PROPOSED LEGISLATION



THE STATE OF KENTUCKY
BILL TEXT


2008 KY H.B. 40

KENTUCKY 2008 REGULAR SESSION

HOUSE BILL 40

BILL TRACKING REPORT: 2008 Bill Tracking KY H.B. 40

2008 Bill Text KY H.B. 40

VERSION: Introduced

VERSION-DATE: January 8, 2008

SYNOPSIS: AN ACT relating to personal emergency response systems.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> AS USED IN SECTIONS 1 TO 17 OF THIS ACT: <A]

[A> (1) "ALARM SYSTEM" MEANS ELECTRONIC EQUIPMENT AND DEVICES DESIGNED TO ACT
AS A PERSONAL EMERGENCY RESPONSE SYSTEM; <A]

[A> (2) "BOARD" MEANS THE KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES; <A]

[A> (3) "BRANCH OFFICE" MEANS AN OFFICE THAT IS: <A]

[A> (A) IDENTIFIED TO THE PUBLIC AS A PLACE FROM WHICH BUSINESS IS CONDUCTED,
SOLICITED, OR ADVERTISED; AND <A]

[A> (B) AT A PLACE OTHER THAN THE PRINCIPAL PLACE OF BUSINESS AS SHOWN IN
BOARD RECORDS; <A]

[A> (4) "FINANCIAL INSTITUTION" MEANS A STATE OR NATIONAL BANK, TRUST
COMPANY, SAVINGS AND LOAN ASSOCIATION, OR CREDIT UNION; <A]

[A> (5) "MANAGER" MEANS AN OFFICER OR SUPERVISOR OF A CORPORATION OR A
GENERAL PARTNER OF A PARTNERSHIP WHO MANAGES A PERSONAL EMERGENCY RESPONSE
SYSTEM PROVIDER; <A]

[A> (6) "PERSON" MEANS ANY BUSINESS, INDIVIDUAL, ORGANIZATION, OR GROUP OF
INDIVIDUALS; <A]

[A> (7) "PERSONAL EMERGENCY RESPONSE SYSTEM" MEANS AN ALARM SYSTEM THAT IS:
<A]

[A> (A) INSTALLED IN THE RESIDENCE OF A PERSON; <A]

[A> (B) MONITORED BY AN ALARM SYSTEMS COMPANY; <A]

[A> (C) DESIGNED ONLY TO PERMIT THE PERSON TO SIGNAL THE OCCURRENCE OF A
MEDICAL OR PERSONAL EMERGENCY ON THE PART OF THE PERSON SO THAT THE ALARM
SYSTEM
PROVIDER MAY DISPATCH APPROPRIATE AID; AND <A]

[A> (D) NOT PART OF A COMBINATION OF ALARM SYSTEMS THAT INCLUDES A BURGLAR
ALARM OR FIRE ALARM; AND <A]

[A> (8) "PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER" MEANS A PERSON WHO
SELLS, INSTALLS, SERVICES, MONITORS, OR RESPONDS TO A PERSONAL EMERGENCY
RESPONSE SYSTEM. <A]

SECTION 2. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> FOR SECTIONS 1 TO 17 OF THIS ACT, THE BOARD SHALL: <A]

[A> (1) PERFORM THE PRESCRIBED FUNCTIONS AND DUTIES TO SUPERVISE AND CONTROL
LICENSEES, CERTIFICATE HOLDERS, AND THE PERSONAL EMERGENCY RESPONSE SYSTEM
INDUSTRY, INCLUDING THE PROMULGATION OF NECESSARY ADMINISTRATIVE REGULATIONS;
<A]

[A> (2) ESTABLISH NECESSARY ADMINISTRATIVE FEES, INCLUDING FEES FOR
PROCESSING AND ISSUING OR RENEWING A LICENSE OR CERTIFICATION; <A]

[A> (3) PRESCRIBE ALL REQUIRED FORMS; <A]

[A> (4) PRESCRIBE THE FORM OF A LICENSE, INCLUDING A BRANCH OFFICE LICENSE.
THE LICENSE SHALL AT A MINIMUM INCLUDE: <A]

[A> (A) THE NAME OF THE LICENSE HOLDER; <A]

[A> (B) THE NAME UNDER WHICH THE LICENSE HOLDER IS TO OPERATE; AND <A]

[A> (C) THE LICENSE NUMBER AND THE DATE THE LICENSE WAS ISSUED; <A]

[A> (5) DETERMINE TRAINING AND CONTINUING EDUCATION ATTENDANCE AND REPORTING
REQUIREMENTS FOR LICENSE AND CERTIFICATE HOLDERS; AND <A]

[A> (6) REQUIRE THE INCLUSION OF PERSONAL EMERGENCY RESPONSE SYSTEM DATA,
WHEN APPLICABLE, IN RUN REPORT FORMS DEVELOPED UNDER KRS 311A.190. <A]

SECTION 3. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) A PERSON MAY NOT ACT AS OR PERFORM THE SERVICES OF A PERSONAL
EMERGENCY RESPONSE SYSTEM PROVIDER UNLESS THE PERSON HOLDS A LICENSE ISSUED
UNDER SECTIONS 1 TO 17 OF THIS ACT. <A]

[A> (2) NO PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER SHALL BE LICENSED IN
THIS STATE REGARDING ANY SYSTEM THAT ALLOWS DIRECT VOICE-TO-VOICE
COMMUNICATION
BETWEEN THE PROVIDER AND THE PERSON SIGNALING THE OCCURRENCE OF A MEDICAL OR
PERSONAL EMERGENCY SO THAT THE PROVIDER MAY DISPATCH APPROPRIATE AID UNLESS:
<A]

[A> (A) THE EMERGENCY CONTACT LIST FOR THE DISPATCH OF AID INCLUDES EMERGENCY
911 TELEPHONE SERVICE AS THE DEFAULT PRIMARY CONTACT UNLESS OTHERWISE
INSTRUCTED
BY THE CUSTOMER; <A]

[A> (B) WHEN THE PERSON SIGNALS THE OCCURRENCE OF A MEDICAL OR PERSONAL
EMERGENCY, AND THE PROVIDER RECEIVES NO ORAL RESPONSE FROM THE PERSON AFTER
THE
PROVIDER INITIATES VOICE-TO-VOICE COMMUNICATION, THE PROVIDER AUTOMATICALLY
AND
IMMEDIATELY CONTACTS THE APPROPRIATE LOCAL EMERGENCY 911 TELEPHONE SERVICE
AVAILABLE FOR THE PERSON FIRST, IRRESPECTIVE OF ANY NORMAL CALL ORDER TO THE
CONTRARY IN THE PRIMARY SERVICE AGREEMENT; AND <A]

[A> (C) PERSONAL
EMERGENCY, AND THE PROVIDER RECEIVES NO ORAL RESPONSE FROM THE PERSON AFTER
THE
PROVIDER INITIATES VOICE-TO-VOICE COMMUNICATION, THE PROVIDER AUTOMATICALLY
AND
IMMEDIATELY CONTACTS THE APPROPRIATE LOCAL EMERGENCY 911 TELEPHONE SERVICE
AVAILABLE FOR THE PERSON FIRST, IRRESPECTIVE OF ANY NORMAL CALL ORDER TO THE
CONTRARY IN THE PRIMARY SERVICE AGREEMENT; AND <A]

