Session of 2000
SENATE BILL No. 509
By Committee on Ways and Means
1-27
9 AN ACT
concerning the emergency medical services board; relating to
10 the powers and duties
thereof; relating to attendants, instructor-co-
11 ordinators and
training officers; amending K.S.A. 65-6128 and K.S.A.
12 1999 Supp. 65-6129,
65-6129b and 65-6129c and repealing the existing
13 sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 65-6128 is hereby amended to read as follows:
65-
17 6128. (a) A permit shall not be
issued to an operator unless the board
18 finds the ambulance service is or will be
staffed and equipped in accord-
19 ance with the rules and regulations
promulgated by the board pursuant
20 to K.S.A. 65-6110, and amendments
thereto. If the board determines that
21 an applicant is not qualified, such
applicant shall be notified of the denial
22 of such application with a statement of the
reasons for such denial. The
23 applicant may reapply upon submission of
evidence that the disqualifying
24 factor alleged by the board has been
corrected. No fee shall be required
25 for the first reapplication made if it is
submitted to the board within one
26 year of the date of the denial of the
application.
27 (b) A
permit to operate an ambulance service shall be valid for
the
28 calendar year for which it is
issued one year as determined by the board
29 and may be renewed upon payment of a
permit fee in the amount fixed
30 by the board pursuant to K.S.A.
65-6127, and amendments thereto.
31 (c) At
least once each month, all fees received pursuant to the pro-
32 visions of this section shall be remitted
to the state treasurer. Upon receipt
33 of each such remittance, the state
treasurer shall deposit the entire
34 amount thereof in the state treasury. Each
such deposit shall be credited
35 to the state general fund.
36 Sec.
2. K.S.A. 1999 Supp. 65-6129 is hereby amended to read as
37 follows: 65-6129. (a) Application for an
attendant's certificate shall be
38 made to the board upon forms provided by
the administrator. The board
39 may grant an attendant's certificate if the
applicant meets the following
40 requirements:
41 (1) (A) Has
made application within one year from the date of the
42 last class of an appropriate course of
instruction for the classification of
43 attendant's certificate for which
application has been made; and
2
1 (B) has
completed successfully such course of instruction, passed an
2 examination prescribed by the board
and paid a fee prescribed by the
3 board; or
4 (2) has
completed successfully a course of instruction or training ac-
5 credited by the joint review
committee commission on accreditation of
6 allied health education programs, a
program of instruction or training
7 offered by the armed forces of the
United States or a program of instruc-
8 tion completed in another state that
is equivalent to a program approved
9 by the board for the class of
attendant's certificate applied for, passed an
10 examination prescribed by the board and
paid a fee prescribed by the
11 board.
12 (b) An attendant
applying for an emergency medical technician's cer-
13 tificate shall have completed successfully
a course of training, approved
14 by the board, in preliminary emergency
medical care. An attendant ap-
15 plying for a mobile intensive care
technician's certificate shall have com-
16 pleted successfully a course of training,
approved by the board, which
17 shall include, but not be limited to,
didactic and clinical experience in a
18 hospital and in an emergency vehicle unit.
An attendant applying for an
19 emergency medical technician-intermediate
certificate shall be certified
20 as an emergency medical technician and
shall have completed successfully
21 a course of training, approved by the
board, which shall include training
22 in veni-puncture for blood sampling and
administration of intravenous
23 fluids and advanced patient assessment. An
attendant applying for an
24 emergency medical technician-defibrillator
certificate shall be certified
25 as an emergency medical technician and
shall have completed successfully
26 a training program approved by the
board.
27 (c) An
attendant's certificate shall be valid through December 31
of
28 the year following the date of its
initial issuance and expire on December
29 31, 2000, and may be renewed as provided
in this section. On and after
30 January 1, 2001, a certificate shall
expire on the date prescribed by the
31 board. An attendant's certificate
may be renewed thereafter for a period
32 of one year for each renewal
for two years upon payment of a fee as
33 prescribed by rule and regulation of the
board and upon presentation of
34 satisfactory proof that the attendant has
successfully completed continu-
35 ing education as provided in this
subsection. Attendants shall complete
36 not less than eight hours of
continuing education as prescribed and ap-
37 proved by the board for each full
calendar year that has elapsed since the
38 certification or the last renewal
thereof prescribed by the board.
39 (d) The emergency
medical services board may issue a temporary
40 certificate to any person who has not
qualified for an attendant's certifi-
41 cate under paragraph (1) or (2) of
subsection (a) when:
42 (1) The operator
for whom such person serves as an attendant re-
43 quests a temporary certificate for that
person; and
3
1 (2) such
person meets or exceeds certain minimum requirements
2 prescribed by the board by rules and
regulations.
