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AN ACT relating to emergency medical services and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The Cabinet for Health and Family Services shall establish and operate the 5
Emergency Medical Services Advisory Committee to study the current provision 6
of emergency medical services and medical transportation and to develop 7
strategies to better meet the needs of Kentucky’s citizens. 8
(2) The advisory committee shall study: 9
(a) The response times of ambulances and other medical transportation 10
providers; 11
(b) How to revise the levels of certification or licensure established by Section 4 12
or 6 of this Act or created by the Office of Inspector General pursuant to 13
subsection (2) of Section 6 of this Act; 14
(c) Improvements for the delivery of services to patients in need of physical or 15
behavioral health services; and 16
(d) Other issues relating to emergency medical services and medical 17
transportation. 18
(3) The advisory committee shall be composed of at least the following members: 19
(a) The secretary of the Cabinet for Health and Family Services, or his or her 20
designee; 21
(b) The commissioner of the Department for Medicaid Services, or his or her 22
designee; 23
(c) The commissioner of the Department for Behavioral Health, Developmental 24
and Intellectual Disabilities, or his or her designee; 25
(d) The inspector general for the cabinet, or his or her designee, who shall 26
serve as chair of the advisory committee; 27 UNOFFICIAL COPY 22 RS BR 822
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(e) Two (2) physicians appointed by the Kentucky Medical Association; 1
(f) Two (2) representatives of the Kentucky Ambulance Providers Association 2
appointed by the Kentucky Ambulance Providers Association; 3
(g) Two (2) hospital administrators appointed by the Kentucky Hospital 4
Association; 5
(h) Two (2) representatives of the Kentucky Hospital Association appointed by 6
the Kentucky Hospital Association; 7
(i) One (1) local government representative appointed by the Kentucky 8
Association of Counties; 9
(j) One (1) local government representative appointed by the Kentucky League 10
of Cities; 11
(k) Two (2) representatives of the Kentucky Mental Health Coalition appointed 12
by the Kentucky Mental Health Coalition; 13
(l) One (1) nursing home administrator appointed by the Kentucky Association 14
of Health Care Facilities/Kentucky Center for Assisted Living; 15
(m) One (1) nursing home administrator appointed by LeadingAge Kentucky; 16
(n) One (1) representative of LeadingAge Kentucky appointed by LeadingAge 17
Kentucky; 18
(o) One (1) representative of the Kentucky Association of Health Care 19
Facilities/Kentucky Center for Assisted Living appointed by the Kentucky 20
Association of Health Care Facilities/Kentucky Center for Assisted Living; 21
and 22
(p) One (1) representative of the Kentucky Association of Hospice and 23
Palliative Care appointed by the Kentucky Association of Hospice and 24
Palliative Care. 25
(4) If an entity identified in subsection (3) of this section ceases to exist or changes 26
its name, its successor organization shall assume the representation or 27 UNOFFICIAL COPY 22 RS BR 822
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appointment for that entity. 1
(5) Each appointive member of the committee shall serve without compensation but 2
each committee member not otherwise compensated for his or her time or 3
expenses shall be entitled to reimbursement for his or her actual and necessary 4
expenses in carrying out his or her duties with reimbursement for expenses being 5
made in accordance with state regulations relating to travel reimbursement. 6
(6) The advisory committee shall be attached to the Cabinet for Health and Family 7
Services for administrative staffing purposes. 8
(7) The advisory committee shall meet at least quarterly beginning on July 1, 2022. 9
(8) The advisory committee shall submit annual findings and recommendations for 10
legislative actions to the Governor, the Legislative Research Commission, and the 11
Interim Joint Committee on Health, Welfare, and Family Services by December 1 12
of each year. 13
(9) At any meeting, the advisory committee may request the Cabinet for Health and 14
Family Services to promulgate administrative regulations in accordance with 15
KRS Chapter 13A that do not require a statutory change in order to address 16
issues discussed by the advisory committee. 17
Section 2. KRS 311A.010 is repealed, reenacted as a new section of KRS 18
Chapter 216B, and amended to read as follows: 19
As used in this chapter, unless the context otherwise requires: 20
(1) "Advanced emergency medical technician" or "AEMT" means a person certified by 21
the office[board] under this chapter as an advanced emergency medical technician; 22
(2) "Advanced practice paramedic" or "APP" means a paramedic licensed by the 23
office[board] under this chapter as a paramedic and certified by the office[board] 24
under this chapter in at least one (1) emergency medical services subspecialty, 25
including community paramedic, critical care paramedic, wilderness paramedic, 26
tactical paramedic, or flight paramedic; 27 UNOFFICIAL COPY 22 RS BR 822
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(3) "Ambulance" means a vehicle that[which] has been inspected and approved by the 1
office[board], including a helicopter or fixed-wing aircraft, except vehicles or 2
aircraft operated by the United States government, that are specially designed, 3
constructed, or have been modified or equipped with the intent of using the same, 4
for the purpose of transporting any individual who is sick, injured, or otherwise 5
incapacitated who may require immediate stabilization or continued medical 6
response and intervention during transit or upon arrival at the patient's destination to 7
safeguard the patient's life or physical well-being; 8
(4) "Ambulance provider" means any individual or private or public organization, 9
except the United States government, who is licensed by the office[board] to 10
provide medical services that may include transport at either basic life support level 11
or advanced life support level and who may have a vehicle or vehicles, including 12
ground vehicles, helicopters, or fixed-wing aircraft to provide such transportation. 13
An ambulance provider shall be licensed in accordance with the classification 14
system established pursuant to Section 6 of this Act[may be licensed as a Class I, 15
II, III, or IV ground ambulance provider, a Class VI medical first response provider, 16
a Class VII air ambulance provider, or a Class VIII event medicine provider; 17
(5) "Board" means the Kentucky Board of Emergency Medical Services]; 18
(5)[(6)] "Community paramedic" or "CP" means an advanced practice paramedic 19
certified under this chapter as a CP; 20
(6)[(7)] "Emergency medical facility" means a hospital or any other institution 21
licensed by the Cabinet for Health and Family Services that furnishes emergency 22
medical services; 23
(7)[(8)] "Emergency medical responder" or "EMR" means a person certified under this 24
chapter as an EMR or EMR instructor; 25
(8)[(9)] "Emergency medical services" or "EMS" means the services utilized in 26
providing care for the perceived individual need for immediate medical care to 27 UNOFFICIAL COPY 22 RS BR 822
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protect against loss of life, or aggravation of physiological or psychological illness 1
or injury; 2
(9)[(10)] "Emergency medical services educator" or "EMS educator" means a person 3
who is certified and licensed by the office[board] under this chapter as a Level I, II, 4
or III EMS educator to provide emergency medical services education and training 5
with the scope of practice established by the office[board] through administrative 6
regulations; 7
(10)[(11)] "Emergency Medical Services for Children Program" or "EMSC Program" 8
means the program established under this chapter; 9
(11)[(12)] "Emergency medical services medical director" means a physician licensed in 10
Kentucky and certified by the office[board] under this chapter who is employed by, 11
under contract to, or has volunteered to provide supervision for a paramedic or an 12
ambulance service, or both; 13
(12)[(13)] "Emergency medical services personnel" means: 14
(a) Persons trained to provide emergency medical services and certified or 15
licensed by the office[board] under this chapter as an AEMT, APP, EMR, 16
EMR instructor, EMT, EMT instructor, paramedic, or paramedic instructor; 17
and 18
(b) Authorized emergency medical services medical directors and mobile 19
integrated healthcare program medical directors, whether on a paid or 20
volunteer basis; 21
(13)[(14)] "Emergency medical services system" means a coordinated system of health-22
care delivery that responds to the needs of acutely sick and injured adults and 23
children, and includes community education and prevention programs, mobile 24
integrated healthcare programs, centralized access and emergency medical dispatch, 25
communications networks, trained emergency medical services personnel, medical 26
first response, ground and air ambulance services, trauma care systems, mass 27 UNOFFICIAL COPY 22 RS BR 822
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casualty management, medical direction, and quality control and system evaluation 1
procedures; 2
(14)[(15)] "Emergency medical services training or educational institution" means any 3
organization licensed by the office[board] under this chapter to provide emergency 4
medical services training or education or in-service training, other than a licensed 5
ambulance service that[which] provides training, or in-service training in-house for 6
its own employees or volunteers; 7
(15)[(16)] "Emergency medical technician" or "EMT" means a person certified under 8
this chapter as an EMT or EMT instructor; 9
(16) "Inspector general" means the inspector general appointed by the secretary of 10
the Cabinet for Health and Family Services as required by KRS 194A.030; 11
(17) ["Executive director" means the executive director of the Kentucky Board of 12
Emergency Medical Services; 13
(18) ]"Mobile integrated healthcare" or "MIH" means a program licensed by the 14
office[board] under this chapter to provide services including evaluation, advice, 15
and medical care for the purpose of preventing or improving a particular medical 16
condition outside of a hospital setting to eligible patients who do not require or 17
request emergency medical transportation; 18
(18)[(19)] "Mobile integrated healthcare program medical director" or "MIH program 19
medical director" means a physician licensed in Kentucky and certified by the 20
office[board] under this chapter who is employed by, under contract to, or has 21
volunteered to provide supervision for a licensed MIH program; 22
(19) "Office" means the Cabinet for Health and Family Services, Office of Inspector 23
General; 24
(20) "Paramedic" means a person who is involved in the delivery of medical services and 25
is licensed under this chapter; 26
(21) "Paramedic preceptor" means a licensed paramedic who supervises a paramedic 27 UNOFFICIAL COPY 22 RS BR 822
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student during the field portion of the student's training; 1
(22) "Prehospital care" means the provision of emergency medical services, mobile 2
integrated healthcare, or transportation by trained and certified or licensed 3
emergency medical services personnel at the scene or while transporting sick or 4
injured persons to a hospital or other emergency medical facility; [and] 5
(23) "Secretary" means the secretary of the Cabinet for Health and Family Services; 6
and 7
(24) "Trauma" means a single or multisystem life-threatening or limb-threatening injury 8
requiring immediate medical or surgical intervention or treatment to prevent death 9
or permanent disability. 10
Section 3. KRS 311A.020 is repealed, reenacted as a new section of KRS 11
Chapter 216B, and amended to read as follows: 12
(1) The office[board] shall: 13
(a) Exercise all of the administrative functions of the state not regulated by the 14