[A> (C) AT LEAST ONCE EVERY THIRTY (30) DAYS, THE PROVIDER CONTACTS EITHER
THE CUSTOMER OR PERSONS ON THE CUSTOMER'S CONTACT LIST TO VERIFY THAT THE
CUSTOMER'S CONTACT LIST AND NUMBERS HAVE NOT CHANGED. <A]

SECTION 4. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> AN APPLICATION FOR A LICENSE UNDER SECTIONS 1 TO 17 OF THIS ACT SHALL BE
IN THE FORM PRESCRIBED BY THE BOARD AND SHALL INCLUDE: <A]

[A> (1) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT; <A]

[A> (2) THE NAME UNDER WHICH THE APPLICANT INTENDS TO DO BUSINESS; <A]

[A> (3) A STATEMENT AS TO THE GENERAL NATURE OF THE BUSINESS IN WHICH THE
APPLICANT INTENDS TO ENGAGE; <A]

[A> (4) IF THE APPLICANT IS AN ENTITY OTHER THAN AN INDIVIDUAL, THE FULL NAME
AND RESIDENCE ADDRESS OF EACH PARTNER, OFFICER, AND DIRECTOR OF THE APPLICANT,
AND OF THE APPLICANT'S MANAGER, SUBJECT TO SUBSECTION (8) OF THIS SECTION; <A]

[A> (5) A STATEMENT OF THE APPLICANT'S EXPERIENCE AND QUALIFICATIONS,
INCLUDING ANY RELEVANT VERIFICATION FROM PAST EMPLOYERS OR CREDENTIALING OR
TRAINING ENTITIES; <A]

[A> (6) A CRIMINAL BACKGROUND CHECK AS REQUIRED BY KRS 311A.100. THE
APPLICANT SHALL PAY THE COST OF THE BACKGROUND CHECK; <A]

[A> (7) OTHER INFORMATION, EVIDENCE, STATEMENTS, OR DOCUMENTS REQUIRED BY THE
BOARD; AND <A]

[A> (8) IF THE APPLICANT IS A LARGE ENTITY FOR WHICH THE PARTNERS, OFFICER,
DIRECTORS, OR SHAREHOLDERS WILL NOT BE DIRECTLY INVOLVED IN THE PROVISION OF
PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES, THE APPLICANT SHALL DESIGNATE AN
EMPLOYEE REPRESENTATIVE WHO IS DIRECTLY INVOLVED IN THE PROVISION OF PERSONAL
EMERGENCY RESPONSE SYSTEM SERVICES TO ACT AS THE AUTHORIZED AGENT FOR THE
APPLICANT. THIS AUTHORIZED AGENT SHALL MEET ALL OF THE REQUIREMENTS FOR
LICENSURE UNDER SECTIONS 1 TO 17 OF THIS ACT. <A]

SECTION 5. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) A LICENSE HOLDER SHALL NOTIFY THE BOARD IN WRITING OF THE
ESTABLISHMENT OF A BRANCH OFFICE AND FILE IN WRITING WITH THE BOARD THE
ADDRESS
OF THE BRANCH OFFICE. <A]

[A> (2) ON THE APPROVAL OF A LICENSE HOLDER'S APPLICATION, THE BOARD SHALL
ISSUE A BRANCH OFFICE LICENSE. <A]

SECTION 6. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) AN INDIVIDUAL APPLICANT FOR A LICENSE OR THE APPLICANT'S MANAGER
SHALL BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND SHALL NOT: <A]

[A> (A) HAVE BEEN CONVICTED IN ANY JURISDICTION OF A CLASS A MISDEMEANOR OR
EQUIVALENT OFFENSE OR A GREATER OFFENSE, UNLESS A FULL PARDON HAS BEEN GRANTED
FOR REASONS RELATING TO A WRONGFUL CONVICTION; <A]

[A> (B) HAVE BEEN CONVICTED IN ANY JURISDICTION OF A CLASS B MISDEMEANOR OR
EQUIVALENT OFFENSE FOR WHICH THE FIFTH ANNIVERSARY OF THE DATE OF CONVICTION
HAS
NOT ALREADY OCCURRED BEFORE THE DATE OF APPLICATION, UNLESS A FULL PARDON HAS
BEEN GRANTED FOR REASONS RELATING TO A WRONGFUL CONVICTION; <A]

[A> (C) HAVE BEEN FOUND BY A COURT TO BE INCOMPETENT BY REASON OF A MENTAL
DEFECT OR DISEASE AND NOT HAVE BEEN RESTORED TO COMPETENCY; <A]

[A> (D) BE SUFFERING FROM HABITUAL DRUNKENNESS OR FROM NARCOTICS ADDICTION OR
DEPENDENCE; OR <A]

[A> (E) HAVE BEEN DISCHARGED FROM THE UNITED STATES ARMED FORCES UNDER OTHER
THAN HONORABLE CONDITIONS. <A]

[A> (2) A LICENSE HOLDER'S BUSINESS SHALL BE OPERATED UNDER THE DIRECTION AND
CONTROL OF ONE MANAGER. A LICENSE HOLDER MAY NOT APPLY TO DESIGNATE MORE THAN
ONE (1) INDIVIDUAL TO SERVE AS MANAGER OF THE LICENSE HOLDER'S BUSINESS. <A]

[A> (3) A PERSON MAY NOT ACT AS A MANAGER UNTIL THE PERSON HAS MADE A
SATISFACTORY SHOWING TO THE BOARD THAT THE PERSON: <A]

[A> (A) SATISFIES THE REQUIREMENTS OF THIS SECTION; AND <A]

[A> (B) HAS NOT ENGAGED IN CONDUCT REGARDING A VIOLATION OR CONVICTION THAT
IS GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 14 OF THIS ACT. <A]

[A> (4) THE BOARD SHALL SET A REASONABLE TRANSITION PERIOD TO ALLOW FOR
CONTINUOUS OPERATION AND LICENSURE FOR A LICENSEE WHEN THE INDIVIDUAL SERVING
AS
THE LICENSEE'S MANAGER CEASES TO SERVE AS THE MANAGER AND BEFORE A SUITABLE
REPLACEMENT MANAGER IS CERTIFIED BY THE BOARD <A]

SECTION 7. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) THE BOARD MAY NOT ISSUE A LICENSE UNLESS THE APPLICANT FILES WITH THE
BOARD: <A]

[A> (A) EVIDENCE OF A GENERAL LIABILITY INSURANCE POLICY ON A CERTIFICATE OF
INSURANCE FORM PRESCRIBED BY THE OFFICE OF INSURANCE AND COUNTERSIGNED BY AN
INSURANCE AGENT LICENSED IN THIS STATE; OR <A]

[A> (B) A CERTIFICATE OF INSURANCE FOR SURPLUS LINES COVERAGE OBTAINED
THROUGH A SURPLUS LINES BROKER LICENSED IN THIS STATE. <A]

[A> (2) THE GENERAL LIABILITY INSURANCE POLICY SHALL BE CONDITIONED TO PAY ON
BEHALF OF THE LICENSE HOLDER DAMAGES THAT THE LICENSE HOLDER BECOMES LEGALLY
OBLIGATED TO PAY BECAUSE OF BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL
INJURY,
CAUSED BY AN EVENT INVOLVING THE PRINCIPAL, OR AN OFFICER, AGENT, OR EMPLOYEE
OF
THE PRINCIPAL, IN THE CONDUCT OF ANY BUSINESS LICENSED UNDER SECTIONS 1 TO 17
OF
THIS ACT. <A]

