Volume 40 - Issue 35 - September 2, 2021
State of Kansas
Board of Emergency Medical Services
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 10:00 a.m. Tuesday, November 9, 2021, in Room 560 of the Landon State Office Building, 900 SW Jackson, Topeka, Kansas, to consider the adoption of proposed administrative regulations of the Board of Emergency Medical Services on a permanent basis.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed amendments to the regulations. All interested parties may submit written comments prior to the hearing to the Board of Emergency Medical Services, Landon State Office Building, 900 SW Jackson, Room 1031, Topeka, KS 66612 or by email to Joseph.House@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed amendments to the regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes. Due to continuing concerns over COVID-19, the hearing will also be held via GoToMeeting conferencing. Remote access information will be provided upon request to any person wishing to observe, participate in, or listen to the hearing. Request for access must be submitted prior to 4:30 p.m. Friday, November 5, 2021, via email to Joseph.House@ks.gov.
Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Suzette Smith at 785-296-7296 (or TTY 1-800-766-3777). Handicapped parking is located in front of and to the north of the Landon State Office Building.
These regulations will be grouped into topic areas. Summaries of the proposed regulations follow.
Group 1 – Ambulance service roster notification
K.A.R. 109-2-1, Ambulance service operator, is an existing regulation that details requirements for operators and service directors. Proposed revision is to shorten the time frame for notification of provider changes on a roster from 90 days to 7 days.
This change is being implemented to better incorporate the provisions of the EMS interstate compact that require medical oversight of anyone granted a privilege to practice. There is no anticipated economic impact to any governmental agency or unit or to the general public in the adoption of this revised regulation.
Group 2 – Inactive Status
K.A.R. 109-6-4, Inactive certificate, is a new proposed regulation providing the process for an individual to apply for and maintain an inactive certificate, as well as how to transition from inactive to active.
K.A.R. 109-7-1, Schedule of fees, is an existing regulation that prescribes the fees levied by the board. Proposed revisions utilize a new definition and add the listing of fees related to the inactive certificate.
These proposed regulations are to incorporate and implement the inactive status afforded by the 2019 Legislature.
There is no anticipated economic impact to any governmental agency or unit or to the general public in the adoption of this new regulation and revised regulation.
Group 3 – Electronic filing
K.A.R. 109-6-2, Renewal of EMS provider and instructor-coordinator certificates, is an existing regulation that defines the process of renewing an EMS provider or instructor-coordinator certificate. Proposed revision is to eliminate paper submission of renewal forms. There is no anticipated economic impact to any governmental agency or unit or to the general public in the adoption of this revised regulation.
Group 4 – Certification
K.A.R. 109-3-1, Standards for ambulance attendants, is an existing regulation stating an EMS provider must be 17 years of age or older. This regulation is being proposed for revocation due to moving the requirement to K.A.R. 109-15-3.
K.A.R. 109-15-1, Reinstating EMS provider certificate after expiration, is an existing regulation providing the process for an individual to gain certification after the certificate expires. Proposed revisions reflect requesting documentation that the applicant would have been required to maintain and eliminating a component of increasing amounts of continuing education in scenarios where testing must occur.
K.A.R. 109-15-2, Recognition of non-Kansas credentials, is an existing regulation providing the process for an individual to gain Kansas EMS certification based upon their licensure or certification in another state or jurisdiction. Proposed revisions include addressing recognition of an expired out-of-state credential where the person shows they have passed the state’s examination within the previous 4 years and provisions for a required criminal history record check afforded by the 2019 Legislature and required of our continued participation in the EMS interstate compact.
K.A.R. 109-15-3, EMS provider certification, is a proposed new regulation providing the process for an individual to gain Kansas EMS certification based upon successful completion of a course of instruction and incorporates the required criminal history record check afforded by the 2019 Legislature and required of our continued participation in the EMS interstate compact.
There is an estimated economic impact of approximately $65,000 annually for implementation and compliance costs specific to the criminal history record check. These costs are the responsibility of the applicant – approx. $15 for fingerprinting and $50 for the criminal history record check.
Group 5 – Sponsoring Organization
This grouping of regulations is designed to:
- clearly define the roles and responsibilities of the sponsoring organization for both EMS continuing education and EMS initial courses of instruction;
- decrease the paperwork submission burden on sponsoring organizations requesting course approval;
- clearly identify the Board’s expectation of successful course completion and requiring sponsoring organizations that do not meet this expectation to identify how they will adjust to ensure this expectation is met;
- make technical amendments due to terminology changes enacted from the 2019 Legislative Session; and
- standardize structure within regulations to aid in making processes simpler and easier for constituents to understand.