Board of Medical Licensure [or Cabinet for Health and Family Services ]in 15
the regulation of the emergency medical services system and the practice of 16
emergency medical services, and emergency medical services training 17
institutions[, with the exception of employment of personnel as described in 18
subsections (5) and (6) of this section]; 19
(b) Issue any licenses or certifications authorized by this chapter; 20
(c) [Oversee the operations and establish the organizational structure of the Office 21
of the Kentucky Board of Emergency Medical Services, which is created and 22
shall be attached to the board for administrative purposes. The office shall be 23
headed by the executive director appointed under paragraph (d) of this 24
subsection and shall ]Be responsible for: 25
1. Personnel and budget matters affecting the office[board]; 26
2. Fiscal activities of the office[board], including grant writing and 27 UNOFFICIAL COPY 22 RS BR 822
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disbursement of funds; 1
3. Information technology, including the design and maintenance of 2
databases; 3
4. Certification and recertification of emergency medical responders; 4
5. Certification and recertification of emergency medical technicians and 5
advanced emergency medical technicians; 6
6. Licensure and relicensure of ambulances, ambulance services, and 7
mobile integrated healthcare programs; 8
7. Licensure and relicensure of paramedics; 9
8. Certification and recertification of advanced practice paramedics; 10
9. Certification and recertification of EMS educators; 11
10. Investigation of and resolution of quality complaints and ethics issues; 12
and 13
11. Other responsibilities that may be assigned to the inspector general by 14
the secretary[executive director by the board]; 15
(d) [Employ an executive director and deputy executive director and fix the 16
compensation. The executive director and deputy executive director shall 17
serve at the pleasure of the board, administer the day-to-day operations of the 18
Office of the Kentucky Board of Emergency Medical Services, and supervise 19
all directives of the board. The director and deputy executive director shall 20
possess a baccalaureate degree and shall have no less than five (5) years of 21
experience in public administration or in the administration of an emergency 22
medical services program; 23
(e) Employ or contract with a physician licensed in Kentucky who is board 24
certified in emergency medicine and fix the compensation. The physician shall 25
serve at the pleasure of the board and as the medical advisor to the Kentucky 26
Board of Emergency Medical Services and the staff of the board; 27 UNOFFICIAL COPY 22 RS BR 822
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(f) Employ or contract with an attorney licensed to practice law in Kentucky and 1
fix the compensation. The attorney shall serve at the pleasure of the board and 2
have primary assignment to the board; 3
(g) ]Employ personnel sufficient to carry out the statutory responsibilities of the 4
office;[board. 5
1. Personnel assigned to investigate an emergency medical responder program 6
complaint or regulate the emergency medical responder programs shall be 7
certified emergency medical responders, emergency medical technicians, 8
advanced emergency medical technicians, or licensed paramedics. 9
2. Personnel assigned to investigate an emergency medical technician program 10
complaint or regulate the emergency medical technician program shall be 11
certified emergency medical technicians, advanced emergency medical 12
technicians, or paramedics. 13
3. Personnel assigned to investigate an advanced emergency medical technician 14
program complaint or regulate the advanced emergency medical technician 15
program shall be certified advanced emergency medical technicians or 16
paramedics. 17
4. Personnel assigned to investigate a paramedic program complaint or regulate 18
the paramedic program shall be licensed paramedics. 19
5. A person who is employed by the board who is licensed or certified by the 20
board shall retain his or her license or certification if he or she meets the in-21
service training requirements and pays the fees specified by administrative 22
regulation. 23
6. A person who is employed by the board may instruct in emergency medical 24
subjects in which he or she is qualified, with the permission of the board. All 25
instruction shall be rendered without remuneration other than his or her state 26
salary and the employee shall be considered as on state duty when teaching. 27 UNOFFICIAL COPY 22 RS BR 822
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7. A person who is employed by the board may render services for which the 1
person is qualified at a declared disaster or emergency or in a situation where 2
trained personnel are not available until those personnel arrive to take over the 3
patient, or where insufficient trained personnel are available to handle a 4
specific emergency medical incident. All aid shall be rendered without 5
remuneration other than the employee's state salary and the employee shall be 6
considered as on state duty when rendering aid. In cases specified in this 7
paragraph, the state medical advisor shall serve as the emergency medical 8
services medical director for the employee; 9
(h) Establish committees and subcommittees and the membership thereof. 10
Members of committees and subcommittees do not need to be members of the 11
board; 12
(i)](e) Enter into contracts, apply for grants and federal funds, and disburse 13
funds to local units of government as approved by the General Assembly. All 14
funds received by the office[board] shall be placed in a trust and agency 15
account in the State Treasury subject to expenditure by the office[board]; 16
(f)[(j)] Administer the Emergency Medical Services for Children Program; and 17
(g)[(k)] Establish minimum curriculum and standards for emergency medical 18
services training. 19
(2) The office[board] may utilize materials, services, or facilities as may be made 20
available to it by other state agencies or may contract for materials, services, or 21
facilities. 22
[(3) The board may delegate to the executive director, by written order, any function 23
other than promulgation of an administrative regulation specified in this chapter. 24
(4) Except for securing funding for trauma centers, the board shall not serve as the lead 25
agency relating to the development or regulation of trauma systems, but shall be a 26
partner with other state agencies in the development, implementation, and oversight 27 UNOFFICIAL COPY 22 RS BR 822
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of such systems. 1
(5) (a) The Kentucky Community and Technical College System shall employ 2
personnel for the work of the board, and the personnel in the positions 3
described in this section and all other persons in administrative and 4
professional positions shall be transferred to the personnel system of the 5
Kentucky Community and Technical College System on July 12, 2006, in the 6
appropriate classification to carry out the mission of the board. All employees 7
transferred under this paragraph shall have all employment records and 8
months of service credit transferred to the Kentucky Community and 9
Technical College System. Employees of the board transferred under this 10
paragraph who subsequently return to state employment under KRS Chapter 11
18A shall have their employment records and months of service credit under 12
the Kentucky Community and Technical College System transferred back to 13
the KRS Chapter 18A personnel system, and the employment records and 14
months of service credit shall be used in calculations for all benefits under 15
KRS Chapter 18A. 16
(b) New employees hired or contracted after July 12, 2006, shall be employed or 17
contracted by the Kentucky Community and Technical College System. 18
(6) The board shall appoint a personnel committee consisting of the chair of the board, 19
one (1) physician member of the board, one (1) ambulance service provider member 20
of the board, one (1) additional member of the board selected by the chair of the 21
board, and one (1) representative of the Kentucky Community and Technical 22
College System administration. The personnel committee shall conduct an annual 23
job performance review of the executive director, the medical advisor, and the 24
board attorney that conforms with the personnel standards of the Kentucky 25
Community and Technical College System and includes a recommendation for or 26
against continued employment to be presented to the personnel office of the 27 UNOFFICIAL COPY 22 RS BR 822
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Kentucky Community and Technical College System. 1
(7) All state general fund moneys appropriated to the board, all federal funds, all 2
moneys collected by the board, and all equipment owned by the board shall be 3
transferred to the Kentucky Community and Technical College System on July 1, 4
2006. 5
(8) The board shall develop a proposed biennial budget for all administrative and 6
operational functions and duties in conjunction with the Kentucky Community and 7
Technical College System budget submission process. The Kentucky Community 8
and Technical College System shall not make changes to the budget proposal 9
submitted by the board, but may submit written comments on the board's budget 10
proposal to the board and other agencies in the budget submission process.] 11
Section 4. KRS 311A.025 is repealed, reenacted as a new section of KRS 12
Chapter 216B, and amended to read as follows: 13
(1) The office[board] shall, subject to the provisions of this chapter, create levels of 14
certification or licensure, as appropriate for individuals providing services under 15
this chapter. These may consist of but not be limited to: 16
(a) Emergency medical services educator, Level I, II, and III; 17
(b) Emergency medical responder; 18
(c) Emergency medical technician and advanced emergency medical technician; 19
(d) Paramedic, advanced practice paramedic, and paramedic preceptor; 20
(e) Emergency medical services medical director who supervises a person or 21
organization licensed or certified by the office[board]; 22
(f) Mobile integrated healthcare program medical director who supervises an 23
MIH program licensed by the office[board]; 24
(g) Emergency medical service training institution; 25
(h) Emergency medical service testing agency; 26
(i) Ground ambulance service, including categories thereof; 27 UNOFFICIAL COPY 22 RS BR 822
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(j) Air ambulance service; 1
(k) Medical first response provider; 2
(l) Emergency medical dispatcher, emergency medical dispatch instructor, and 3
emergency medical dispatch instructor trainer; 4
(m) Emergency medical dispatch center or public safety answering point; and 5
(n) Any other entity authorized by this chapter. 6
(2) The office[board] shall promulgate administrative regulations in accordance with 7
KRS Chapter 13A for any certification or license the office[board] may create. The 8
administrative regulations shall, at a minimum, address: 9
(a) Requirements for students, if appropriate; 10
(b) Requirements for training; 11
(c) Eligibility for certification or licensure; and 12
(d) Renewal, recertification, and relicensure requirements. 13
(3) The office[board] may authorize a physician licensed to practice in Kentucky to 14
serve as an emergency medical services medical director if that physician meets the 15
requirements specified by the office[board] by administrative regulation. 16
Section 5. KRS 311A.027 is repealed and reenacted as a new section of KRS 17
Chapter 216B to read as follows: 18
(1) No public agency, tax district, or other publicly funded emergency medical service 19
first response provider or licensed ambulance service shall have a residence 20
requirement for an employee of or volunteer for the organization. 21
(2) The provisions of subsection (1) of this section shall not preclude an employer or 22
agency specified in subsection (1) of this section from having a requirement for 23
