Kansas Attorney General Opinion 2016-011

June 23, 2016
ATTORNEY GENERAL OPINION NO. 2016-11
Eric R. Yost
Sedgwick County Counselor
525 North Main, Suite 359
Wichita, KS 67203-3731
Re: 	Public Health‒Emergency Medical Services‒Powers and Duties of the
Emergency Medical Services Board; Medical Director
Synopsis: 	The 	medical 	director 	of 	an 	ambulance 	service 	may 	require 	certified
emergency 	medical 	staff 	to 	complete 	training 	beyond 	that 	which 	is
mandated by the Kansas Board of Emergency Medical Services. Cited
herein: K.S.A 65-6101; K.S.A. 2015 Supp. 65-6110; 65-6111; 65-6112;
K.S.A. 65-6125; K.S.A. 2015 Supp. 65-6126; 65-6129; K.A.R. 109-10-1a;
K.A.R. 109-10-2b; K.A.R. 109-10-1c; K.A.R. 109-10-1d.
* 	* 	*
Dear Mr. Yost:
As Sedgwick County Counselor, you ask our opinion on whether the medical director of
an ambulance service may require emergency medical services (EMS) attendants to
complete training or examinations beyond that which is mandated by the Kansas Board
of Emergency Medical Services (Board) prior to performing medical activities for the
ambulance service. We believe the answer to your question is yes.
The 	Board 	is 	authorized 	by 	law 	to 	establish 	minimum 	education 	and 	training
requirements 	to 	qualify 	for 	certification 	as 	an 	EMS 	attendant. 1 	The 	Board 	has
established those requirements by regulation. 2
1 K.S.A. 2015 Supp. 65-6110(a)(3), 65-6111(a)(8), and 65-6129(a)(1)(A)(i) and (ii). “’Attendant’ means a
first responder, an emergency medical responder, emergency medical technician, emergency medical
technician-intermediate, emergency medical technician-defibrillator, emergency medical technician-

Eric Yost
Page 2
Each ambulance service must obtain a permit from the Board, 3 and must retain a
medical director to review and implement medical protocols and supervise the activities
and education of attendants. 4 The medical director must be a physician, 5 but the
medical director is not required to obtain a license or other certification from the Board.
Your question essentially asks whether a medical director is prohibited from requiring
certified EMS attendants to complete education or examinations, in addition to the
minimum standards for certification established by the Board, before allowing the
attendants to provide medical services. There is nothing in K.S.A. 65-6101 et seq., or
regulations adopted thereunder, that restricts the medical director of an ambulance
service in such a manner. Likewise, there is nothing in K.S.A. 65-6101 et seq. to
indicate that the pre-certification educational requirements established by the Board are
intended to be the maximum amount of education that can be required of an attendant.
In your letter, you state, “[w]e believe that the Medical Director can mandate successful
completion of these tests and prevent EMS workers from performing services until
successful completion, as long as the exams do not require extra training or education
above that which is required by the [Board].” We agree with the first part of your
assertion, 	but 	not 	the 	second. 	The 	minimum 	qualifications 	for 	certification 	as 	an
attendant do not serve to limit the training that an ambulance service, as an employer,
may require of EMS attendants in its employ. Whether local employment rules or
contracts provide such a limitation is a question of fact.
Under Kansas statutes and regulations, the answer to your question is yes.
Sincerely,
Derek Schmidt
Attorney General
Sarah Fertig
Assistant Attorney General
DS:AA:SF:sb
intermediate/defibrillator, advanced emergency medical technician, mobile intensive care technician or
paramedic certified pursuant to [K.S.A. 65-6101 et seq.].” K.S.A. 2015 Supp. 65-6112(f).
2 K.A.R. 109-10-1a through K.A.R. 109-10-1d.
3 K.S.A. 65-6125.
4 K.S.A. 2015 Supp. 65-6126. The Board may approve an alternate procedure for medical oversight if no
medical director is available. Id.
5 K.S.A. 2015 Supp. 65-6112(q).