KBEMS Legal Services

Advisory Opinions

The Kentucky Board of Emergency Medical Services may issue an Advisory Opinion upon formal request for one. Advisory Opinions are governed by KRS 311A.040 and 202 KAR 7:055. Once an individual or organization requests a formal Advisory Opinion, KBEMS, upon recommendation from legal counsel, will either issue or decline to issue an opinion. If the Board moves to issue an Advisory Opinion, that opinion is binding upon the Board and all of its certified or licensed providers. Requests for Advisory Opinions follow specific statutory and regulatory requirements. As indicated previously, those requirements may be found at KRS 311A.040 and 202 KAR 7:055. By statute, KBEMS is required to make available all Advisory Opinions.

The Board recently moved for a legal review of all opinions in effect at this time. We will continue to update this site as Opinions are reviewed and voted on by the board.  

If you believe you would like to request an Advisory Opinion or have other questions, please feel free to contact the KBEMS office for more information. You may contact us at kbemslegal@kctcs.edu or (859) 256-3565.

Current Advisory Opinions:

Reference   Number  Date Issue Presented 
KBEMS 2011-001

May 19, 2011

 

When is it permissible for an out-of-county service to engage in nonemergency transports in a geographic area undefined by their CON?
KBEMS 2013-001 July 15, 2013

Whether Class I ground ambulance services may refuse to provide basic life support (BLS), advanced life support (ALS), or medically necessary transportation for indigent patients in emergency situations if there is no one to guarantee payment.

 

KBEMS 2015-001 August 18, 2015

Does EMTALA require a referring hospital to provide appropriate medical staff (Physicians, Nurses, Respiratory Therapists, etc.) during an interfacility transfer of a patient requiring an advanced level of care, when only a “Basic Life Support” ambulance is available?

Are Kentucky regulations on “minimum staffing guidelines” preempted by EMTALA in the case of an interfacility transfer to allow a medical provider who is not employed by the licensed ambulance agency to provide the highest level of care while on board the licensed ambulance?