response to a specified location within a specified time limit for an employee or 24
volunteer who is off duty but who is on call to respond for work. 25
Section 6. KRS 311A.030 is repealed, reenacted as a new section of KRS 26
Chapter 216B, and amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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(1) The office[board] shall promulgate administrative regulations in accordance with 1
KRS Chapter 13A to carry out the functions of this chapter, including but not 2
limited to: 3
(a)[(1)] Licensing, inspecting, and regulating of ambulance services, mobile 4
integrated healthcare programs, and medical first -response providers. The 5
administrative regulations shall address specific requirements for: 6
1.[(a)] Class I ground ambulance providers, which provide basic life 7
support or advanced life support services to all patients for emergencies 8
or scheduled ambulance transportation that[which] is medically 9
necessary; 10
2.[(b)] Class II ground ambulance providers, which provide only basic life 11
support services but do not provide initial response to the general 12
population with medical emergencies and which are limited to providing 13
scheduled ambulance transportation that[which] is medically necessary; 14
3.[(c)] Class III ground ambulance providers, which provide mobile 15
intensive care services at or above the level of advanced life support to 16
patients with critical illnesses or injuries who must be transported 17
between hospitals in vehicles with specialized equipment as an 18
extension of hospital-level care; 19
4.[(d)] Class IV ground ambulance providers, which provide basic life 20
support or advanced life support services and transportation for 21
restricted locations such as industrial sites and other sites that do not 22
provide services outside a designated site; 23
5.[(e)] Class V mobile integrated healthcare programs, which do not 24
transport patients as a function of the program and which must be 25
operated by or in affiliation with a Class I ambulance provider that 26
provides emergency medical response in the geographic area; 27 UNOFFICIAL COPY 22 RS BR 822
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6.[(f)] Class VI medical first response providers, which provide basic or 1
advanced life support services, but do not transport patients; 2
7.[(g)] Class VII air ambulance providers, which provide basic or 3
advanced life support services; and 4
8.[(h)] Class VIII event medicine providers, which provide basic or 5
advanced life support services, but do not transport patients;[ and] 6
(b)[(2)] Licensing, inspecting, and regulating of emergency medical services 7
training institutions; 8
(c) Establishing a maximum response time of sixty (60) minutes for a ground 9
ambulance provider to respond to a patient inter-facility transport request 10
that is medically necessary as determined by the transferring physician. If a 11
ground ambulance provider cannot comply with the maximum response 12
time for a requested run, that run may be completed by another 13
transportation provider without regard to designated service areas or 14
mutual aid agreements; 15
(d) Establishing a process for currently licensed ambulance providers to 16
expand their designated service areas to serve a larger region; and 17
(e) Establishing the following minimum requirements: 18
1. An ambulance shall not be needed to transport a patient to a hospital's 19
own helipad or to a necessary service, including but not limited to 20
mobile imaging, located on or adjacent to the hospital campus; 21
2. The requirements for ground vehicle staff shall not include a 22
requirement that the driver of an ambulance be an emergency medical 23
technician (EMT) or certified emergency medical responder as long as 24
there is an EMT or paramedic with the patient; and 25
3. All maximum response times for 911 and inter-facility transport runs 26
shall be the same for patients, regardless of whether the patient is 27 UNOFFICIAL COPY 22 RS BR 822
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seeking physical health treatment or behavioral health treatment. 1
(2) Notwithstanding subsection (1) of this section, the office shall promulgate 2
administrative regulations in accordance with KRS Chapter 13A to revise the 3
classification system for ambulance providers to meet the medical transportation 4
needs of the citizens and healthcare providers of the Commonwealth. The 5
licensure standards for Class I ground ambulance providers shall distinguish 6
between ambulance providers that provide: 7
(a) Only emergency transportation; 8
(b) Only scheduled ambulance transportation; or 9
(c) Both emergency transportation and scheduled ambulance transportation. 10
(3) Nothing in this section shall be construed to change or alter the issuance of 11
certificates of need for emergency medical services providers. 12
Section 7. KRS 311A.032 is repealed, reenacted as a new section of KRS 13
Chapter 216B, and amended to read as follows: 14
(1) Each licensed ambulance provider, as defined in Section 2 of this Act[KRS 15
311A.010], shall: 16
(a) Post in a conspicuous area of the main office, any satellite location, and on the 17
company Web site, if the company hosts or otherwise maintains a Web site 18
itself or through contract with another party, a comprehensive fee schedule of 19
all services provided that is consistent with the Healthcare Common 20
Procedure Coding System (HCPCS). The fee schedule shall: 21
1. Clearly identify fees for services including base rates, mileage, 22
disposable supply fees, and any other potential fees for services 23
provided; and 24
2. Be documented in understandable language with sufficient explanation 25
to allow consumers to draw meaningful comparisons of fees among 26
licensed ambulance providers; 27 UNOFFICIAL COPY 22 RS BR 822
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(b) Provide a copy of this fee schedule to a beneficiary at the time of service upon 1
request; 2
(c) Update fee schedules within fifteen (15) calendar days of any modification; 3
and 4
(d) Submit a report of an initial ambulance provider fee schedule and any 5
subsequent modifications to the office[Kentucky Board of Emergency 6
Medical Services]. The report shall be subject to open records requests under 7
KRS 61.870 to 61.884. 8
(2) The office[Kentucky Board of Emergency Medical Services] shall: 9
(a) Assess a licensed ambulance provider a monetary penalty of one hundred fifty 10
dollars ($150) per occurrence for failure to post or update a modified fee 11
schedule as required under subsection (1) of this section; and 12
(b) Issue a statement of violation consistent with administrative regulations 13
promulgated by the office[Kentucky Board of Emergency Medical Services]. 14
(3) The office[Kentucky Board of Emergency Medical Services] shall promulgate 15
administrative regulations in accordance with KRS Chapter 13A to implement the 16
provisions of this section. 17
Section 8. KRS 311A.035 is repealed, reenacted as a new section of KRS 18
Chapter 216B, and amended to read as follows: 19
The office[board] may carry out the functions of Sections 2 to 37 of this Act[this 20
chapter], including but not limited to: 21
(1) Establishing minimum data reporting requirements, including but not limited to 22
requirements specifically related to emergency medical services and trauma care of 23
children, for ambulance providers and medical first responders, and collection and 24
analysis of data related to the provision of ambulance and medical first 25
responder[emergency medical] services; 26
(2) Maintaining the Emergency Medical Services for Children Program with federal 27 UNOFFICIAL COPY 22 RS BR 822
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funds so designated plus any additional funds that may be appropriated by the 1
General Assembly, or any other funds that may become available to the 2
office[board], including gifts, grants, or other sources; 3
(3) Developing a statewide plan for the implementation of emergency medical services 4
systems and trauma care systems within the Commonwealth of Kentucky that 5
specifically addresses the unique needs of rural areas; 6
(4) Applying for, receiving, and disposing of federal, state, or private funds by grant, 7
appropriation, donation, or otherwise for emergency medical services programs, 8
personnel, and equipment; and 9
(5) Developing, monitoring, and encouraging other projects and programs that may be 10
of benefit to emergency medical services in the Commonwealth. 11
Nothing in this section shall be construed to change or alter the issuance of certificates of 12
need for emergency medical services providers. 13
Section 9. KRS 311A.045 is repealed, reenacted as a new section of KRS 14
Chapter 216B, and amended to read as follows: 15
(1) The office[board] may employ or contract with a coordinator and other positions 16
who shall serve at the pleasure of the office[board] for the Emergency Medical 17
Services for Children Program for which funding is provided by the General 18
Assembly or through any other sources, including gifts, grants, or federal funds. 19
(2) The coordinator shall, subject to the direction of the office[board]: 20
(a) Implement and oversee the Emergency Medical Services for Children 21
Program described in this section; and 22
(b) Serve as liaison for collaboration and coordination between the Emergency 23
Medical Services for Children Program, the office[board] and other public and 24
private organizations, the state traffic safety office, the maternal and child 25
health program, the Medicaid department, the state and local child fatality 26
review and response teams, state and local professional organizations, private 27 UNOFFICIAL COPY 22 RS BR 822
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sector voluntary organizations, and consumer and community representatives. 1
(3) The Emergency Medical Services for Children Program may include but not be 2
limited to the establishment of the following: 3
(a) Guidelines for necessary out-of-hospital medical service equipment; 4
(b) Guidelines and protocols for out-of-hospital pediatric emergency medical 5
services; 6
(c) Assistance in the development and provision of professional education 7
programs for emergency medical services personnel for the provision of 8
emergency care of infants and children; 9
(d) Coordination and cooperation between the Emergency Medical Services for 10
Children Program and other public and private organizations interested or 11
involved in emergency care for children, including those persons and 12
organizations identified in subsection (2)(b) of this section; and 13
(e) Assistance with the purchase of equipment for the provision of medical 14
services for children only. 15
The scope of activities carried out by and the provision of staff for the Emergency 16
Medical Services for Children Program shall be commensurate with the availability 17
of funds. 18
(4) Funds received under this section may be distributed based upon a matching grant 19
system to be developed by the office[board], and distribution shall be need-based. 20
No single grant shall exceed two thousand dollars ($2,000) to the same grantee. 21
(5) Funds received by the Emergency Medical Services for Children Program shall be 22
placed in a trust and agency account in the state treasury which shall not lapse 23
unless grant provisions specify otherwise. No funds shall be expended from a grant 24
except by approval by the secretary or inspector general[vote of the board]. 25
Section 10. KRS 311A.050 is repealed, reenacted as a new section of KRS 26
Chapter 216B, and amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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(1) No person shall: 1
(a) Call or hold himself or herself out as or use the title of emergency medical 2
technician, advanced emergency medical technician, emergency medical 3
responder, paramedic, advanced practice paramedic, emergency medical 4
services educator, paramedic course coordinator, emergency medical services 5
medical director, mobile integrated healthcare program medical director, or 6
