KBEMS Legal Services

Hearings and Discipline

The Kentucky Board of Emergency Medical Services is not only responsible for the certification and licensure of agencies and personnel, it is also the body that takes disciplinary action based on KRS 311A.060. 

These actions are based upon violations of a “statute, administrative regulation, protocol, or practices standard relating to serving as an entity regulated by the board.” 

All entities may face the sanctions contained in KRS 311A.060(2)(a)-(l) if it is determined a violation has occurred. 

If you have questions about the statute or due process as an EMS provider, contact kbemslegal@kctcs.edu or call (859) 256-3565.

Upcoming Legal Hearings:

KBEMS Events Page

Preliminary Inquiry Board (PIB)

Upon receipt of a properly completed complaint, the executive director shall assign the complaint to a staff investigator who shall investigate the complaint and shall make findings of fact and recommendations to the executive director who shall then convene a preliminary inquiry board.

PIB Membership:

The preliminary inquiry board shall consist of the following members:

  • One (1) member of the board selected by the chair
  • Two (2) persons representing the same category of certification or licensure as the defendant who are not members of the board appointed by the chairman of the board.

After reviewing the complaint and results of any investigation conducted on behalf of the board, the preliminary inquiry board shall consider whether the accusation is sufficient to remand the matter for a hearing as provided in this section and KRS Chapter 13B. A majority vote of the members of the preliminary inquiry board shall be necessary for action to either remand the matter for hearing or dismiss the complaint without hearing.

If the preliminary inquiry board dismisses the complaint, all parties notified previously shall be notified of the action. If the preliminary inquiry board remands the matter for a hearing, all parties notified previously shall be notified of the action.

 

Immediate Temporary Suspension

Please see the Events Section of our website to see any pending hearings.

Immediate Temporary Suspension (ITS) hearings are held if there is a concern that a Licensed or Certified responder in Kentucky has allegedly committed an act that the Board deems necessary to suspend license or certification.

The Immidiate Temporary Suspension Panel is composed of the following persons:

  • The state medical advisor
  • Physician board member selected by the chair of the board
  • Member of the board of the same category of licensure or certification as the defendant selected by the chair of the board.

This panel may determine that immediate temporary suspension of a license or certification of a natural person against which disciplinary action or an investigation is pending is necessary in order to protect the public.

If the defendant is employed by an emergency medical services provider, the input of the employer's emergency medical services medical director shall be sought with regard to the matter.

In the event of an action against an organization, the determination that an immediate temporary suspension is necessary in order to protect the public shall be made by the state medical advisor, and two (2) other members of the board who are appointed by the chair of the board. When this action may be necessary, the executive director, in writing, shall issue an emergency order suspending the licensee or certificate holder. Upon appeal of an emergency order, an emergency hearing shall be conducted in accordance with KRS 13B.125.

(2) No board member shall be disqualified from serving on a disciplinary action hearing panel for the reason that he or she has previously sat on a hearing panel considering temporary suspension of the same license.

(3) Disciplinary actions in which a license or certification has been temporarily suspended and a hearing shall be held in accordance with KRS 13B.125 within ninety (90) days unless the defendant requests an extension of time.

(4) The order of immediate temporary suspension shall remain in effect until either retracted or superseded by final disciplinary action by the office of the board. In cases where disciplinary action is imposed, the office of the board may additionally order that the temporary suspension continue in effect until the later expiration of time permitted for appeal or termination of the appellate process.