GENERAL GOVERNMENT CABINET
Board of Medical Licensure
(As Amended at ARRS, October 13, 2015)
201 KAR 9:310. Continuing medical
education.
RELATES
TO: KRS 214.610,[214.615,] 214.620, 218A.205,
311.565(1)(b), 311.601, 620.020
STATUTORY
AUTHORITY: KRS 311.565(1)(a), (b), 311.601(1), (2)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 311.601(1) authorizes the board to promulgate an
administrative regulation that establishes requirements to ensure[insure]
the continuing professional competency of licensees. This administrative
regulation establishes continuing medical education requirements for physicians
in Kentucky, including requirements for courses relating to the use of KASPER,
pain management, and addiction disorders required for physicians who prescribe
or dispense controlled substances in the Commonwealth of Kentucky.
Section
1. Continuing Medical Education. Except as provided in Section 4 of this
administrative regulation, at the time a licensee seeks to renew his or her
license, the licensee shall submit verification of satisfactory completion of a
program of continuing medical education using the Continuing Medical Education
Certification Form by the renewal deadline established in 201 KAR 9:051.
Section
2. In order to meet the continuing medical education requirements, a licensee
shall:
(1)
Submit evidence that thirty (30) of the sixty (60) hours were certified in
Category I by an organization accredited by the:
(a)
Accreditation Council on Continuing Medical Education; or
(b)
The American Osteopathic Association;
(2)
Submit evidence that:
(a)
The licensee has received the American Medical Association's "physician
recognition award", or the American Osteopathic Association's
"osteopathic physicians' recognition award"; and
(b)
The award is in effect at the time the license is renewed;
(3)
Submit verification that the:
(a)
Licensee has completed continuing medical education requirements of any
specialty organization which is recognized by the American Medical Association
or American Osteopathic Association as at least equivalent to their recognition
awards; and
(b)
Certification is in effect at the time a license is renewed; or
(4)
Submit verification that the licensee is in, or has been in, an approved
postgraduate training program. Each year of postgraduate training shall be
equivalent to fifty (50) hours of continuing medical education.
Section
3. Required Hours of Continuing Education. (1)(a) For each three (3) year
continuing education cycle, a licensee shall complete a total of sixty (60)
hours of continuing medical education, if his or her license has been renewed
for each year of a continuing medical education cycle.
(b)
If the license has not been renewed for each year of a continuing medical
education cycle, a licensee shall complete twenty (20) hours of continuing
medical education for each year for which the license has been renewed.
(c)
A licensee whose initial licensure was granted the first year of the continuing
education cycle for which verification is submitted shall complete sixty (60)
hours of continuing medical education before the end of the cycle.
(d)
A licensee whose initial licensure was granted the second year of the
continuing education cycle for which verification is submitted shall complete
forty (40) hours of continuing medical education before the end of the cycle.
(e)
A licensee whose initial licensure was granted the third year of the continuing
education cycle for which verification is submitted shall complete twenty (20)
hours of continuing medical education before the end of the cycle.
(2)
Upon renewal of licensure following the end of a three (3) year continuing
education cycle, a licensee shall certify that he or she has met the continuing
medical education requirements for the cycle as provided by this section.
(3)
Verification of completion of continuing medical education requirements shall
be submitted upon request by the board.
Section
4. Extensions of Time. (1) To request an extension of time, the licensee shall
submit:
(a)
A completed Request for Extension to Complete Required CME Hours; and
(b)
The fee required by 201 KAR 9:041, Section 1(17).
(2)
The board may grant an extension of time to a physician who for sufficient
cause has not yet received continuing medical education certification, following
the submission of the items required by subsection (1) of this section. For the
purposes of this subsection, sufficient cause includes 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.
Section
5.[During each ten (10) year period of practice, each licensee shall
complete a minimum of one (1) hour of continuing medical education in HIV/AIDS
courses approved pursuant to KRS 214.610, 214.615 and 214.620.
Section
6.] (1) For each three (3) year continuing education cycle beginning on
January 1, 2015, a licensee who is authorized to prescribe or dispense
controlled substances within the commonwealth at any time during that cycle
shall complete at least four and one-half (4.5) hours of approved continuing
education hours relating to the use of KASPER, pain management, addiction
disorders, or a combination of two (2) or more of those subjects. A licensee
may satisfy this requirement by completing a single approved program of four
and one-half (4.5) hours or longer or by completing multiple approved programs
for a total of four and one-half (4.5) hours or longer for that cycle.
