ambulance service.
  • 1 County Judge Executive from a county that operates, either directly or through contract services, a licensed Class I ambulance service.
  • 1 Chief Operating Officer of a Volunteer staffed, licensed Class I ambulance service.
  • 1 Chief Operating Officer of a Fire Service based, licensed Class I ambulance service.
  • 1 Chief Operating Officer of a hospital based, licensed, Class I ambulance service.
  • 1 Chief Operating Officer of a private, licensed, Class I ambulance service.
  • 1 Chief Operating Officer of a licensed Class I ambulance service operated by a unit of government not described above.
  • A member of the Kentucky House of Representatives shall serve as an ex-officio member.
  • A member of the Kentucky Senate shall serve as an ex-officio member.

The board shall meet a minimum of six (6) times each year. Initial term for the first seven (7) members is three (3) years. Terms for the remaining eight (8) members is two (2) years. Reappointments shall be for a two (2) year term. A board member shall not serve more than three (3) consecutive terms.

The board may establish committees and sub-committees as necessary. Members of these committees and sub-committees may include non-board members.

Members of the Board and of all committees shall be reimbursed for their actual expenses when carrying out official duties of the Board.

The board shall employ an Executive Director, office and field staff. The minimum qualifications of the Executive Director will be spelled out in the statute. The executive director shall serve at the pleasure of the Board. The executive director shall be responsible for the supervision and operations of all staff members.

The board shall employ an Attorney for work on a full time basis. The attorney shall report to and serve at the pleasure of the Board.

The board shall employ or contract with a physician. This physician shall serve as the state medical director. The physician shall report to and serve at the pleasure of the board.

The board shall be funded by the General Assembly imposing a $5.00 fee on all vehicle registrations. This fee will be used exclusively for funding the activities of the EMS Board and grants and other incentives to local governments or other providers of emergency medical services.

Issues Related to Paramedic's and EMT's Scope of Practice

Paramedics and Emergency Medical Technicians shall be licensed. They shall function under the guidelines or work rules of their employer.

Paramedics and Emergency Medical Technician-Basics shall function in both emergency and non-emergency out-of hospital situations.

Issues Relating to Reimbursement

Insurance programs operated or regulated by the Commonwealth of Kentucky shall reimburse licensed ambulance services for services provided and supplies used. Payment for services shall not be tied or otherwise restricted to the transport of an ill or injured person.

Include the "prudent lay-person" definition for "emergency."

Require auto insurance carriers to pay for ambulance bills.

The Kentucky Medicaid program to reimburse ambulance providers at a rate equal to that established by the federal Health Care Finance Agency for Medicare reimbursement.

Issues Related to Quality Assurance Programs

The activities of a quality assurance programs shall be non-discoverable in civil cases.

Training

The EMS Board shall establish standards for and certify training institutions or other organizations to conduct EMS education and training programs.

Issues Relating to "Senate Bill 66" Funding

Funding under this grant process will be re-written to replicate the process currently utilized by the Kentucky State Fire Commission grant program. The current source of funds shall remain. They may be supplemented by other funds available to the Board.

Issues Related to Registered Nurses

Clarify that Registered Nurses may be employed and permitted to function on licensed Class I and Class III ambulances at both the basic and advanced level without the presence of a Paramedic being required.

Issued Related to Unfunded Mandates

The Kentucky Board of EMS shall not increase the requirements of Class I, Class III or aeromedical ambulance services or persons licensed or certified by the Board without providing moneys to fund the new requirements.

Training Incentive Fund

Establish, operate and maintain a statewide training incentive fund to provide $3,000.00 annually to:

  • Paramedics and EMTs employed by a Kentucky unit of government (including EMS Tax District boards) that operates a licensed, Class I ambulance service, and
  • Paramedics and EMTs employed by a private, non-profit licensed, Class 1 ambulance service that serves as the primary emergency ambulance service under contract to a Kentucky unit of government (including EMS Tax District boards).

The language for this issue shall mimic current statutory language.

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