{"data":{"id":"us-ky/krs-311a.055","jurisdiction":"us-ky","citation":"KRS 311A.055","heading":"Complaint of violation of chapter -- Investigation -- Transfer of","body":"ambulance service complaints and investigations -- Notification -- Preliminary\ninquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual contact with\npatient -- Confidentiality.\n(1) In accordance with the provisions of KRS Chapter 13B, all discipline for which the\nboard is authorized to conduct investigations, hold hearings, and impose\npunishments is delegated to the executive director, state medical advisor, board\nattorney, and hearing panels as provided herein, except that investigations and\nhearings for ambulance services licensed under KRS 311A.030 shall be conducted\nby the Cabinet for Health and Family Services in accordance with KRS 216B.106.\nThe board shall immediately transfer all complaints submitted regarding ambulance\nservices licensed under KRS 311A.030 to the cabinet and the cabinet shall submit\nfindings and recommendations to the board for all complaints submitted by the\nboard.\n(2) Any person may make a complaint to the executive director that an entity licensed\nor certified by the board, emergency medical services personnel, or any other person\nlicensed or certified by the board has violated a provision of this chapter, an\nadministrative regulation promu lgated pursuant to this chapter, protocol, practice\nstandard, or order of the board.\n(3) Each complaint shall:\n(a) Be made by telephone or in writing and may be submitted electronically, by\nfacsimile, or by mail;\n(b) Identify specifically the person or organization against whom the complaint is\nmade;\n(c) Set forth the facts relating to the violation alleged and any other supporting\ninformation that may have a bearing on the matter; and\n(d) Contain the name, address and zip code, day and work telephone numbe rs,\nfacsimile number if appropriate, e-mail address, if available, and the nature of\nthe complainant's relationship to the licensee.\n(4) The executive director of the board may, on behalf of the board, based on\nknowledge available to the office of the board, make a complaint against any person\nor organization regulated by the board in the same manner as provided in subsection\n(3) of this section.\n(5) (a) Except as provided by paragraph (b) of this subsection, upon receipt of a\ncomplaint, the executive direc tor shall assign the complaint to a staff\ninvestigator who shall investigate the complaint and shall make findings of\nfact and recommendations to the executive director who shall then convene a\npreliminary inquiry board.\n(b) If the complaint is pertaining to ambulance services licensed under KRS\n311A.030, the executive director shall transfer the complaint to the Cabinet\nfor Health and Family Services, in accordance with KRS 216B.106.\n(6) When the executive director assigns a complaint to a staff investigat or, he or she\nshall notify the person or organization against whom the complaint has been filed,\nthe employer of the emergency services personnel against whom the complaint has\nbeen filed, the emergency medical services medical director or mobile integrate d\nhealthcare program medical director for the organization against whom the\ncomplaint has been filed or that employs the emergency medical services personnel\nagainst whom the complaint has been filed, and any other person or organization\nspecified in this chapter.\n(7) The notification shall name the person or organization complained against, the\nviolations alleged, and the facts presented in the complaint and shall notify the\nperson or organization complained against, the employer, and the emergency\nmedical services or the mobile integrated healthcare program medical director of:\n(a) The fact that the complaint shall be answered, the steps for answering the\ncomplaint, and the action to be taken if the complaint is not answered;\n(b) The time frame and steps in the proceedings of a complaint;\n(c) The rights of the parties, including the right to counsel; and\n(d) The right to testify at any hearing.\n(8) Upon the failure of a license or certificate holder to respond to a written accusati on\nor to request a hearing within twenty (20) days after the sending of the accusation,\nthe accused shall be considered to have admitted the truth of the facts and the\ncircumstances in the allegation and appropriate discipline may be imposed.\n(9) The preliminary inquiry board shall consist of one (1) member of the board selected\nby the chair, and two (2) persons representing the same category of certification or\nlicensure as the defendant who are not members of the board appointed by the\nchairman of the board.