any other member of emergency medical services personnel unless licensed or 7
certified under the provisions of this chapter. The provisions of this paragraph 8
shall not apply if the office[board] does not license or certify a person as an 9
instructor in a particular discipline regulated by the office[board]; 10
(b) Operate or offer to operate or represent or advertise the operation of a school 11
or other educational program for emergency medical services personnel unless 12
the school or educational program has been approved and licensed under the 13
provisions of this chapter. The provisions of this paragraph shall not apply to 14
continuing education provided by a licensed ambulance service for anyone 15
certified or licensed by the office[board] given by an ambulance service for its 16
employees or volunteers; or 17
(c) Knowingly employ emergency medical services personnel unless that person 18
is licensed or certified under the provisions of this chapter. 19
(2) No person licensed or certified by the office[board] or who is an applicant for 20
licensure or certification by the office[board] shall: 21
(a) If licensed or certified, violate any provision of this chapter or any 22
administrative regulation promulgated by the office[board]; 23
(b) Use fraud or deceit in obtaining or attempting to obtain a license or 24
certification from the office[board], or be granted a license upon mistake of a 25
material fact; 26
(c) If licensed or certified by the office[board], grossly negligently or willfully act 27 UNOFFICIAL COPY 22 RS BR 822
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in a manner inconsistent with the practice of the discipline for which the 1
person is certified or licensed; 2
(d) Be unfit or incompetent to practice a discipline regulated by the office[board] 3
by reason of negligence or other causes; 4
(e) Abuse, misuse, or misappropriate any drugs placed in the custody of the 5
licensee or certified person for administration, or for use of others; 6
(f) Falsify or fail to make essential entries on essential records; 7
(g) Be convicted of a misdemeanor that[which] involved acts that bear directly on 8
the qualifications or ability of the applicant, licensee, or certified person to 9
practice the discipline for which the person is an applicant, licensee, or 10
certified person, if in accordance with KRS Chapter 335B; 11
(h) Be convicted of a misdemeanor that[which] involved fraud, deceit, breach of 12
trust, or physical harm or endangerment to self or others, acts that bear 13
directly on the qualifications or ability of the applicant, licensee, or certificate 14
holder to practice acts in the license or certification held or sought, if in 15
accordance with KRS Chapter 335B; 16
(i) Be convicted of a misdemeanor offense under KRS Chapter 510 involving a 17
patient or be found by the office[board] to have had sexual contact as defined 18
in KRS 510.010(7) with a patient while the patient was under the care of the 19
licensee or certificate holder; 20
(j) Have had his or her license or credential to practice as a nurse or physician 21
denied, limited, suspended, probated, revoked, or otherwise disciplined in 22
Kentucky or in another jurisdiction on grounds sufficient to cause a license to 23
be denied, limited, suspended, probated, revoked, or otherwise disciplined in 24
this Commonwealth; 25
(k) Have a license or certification to practice in any activity regulated by the 26
office[board] denied, limited, suspended, probated, revoked, or otherwise 27 UNOFFICIAL COPY 22 RS BR 822
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disciplined in another jurisdiction on grounds sufficient to cause a license or 1
certification to be denied, limited, suspended, probated, revoked, or otherwise 2
disciplined in this Commonwealth; 3
(l) Violate any lawful order or directive previously entered by the office[board]; 4
(m) Have been listed on the nurse aide abuse registry with a substantiated finding 5
of abuse, neglect, or misappropriation of property; or 6
(n) Be convicted of, have entered a guilty plea to, or have entered an Alford plea 7
to a felony offense, if in accordance with KRS Chapter 335B. 8
(3) It shall be unlawful for an employer of a person licensed or certified by the 9
office[board] having knowledge of the facts to refrain from reporting to the 10
office[board] on an official complaint form approved by the office[board] through 11
administrative regulation any person licensed or certified by the office[board] who: 12
(a) Has been convicted of, has entered a guilty plea to, or has entered an Alford 13
plea to a felony offense; 14
(b) Has been convicted of a misdemeanor or felony that[which] involved acts that 15
bear directly on the qualifications or ability of the applicant, licensee, or 16
certified person to practice the discipline for which they are an applicant, 17
licensee, or certified person; 18
(c) Is reasonably suspected of fraud or deceit in procuring or attempting to 19
procure a license or certification from the office[board]; 20
(d) Is reasonably suspected of grossly negligently or willfully acting in a manner 21
inconsistent with the practice of the discipline for which they are certified or 22
licensed; 23
(e) Is reasonably suspected of being unfit or incompetent to practice a discipline 24
regulated by the office[board] by reason of negligence or other causes, 25
including but not limited to being unable to practice the discipline for which 26
they are licensed or certified with reasonable skill or safety; 27 UNOFFICIAL COPY 22 RS BR 822
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(f) Is reasonably suspected of violating any provisions of this chapter or the 1
administrative regulations promulgated under this chapter; 2
(g) Has a license or certification to practice an activity regulated by the 3
office[board] denied, limited, suspended, probated, revoked, or otherwise 4
disciplined in another jurisdiction on grounds sufficient to cause a license or 5
certification to be denied, limited, suspended, probated, revoked, or otherwise 6
disciplined in this Commonwealth; 7
(h) Is practicing an activity regulated by the office[board] without a current active 8
license or certification issued by the office[board]; 9
(i) Is reasonably suspected of abusing, misusing, or misappropriating any drugs 10
placed in the custody of the licensee or certified person for administration or 11
for use of others; or 12
(j) Is suspected of falsifying or in a grossly negligent manner making incorrect 13
entries or failing to make essential entries on essential records. 14
(4) A person who violates subsection (1)(a), (b), or (c) of this section shall be guilty of 15
a Class A misdemeanor for a first offense and a Class D felony for each subsequent 16
offense. 17
(5) The provisions of this section shall not preclude prosecution for the unlawful 18
practice of medicine, nursing, or other practice certified or licensed by an agency of 19
the Commonwealth. 20
(6) The filing of criminal charges or a criminal conviction for violation of the 21
provisions of this chapter or the administrative regulations promulgated thereunder 22
shall not preclude the office [of the board ]from instituting or imposing [board 23
]disciplinary action authorized by this chapter against any person or organization 24
violating this chapter or the administrative regulations promulgated thereunder. 25
(7) The institution or imposition of disciplinary action by the office [of the board 26
]against any person or organization violating the provisions of this chapter or the 27 UNOFFICIAL COPY 22 RS BR 822
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administrative regulations promulgated thereunder shall not preclude the filing of 1
criminal charges against or a criminal conviction of any person or organization for 2
violation of the provisions of this chapter or the administrative regulations 3
promulgated thereunder. 4
Section 11. KRS 311A.060 is repealed, reenacted as a new section of KRS 5
Chapter 216B, and amended to read as follows: 6
(1) (a) If it is determined that [an entity or ]a member of emergency medical services 7
personnel regulated, licensed, or certified by the office[board] has violated a 8
statute, administrative regulation, protocol, or practice standard relating to 9
serving as [an entity or ]a member of emergency medical services personnel 10
regulated by the office[board], the office [of the board ]may impose any of the 11
sanctions provided in subsection (2) of this section. Any party to the 12
complaint shall have the right to propose findings of fact and conclusions of 13
law, and to recommend sanctions. 14
(b) For the purposes of this subsection, violation of [" ]a statute, administrative 15
regulation, protocol, or practice standard relating to serving as [an entity 16
regulated by the board, ]a paramedic, first responder, or emergency medical 17
technician["] shall include violation of KRS 304.39-215 and conduct that is 18
subject to the penalties under KRS 304.99-060(4) or (5). 19
(2) The office [of the board ]shall require an acceptable plan of correction and may use 20
any one (1) or more of the following sanctions when disciplining emergency 21
medical services personnel [or any entity ]regulated by the office[board]: 22
(a) Private reprimand that shall be shared with each of the paramedic's, 23
emergency medical responder's, advanced emergency medical technician's, or 24
emergency medical technician's emergency medical services or related 25
employer and medical director; 26
(b) Public reprimand; 27 UNOFFICIAL COPY 22 RS BR 822
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(c) Fines of fifty dollars ($50) to five hundred dollars ($500)[ for a natural person 1
or fifty dollars ($50) to five thousand dollars ($5,000) for a public agency or 2
business entity]; 3
(d) Revocation of certification or licensure; 4
(e) Suspension of certification or licensure until a time certain; 5
(f) Suspension until a certain act or acts are performed; 6
(g) Limitation of practice permanently; 7
(h) Limitation of practice until a time certain; 8
(i) Limitation of practice until a certain act or acts are performed; 9
(j) Repassing a portion of the paramedic, emergency medical responder, 10
advanced emergency medical technician, or emergency medical technician 11
examination; 12
(k) Probation for a specified time; or 13
(l) If it is found that the person who is licensed or certified by the office[board] 14
has been convicted of, pled guilty to, or entered an Alford plea to a felony 15
offense, the license or certification shall be revoked. 16
(3) The filing of criminal charges or a criminal conviction for violation of the 17
provisions of this chapter or the administrative regulations promulgated thereunder 18
shall not preclude the office [of the board ]from instituting or imposing [board 19
]disciplinary action authorized by this chapter against any person [or organization 20
]violating this chapter or the administrative regulations promulgated thereunder. 21
(4) The institution or imposition of disciplinary action by the office [of the board 22
]against any person [or organization ]violating the provisions of this chapter or the 23
administrative regulations promulgated thereunder shall not preclude the filing of 24
criminal charges against or a criminal conviction of any person [or organization ]for 25
violation of the provisions of this chapter or the administrative regulations 26
promulgated thereunder. 27 UNOFFICIAL COPY 22 RS BR 822
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Section 12. KRS 311A.065 is repealed, reenacted as a new section of KRS 1
Chapter 216B, and amended to read as follows: 2
(1) If the office [of the board ]has reasonable cause to believe that any licensee or 3
certificate holder or any applicant for licensure or certification by examination, 4
reinstatement, or change of status is unable to practice with reasonable skill or 5
safety or has abused alcohol or drugs, it may require the person to submit to a 6
mental health, neuropsychological, psychosocial, psychosexual, substance use 7
disorder, or physical evaluation by a licensed or certified practitioner designated by 8