[A> (3) THE INSURANCE POLICY SHALL CONTAIN MINIMUM LIMITS OF: <A]

[A> (A) ONE HUNDRED THOUSAND DOLLARS ($ 100,000) FOR EACH OCCURRENCE FOR
BODILY INJURY AND PROPERTY DAMAGE; <A]

[A> (B) FIFTY THOUSAND DOLLARS ($ 50,000) FOR EACH OCCURRENCE FOR PERSONAL
INJURY; AND <A]

[A> (C) A TOTAL AGGREGATE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($ 200,000)
FOR ALL OCCURRENCES. <A]

[A> (4) AN INSURANCE CERTIFICATE EXECUTED AND FILED WITH THE BOARD UNDER
SECTIONS 1 TO 17 OF THIS ACT REMAINS IN EFFECT UNTIL THE INSURER TERMINATES
FUTURE LIABILITY BY NOTIFYING THE BOARD AT LEAST TEN (10) DAYS IN ADVANCE OF
THE
DATE THE INSURER INTENDS TO TERMINATE LIABILITY. <A]

[A> (5) A LICENSE HOLDER SHALL MAINTAIN ON FILE WITH THE BOARD AT ALL TIMES
THE CERTIFICATE OF INSURANCE REQUIRED BY THIS SECTION. <A]

[A> (6) THE BOARD SHALL IMMEDIATELY SUSPEND THE LICENSE OF A LICENSE HOLDER
WHO VIOLATES SUBSECTION (1) OF THIS SECTION. <A]

[A> (7) THE BOARD MAY RESCIND THE LICENSE SUSPENSION IF THE LICENSE HOLDER
PROVIDES PROOF TO THE BOARD THAT THE INSURANCE COVERAGE IS STILL IN EFFECT.
THE
LICENSE HOLDER SHALL PROVIDE THE PROOF IN A FORM SATISFACTORY TO THE BOARD NOT
LATER THAN THE 10TH DAY AFTER THE DATE THE LICENSE IS SUSPENDED. <A]

[A> (8) AFTER SUSPENSION OF THE LICENSE, THE BOARD MAY NOT REINSTATE THE
LICENSE UNTIL AN APPLICATION, IN THE FORM PRESCRIBED BY THE BOARD, IS FILED
ACCOMPANIED BY A PROPER INSURANCE CERTIFICATE. THE BOARD MAY DENY THE
APPLICATION NOTWITHSTANDING THE APPLICANT'S COMPLIANCE WITH THIS SECTION: <A]

[A> (A) FOR A REASON THAT WOULD JUSTIFY SUSPENDING, REVOKING, OR DENYING A
LICENSE; OR <A]

[A> (B) IF, DURING THE SUSPENSION, THE APPLICANT PERFORMS A PRACTICE FOR
WHICH A LICENSE IS REQUIRED. <A]

SECTION 8. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) A LICENSE HOLDER OR AN EMPLOYEE OF A LICENSE HOLDER IS NOT REQUIRED
TO OBTAIN AN AUTHORIZATION, PERMIT, FRANCHISE, OR LICENSE FROM, PAY ANOTHER
FEE
OR FRANCHISE TAX TO, OR POST A BOND IN A MUNICIPALITY, COUNTY, OR OTHER
POLITICAL SUBDIVISION OF THIS STATE TO ENGAGE IN BUSINESS OR PERFORM A SERVICE
AUTHORIZED UNDER SECTIONS 1 TO 17 OF THIS ACT. <A]

[A> (2) A MUNICIPALITY, COUNTY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE
MAY NOT REQUIRE A PAYMENT FOR THE USE OF MUNICIPAL, COUNTY, OR OTHER PUBLIC
FACILITIES IN CONNECTION WITH A BUSINESS OR SERVICE PROVIDED BY A LICENSE
HOLDER, EXCEPT THAT A MUNICIPALITY MAY IMPOSE AND COLLECT: <A]

[A> (A) A REASONABLE CHARGE FOR THE USE OF A CENTRAL ALARM INSTALLATION
LOCATED IN A POLICE OFFICE THAT IS OWNED, OPERATED, OR MONITORED BY THE
MUNICIPALITY; AND <A]

[A> (B) REASONABLE INSPECTION AND REINSPECTION FEES IN CONNECTION WITH A
DEVICE THAT CAUSES AT LEAST FIVE (5) FALSE ALARMS IN A TWELVE (12) MONTH
PERIOD.
<A]

[A> (3) A MUNICIPALITY MAY REQUIRE, UNTIL THE DEVICE IS REPAIRED TO THE
SATISFACTION OF THE APPROPRIATE MUNICIPAL OFFICIAL, DISCONTINUATION OF SERVICE
OF AN ALARM SIGNAL DEVICE THAT, BECAUSE OF MECHANICAL MALFUNCTION OR FAULTY
EQUIPMENT, CAUSES AT LEAST FIVE (5) FALSE ALARMS IN A TWELVE (12) MONTH
PERIOD.
<A]

[A> (4) FOR THE PURPOSES OF SUBSECTION (3) OF THIS SECTION, A FALSE ALARM
CAUSED BY HUMAN ERROR OR AN ACT OF GOD IS NOT CONSIDERED A MECHANICAL
MALFUNCTION OR FAULTY EQUIPMENT. <A]

SECTION 9. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) A PERSON SHALL BECOME CERTIFIED BY THE BOARD IF THE PERSON: <A]

[A> (A) IS EMPLOYED AS AN ALARM SYSTEMS INSTALLER, MANAGER OR BRANCH OFFICE
MANAGER, OR SECURITY SALESPERSON WHO ENTERS A CLIENT'S RESIDENCE AT ANY TIME
WHILE PERFORMING THE SALESPERSON'S RESPONSIBILITIES; OR <A]

[A> (B) IS AN OWNER, OFFICER, PARTNER, OR SHAREHOLDER OF A LICENSE HOLDER IF
THAT PERSON IS RESPONSIBLE FOR MANAGING THE BUSINESS OF THE LICENSE HOLDER OR
IS
OTHERWISE DIRECTLY INVOLVED IN THE PROVISION OF PERSONAL EMERGENCY RESPONSE
SYSTEM SERVICES. <A]

[A> (2) A PERSON ACTS AS AN ALARM SYSTEMS INSTALLER IF THE PERSON INSTALLS,
MAINTAINS, OR REPAIRS A PERSONAL EMERGENCY RESPONSE SYSTEM. <A]

[A> (3) A PERSON ACTS AS AN ALARM SYSTEMS MONITOR IF THE PERSON MONITORS A
PERSONAL EMERGENCY RESPONSE SYSTEM. THIS SUBSECTION DOES NOT APPLY TO A PERSON
EMPLOYED EXCLUSIVELY AND REGULARLY BY AN EMPLOYER, OTHER THAN A LICENSE
HOLDER,
IN CONNECTION WITH THE AFFAIRS OF THAT EMPLOYER AND WITH WHOM THE PERSON HAS
AN
EMPLOYEE-EMPLOYER RELATIONSHIP. <A]