(2)
Each physician licensed to practice medicine or osteopathy within the
Commonwealth of Kentucky who is authorized to prescribe or dispense controlled
substances within the commonwealth from July 20, 2012 through the end of the
three (3) year continuing education cycle beginning on January 1, 2012 and
ending on December 31, 2014 shall complete at least four and one-half (4.5)
hours of approved Category I Credit continuing medical education hours relating
to the use of KASPER, pain management, addiction disorders, or a combination of
two (2) or more of those subjects on or before December 31, 2014. The licensee
may satisfy this requirement by completing a single approved program of four
and one-half (4.5) hours or longer or by completing multiple approved programs
for a total of four and one-half (4.5) hours or longer for this cycle.
(3)
Each physician licensed to practice medicine or osteopathy within the
Commonwealth of Kentucky who is authorized to prescribe or dispense controlled
substances during the calendar years 2013 and 2014, but not during any portion
of 2012, shall complete at least three (3) hours of approved Category I Credit
continuing medical education hours relating to the use of KASPER, pain management,
addiction disorders, or a combination of two (2) or more of those subjects on
or before December 31, 2014. The licensee may satisfy this requirement by
completing a single approved program of three (3) hours or longer or by
completing multiple approved programs for a total of three (3) hours or longer
for those two (2) years.
(4)
Each physician licensed to practice medicine or osteopathy within the
Commonwealth of Kentucky who is authorized to prescribe or dispense controlled
substances during calendar year 2014, but not during any portion of 2012 or
2013, shall complete at least one and one-half (1.5) hours of approved Category
I Credit continuing medical education hours relating to the use of KASPER, pain
management, addiction disorders, or a combination of two (2) or more of those
subjects on or before December 31, 2014. The licensee may satisfy this
requirement by completing a single approved program of one and one-half (1.5)
hours or longer or by completing multiple approved programs for a total of one
and one-half (1.5) hours or longer for that calendar year.
(5)(a)
To qualify as approved continuing education under 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.
(6)(a)
In order to lawfully prescribe or dispense controlled substances within the
Commonwealth of Kentucky, a licensee shall complete the required number of
continuing education hours for each period designated in this section.
(b)
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 shall constitute a violation of KRS 311.595(9) and (12), which shall
constitute an immediate danger to the public health, safety, or welfare, for
the purposes of KRS 311.592 and 13B.125.
(c)
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
restricting that licensee from prescribing or dispensing 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.
(d)
An emergency order restricting a licensee from prescribing or dispensing
controlled substances within the Commonwealth of Kentucky issued pursuant to
paragraph (c) of this subsection 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.
(e)
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[period specified by
the time specified].
(7)
If a licensee prescribes or dispenses a controlled substance within the
Commonwealth of Kentucky during any period after the licensee has failed to complete
the required continuing education hours within the time specified or has failed
to provide written verification of completion within the time specified, each
instance of prescribing or dispensing of a controlled substance shall
constitute a separate violation of KRS 311.595(12) and (9), as illustrated by
KRS 311.597(1)(b), and shall serve as the basis for disciplinary
sanctions pursuant to KRS 311.595.
Section
6.[7.] Each licensee practicing in the specialty of pediatrics,
radiology, family medicine, or emergency medicine and each licensee practicing
in an urgent care practice environment shall complete at least one (1) hour of
continuing medical education regarding the recognition and prevention of
pediatric abusive head trauma in a course approved by the board pursuant to KRS
620.020, prior to December 31, 2017, or within five (5) years of initial
licensure.
Section
7.[8.] The board may randomly require physicians submitting
certification of continuing medical education to demonstrate satisfactory
completion of the continuing medical education requirements stated in the
certification.
Section
8.[9.] (1) A licensee shall be fined $200 or more[a
minimum of $200], if he or she fails to:
(a)
Certify timely completion of[complete]
the continuing medical education requirements; or
(b)
Obtain an extension of time for completion of the continuing medical education
requirements.
(2)(a)
A licensee who obtains an extension of time[subject to
subsection (1) of this section] shall be granted an
extension[a period] of six (6) months to come into
compliance.
(b)
If a licensee has not completed the continuing medical education requirements
within the six (6) month extension[period]
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
9.[10.] A waiver of the requirements established by the
provisions of this administrative regulation shall not be granted.
Section
10.[11.] Incorporation by Reference. (1) The following material
is incorporated by reference:
(a)
"Continuing Medical Education Certification Form", January 2013; and
(b)
"Request for Extension to Complete Required CME Hours", January 2013.
(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, 8 a.m. to 4:30 p.m., Monday
through Friday.
PRESTON
P. NUNNELLEY, M.D., President
APPROVED
BY AGENCY: July 13, 2015
FILED
WITH LRC: July 14, 2015 at 10 a.m.
CONTACT
PERSON: Leanne K. Diakov, General Counsel, Kentucky Board of Medical Licensure,
310 Whittington Parkway, Suite 1B, Louisville, Kentucky 40222, phone (502)
429-7150, fax (502) 429-7118.