the office[board]. Upon the failure of the person to submit to a mental health, 9
neuropsychological, psychosocial, psychosexual, substance use disorder, or physical 10
evaluation, unless due to circumstances beyond the person's control, the office [of 11
the board ]may initiate an action for immediate temporary suspension pursuant to 12
this chapter or deny the application until the person submits to the required 13
evaluation. The office [of the board ]may issue an immediate and temporary 14
suspension from the time of the evaluation until the hearing. 15
(2) Every licensee or certificate holder or applicant for licensure or certification by 16
examination, reinstatement, or change of status shall be deemed to have given 17
consent to submit to a mental health, neuropsychological, psychosocial, 18
psychosexual, substance use disorder, or physical evaluation when so directed in 19
writing by the office[board]. The direction to submit to an evaluation shall contain 20
the basis of the office's[office of the board's] reasonable cause to believe that the 21
person is unable to practice with reasonable skill or safety, or has abused alcohol or 22
drugs. The person shall be deemed to have waived all objections to the admissibility 23
of the examining physician's or psychologist's testimony or evaluation reports on the 24
ground of privileged communication. 25
(3) The licensee or certificate holder or applicant for licensure or certification by 26
examination, reinstatement, or change of status shall bear the cost of any mental 27 UNOFFICIAL COPY 22 RS BR 822
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health, neuropsychological, psychosocial, psychosexual, substance use disorder, or 1
physical evaluation ordered by the office[board]. 2
Section 13. KRS 311A.080 is repealed, reenacted as a new section of KRS 3
Chapter 216B, and amended to read as follows: 4
(1) No person as defined in KRS 446.010 who is not licensed to do so, or whose license 5
to do so has been suspended, revoked, or denied, shall operate an ambulance service 6
or advanced life support emergency medical first response program. 7
(2) Any person as defined in KRS 446.010 who violates subsection (1) of this section is 8
guilty of a Class A misdemeanor for the first offense and a Class D felony for each 9
subsequent offense. 10
(3) The provisions of this section shall not preclude the office[board] from revoking or 11
increasing the suspension period of a person operating an ambulance service or 12
advanced life support first response program that[which] has illegally operated 13
while its license is under suspension or has been revoked. 14
(4) The filing of criminal charges or a criminal conviction for violation of the 15
provisions of this chapter or the administrative regulations promulgated thereunder 16
shall not preclude the office[board] from instituting or imposing [board 17
]disciplinary action authorized by this chapter against any person [or organization 18
]violating this chapter or the administrative regulations promulgated thereunder. 19
(5) The institution or imposition of disciplinary action by the office[board] against any 20
person [or organization ]violating the provisions of this chapter or the 21
administrative regulations promulgated thereunder shall not preclude the filing of 22
criminal charges against or a criminal conviction of any person [or organization ]for 23
violation of the provisions of this chapter or the administrative regulations 24
promulgated thereunder. 25
Section 14. KRS 311A.085 is repealed, reenacted as a new section of KRS 26
Chapter 216B, and amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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Any person licensed or certified by the office[board] shall immediately notify the office 1
[of the board ]in writing if any professional or business license that is issued to the person 2
by any agency of the Commonwealth or any other jurisdiction is surrendered or 3
terminated under threat of disciplinary action or is refused, suspended, or revoked, or if 4
renewal of continuance is denied. 5
Section 15. KRS 311A.090 is repealed, reenacted as a new section of KRS 6
Chapter 216B, and amended to read as follows: 7
Any person licensed or certified by the office[board] shall, within thirty (30) days of entry 8
of the final judgment, notify the office [of the board ]in writing of any misdemeanor or 9
felony criminal conviction in this Commonwealth or any other jurisdiction. Upon 10
learning of any failure to notify the office [of the board ]under this section, the office [of 11
the board ]may initiate an action for immediate temporary suspension under this chapter 12
until the person submits the required notification. 13
Section 16. KRS 311A.095 is repealed, reenacted as a new section of KRS 14
Chapter 216B, and amended to read as follows: 15
(1) A paramedic license, emergency medical responder certification, advanced 16
emergency medical technician certification, or emergency medical technician 17
certification shall: 18
(a) Be valid for a period of two (2) years upon renewal; and 19
(b) Expire on December 31 of the second year from its initial issuance. 20
(2) The license or certification of each person issued under subsection (1) of this 21
section[every person issued under the provisions of this chapter] shall be renewed at 22
least biennially except as provided in this section. At least six (6) weeks before the 23
renewal date the office [of the board ]shall send notification correspondence for 24
renewal to every person for whom a license or certification was issued during the 25
current licensure or certification period. The applicant shall complete and submit 26
the application for renewal with the renewal fee prescribed by the office[board] in 27 UNOFFICIAL COPY 22 RS BR 822
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an administrative regulation before the expiration date of his or her current license 1
or certification. Upon receipt of the application and fee, the office[board] shall 2
verify the accuracy of the application to determine whether the licensee or person 3
seeking certification has met all the requirements as set forth in this chapter and in 4
the administrative regulations promulgated by the office[board], and, if so, shall 5
issue to the applicant a license or certification to practice or engage in the activity 6
for the ensuing licensure or certification period. Such license or certification shall 7
render the holder a legal practitioner of the practice or activity specified in the 8
license or certification for the period stated on it. The office[board] shall prescribe 9
by administrative regulation the beginning and ending of the licensure or 10
certification period. 11
(3) Any person who is licensed or certified by the office[board] who allows his or her 12
license or certification to lapse by failing to renew the license or certification as 13
provided in this section may be reinstated by the office[board] by meeting the 14
requirements of administrative regulations promulgated by the office[board]. 15
(4) Correspondence regarding renewal of a license or certification shall be sent to the 16
electronic mail address provided by the individual certified or licensed by the 17
office[board]. 18
(5) Any person engaging in any practice or activity regulated by the office[board] 19
during the time his or her license or certification has lapsed shall be considered an 20
illegal practitioner and shall be subject to the penalties provided for violations of 21
this chapter. 22
(6) Failure to receive correspondence for renewal of a license or certification shall not 23
relieve a paramedic, emergency medical responder, advanced emergency medical 24
technician, or emergency medical technician from the duty to renew his or her 25
license or certification prior to December 31 of the year in which the license or 26
certification expires. 27 UNOFFICIAL COPY 22 RS BR 822
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(7) The duration of any license or certification issued by the office[board] may be 1
limited by disciplinary action of the office[board]. 2
(8) Every license or certification issued by the office[board] shall have the seal of the 3
office[board] affixed. A holder of a license or certification shall retain it in his or 4
her possession and be prepared to exhibit it upon demand by an employer or anyone 5
to whom the holder of the license or certification offers emergency medical services 6
or any employee of the Cabinet for Health and Family Services[board or staff 7
member of the Kentucky Board of Emergency Medical Services]. 8
(9) Failure or refusal to produce a license or certification upon demand shall be prima 9
facie evidence that no such license or certification exists. 10
Section 17. KRS 311A.100 is repealed, reenacted as a new section of KRS 11
Chapter 216B, and amended to read as follows: 12
The office[board] may require a criminal background investigation of an applicant for 13
licensure or certification, including by means of a fingerprint check by the Department of 14
Kentucky State Police or the Federal Bureau of Investigation, or both. 15
Section 18. KRS 311A.105 is repealed, reenacted as a new section of KRS 16
Chapter 216B, and amended to read as follows: 17
Any person as defined in KRS 446.010 licensed or certified by the office[board] shall 18
maintain a current mailing and electronic mailing address with the office [of the board 19
]and immediately notify the office[board] in writing of a change of mailing or electronic 20
mailing address. As a condition of holding a license or certification from the 21
office[board], a licensee or certificate holder is deemed to have consented to service of 22
notice or orders of the office[board] at the mailing address on file with the office[ of the 23
board], and any notice or order of the office[board] mailed or delivered to the mailing 24
address on file with the office[board] constitutes valid service of the notice or order. 25
Section 19. KRS 311A.120 is repealed, reenacted as a new section of KRS 26
Chapter 216B, and amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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(1) As a condition of being issued a certificate or license as an emergency medical 1
technician, advanced emergency medical technician, emergency medical responder, 2
or paramedic, the applicant shall have completed an office-approved[a Kentucky 3
Board of Emergency Medical Services-approved] educational course on the 4
transmission, control, treatment, and prevention of the human immunodeficiency 5
virus and acquired immunodeficiency syndrome with an emphasis on appropriate 6
behavior and attitude change. 7
(2) The office[board] shall promulgate administrative regulations in accordance with 8
KRS Chapter 13A to require continuing education for emergency medical 9
technicians, advanced emergency medical technicians, emergency medical 10
responders, or paramedics that includes the completion of one (1) hour of office-11
approved[board-approved] continuing education covering the recognition and 12
prevention of pediatric abusive head trauma, as defined in KRS 620.020, at least 13
one (1) time every two (2) year renewal cycle. The one (1) hour required under this 14
section shall be included in the current number of required continuing education 15
hours. 16
(3) The office[board] shall promulgate administrative regulations in accordance with 17
KRS Chapter 13A to require continuing education for emergency medical 18
technicians or first responders that[which] includes the completion of a training 19
course of at least one (1) hour covering awareness of sexual violence, including 20
reporting options, care options, pre-hospital treatment considerations, knowledge of 21
regional rape crisis centers, and how to access the SANE-ready list, at least one (1) 22
time every two (2) year renewal cycle. The one (1) hour of continuing education 23
required under this subsection shall be included in the current number of required 24
continuing education hours. 25
Section 20. KRS 311A.125 is repealed, reenacted as a new section of KRS 26