[A> (4) A PERSON ACTS AS A SECURITY SALESPERSON IF THE PERSON: <A]

[A> (A) IS EMPLOYED BY A SECURITY SERVICES CONTRACTOR TO SELL SERVICES
OFFERED BY THE CONTRACTOR; AND <A]

[A> (B) ENTERS A CLIENT'S RESIDENCE AT ANY TIME DURING THE PERSON'S
EMPLOYMENT. <A]

[A> (5) A PERSON SHALL BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO BE
CERTIFIED. <A]

[A> (6) THE BOARD MAY PROMULGATE ADMINISTRATIVE REGULATIONS TO REQUIRE
ADDITIONAL QUALIFICATIONS FOR CERTIFICATION. <A]

[A> (7) AN APPLICATION FOR CERTIFICATION SHALL BE VERIFIED AND INCLUDE: <A]

[A> (A) THE APPLICANT'S FULL NAME, RESIDENCE ADDRESS, RESIDENCE TELEPHONE
NUMBER, DATE AND PLACE OF BIRTH, AND SOCIAL SECURITY NUMBER; <A]

[A> (B) A STATEMENT THAT: <A]

[A> 1. LISTS EACH NAME USED BY THE APPLICANT, OTHER THAN THE NAME BY WHICH
THE APPLICANT IS KNOWN AT THE TIME OF APPLICATION, AND AN EXPLANATION STATING
EACH PLACE WHERE EACH NAME WAS USED, THE DATE OF EACH USE, AND A FULL
EXPLANATION OF THE REASONS THE NAME WAS USED; OR <A]

[A> 2. STATES THAT THE APPLICANT HAS NEVER USED A NAME OTHER THAN THE NAME BY
WHICH THE APPLICANT IS KNOWN AT THE TIME OF APPLICATION; <A]

[A> (C) THE NAME AND ADDRESS OF THE APPLICANT'S EMPLOYER AND, IF APPLICABLE,
THE APPLICANT'S CONSULTING FIRM; <A]

[A> (D) THE DATE THE EMPLOYMENT COMMENCED; <A]

[A> (E) A LETTER FROM THE LICENSE HOLDER REQUESTING THAT THE APPLICANT BE
CERTIFIED; <A]

[A> (F) THE TITLE OF THE POSITION OCCUPIED BY THE APPLICANT AND A DESCRIPTION
OF THE APPLICANT'S DUTIES; AND <A]

[A> (G) ANY OTHER INFORMATION, EVIDENCE, STATEMENT, OR DOCUMENT REQUIRED BY
THE BOARD. <A]

[A> (8) THE EMPLOYER OF THE APPLICANT SHALL MAKE A REASONABLE ATTEMPT TO
VERIFY THE INFORMATION REQUIRED UNDER SUBSECTION (1)(A) OF THIS SECTION. <A]

SECTION 10. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> INFORMATION CONTAINED IN ALARM SYSTEMS RECORDS MAINTAINED BY A
GOVERNMENTAL BODY THAT CONCERNS THE LOCATION OF AN ALARM SYSTEM, THE NAME OF
THE
OCCUPANT OF AN ALARM SYSTEM LOCATION, OR THE TYPE OF ALARM SYSTEM USED IS
CONFIDENTIAL AND MAY BE DISCLOSED ONLY TO THE BOARD OR AS OTHERWISE REQUIRED
BY
STATE LAW OR COURT ORDER. <A]

SECTION 11. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) EXCEPT AS PROVIDED BY SUBSECTION (2) OF THIS SECTION, A POLITICAL
SUBDIVISION MAY NOT OFFER ALARM SYSTEM SALES, SERVICE, INSTALLATION, OR
MONITORING UNLESS IT WAS PROVIDING MONITORING SERVICES TO RESIDENCES WITHIN
THE
BOUNDARIES OF THE POLITICAL SUBDIVISION BEFORE THE EFFECTIVE DATE OF THIS ACT.
ANY FEE CHARGED BY THE POLITICAL SUBDIVISION MAY NOT EXCEED THE COST OF THE
MONITORING. <A]

[A> (2) A POLITICAL SUBDIVISION MAY: <A]

[A> (A) OFFER SERVICE, INSTALLATION, OR MONITORING FOR PROPERTY OWNED BY THE
POLITICAL SUBDIVISION OR ANOTHER POLITICAL SUBDIVISION; <A]

[A> (B) ALLOW FOR THE RESPONSE OF AN ALARM OR DETECTION DEVICE BY A LAW
ENFORCEMENT AGENCY OR BY A LAW ENFORCEMENT OFFICER ACTING IN AN OFFICIAL
CAPACITY; <A]

[A> (C) OFFER MONITORING IN CONNECTION WITH A CRIMINAL INVESTIGATION; OR <A]

[A> (D) OFFER MONITORING TO A FINANCIAL INSTITUTION THAT REQUESTS, IN
WRITING, THAT THE POLITICAL SUBDIVISION PROVIDE MONITORING SERVICE TO THE
FINANCIAL INSTITUTION. <A]

[A> (3) THE LIMITATIONS OF SUBSECTION (1) OF THIS SECTION DO NOT APPLY TO A
POLITICAL SUBDIVISION IN A COUNTY WITH A POPULATION OF LESS THAN TEN THOUSAND
(10,000) PERSONS OR TO A POLITICAL SUBDIVISION WHERE MONITORING IS NOT
OTHERWISE
PROVIDED OR AVAILABLE. <A]

SECTION 12. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) LICENSE OR CERTIFICATION RENEWAL AND EXPIRATION UNDER SECTIONS 1 TO
17 OF THIS ACT SHALL BE GOVERNED BY SECTION 21 OF THIS ACT. <A]

[A> (2) CONTINUING EDUCATION FOR LICENSE AND CERTIFICATE HOLDERS UNDER
SECTIONS 1 TO 17 OF THIS ACT SHALL BE GOVERNED BY SECTION 22 OF THIS ACT. <A]

[A> (3) PENALTIES FOR VIOLATIONS BY LICENSE AND CERTIFICATE HOLDERS UNDER
SECTIONS 1 TO 17 OF THIS ACT SHALL BE GOVERNED BY SECTION 20 OF THIS ACT <A]

SECTION 13. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> SECTIONS 1 TO 17 OF THIS ACT SHALL NOT APPLY TO: <A]

[A> (1) AN OFFICER OR EMPLOYEE OF THE UNITED STATES, THIS STATE, OR A
POLITICAL SUBDIVISION OF THIS STATE WHILE THE OFFICER OR EMPLOYEE IS
PERFORMING
OFFICIAL DUTIES. <A]

[A> (2) A PERSON WHO HAS FULL-TIME EMPLOYMENT AS A PEACE OFFICER AND WHO
RECEIVES COMPENSATION FOR PRIVATE EMPLOYMENT ON AN INDIVIDUAL OR AN
INDEPENDENT
CONTRACTOR BASIS AS A PATROLMAN, GUARD, EXTRA JOB COORDINATOR, OR WATCHMAN IF
THE OFFICER: <A]

[A> (A) IS EMPLOYED IN AN EMPLOYEE-EMPLOYER RELATIONSHIP OR EMPLOYED ON AN
INDIVIDUAL CONTRACTUAL BASIS; <A]