\n(10) After reviewing the complaint and results of any investigation conducted on behalf\nof the board, the preliminary inquiry board shall consider whether the accusation is\nsufficient to remand the matter for a hearing as provided in this section and K RS\nChapter 13B. A majority vote of the members of the preliminary inquiry board shall\nbe necessary for action to either remand the matter for hearing or dismiss the\ncomplaint without hearing.\n(11) If the preliminary inquiry board dismisses the complaint, a ll parties notified\npreviously shall be notified of the action. If the preliminary inquiry board remands\nthe matter for a hearing, all parties notified previously shall be notified of the\naction.\n(12) Each proceeding to consider the imposition of a penalty  that the board is authorized\nto impose pursuant to this chapter shall be conducted in accordance with KRS\nChapter 13B.\n(13) A hearing panel for purposes of making a decision in any disciplinary matter shall\nconsist of one (1) physician who may be a member  of the board or who meets the\nqualifications of an emergency medical services medical director; one (1) person\nfrom the category of persons or organizations of the same class as the defendant;\nand the hearing officer, who shall not be involved in emergency medical services.\n(14) The hearing officer may issue subpoenas to compel the attendance of witnesses and\nthe production of documents in the conduct of an investigation. The subpoenas may\nbe enforced by any Circuit Court for contempt. Any order or subpoen a of the court\nrequiring the attendance and testimony of witnesses and the production of\ndocumentary evidence may be enforced and shall be valid anywhere in this state.\n(15) At all hearings the board attorney or, on request of the board, the Attorney Gener al\nof this state or one (1) of the assistant attorneys general designated shall appear and\nrepresent the board.\n(16) The emergency medical services provider or related employer of a person licensed\nor certified by the board and the emergency medical servic es medical director of\nsuch a person who is the defendant in a hearing shall be parties to the action and\nmay appear and testify in the matter at any deposition or hearing on the matter and\nmay propose conclusions of law, findings of fact, and penalties to the hearing panel.\n(17) To make a finding or recommend discipline, the two (2) members of the hearing\npanel who are not the hearing officer shall agree on the finding or discipline. In the\nevent of a tie vote, the hearing officer shall cast the deciding vote.\n(18) The final order in any disciplinary proceeding shall be prepared by the executive\ndirector and sent to all parties in the manner prescribed by law.\n(19) Any person or entity aggrieved by a final order of the board may appeal to the\nFranklin Circuit Court in accordance with the provisions of KRS Chapter 13B.\n(20) The only discipline that the board may impose against an emergency medical\nservices medical director is denial, suspension or withdrawal of the board's approval\nfor that person to serve as an emergency medical services medical director.\n(21) If the executive director substantiates that sexual contact occurred between a\nlicensee or certificate holder and a patient while the patient was under the care of or\nin a professional relationship with  the licensee or certificate holder, the license or\ncertification may be revoked or suspended with mandatory treatment of the person\nas prescribed by the executive director. The executive director may require the\nlicensee or certificate holder to pay a spe cified amount for mental health services\nfor the patient which are needed as a result of the sexual contact.\n(22) Except as specified in this section, all board proceedings, including the complaint,\nanswer, and other records relating to a disciplinary proceeding, shall be confidential\nuntil a final determination is made by the board, except:\n(a) The board may turn over to the Attorney General, the United States Attorney,\nCommonwealth's attorney, or county attorney of the jurisdiction in which the\noffense al legedly occurred, evidence that may be used in criminal\nproceedings; and\n(b) If the complainant or alleged violator publicly discloses the existence of a\npreliminary inquiry, the board may publicly confirm the existence of the\ninquiry and, in its discretio n, make public any documents that were issued to\neither party.","path":["KRS Chapter 311A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52868","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:07Z","sha256":"4245fad363c6b19500e92462c4facc6200ad0e334e853d167e4623800a10dd71","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311a.050","next":"us-ky/krs-311a.060"},"notice":"GroundRules: Original legal text. Not legal advice."}