Chapter 216B, and amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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(1) For each licensure renewal of a paramedic following the issuance of an initial 1
license or certification by the office[board], as a prerequisite for license or 2
certification renewal, all individuals licensed under the provisions of this chapter 3
shall be required to document continuing competence during the immediate past 4
licensure or certification period as prescribed in administrative regulations 5
promulgated by the office[board]. 6
(2) The office[board] shall approve providers of emergency medical services education 7
and continuing education. The approval may include recognition of providers 8
approved by national organizations and state boards of emergency medical services 9
with comparable standards. Standards for these approvals shall be set forth by the 10
office[board] in administrative regulations promulgated in accordance with KRS 11
Chapter 13A. The office[board] need not approve continuing education training 12
provided by a licensed ambulance service for anyone certified or licensed by the 13
office[board]. 14
(3) The office[board] shall work cooperatively with professional emergency medical 15
services organizations, approved schools, and other potential sources of continuing 16
education programs to ensure that adequate continuing education offerings are 17
available statewide. The office[board] may enter into contractual agreements to 18
implement the provisions of this section. 19
Section 21. KRS 311A.130 is repealed, reenacted as a new section of KRS 20
Chapter 216B, and amended to read as follows: 21
(1) The conduct of proper in-service training, including but not limited to in-house in-22
service training, in accordance with the standards specified by this chapter, 23
administrative regulations, and the standards of relevant United States Department 24
of Transportation curricula shall be that of the provider of the in-service training. 25
(2) If in-service training is conducted by an ambulance service, emergency medical 26
services provider, or educational institution, the organization, the instructor, and its 27 UNOFFICIAL COPY 22 RS BR 822
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medical director share responsibility for the provision of training that[which] meets 1
or exceeds the requirements of subsection (1) of this section. 2
(3) Persons and organizations providing in-service training for any emergency medical 3
services personnel shall keep the records required by the office[board] by 4
administrative regulation and shall make them available to a representative of the 5
office[board] upon request. 6
(4) Failure to keep a record required by the office[board] by administrative regulation 7
or required to be kept by statute, falsifying a record, or grossly negligently 8
maintaining a record required to be kept by administrative regulation or statute shall 9
be subject to action by the office[ of the board]. 10
(5) Providing in-service training not meeting or exceeding the requirements specified in 11
subsections (1) and (2) of this section shall be subject to action of the office[ of the 12
board]. 13
(6) Penalties specified in this section shall be in addition to any action that[which] the 14
office[board] may be permitted to take against the license or certification of any 15
person or organization. 16
(7) The office[board] may refuse to recognize any in-service training not conducted in 17
accordance with the provisions of this chapter, United States Department of 18
Transportation curricula, or administrative regulations promulgated pursuant to this 19
chapter. If the office[board] determines that in-service training will not be accepted, 20
the denial of credit shall be extended to all persons who completed that specific in-21
service training. 22
Section 22. KRS 311A.135 is repealed, reenacted as a new section of KRS 23
Chapter 216B, and amended to read as follows: 24
(1) The office[board] shall promulgate administrative regulations in accordance with 25
KRS Chapter 13A relating to paramedics. The administrative regulations may 26
include the classification and licensure of paramedics, instructor-trainers, 27 UNOFFICIAL COPY 22 RS BR 822
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instructors, and students and trainees; examinations; standards of training and 1
experience; curricula standards; administration of drugs and controlled substances 2
by paramedics under the direction or supervision of licensed physicians; issuance 3
and renewal of licenses; and such other administrative regulations as may be 4
necessary for the protection of public health and safety in the delivery of emergency 5
medical services. 6
(2) Relicensure programs shall be organized to include continuing education and in-7
service training approved by the office[board]. 8
Section 23. KRS 311A.140 is repealed, reenacted as a new section of KRS 9
Chapter 216B, and amended to read as follows: 10
(1) The office[board] shall promulgate administrative regulations in accordance with 11
KRS Chapter 13A relating to emergency medical technicians. The administrative 12
regulations may include the classification and certification of emergency medical 13
technicians, instructors, instructor-trainers, and students and trainees; examinations; 14
standards of training and experience; curricula standards; issuance or renewal of 15
certificates; hearing of appeals; and other administrative regulations as may be 16
necessary for the protection of public health and safety in the delivery of emergency 17
medical services. No additional testing or examinations shall be required for 18
recertification, except for proficiency testing of new skills or knowledge, or areas in 19
which there is documented evidence of deterioration of skills. 20
(2) Recertification programs shall be organized to include continuing education and in-21
service training approved by the office[board]. 22
(3) An applicant for initial certification as an emergency medical responder, emergency 23
medical technician, or advanced emergency medical technician, or licensure as a 24
paramedic, shall be certified using the requirements established by, and testing as 25
required by, administrative regulations promulgated by the office or using the 26
requirements and testing established by the National Registry of Emergency 27 UNOFFICIAL COPY 22 RS BR 822
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Medical Technicians or other agent chosen by the office in lieu of the standards 1
established by the office[board]. 2
(4) An applicant for certification renewal as an emergency medical responder, 3
emergency medical technician, or advanced emergency medical technician, or 4
renewal of licensure as a paramedic, shall meet the educational requirements for 5
renewal of the appropriate certification or licensure credential as required by 6
administrative regulations promulgated by the office[board] or the requirements 7
established by the National Registry of Emergency Medical Technicians or other 8
agent chosen by the office[board] in lieu of the standards established by the 9
office[board]. 10
(5) Except as provided in Section 11 of this Act[KRS 311A.060], the office[board] 11
shall not require any additional course work, in-service training, testing, or 12
examinations of a person who chooses the National Registry of Emergency Medical 13
Technicians or other agent chosen by the office[board] for certification or 14
recertification as an emergency medical technician. 15
(6) Any person licensed by the office[board] as a paramedic shall be certified as an 16
emergency medical technician by the office[board]. The certification shall be issued 17
without fee, without additional training, in-service training, testing, or examination. 18
The emergency medical technician certification shall be issued and expire at the 19
same time that the paramedic license is issued or expires, and if a paramedic 20
voluntarily gives up his or her license prior to the expiration of his or her paramedic 21
license, his or her emergency medical technician certification shall be unaffected 22
thereby. If a paramedic chooses not to be relicensed as a paramedic but chooses to 23
retain his emergency medical technician certification, the paramedic shall, prior to 24
the expiration of his paramedic license, complete the requirements for 25
recertification as an emergency medical technician utilizing one (1) of the methods 26
provided for in this section. 27 UNOFFICIAL COPY 22 RS BR 822
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(7) A paramedic whose license as a paramedic or certification as an emergency medical 1
technician is suspended, revoked, or denied by the office[board] shall have the same 2
action taken automatically with regard to his emergency medical technician 3
certification or paramedic license. 4
Section 24. KRS 311A.142 is repealed, reenacted as a new section of KRS 5
Chapter 216B, and amended to read as follows: 6
(1) Any member of the United States military who is registered by the National 7
Registry of Emergency Medical Technicians as an emergency medical responder, 8
emergency medical technician, advanced emergency medical technician, or 9
paramedic shall be eligible for reciprocity for Kentucky certification or licensure at 10
the same certification or licensure level. 11
(2) Any emergency medical responder, emergency medical technician, advanced 12
emergency medical technician, or paramedic that is currently certified or licensed 13
and in good standing with a state contiguous to Kentucky shall be eligible for 14
reciprocity at the same certification or licensure level in accordance with 15
administrative regulations promulgated in accordance with KRS Chapter 13A. 16
(3) The office[Kentucky Board of Emergency Medical Services] shall promulgate 17
administrative regulations in accordance with KRS Chapter 13A as necessary to 18
implement the provisions of this section. 19
Section 25. KRS 311A.145 is repealed, reenacted as a new section of KRS 20
Chapter 216B, and amended to read as follows: 21
(1) The office[board] may, by administrative regulation, prescribe a reasonable 22
schedule of fees and charges for: 23
(a) Examination; 24
(b) Issuance, renewal, and reinstatement of licenses; 25
(c) Issuance, renewal, and reinstatement of certifications; 26
(d) Inspections and reinspections; 27 UNOFFICIAL COPY 22 RS BR 822
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(e) Applications; and 1
(f) Other services and materials provided by the office[board]. 2
(2) All fees, charges, or other moneys collected or received by the office[board] shall be 3
paid into the State Treasury and credited to a trust and agency fund that[which] 4
shall not lapse, to be used by the office[board] for the carrying out of the provisions 5
of this chapter. 6
Section 26. KRS 311A.150 is repealed and reenacted as a new section of KRS 7
Chapter 216B to read as follows: 8
A paramedic licensed pursuant to this chapter and a first responder certified pursuant to 9
this chapter shall have the privileges and immunities specified in KRS 411.148, subject to 10
the provisions of that statute. 11
Section 27. KRS 311A.155 is repealed, reenacted as a new section of KRS 12
Chapter 216B, and amended to read as follows: 13
(1) There shall be an emergency medical services grant program to provide funding to 14
each county for the direct operation of emergency medical services, including but 15
not limited to purchase or lease of ambulances or equipment. Funds available shall 16
not be used to fund personnel or consultant salaries. 17
(2) Funds appropriated to or received by the emergency medical services grant program 18
shall be placed in a trust and agency account in the State Treasury and shall not 19
lapse. 20
(3) The office[board] shall administer the emergency medical services grant program 21
and may promulgate administrative regulations in accordance with KRS Chapter 22
13A, which shall include but not be limited to funding criteria necessary for its 23
implementation and operation. 24
(4) Twenty percent (20%) of the funds received each fiscal year for the grant program 25