[A> (B) IS NOT IN THE EMPLOY OF ANOTHER PEACE OFFICER; <A]

[A> (C) IS NOT A RESERVE PEACE OFFICER; AND <A]

[A> (D) WORKS AS A PEACE OFFICER ON THE AVERAGE OF AT LEAST THIRTY-TWO (32)
HOURS A WEEK, IS COMPENSATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE
STATE AT LEAST AT THE MINIMUM WAGE, AND IS ENTITLED TO ALL EMPLOYEE BENEFITS
OFFERED TO A PEACE OFFICER BY THE STATE OR POLITICAL SUBDIVISION; <A]

[A> (3) A RESERVE PEACE OFFICER WHILE THE RESERVE OFFICER IS PERFORMING
GUARD, PATROLMAN, OR WATCHMAN DUTIES FOR A COUNTY AND IS BEING COMPENSATED
SOLELY BY THAT COUNTY; <A]

[A> (4) A PEACE OFFICER ACTING IN AN OFFICIAL CAPACITY IN RESPONDING TO A
BURGLAR ALARM OR DETECTION DEVICE; <A]

[A> (5) A PERSON ENGAGED IN THE BUSINESS OF ELECTRONIC MONITORING OF AN
INDIVIDUAL AS A CONDITION OF THAT INDIVIDUAL'S COMMUNITY SUPERVISION, PAROLE,
MANDATORY SUPERVISION, OR RELEASE ON BAIL, IF THE PERSON DOES NOT PERFORM ANY
OTHER SERVICE THAT REQUIRES A LICENSE UNDER SECTIONS 1 TO 17 OF THIS ACT; OR
<A]

[A> (6) AN ENTITY THAT IS A HOSPITAL OR A WHOLLY OWNED SUBSIDIARY OR AN
AFFILIATE OF A HOSPITAL LICENSED UNDER KRS CHAPTER 216B. <A]

SECTION 14. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) ADMINISTRATIVE HEARINGS AND RELATED ACTIVITIES OR PENALTIES SHALL BE
GOVERNED BY SECTION 19 OF THIS ACT, EXCEPT AS OTHERWISE INDICATED IN THIS
SECTION. <A]

[A> (2) FOR A VIOLATION OF SECTIONS 1 TO 17 OF THIS ACT OR ANY RELATED
ADMINISTRATIVE REGULATION PROMULGATED BY THE BOARD, THE BOARD MAY: <A]

[A> (A) DENY, REVOKE, OR SUSPEND THE PERSON'S LICENSE OR CERTIFICATION; <A]

[A> (B) PLACE THE PERSON ON PROBATION IF THE PERSON'S LICENSE OR
CERTIFICATION HAS BEEN SUSPENDED; OR <A]

[A> (C) REPRIMAND THE LICENSE OR CERTIFICATE HOLDER. <A]

[A> (3) THE BOARD SHALL TAKE DISCIPLINARY ACTION DESCRIBED BY SUBSECTION (2)
OF THIS SECTION ON PROOF THAT: <A]

[A> (A) THE APPLICANT, LICENSEE, OR CERTIFICATE HOLDER HAS: <A]

[A> 1. VIOLATED SECTIONS 1 TO 17 OF THIS ACT OR ANY RELATED ADMINISTRATIVE
REGULATION PROMULGATED BY THE BOARD; <A]

[A> 2. BEEN CONVICTED OF A CLASS B MISDEMEANOR OR EQUIVALENT OFFENSE IF THE
FIFTH ANNIVERSARY OF THE DATE OF THE CONVICTION HAS NOT YET OCCURRED; <A]

[A> 3. ENGAGED IN FRAUD, DECEIT, OR MISREPRESENTATION; OR <A]

[A> 4. MADE A MATERIAL MISSTATEMENT IN AN APPLICATION FOR OR RENEWAL OF A
LICENSE OR CERTIFICATION; OR <A]

[A> (B) A LICENSEE AFFILIATED WITH A CERTIFICATE HOLDER HAS SUBMITTED TO THE
BOARD SUFFICIENT EVIDENCE THAT THE CERTIFICATE HOLDER: <A]

[A> 1. ENGAGED IN FRAUD OR DECEIT WHILE EMPLOYED BY THE LICENSEE; OR <A]

[A> 2. COMMITTED THEFT WHILE PERFORMING WORK AS A CERTIFICATE HOLDER. <A]

[A> (4) SUBJECT TO EXPIRATION OF THE LICENSE UNDER SECTION 21 OF THIS ACT, A
LICENSEE MAY CONTINUE TO MONITOR UNDER AN EXISTING ALARM CONTRACT OR CONTRACT
TO
MONITOR UNDER AN EXISTING ALARM CONTRACT FOR THIRTY (30) DAYS AFTER THE DATE
OF
SUSPENSION OF THE PERSON'S LICENSE. <A]

[A> (5) IF THE BOARD PROPOSES TO DENY, REVOKE, OR SUSPEND A PERSON'S LICENSE
OR CERTIFICATION, THE PERSON IS ENTITLED TO AN ADMINISTRATIVE HEARING GOVERNED
BY KRS CHAPTER 13B. THE BOARD SHALL PRESCRIBE PROCEDURES FOR APPEALING A
DECISION TO DENY, REVOKE, OR SUSPEND A LICENSE OR CERTIFICATION. <A]

SECTION 15. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> THE BOARD MAY REQUIRE A PERSON WHOSE LICENSE OR CERTIFICATION SUSPENSION
IS PROBATED TO: <A]

[A> (1) REPORT REGULARLY TO THE BOARD ON MATTERS THAT ARE THE BASIS OF THE
PROBATION; <A]

[A> (2) LIMIT PRACTICE TO AREAS PRESCRIBED BY THE BOARD; OR <A]

[A> (3) CONTINUE THE PERSON'S PROFESSIONAL EDUCATION UNTIL THE LICENSE OR
CERTIFICATE HOLDER ATTAINS A DEGREE OF SKILL SATISFACTORY TO THE BOARD IN
THOSE
AREAS THAT ARE THE BASIS OF THE PROBATION. <A]

SECTION 16. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) A PERSON COMMITS AN OFFENSE IF THE PERSON: <A]

[A> (A) KNOWINGLY FALSIFIES FINGERPRINTS OR PHOTOGRAPHS SUBMITTED TO THE
BOARD; <A]

[A> (B) WHILE ACTING AS A PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER,
CONTRACTS WITH OR EMPLOYS A PERSON WHO IS REQUIRED TO HOLD A LICENSE OR
CERTIFICATE UNDER SECTIONS 1 TO 17 OF THIS ACT KNOWING THAT THE PERSON DOES
NOT
HOLD THE REQUIRED LICENSE OR CERTIFICATE OR WHO OTHERWISE, AT THE TIME OF
CONTRACT OR EMPLOYMENT, IS IN VIOLATION OF SECTIONS 1 TO 17 OF THIS ACT; <A]

[A> (C) VIOLATES A PROVISION OF SECTIONS 1 TO 17 OF THIS ACT; OR <A]

[A> (D) FALSELY REPRESENTS THAT THE PERSON IS EMPLOYED BY A LICENSE HOLDER OR
IS LICENSED OR CERTIFIED UNDER SECTIONS 1 TO 17 OF THIS ACT. <A]