3 A temporary
certificate shall be effective for one year from the date of
4 its issuance or until the person has
qualified as an attendant under par-
5 agraph (1) or (2) of subsection (a),
whichever comes first. A temporary
6 certificate shall not be renewed and
shall be valid only while an attendant
7 works for the operator requesting the
temporary certificate. A person
8 holding a temporary certificate as an
emergency medical technician shall
9 not be eligible to apply for
certification as an emergency medical tech-
10 nician-intermediate, emergency medical
technician-defibrillator or a mo-
11 bile intensive care technician.
12 (e) At least once
each month all fees received pursuant to the pro-
13 visions of this section shall be remitted
to the state treasurer. Upon receipt
14 of each such remittance, the state
treasurer shall deposit the entire
15 amount thereof in the state treasury to the
credit of the state general
16 fund.
17 (f) If a person
who was previously certified as an attendant applies
18 for an attendant's certificate within two
years of the date of its expiration,
19 the board may grant a certificate without
the person completing a course
20 of instruction or passing an examination if
the person has completed con-
21 tinuing education requirements and has paid
a fee prescribed by rules
22 and regulations.
23 Sec.
3. K.S.A. 1999 Supp. 65-6129b is hereby amended to read as
24 follows: 65-6129b. (a) Application for an
instructor-coordinator's certifi-
25 cate shall be made to the board upon forms
provided by the administrator.
26 The board may grant an
instructor-coordinator's certificate to an atten-
27 dant who: (1) Has served as an attendant in
the emergency medical serv-
28 ices field during the preceding 12 months
prior to applying for such cer-
29 tificate; (2) has made application within
one year after successfully
30 completing the training, approved by the
board, in instructing and coor-
31 dinating attendant training programs; (3)
has passed an examination pre-
32 scribed by the board; and (4) has paid a
fee as prescribed by rules and
33 regulations of the board.
34 (b) The board may
grant an instructor-coordinator's certificate to a
35 physician or a professional nurse who: (1)
Has made application within
36 one year after successfully completing the
training, approved by the
37 board, in instructing and coordinating
attendant training programs; (2)
38 has passed an examination prescribed by the
board; and (3) has paid a
39 fee as prescribed by rules and regulations
of the board.
40 (c) An
instructor-coordinator's certificate shall be valid through
De-
41 cember 31 of the year following the
date of its initial issuance and expire
42 on the expiration date of the
attendant's certificate if the instructor-co-
43 ordinator is an attendant or on the
expiration date of the physician's or
4
1 professional nurse's license if
the instructor is a physician or professional
2 nurse. An instructor-coordinator's
certificate may be renewed thereafter
3 for a period of one year for
each renewal for for the same period as the
4 attendant's certificate or the
physician's or professional nurse's license
5 upon payment of a fee as
prescribed by rule and regulation of the board
6 and upon presentation of
satisfactory proof that the instructor-coordina-
7 tor has successfully completed
continuing education as provided in this
8 subsection.
Instructor-coordinators shall complete not less than
eight
9 hours of continuing education
as prescribed and approved by the emer-
10 gency medical services board for
each full calendar year that has elapsed
11 since the certification or the last
renewal thereof prescribed by the board.
12 (d) An
instructor-coordinator's certificate may be denied,
revoked,
13 limited, modified or suspended by the
board or the board may refuse to
14 renew such certificate if such
individual:
15 (1) Does not
hold an attendant's certificate or a physician's or pro-
16 fessional nurse's license;
17 (2) has made
misrepresentations intentionally in obtaining a certifi-
18 cate or renewing a certificate;
19 (3) has
demonstrated incompetence or engaged in unprofessional con-
20 duct as defined by rules and regulations
adopted by the board;
21 (4) has
violated or aided and abetted in the violation of any
provision
22 of this act or rules and regulations
adopted by the board; or
23 (5) has been
convicted of any state or federal crime that is related
24 substantially to the qualifications,
functions and duties of an instructor-
25 coordinator or any crime punishable as a
felony under any state or federal
26 statute, and the board determines that
such individual has not been suf-
27 ficiently rehabilitated to warrant the
public trust. A conviction means a
28 plea of guilty, a plea of nolo
contendere or a verdict of guilty. The board
29 may take disciplinary action pursuant to
this section when the time for
30 appeal has elapsed, or after the
judgment of conviction is affirmed on
31 appeal or when an order granting
probation is made suspending the im-
32 position of sentence.
33 (e) The board
may limit, modify, revoke or suspend a certificate or
34 the board may refuse to renew such
certificate in accordance with the
35 provisions of the Kansas administrative
procedure act.