may be withheld from general distribution and shall be distributed for emergency 26
purposes only. 27 UNOFFICIAL COPY 22 RS BR 822
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(5) Grants may be made each fiscal year to each county fiscal court determined to be 1
eligible by the office[board] for distribution to public ambulance services operated 2
by or for the county. A county may keep funds appropriated to them for a period of 3
two (2) years, if desired, for expenditure for authorized purposes. At the end of two 4
(2) years from the date of the receipt of the grant, the county shall return any funds 5
remaining unexpended to the emergency medical services grant fund. Each 6
expenditure made by the fiscal court from grant funds provided to the county shall 7
be documented, with appropriate receipts or other documents, and a copy of each 8
receipt or other document shall be provided to the office[board] to verify that the 9
expenditure was proper. The office[board] shall require reimbursement to the 10
emergency medical services fund by the county, with interest at a rate of twenty 11
percent (20%) annually, for any funds expended for an unauthorized purpose. If the 12
county fails or refuses to reimburse the fund, the office[board] shall notify the 13
Attorney General, who shall seek appropriate civil and criminal remedies. 14
(6) The office[board] shall, annually, by January 1, promulgate administrative 15
regulations in accordance with KRS Chapter 13A specifying items of equipment 16
and other authorized expenditures for the upcoming fiscal year. No funds shall be 17
provided to the county until after the start of the fiscal year. 18
(7) The office[board] may, in the event of a documented situation that[which] the 19
office[board] considers to be an emergency and beyond the ability of the county to 20
pay, provide emergency funding to the fiscal court for an ambulance or authorized 21
equipment that[which] has been damaged or destroyed. Normal replacement of an 22
ambulance or equipment shall not be considered an emergency. The amount of 23
funding that may be provided by the office[board] shall not exceed ten thousand 24
dollars ($10,000). Only one (1) emergency funding request shall be granted for any 25
county in each fiscal year. The amount of the emergency grant to the county shall be 26
deducted from the county's grant for the next fiscal year. 27 UNOFFICIAL COPY 22 RS BR 822
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Section 28. KRS 311A.160 is repealed, reenacted as a new section of KRS 1
Chapter 216B, and amended to read as follows: 2
(1) A first responder may, subject to the provisions of this section, perform any 3
procedure: 4
(a) Specified in the most recent curriculum of the United States Department of 5
Transportation training course for first responders; and 6
(b) Any additional procedure authorized by the office[board] by administrative 7
regulation. 8
(2) When there is a change in the United States Department of Transportation 9
curriculum for first responders or the office[board] approves an additional skill or 10
procedure by administrative regulation, no person who was not trained under that 11
curriculum shall perform any activity or procedure authorized by the new 12
curriculum or administrative regulation unless the person has been trained 13
according to the new curriculum or administrative regulation and demonstrates 14
competency in the new knowledge or skill. Competency in a new skill shall be 15
demonstrated through a return demonstration to a competent evaluator. If the 16
office[board] adopts the new procedure or skill, the office[board] shall promulgate 17
an administrative regulation specifying the new procedure, training requirements, 18
examination requirements, and a time period during which the first responder shall 19
successfully complete the new material or lose his or her certification as a first 20
responder. 21
(3) Except as provided in subsection (2) of this section, nothing in this section shall 22
prevent an employer from exercising reasonable fiscal control over the costs of 23
providing emergency medical services to its citizens nor to prevent the employer 24
from exercising any reasonable control over first responders providing emergency 25
medical care on behalf of a licensed entity or other provider. 26
(4) Nothing in this section shall be construed to permit utilization of any certified first 27 UNOFFICIAL COPY 22 RS BR 822
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responder for the purpose of such individual working with primary responsibility 1
and duties limited to hospitals, physician's offices, clinics, or other definitive care 2
facilities, except as a first responder trainee or as a full-time instructor of first 3
responders. 4
Section 29. KRS 311A.165 is repealed, reenacted as a new section of KRS 5
Chapter 216B, and amended to read as follows: 6
(1) An emergency medical technician may, subject to the provisions of this section, 7
perform any procedure: 8
(a) Specified in the most recent curriculum of the United States Department of 9
Transportation training course for emergency medical technicians; and 10
(b) Any additional procedure authorized by the office[board] by administrative 11
regulation. 12
(2) When there is a change in the United States Department of Transportation 13
curriculum for emergency medical technicians or the office[board] approves an 14
additional skill or procedure by administrative regulation, no person who was not 15
trained under that curriculum or administrative regulation shall perform any activity 16
or procedure in the new curriculum or administrative regulation unless the person 17
has been trained according to the new curriculum or administrative regulation and 18
demonstrates competency in the new knowledge or skill. Competency in a new skill 19
shall be demonstrated through a return demonstration to a competent evaluator. If 20
the office[board] adopts the new procedure or skill, the office[board] shall 21
promulgate an administrative regulation specifying the new procedure, training 22
requirements, examination requirements, and a time period during which the 23
emergency medical technician shall successfully complete the new material or lose 24
his or her certification as an emergency medical technician. 25
(3) Except as provided in subsection (2) of this section, nothing in this section shall 26
prevent an employer from exercising reasonable fiscal control over the costs of 27 UNOFFICIAL COPY 22 RS BR 822
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providing emergency medical services to its citizens nor prevent the employer from 1
exercising any reasonable control over emergency medical technicians providing 2
emergency medical care upon behalf of the licensed entity or other provider. 3
(4) Nothing in this section shall be construed to permit utilization of a certified 4
emergency medical technician for the purpose of such individual working with 5
primary responsibility and duties limited to hospitals, physician's offices, clinics, or 6
other definitive care facilities, except as an emergency medical technician trainee or 7
a full-time instructor of emergency medical technicians. 8
Section 30. KRS 311A.167 is repealed, reenacted as a new section of KRS 9
Chapter 216B, and amended to read as follows: 10
(1) An advanced emergency medical technician may, subject to the provisions of this 11
section, perform: 12
(a) Any procedure specified in the most recent curriculum of the United States 13
Department of Transportation training course for advanced emergency 14
medical technicians; and 15
(b) Any additional procedure authorized by the office[board] by administrative 16
regulation. 17
(2) When there is a change in the United States Department of Transportation 18
curriculum for advanced emergency medical technicians or the office[board] 19
approves an additional skill or procedure by administrative regulation, no person 20
who was not trained under that curriculum or administrative regulation shall 21
perform any activity or procedure in the new curriculum or administrative 22
regulation unless the person has been trained according to the new curriculum or 23
administrative regulation and demonstrates competency in the new knowledge or 24
skill. If the office[board] adopts the new procedure or skill, the office[board] shall 25
promulgate an administrative regulation specifying the new procedure, training 26
requirements, examination requirements, and a time period during which the 27 UNOFFICIAL COPY 22 RS BR 822
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advanced emergency medical technician shall successfully complete the new 1
material or lose his or her certification as an advanced emergency medical 2
technician. 3
(3) Except as provided in subsection (2) of this section, nothing in this section shall 4
prevent an employer from exercising reasonable fiscal control over the costs of 5
providing emergency medical services to its citizens nor prevent the employer from 6
exercising any reasonable control over advanced emergency medical technicians 7
providing emergency medical care upon behalf of the licensed entity or other 8
provider. 9
(4) Nothing in this section shall be construed to permit utilization of a certified 10
advanced emergency medical technician for the purpose of the individual working 11
with primary responsibility and duties limited to hospitals, physician's offices, 12
clinics, or other definitive care facilities, except as an advanced emergency medical 13
technician student. 14
Section 31. KRS 311A.170 is repealed, reenacted as a new section of KRS 15
Chapter 216B, and amended to read as follows: 16
(1) Subject to the provisions of this section, a paramedic may perform any procedure: 17
(a) Specified in the most recent curriculum of the United States Department of 18
Transportation training course for paramedics; and 19
(b) Any additional procedure specified by the office[board] by administrative 20
regulation. 21
(2) When there is a change in the United States Department of Transportation 22
curriculum for paramedics, or the office[board] approves an additional skill or 23
procedure by administrative regulation, or approves a protocol differing from the 24
curriculum or administrative regulations, no person who was not trained under that 25
curriculum or administrative regulation shall perform any activity or procedure in 26
the new curriculum, administrative regulation, or protocol unless the person has 27 UNOFFICIAL COPY 22 RS BR 822
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been trained according to the new curriculum, administrative regulation, or protocol 1
and demonstrates competency in the new knowledge or skill. Competency in a new 2
skill shall be demonstrated through a return demonstration to a competent evaluator. 3
If the office[board] adopts the new procedure or skill, the office[board] shall 4
promulgate an administrative regulation specifying the new procedure, training 5
requirements, examination requirements, and a time period during which the 6
paramedic shall successfully complete the material or lose his or her license as a 7
paramedic. 8
(3) The office[board] shall promulgate administrative regulations in accordance with 9
KRS Chapter 13A establishing the educational requirements, testing requirements, 10
credentialing, and licensure requirements of advanced practice paramedics. 11
Advanced practice paramedics shall validate competency as prescribed in 12
administrative regulations and be identified as one (1) or more of the following 13
certification levels of advanced practice paramedic: 14
(a) Certified community paramedic; 15
(b) Certified critical care paramedic; 16
(c) Certified flight paramedic; 17
(d) Certified tactical paramedic; or 18
(e) Certified wilderness paramedic. 19
(4) A paramedic may draw blood samples from a criminal defendant upon the request 20
of a peace officer and the consent of the defendant, or without the consent of the 21
defendant upon receipt of a court order requiring the procedure, if the paramedic is 22
authorized to do so by his or her employer. The authorization shall be in writing and 23
