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 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.
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 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 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 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 9. (1) A licensee shall be fined
a minimum of $200, if he or she fails to:
(a) Timely 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 subject to subsection
(1) of this section shall be granted 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 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 10. A waiver of the requirements
established by the provisions of this administrative regulation shall not be
granted.
Section 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. (20
Ky.R. 163; Am. 744; eff. 10-13-1993; 23 Ky.R. 2840; 3557; eff. 3-19-1997; 28
Ky.R. 2243; 2570; eff. 6-14-2002; 39 Ky.R. 526; 1676; eff. 3-4-2013; 41 Ky.R.
1132; 1783; eff. 2-26-2015.)