To achieve this, the following proposed permanent regulations are being amended to incorporate a new article of regulations, Article 17, designed to take all sponsoring organization requirements throughout the Board’s existing regulations and to place them into a single article with four (4) regulations. This design led to the proposed revocation of four (4) existing regulations as their content was addressed in the new regulations and amendments to ten (10) other regulations. Regulations impacted by this change are as follows:
K.A.R. 109-1-1, Definitions, is an existing regulation that defines terms utilized within the Board’s regulations. Proposed revisions are for terminology changes from the 2019 Legislature, removal of terms no longer necessary, and addition of new terms to incorporate the previously stated goals.
K.A.R. 109-5-1, Continuing education, is an existing regulation that further defines EMS continuing education. Proposed revisions add the definition of “continuing education,” clearly identify what is adequate documentation of continuing education and remove areas that are duplicative or are addressed within K.A.R. 109-17-4.
K.A.R. 109-5-3, Continuing education approval for long-term providers, is an existing regulation that defines the requirements for organizations desiring to provide continuing education as a long-term provider. Proposed revisions involve reflecting the change in process for requesting approval and removal of areas that are addressed within K.A.R. 109-17-4.
K.A.R. 109-5-6, Continuing education approval for single-program provider, is an existing regulation that defines the requirements for organizations desiring to provide continuing education as a single program provider. Proposed revisions involve reflecting the change in requirements of requesting approval for a single-program offering.
K.A.R. 109-10-3, Late enrollment, is an existing regulation that describes the process for a sponsoring organization as it relates to an individual enrolling late into an initial course of instruction. Proposing to revoke this regulation due to all sections being addressed within K.A.R. 109-17-3.
K.A.R. 109-10-6, Required training equipment and supplies, is an existing regulation that describes requirements for training equipment and supplies for initial courses of instruction. Proposing to revoke this regulation due to all sections being addressed within K.A.R. 109-17-1 and 109-17-3.
K.A.R. 109-10-7, Distance learning, is an existing regulation that describes what mechanisms must be in place for a sponsoring organization to offer instruction in a distance learning format. Proposing to revoke this regulation due to all sections being addressed within K.A.R. 109-17-3 and 109-17-4.
K.A.R. 109-11-1a, Emergency medical responder (EMR) course approval, is an existing regulation that defines the requirements for gaining EMR course approval.
K.A.R. 109-11-3a, Emergency medical technician (EMT) course approval, is an existing regulation that defines the requirements for gaining EMT course approval.
K.A.R. 109-11-4a, Advanced emergency medical technician (AEMT) course approval, is an existing regulation that defines the requirements for gaining AEMT course approval.
K.A.R. 109-11-6a, Paramedic course approval, is an existing regulation that defines the requirements for gaining paramedic course approval.
K.A.R. 109-11-7, Instructor-coordinator course approval, is an existing regulation that defines the requirements for gaining instructor-coordinator course approval.
Proposed revisions to these previous five (5) regulations are to offer consistency in language and structure and to simplify the application process through utilization of requirements addressed within K.A.R. 109-17-3.
K.A.R. 109-11-8, Successful completion of a course of instruction, is an existing regulation that details the requirements for successful completion of a course of instruction. Proposed revisions are to provide a single location that outlines the requirements for successful course completion and allows for competency-based educational end metrics.
K.A.R. 109-11-9, Instructor qualifications, is an existing regulation detailing the qualifications necessary to be an instructor of EMS education. Proposing to revoke this regulation due to all sections being addressed within K.A.R. 109-17-1.
K.A.R. 109-17-1, Sponsoring organization; general requirements; program manager, is a proposed new regulation providing the requirements of a sponsoring organization and responsibilities of a program manager.
K.A.R. 109-17-2, Sponsoring organization; application for approval; approval renewal, is a proposed new regulation providing details on how to apply for approval as a sponsoring organization and the process for renewal of such approval.
K.A.R. 109-17-3, Sponsoring organization; initial course of instruction, is a proposed new regulation providing the additional requirements for sponsoring organizations that choose to provide EMS initial courses of instruction.
K.A.R. 109-17-4, Sponsoring organization; continuing education, is a proposed new regulation providing the additional requirements for sponsoring organizations that choose to provide EMS continuing education.
There is no anticipated economic impact to any governmental agency or unit or to the general public in implementation or compliance to these proposed regulations. The agency estimates that any cost would be savings, but believe the changes simply increase efficiency, simplify the regulations, and make it easier for an organization to maintain compliance without compromising public safety.
Copies of the complete regulations and the complete economic impact statements may be obtained from the Board of Emergency Medical Services at the contact information above or can be accessed at http://www.ksbems.org.
Joseph House
Executive Director
Doc. No. 049413