[A> (2) AN OFFENSE UNDER SUBSECTION (1)(A) OF THIS SECTION IS A CLASS D
FELONY. <A]

[A> (3) AN OFFENSE UNDER SUBSECTION (1)(B) OF THIS SECTION IS A CLASS A
MISDEMEANOR. <A]

[A> (4) AN OFFENSE UNDER SUBSECTION (1)(C) OF THIS SECTION IS A CLASS A
MISDEMEANOR, EXCEPT THAT THE OFFENSE IS A CLASS D FELONY IF THE PERSON HAS
PREVIOUSLY BEEN CONVICTED OF FAILING TO HOLD A LICENSE OR CERTIFICATION
REQUIRED
BY SECTIONS 1 TO 17 OF THIS ACT. <A]

[A> (5) AN OFFENSE UNDER SUBSECTION (1)(D) OF THIS SECTION IS A CLASS D
FELONY. <A]

SECTION 17. A NEW SECTION OF KRS CHAPTER 311A IS CREATED TO READ AS FOLLOWS:

[A> (1) WITHIN THIRTY (30) DAYS AFTER THE DATE OF AN ORDER ISSUED BY A
HEARING PANEL AUTHORIZED UNDER SECTION 19 OF THIS ACT BECOMES FINAL, THE
PERSON
SHALL: <A]

[A> (A) PAY THE ADMINISTRATIVE PENALTY; OR <A]

[A> (B) FILE A PETITION FOR JUDICIAL REVIEW CONTESTING THE OCCURRENCE OF THE
VIOLATION, THE AMOUNT OF THE PENALTY, OR BOTH. <A]

[A> (2) WITHIN THE THIRTY (30) DAYS PRESCRIBED BY SUBSECTION (1) OF THIS
SECTION, A PERSON WHO FILES A PETITION FOR JUDICIAL REVIEW MAY: <A]

[A> (A) STAY ENFORCEMENT OF THE PENALTY BY: <A]

[A> 1. PAYING THE PENALTY TO THE COURT FOR PLACEMENT IN AN ESCROW ACCOUNT; OR
<A]

[A> 2. GIVING THE COURT A SUPERSEDEAS BOND APPROVED BY THE COURT THAT IS: <A]

[A> A. FOR THE AMOUNT OF THE PENALTY; AND <A]

[A> B. EFFECTIVE UNTIL ALL JUDICIAL REVIEW OF THE BOARD'S ORDER IS FINAL; OR
<A]

[A> (B) REQUEST THE COURT TO STAY ENFORCEMENT OF THE PENALTY BY: <A]

[A> 1. FILING WITH THE COURT A SWORN AFFIDAVIT OF THE PERSON STATING THAT THE
PERSON IS FINANCIALLY UNABLE TO PAY THE PENALTY AND IS FINANCIALLY UNABLE TO
GIVE THE SUPERSEDEAS BOND; AND <A]

[A> 2. GIVING A COPY OF THE AFFIDAVIT TO THE BOARD OR THE BOARD'S DESIGNEE BY
CERTIFIED MAIL. <A]

[A> (3) IF THE BOARD OR THE BOARD'S DESIGNEE RECEIVES A COPY OF AN AFFIDAVIT
UNDER SUBSECTION (2)(B) OF THIS SECTION, THE BOARD OR THE DESIGNEE MAY FILE
WITH
THE COURT, WITHIN FIVE (5) DAYS AFTER THE DATE THE COPY IS RECEIVED, A CONTEST
TO THE AFFIDAVIT. <A]

[A> (4) THE COURT SHALL HOLD A HEARING ON THE FACTS ALLEGED IN THE AFFIDAVIT
AS SOON AS PRACTICABLE AND SHALL STAY THE ENFORCEMENT OF THE PENALTY ON
FINDING
THAT THE ALLEGED FACTS ARE TRUE. THE PERSON WHO FILES AN AFFIDAVIT HAS THE
BURDEN OF PROVING THAT THE PERSON IS FINANCIALLY UNABLE TO PAY THE PENALTY AND
TO GIVE A SUPERSEDEAS BOND. <A]

[A> (5) IF THE PERSON DOES NOT PAY THE ADMINISTRATIVE PENALTY AND THE
ENFORCEMENT OF THE PENALTY IS NOT STAYED, THE PENALTY MAY BE COLLECTED. THE
ATTORNEY GENERAL MAY SUE TO COLLECT THE PENALTY. <A]

[A> (6) IF THE COURT SUSTAINS THE DETERMINATION THAT A VIOLATION OCCURRED,
THE COURT MAY UPHOLD OR REDUCE THE AMOUNT OF THE ADMINISTRATIVE PENALTY AND
ORDER THE PERSON TO PAY THE FULL OR REDUCED AMOUNT OF THE PENALTY. <A]

[A> (7) IF THE COURT DOES NOT SUSTAIN THE FINDING THAT A VIOLATION OCCURRED,
THE COURT SHALL ORDER THAT A PENALTY IS NOT OWED. <A]

[A> (8) IF THE PERSON PAID THE ADMINISTRATIVE PENALTY AND IF THE AMOUNT OF
THE PENALTY IS REDUCED OR THE PENALTY IS NOT UPHELD BY THE COURT, THE COURT
SHALL ORDER, WHEN THE COURT'S JUDGMENT BECOMES FINAL, THAT THE APPROPRIATE
AMOUNT PLUS ACCRUED INTEREST BE REMITTED TO THE PERSON BY THE BOARD. THE
INTEREST SHALL ACCRUE AT THE RATE CHARGED ON LOANS TO DEPOSITORY INSTITUTIONS
BY
THE FEDERAL RESERVE BANK OF NEW YORK, AND SHALL BE PAID FOR THE PERIOD
BEGINNING
ON THE DATE THE PENALTY IS PAID AND ENDING ON THE DATE THE PENALTY IS
REMITTED.
<A]

[A> (9) IF THE PERSON GAVE A SUPERSEDEAS BOND AND THE PENALTY IS NOT UPHELD
BY THE COURT, THE COURT SHALL ORDER, WHEN THE COURT'S JUDGMENT BECOMES FINAL,
THE RELEASE OF THE BOND. <A]

[A> (10) IF THE PERSON GAVE A SUPERSEDEAS BOND AND THE AMOUNT OF THE PENALTY
IS REDUCED, THE COURT SHALL ORDER THE RELEASE OF THE BOND AFTER THE PERSON
PAYS
THE REDUCED AMOUNT. <A]

Section 18. Sections 1 to 17 of this Act shall be known and may be cited as
the "Christine Talley Act."

Section 19. KRS 311A.055 is amended to read as follows:

(1) In accordance with the provisions of KRS Chapter 13B, all discipline for
which the board is authorized to conduct investigations, hold hearings, and
impose punishments is delegated to the executive director, state medical
advisor, board attorney, and hearing panels as provided herein.

(2) Any person may make a complaint to the executive director that an entity
licensed or certified by the board, first responder, emergency medical
technician, paramedic, emergency medical services medical advisor [A> ,
PERSONAL
EMERGENCY RESPONSE SYSTEM PROVIDER, <A] or other person licensed or certified
by
the board has violated a provision of this chapter, an administrative
regulation
promulgated pursuant to this chapter, protocol, practice standard, or order of
the board.

