201 KAR 9:310. Continuing medical education

Link to law: http://www.lrc.ky.gov/kar/201/009/310.htm
Published: 2015

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      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.)