36 (d)
(f) At least once each month, all fees received
pursuant to this
37 section shall be remitted to the state
treasurer. Upon receipt of each such
38 remittance, the state treasurer shall
deposit the entire amount thereof in
39 the state treasury to the credit of the
state general fund.
40 (e)
(g) If a person who was previously certified as an
instructor-co-
41 ordinator applies for an
instructor-coordinator certificate within two years
42 of the date of its expiration, the board
may grant a certificate without the
43 person completing the training or passing
an examination if the person
5
1 complies with the other provisions of
subsection (a) or (b) and completes
2 continuing education requirements
prescribed by the board.
3 Sec.
4. K.S.A. 1999 Supp. 65-6129c is hereby amended to read as
4 follows: 65-6129c. (a) Application
for a training officer's certificate shall
5 be made to the emergency medical
services board upon forms provided
6 by the administrator. The board may
grant a training officer's certificate
7 to an applicant who: (1) Is an
emergency medical technician, emergency
8 medical technician-intermediate,
emergency medical technician-defibril-
9 lator, mobile intensive care
technician, physician or professional nurse;
10 (2) successfully completes an initial
course of training approved by the
11 board; (3) passes an examination prescribed
by the board; (4) is appointed
12 by a provider of training approved by the
board; and (5) has paid a fee
13 established by the board.
14 (b) A training
officer's certificate shall be valid through December
31
15 of the year following the date of
its initial issuance and expire on the
16 expiration date of the attendant's
certificate if the training officer is an
17 attendant or on the expiration date of
the physician's or professional
18 nurse's license if the training officer
is a physician or professional nurse.
19 A training officer's certificate may
be renewed thereafter for a period of
20 one year as prescribed by the board
for for the same period as the atten-
21 dant's certificate or the physician's or
professional nurse's license upon
22 payment of a fee as prescribed by
rules and regulations and upon pres-
23 entation of satisfactory proof that the
training officer has successfully
24 completed continuing education prescribed
by the board and is certified
25 as an emergency medical technician,
emergency medical technician-in-
26 termediate, emergency medical
technician-defibrillator, mobile-intensive
27 care technician, physician or professional
nurse.
28 (c) A training
officer's certificate may be denied, revoked, limited,
29 modified or suspended by the board
or the board may refuse to renew
30 such certificate in accordance with
the Kansas administrative procedures
31 act upon any of the following
conditions: (1) Failure if such
individual:
32 (1) Fails
to maintain certification or licensure as an emergency med-
33 ical technician, emergency medical
technician-intermediate, emergency
34 medical technician-defibrillator, mobile
intensive care technician, physi-
35 cian or professional nurse;
36
(2) withdrawal of fails to maintain
support of appointment by a pro-
37 vider of training; or
38
(3) failure fails to successfully
complete continuing education.;
39 (d) A
training officer's certificate may be denied, revoked,
limited,
40 modified or suspended by the board
or the board may refuse to renew
41 such certificate upon proof that
such individual:
42 (1)
(4) has made intentional misrepresentations in
obtaining a certif-
43 icate or renewing a certificate;
6
1
(2) (5) has demonstrated incompetence
or engaged in unprofessional
2 conduct as defined by rules and
regulations adopted by the board;
3
(3) (6) has violated or aided and
abetted in the violation of any pro-
4 vision of this act or the rules and
regulations promulgated by the board;
5 or
6
(4) (7) has been convicted of any
state or federal crime that is related
7 substantially to the qualifications,
functions and duties of a training officer
8 or any crime punishable as a felony
under any state or federal statute and
9 the board determines that such
individual has not been sufficiently re-
10 habilitated to warrant public trust.
A conviction means a plea of guilty, a
11 plea of nolo contendere or a verdict of
guilty. The board may take disci-
12 plinary action pursuant to this section
when the time for appeal has
13 elapsed, or after the judgment of
conviction is affirmed on appeal or when
14 an order granting probation is made
suspending the imposition of
15 sentence.
16 (d) The board
may revoke, limit, modify or suspend a certificate or
17 the board may refuse to renew such
certificate in accordance with the
18 provisions of the Kansas administrative
procedure act.
19 (e) If a person
who previously was certified as a training officer ap-
20 plies for a training officer's certificate
within two years of the date of its
21 expiration, the board may grant a
certificate without the person com-
22 pleting an initial course of training or
taking an examination if the person
23 complies with the other provisions of
subsection (a) and completes con-
24 tinuing education requirements.
25 Sec. 5. K.S.A. 65-6128 and
K.S.A. 1999 Supp. 65-6129, 65-6129b and
26 65-6129c are hereby repealed.
27 Sec. 6. This act shall
take effect and be in force from and after its
28 publication in the statute book.