(3) Each complaint shall:

(a) Be in writing;

(b) Identify specifically the person or organization against whom the
complaint is made;

(c) Set forth the facts relating to the violation alleged and any other
supporting information which may have a bearing on the matter;

(d) Contain the name, address, telephone number, facsimile number, and e-mail
address, if available, of the complainant;

(e) Be subscribed and sworn to as to the truth of the statements contained in
the complaint by the complainant; and

(f) Be notarized.

(4) A complaint which is unsigned shall not be acted upon by the executive
director. A complaint which is not subscribed and sworn in the manner
specified
in subsection (3) of this section shall be returned to the complainant for
completion.

(5) The executive director of the board may, on behalf of the board, based on
knowledge available to the office of the board, make a complaint against any
person or organization regulated by the board in the same manner as provided
in
subsection (3) of this section.

(6) 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.

(7) When the executive director assigns a complaint to a staff investigator,
he or she shall notify the person or organization against whom the complaint
has
been filed and shall notify the employer of a first responder, emergency
medical
technician, [D> or <D] paramedic [A> , OR PERSON CERTIFIED UNDER SECTIONS 1 TO
17 OF THIS ACT <A] and the emergency medical services medical director for the
organization and for any paramedic against whom the complaint is filed and any
other person or organization specified in this chapter.

(8) The notification shall name the person or organization complained
against, the complainant, the violations alleged, and the facts presented in
the
complaint and shall notify the person or organization complained against, the
employer, and the emergency medical services medical director of:

(a) The fact that the complaint shall be answered, the steps for answering
the complaint, and the action to be taken if the complaint is not answered;

(b) The time frame and steps in the proceedings of a complaint;

(c) The rights of the parties, including the right to counsel; and

(d) The right to testify at any hearing.

(9) Upon the failure of a license or certificate holder to respond to a
written accusation or to request a hearing within twenty (20) days after the
sending of the accusation, the accused shall be considered to have admitted
the
truth of the facts and the circumstances in the allegation and appropriate
discipline may be imposed.

(10) The preliminary inquiry board shall consist of one (1) member of the
board selected by the chair, and 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.

(11) 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.

(12) 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.

(13) Each proceeding to consider the imposition of a penalty which the board
is authorized to impose pursuant to this chapter shall be conducted in
accordance with KRS Chapter 13B.

(14) A hearing panel for purposes of making a decision in any disciplinary
matter shall consist of one (1) physician who may be a member of the board or
who meets the qualifications of an emergency medical services medical
director;
one (1) person from the category of persons or organizations of the same class
as the defendant; and the hearing officer, who shall not be involved in
emergency medical services.

(15) The hearing officer may issue subpoenas to compel the attendance of
witnesses and the production of documents in the conduct of an investigation.
The subpoenas may be enforced by any Circuit Court for contempt. Any order or
subpoena of the court requiring the attendance and testimony of witnesses and
the production of documentary evidence may be enforced and shall be valid
anywhere in this state.

(16) At all hearings the board attorney or, on request of the board, the
Attorney General of this state or one (1) of the assistant attorneys general
designated shall appear and represent the board.

(17) The emergency medical services provider [A> , PERSONAL EMERGENCY
RESPONSE SYSTEM PROVIDER, <A] or related employer of a person licensed or
certified by the board and the emergency medical services medical director of
such a person who is the defendant in a hearing shall be parties to the action
and may appear and testify in the matter at any deposition or hearing on the
matter and may propose conclusions of law, findings of fact, and penalties to
the hearing panel.

(18) To make a finding or recommend discipline, the two (2) members of the
hearing panel who are not the hearing officer shall agree on the finding or
discipline. In the event of a tie vote, the hearing officer shall cast the
deciding vote.

(19) The final order in any disciplinary proceeding shall be prepared by the
executive director and sent to all parties in the manner prescribed by law.

(20) Any person or entity aggrieved by a final order of the board may appeal
to the Franklin Circuit Court in accordance with the provisions of KRS Chapter
13B.

(21) The only discipline that the board may impose against an emergency
medical services medical director is denial, suspension [A> , <A] or
withdrawal
of the board's approval for that person to serve as an emergency medical
services medical director.

(22) If the executive director substantiates that sexual contact occurred
between a licensee or certificate holder and a patient while the patient was
under the care of or in a professional relationship with the licensee or
certificate holder, the license or certification may be revoked or suspended
with mandatory treatment of the person as prescribed by the executive
director.
The executive director may require the licensee or certificate holder to pay a
specified amount for mental health services for the patient which are needed
as
a result of the sexual contact.

[A> (23) A PERSON OR ENTITY CERTIFIED OR LICENSED UNDER SECTIONS 1 TO 17 OF
THIS ACT TO PROVIDE SERVICES RELATED TO PERSONAL EMERGENCY RESPONSE SYSTEMS
SHALL BE SUBJECT TO THIS SECTION, IN ADDITION TO THE REQUIREMENTS OF SECTIONS
14
AND 17 OF THIS ACT. WHENEVER THIS SECTION CONFLICTS WITH EITHER SECTION 14 OR
17
OF THIS ACT, SECTION 14 OR 17 OF THIS ACT SHALL TAKE PRECEDENCE OVER THIS
SECTION FOR THOSE PERSONS LICENSED OR CERTIFIED TO PROVIDE SERVICES RELATING
TO
PERSONAL EMERGENCY RESPONSE SYSTEMS. <A]

Section 20. KRS 311A.060 is amended to read as follows:

(1) If it is determined that an entity [A> OR PERSON <A] regulated by the
board, a paramedic, first responder, or emergency medical technician has
violated a statute, administrative regulation, protocol, or practice standard
relating to serving as an entity [A> OR PERSON <A] regulated by the board, a
paramedic, first responder, or emergency medical technician, the office of the
board may impose any of the sanctions provided in subsection (2) of this
section. Any party to the complaint shall have the right to propose findings
of
fact and conclusions of law, and to recommend sanctions.

(2) The office of the board shall require an acceptable plan of correction
and may use any one (1) or more of the following sanctions when disciplining a
paramedic, emergency medical technician first responder, emergency medical
technician, or any entity [A> OR PERSON <A] regulated by the board:

(a) Private reprimand that shall be shared with [A> : <A]

[A> 1. <A] Each [D> of the paramedic's, first responder's, or emergency
medical technician's <D] emergency medical services or related employer and
medical director [A> OF A REPRIMANDED PARAMEDIC, FIRST RESPONDER, OR EMERGENCY
MEDICAL TECHNICIAN; OR <A]

[A> 2. EACH PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER LICENSEE EMPLOYING A
REPRIMANDED CERTIFICATE HOLDER WHO IS CERTIFIED UNDER SECTIONS 1 TO 17 OF THIS
ACT <A] ;

(b) Public reprimand;

(c) Fines of fifty dollars ($ 50) to five hundred dollars ($ 500) for a
natural person or fifty dollars ($ 50) to five thousand dollars ($ 5,000) for
a
public agency or business entity;

(d) Revocation of certification or licensure;

(e) Suspension of licensure until a time certain;

(f) Suspension until a certain act or acts are performed;

(g) Limitation of practice permanently;

(h) Limitation of practice until a time certain;

(i) Limitation of practice until a certain act or acts are performed;

(j) Repassing a portion of the paramedic, first responder, or emergency
medical technician examination;

(k) Probation for a specified time; or

(l) If it is found that the person who is licensed or certified by the board
has been convicted of, pled guilty to, entered an Alford plea to a felony
offense, or has completed a diversion program for a felony offense the license
or certification shall be revoked.

