Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
13B.125(3),
214.610,
214.620,
218A.205,
311.565(1)(b),
311.601,
311.842(1),
311.844,
311.850(1)(p),
(s),
311.852,
620.020
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
311.601(1) authorizes the
board to promulgate an administrative regulation that establishes requirements
to ensure the continuing professional competency of licensees.
KRS
311.842(1) authorizes the
board to promulgate administrative regulations relating to the licensing and
regulation of physician assistants. This administrative regulation establishes
continuing medical education requirements for physician assistant licensees in
Kentucky, including requirements for courses relating to the use of KASPER,
pain management, and addiction disorders required for licensees who prescribe
or dispense controlled substances in the Commonwealth of Kentucky.
Section 1. Continuing Medical Education.
(1) At the time a licensee seeks to renew his
or her license, the licensee shall certify that he or she has met the
continuing education requirements for the two (2) year continuing education
cycle using the Continuing Education Certification Form provided by the board
and submitting it by the renewal deadline.
(2) The board may randomly require licensees
submitting certification of continuing education to demonstrate satisfactory
completion of the continuing education hours stated in the certification by
providing verification documentation. If requested, the licensee shall provide
verification within ten (10) days of receiving the request from the
board.
Section 2.
Required Hours of Continuing Education.
(1)
For each two (2) year renewal period and continuing education cycle, a licensee
shall complete a minimum of 100 hours of continuing education approved by the
following:
(a) The American Medical
Association;
(b) The American
Osteopathic Association;
(c) The
American Academy of Family Physicians;
(d) The American Academy of Physician
Assistants; or
(e) Another entity
approved by the board.
(2) If the licensee is authorized to
prescribe or administer controlled substances, for each two (2) year continuing
education cycle, the licensee shall complete, as part of the required 100
continuing education hours, a minimum of seven and one-half (7.5) hours of
board-approved continuing education relating to:
(a) Controlled substance diversion;
(b) Pain management;
(c) Addiction disorders;
(d) The use of KASPER; or
(e) Any combination of two (2) or more of
these subjects.
(3) If
the licensee is authorized to prescribe or administer
Buprenorphine-Mono-Product or Buprenorphine-Combined-with-Naloxone, the
licensee shall complete, as part of the required 100 continuing education
hours, a minimum of twelve (12) hours of board-approved continuing education
relating to addiction medicine for each two (2) year continuing education
cycle.
(4) A licensee shall not be
granted authorization for prescriptive authority of controlled substances or
Buprenorphine-Mono-Product or Buprenorphine-Combined-with-Naloxone until he or
she submits to the board proof of completion of the minimum hours of continuing
education in subsections (2) and (3) of this section within the prior two (2)
years.
(5)
(a) To qualify as board-approved continuing
education under subsections (2) and (3) of this section, the educational
program shall have been approved in advance for the specified number of
continuing education hours by the board.
(b) The board may approve an educational
program that:
1. Consists of a live
presentation;
2. Is presented by a
live or recorded webinar; or
3. Is
presented through an online module.
(c) The board shall maintain a current
listing of approved continuing education programs on its official Web site,
www.kbml.ky.gov.
Section 3. Continuing
education related to pediatric abusive head trauma. Each licensee shall
complete at least one and a half (1.5) hours of continuing education regarding
the recognition and prevention of pediatric abusive head trauma in a course
approved by the board pursuant to
KRS
620.020, within the first two (2) years of
initial licensure or prior to the expiration of first renewal cycle after the
promulgation of this administrative regulation. These hours shall be counted
toward the 100 continuing education hours required in Section 2 of this
administrative regulation.
Section
4. Continuing education related to human immunodeficiency virus
and acquired immunodeficiency syndrome. Each licensee shall complete at least
one (1) hour of continuing education regarding the human immunodeficiency virus
and acquired immunodeficiency syndrome within the first two (2) years of
initial licensure or prior to the expiration of first renewal cycle after the
promulgation of this administrative regulation. These hours shall be counted
toward the 100 continuing education hours required in Section 2 of this
administrative regulation.
Section
5. Sanctions.
(1) Failure to
complete the required number of continuing education hours for the required
period or to submit the required written verification within the time specified
within this administrative regulation shall constitute a violation of
KRS
311.850(1)(p) and (s), which
shall constitute an immediate danger to the public health, safety, or welfare,
for the purposes of
KRS
311.852 and
13B.125.
(2) If the board determines that a licensee
has failed to complete the required continuing education hours within the time
specified or has failed to provide the written verification of completion
within the time specified, the appropriate inquiry panel or its chair shall
promptly issue an emergency order suspending the licensee from practice or
restricting that licensee from prescribing or administering controlled
substances within the Commonwealth of Kentucky until the licensee has completed
the required continuing education hours for that period and has provided
written verification of completion to the board.
(3) An emergency order issued pursuant to
subsection (2) of this section shall remain valid and in effect until the board
has received written verification that the licensee has successfully completed
the required continuing education hours for the time period specified. Upon
receipt of the written verification, the panel or its chair shall immediately
issue an order terminating the emergency order issued pursuant to this
section.
(4) If a licensee who is
affected by an emergency order issued pursuant to this section requests an
emergency hearing pursuant to
KRS
13B.125(3), the hearing
officer conducting the emergency hearing shall affirm the emergency order if
presented with written notification on board letterhead stating that the board
has not received the required written verification that the licensee completed
the required continuing education hours for the continuing medical education
cycle by the deadline date for the cycle.
Section 6. Extensions of Time.
(1) To request an extension of time, the
licensee shall submit:
(a) A completed Request
for Extension to Complete Required CE Hours; and
(b) The fee established in
201 KAR 9:041,
Section 1(17).
(2) The
board may grant an extension of time to a licensee who for sufficient cause has
not yet received continuing education certification, following the submission
of the items required by subsection (1) of this section. For the purposes of
this subsection, sufficient cause shall include situations such as the
following:
(a) An illness;
(b) Any event meeting the Family Medical
Leave Act (FMLA) of 1993,
29 U.S.C.
2601 et seq.,
Pub.L.
103-3 criteria, and the federal regulations
implementing the act, 29 C.F.R. Part 825 ;
(c) Financial exigencies; or
(d) Practice circumstances making it
prohibitive to attend the courses.
(3)
(a) A
licensee who obtains an extension of time shall be granted an extension of six
(6) months to come into compliance.
(b) If a licensee has not completed the
continuing education requirements within the six (6) month extension
established by this subsection, his or her license shall:
1. Be immediately suspended; and
2. Remain suspended until the licensee has
submitted verifiable evidence that he or she has completed the continuing
education requirements.
Section 7. A waiver of the requirements
established by this administrative regulation shall not be granted.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Continuing Education
Certification Form", 072020; and
(b) "Request for Extension to Complete
Required CE Hours", 072020.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Medical Licensure, 310 Whittington Parkway, Suite 1B, Louisville, Kentucky
40222, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
218A.205(3)(i),
311.565(1)(a),
(b),
311.601(1),
(2),
311.842(1)