(3) [A> A PERSON WHO VIOLATES SECTIONS 1 TO 17 OF THIS ACT OR ANY RELATED
ADMINISTRATIVE REGULATION PROMULGATED BY THE BOARD IS SUBJECT TO THE PENALTIES
OF SUBSECTION (2) OF THIS SECTION. EACH DAY A VIOLATION CONTINUES OR OCCURS
IS A
SEPARATE VIOLATION FOR PURPOSES OF IMPOSING A PENALTY ON THAT PERSON. <A]

[A> (4) <A] The filing of criminal charges or a criminal conviction for
violation of the provisions of this chapter or the administrative regulations
promulgated thereunder shall not preclude the office of the board from
instituting or imposing board disciplinary action authorized by this chapter
against any person or organization violating this chapter or the
administrative
regulations promulgated thereunder.

[A> (5) <A] [D> (4) <D] The institution or imposition of disciplinary action
by the office of the board against any person or organization violating the
provisions of this chapter or the administrative regulations promulgated
thereunder shall not preclude the filing of criminal charges against or a
criminal conviction of any person or organization for violation of the
provisions of this chapter or the administrative regulations promulgated
thereunder.

Section 21. KRS 311A.095 is amended to read as follows:

(1) A paramedic license, first responder certification, [D> or <D] emergency
medical technician certification [A> , OR PERSONAL EMERGENCY RESPONSE SYSTEM
LICENSE OR CERTIFICATION UNDER SECTIONS 1 TO 17 OF THIS ACT <A] shall be valid
for a period of two (2) years.

(2) Each [A> LICENSE OR CERTIFICATION LISTED IN SUBSECTION (1) OF THIS
SECTION <A] [D> paramedic license, first responder certification, or emergency
medical technician certification <D] shall expire on December 31 of the second
year from its issuance.

(3) The license or certification of every person issued under the provisions
of this chapter shall be renewed at least biennially except as provided in
this
section. At least six (6) weeks before the renewal date the office of the
board
shall mail an application for renewal to every person for whom a license or
certification was issued during the current licensure or certification period.
The applicant shall fill in the application form and return it to the office
of
the board with the renewal fee prescribed by the board in an administrative
regulation before the expiration date of his or her current license or
certification. Upon receipt of the application and fee, the board shall verify
the accuracy of the application to determine whether the licensee or person
seeking certification has met all the requirements as set forth in this
chapter
and in the administrative regulations promulgated by the board, and, if so,
shall issue to the applicant a license or certification to practice or engage
in
the activity for the ensuing licensure or certification period. Such license
or
certification shall render the holder a legal practitioner of the practice or
activity specified in the license or certification for the period stated on
it.
The board shall prescribe by administrative regulation the beginning and
ending
of the licensure or certification period.

(4) Any person who is licensed or certified by the board who allows his or
her license or certification to lapse by failing to renew the license or
certification as provided in this section may be reinstated by the board on
payment of the current fee for original licensure or certification and by
meeting the requirements of administrative regulations promulgated by the
board.

(5) An application for renewal of a license or certification shall be sent to
the last known address of each licensee or certified person.

(6) Any person practicing any practice or activity regulated by the board
during the time his or her license or certification has lapsed shall be
considered an illegal practitioner and shall be subject to the penalties
provided for violations of this chapter.

(7) Failure to receive the application for renewal of a license or
certification shall not relieve a [A> PERSON LICENSED OR CERTIFIED UNDER THIS
SECTION <A] [D> paramedic, first responder, or emergency medical technician
<D]
from the duty to renew his or her license or certification prior to December
31
of the year in which the license or certification expires.

(8) The duration of any license or certification issued by the board may be
limited by disciplinary action of the board.

(9) Every license or certification issued by the board shall have the seal of
the board affixed. A holder of a license or certification shall retain it in
his
or her possession and be prepared to exhibit it upon demand by an employer
[A> ,
<A] [D> or <D] anyone to whom the holder of the license or certification
offers
emergency medical services [A> OR PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES,
<A] or any board or staff member of the Kentucky Board of Emergency Medical
Services.

(10) Failure or refusal to produce a license or certification upon demand
shall be prima facie evidence that no such license or certification exists.

(11) In order to assure a proper transition during the implementation of the
provisions of this section, the board may, for a period of three (3) years,
extend a license or certification of any person in order to utilize the
expiration date provided for in this section. The board shall, in writing,
notify each person whose license or certification is extended of the extension
and the new date of expiration. The extension shall be without charge.

Section 22. KRS 311A.125 is amended to read as follows:

(1) For each licensure renewal of a paramedic following the issuance of an
initial license or certification by the board, as a prerequisite for license
or
certification renewal, all individuals licensed under the provisions of this
chapter shall be required to document continuing competence during the
immediate
past licensure or certification period as prescribed in administrative
regulations promulgated by the board.

(2) The compliance with continuing competency requirement shall be documented
by the emergency medical services medical director and reported as set forth
by
the board in administrative regulations promulgated in accordance with KRS
Chapter 13A.

(3) The board shall approve providers of emergency medical services education
and continuing education. The approval may include recognition of providers
approved by national organizations and state boards of emergency medical
services with comparable standards. Standards for these approvals shall be set
forth by the board in administrative regulations promulgated in accordance
with
KRS Chapter 13A. The board need not approve continuing education training
provided by a licensed ambulance service for anyone certified or licensed by
the
board.

(4) The board shall work cooperatively with professional emergency medical
services organizations, approved schools, and other potential sources of
continuing education programs to ensure that adequate continuing education
offerings are available statewide. The board may enter into contractual
agreements to implement the provisions of this section.

[A> (5) THE BOARD MAY RECOGNIZE, PREPARE, OR ADMINISTER CONTINUING EDUCATION
PROGRAMS RELATING TO PERSONAL EMERGENCY RESPONSE SYSTEMS FOR THOSE PERSONS WHO
ARE LICENSED OR CERTIFIED UNDER SECTIONS 1 TO 17 OF THIS ACT. THE BOARD SHALL
SET THE MINIMUM NUMBER OF HOURS THAT SHALL BE COMPLETED, APPROVE SPECIFIC
PROVIDERS AND PROGRAM CONTENT, AND THE TYPES OF PROGRAMS THAT MAY BE OFFERED.
<A]

[A> (6) A PERSON WHO IS LICENSED OR CERTIFIED UNDER SECTIONS 1 TO 17 OF THIS
ACT SHALL PARTICIPATE IN THE PROGRAMS TO THE EXTENT REQUIRED BY THE BOARD TO
KEEP THE PERSON'S LICENSE OR CERTIFICATION. THE PERSON SHALL SUBMIT EVIDENCE
OF
COMPLIANCE WITH THE BOARD'S CONTINUING EDUCATION REQUIREMENTS IN A MANNER
PRESCRIBED BY THE BOARD. <A]

SPONSOR: Harmon

SUBJECT: SECURITY & ALARM SYSTEMS (92%); BANKING & FINANCE (62%); UNITED
NATIONS
INSTITUTIONS (62%); LEGISLATORS (62%);