may be by general written policy of the employer and the service's medical director. 24
The paramedic who drew the blood sample shall deliver the sample to the peace 25
officer or other person specified by the court in a court order and shall testify in 26
court with regard thereto upon service of a proper subpoena. 27 UNOFFICIAL COPY 22 RS BR 822
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(5) Except as provided by subsection (7) of this section, a paramedic shall be permitted 1
to render services only under the supervision of a certified emergency medical 2
services medical director, certified mobile integrated healthcare program medical 3
director, or under the direct supervision of an emergency department medical 4
director. 5
(6) A paramedic holding office[board] certification as a community paramedic may 6
provide mobile integrated healthcare services only as an employee of a mobile 7
integrated healthcare program holding a Class V mobile integrated healthcare 8
license in affiliation with a Class I ground ambulance provider. 9
(7) Any provision of this chapter other than this section relating to the requirement for 10
additional training, requirement for skill examination, or approval of standing 11
orders, protocols, or medical procedures to the contrary notwithstanding, a 12
paramedic may be employed by a hospital or nursing facility to work as a licensed 13
paramedic in any[the emergency] department of the hospital or nursing facility 14
subject to the following conditions: 15
(a) The hospital or nursing facility in collaboration with the medical staff shall 16
provide operating procedures and policies under which the paramedic shall 17
operate consistent with the paramedic's scope of practice; 18
(b) A paramedic shall provide patient care services under the orders of a 19
physician, physician assistant, advanced practice registered nurse, or as 20
delegated by a registered nurse; 21
(c) Subject to the provisions relating to the scope of practice of a paramedic, a 22
hospital or nursing facility may require a paramedic to take additional 23
training on any subject or skill that[which] the paramedic may be required to 24
perform in a hospital or nursing facility and demonstrate competency in the 25
skill or subject to a competent evaluator; and 26
(d) The paramedic does not violate the provisions of Section 32 of this Act[KRS 27 UNOFFICIAL COPY 22 RS BR 822
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311A.175] or any other statute or administrative regulation relating to a 1
paramedic. 2
[ No provision of this section shall prevent a paramedic from being employed in any 3
other section of the hospital where the paramedic's job duties do not require 4
certification or licensure by the board and do not otherwise constitute the unlawful 5
practice of medicine.] 6
(8) Except as provided in subsection (2) of this section, nothing in this section shall 7
prevent an employer from exercising reasonable fiscal control over the costs of 8
providing medical services to its citizens nor prevent the employer from exercising 9
any reasonable control over paramedics providing care on behalf of the licensed 10
entity. 11
Section 32. KRS 311A.175 is repealed, reenacted as a new section of KRS 12
Chapter 216B, and amended to read as follows: 13
(1) No certified emergency medical responder shall perform any act or procedure 14
that[which] exceeds the scope of practice of an emergency medical responder as 15
specified in this chapter and in administrative regulations promulgated by the 16
office[board]. 17
(2) No emergency medical technician shall perform any act or procedure that[which] 18
exceeds the scope of practice of an emergency medical technician as specified in 19
this chapter and in administrative regulations promulgated by the office[board]. 20
(3) No advanced emergency medical technician shall perform any act or procedure 21
that[which] exceeds the scope of practice of an advanced emergency medical 22
technician as specified in this chapter and in administrative regulations promulgated 23
by the office[board]. 24
(4) No paramedic shall perform any act or procedure that[which] exceeds the scope of 25
practice of a paramedic as specified in this chapter, administrative regulations 26
promulgated by the office[board], protocol, standing order, or other document 27 UNOFFICIAL COPY 22 RS BR 822
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approved by the office[board]. 1
(5) A certified emergency responder, emergency medical technician, advanced 2
emergency medical technician, or licensed paramedic is presumed to know the 3
standards of practice for his or her level of certification or licensure. 4
(6) It is the legal duty of an emergency medical responder, emergency medical 5
technician, advanced emergency medical technician, or paramedic to refuse to 6
perform any act or procedure that[which] is beyond the scope of practice for his or 7
her level of certification or licensure regardless of whether that act or procedure is 8
ordered by a physician, physician assistant, medical director, advanced practice 9
registered nurse, registered nurse, or supervisor. 10
(7) No employer or organization for which an emergency medical responder, 11
emergency medical technician, advanced emergency medical technician, or 12
paramedic has volunteered shall reprimand, discipline, or dismiss an emergency 13
medical responder, emergency medical technician, advanced emergency medical 14
technician, or paramedic who has refused to perform an act or procedure 15
that[which] the emergency medical responder, emergency medical technician, 16
advanced emergency medical technician, or paramedic knows is in violation of the 17
provisions of this section. Violation of this section by an employer or by an 18
organization for which an emergency medical responder, emergency medical 19
technician, advanced emergency medical technician, or paramedic has volunteered 20
shall be grounds for a legal action for wrongful discipline or wrongful discharge, as 21
appropriate. 22
(8) The provisions of this section shall not apply to an order to perform an act or 23
procedure: 24
(a) For which a license or certification by the office[board] is not required and 25
which otherwise do not constitute the unlawful practice of medicine; or 26
(b) For which no license or certification is required and does not involve medical 27 UNOFFICIAL COPY 22 RS BR 822
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care or treatment; or 1
(c) For which a license or certification issued by an agency other than the 2
office[board] is required and the emergency medical responder, emergency 3
medical technician, advanced emergency medical technician, or paramedic 4
holds such a license or certification. 5
Section 33. KRS 311A.180 is repealed, reenacted as a new section of KRS 6
Chapter 216B, and amended to read as follows: 7
(1) Each emergency medical services medical director for an ambulance service, or 8
other emergency medical services provider, shall submit: 9
(a) His or her protocols, including the pre-hospital care protocols related to the 10
assessment, treatment, and transport of stroke patients; 11
(b) His or her standing orders; and 12
(c) Similar medical control documents to the office[board] for approval prior to 13
placing the document in use. 14
(2) The inspector general[medical advisor for the board] shall review each document 15
submitted to ascertain if it is in accordance with accepted standards of medical care 16
and in accordance with the provisions of this chapter and administrative regulations 17
promulgated thereunder. If the protocol, standing order, or other medical control 18
document clearly violates the accepted standards of medical care, this chapter, or an 19
administrative regulation, the inspector general[medical advisor] shall notify the 20
emergency medical services medical director of the exact violation and recommend 21
a correction thereof. 22
(3) Following review of protocol, standing order, and medical control documents and 23
giving the emergency medical services medical director who submitted the 24
documents an opportunity to review the inspector general's[medical advisor's] 25
comments, the inspector general[medical advisor shall submit the documents 26
together with his or her comments to the board for approval or disapproval. 27 UNOFFICIAL COPY 22 RS BR 822
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(4) The board] shall approve, disapprove, or approve with modifications the protocol, 1
standing order, and medical control documents submitted by the emergency medical 2
services medical director[ at its next regular or special meeting following the 3
submission of the documents]. 4
[(5) If a protocol, standing order, or other medical control document is disapproved by 5
the board, the emergency medical services medical director who submitted it may 6
appeal the decision to the Franklin Circuit Court. If the decision of the board is 7
appealed to the Franklin Circuit Court, the board shall bear the burden of proving 8
that the protocol, standing order, or other medical control document violates the 9
accepted standards of medical care, or an administrative regulation. 10
(6)](4) The office[board] shall, by administrative regulation, specify a schedule for 11
submission and prompt review and decision making with regard to protocols, 12
standing orders, and medical control documents submitted to the office[board]. 13
Section 34. KRS 311A.185 is repealed, reenacted as a new section of KRS 14
Chapter 216B, and amended to read as follows: 15
(1) When it appears that a person whom a paramedic who has successfully completed 16
training in determination of death has been called to attend is dead, the paramedic 17
shall, utilizing the protocol specified by the office[board] by administrative 18
regulation, determine whether or not the patient is dead after resuscitation of the 19
patient is attempted by the paramedic or an emergency medical technician who has 20
responded with or after the paramedic, unless the protocol indicates that the patient 21
is not capable of being resuscitated. If, after resuscitation has been attempted on a 22
patient who the protocol deems is capable of being resuscitated, the patient has not 23
been successfully resuscitated according to the protocol, the paramedic may 24
discontinue further resuscitation efforts and proceed to determine whether the 25
patient is dead and whether to declare the patient dead. If it is determined that death 26
has occurred in accordance with the procedures of KRS 446.400 with regard to 27 UNOFFICIAL COPY 22 RS BR 822
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patients who have not been resuscitated, the paramedic may make the actual 1
determination and pronouncement of death. This section shall not apply to patients 2
who are in a hospital when apparent death occurs. 3
(2) In the event that a paramedic determines that a person is dead, the paramedic shall 4
make the notifications required by KRS 72.020 and take the protective actions 5
required by that statute. 6
(3) Any paramedic course taught after July 15, 1998, shall include a course of 7
instruction on the determination of death and preservation of evidence as required 8
by the office[board] by administrative regulation. 9
(4) Any paramedic from another jurisdiction desiring to become a paramedic in 10
Kentucky shall show evidence of successful completion of a training course in 11
Kentucky meeting the requirements of subsection (3) of this section, and licensure 12
as a paramedic shall be denied if the required evidence is not shown. 13
(5) The administration of cardiopulmonary resuscitation or other basic life support 14
measures to the apparently dead person prior to the arrival of the paramedic by any 15
person, for the purposes of this section and KRS 446.400, shall not be considered as 16
artificial maintenance of respiration and circulation. The administration of advanced 17
cardiac life support procedures by any person, other than a registered nurse , prior to 18
the arrival of the paramedic shall preclude the determination of death by the 19
paramedic, and the provisions of KRS 446.400 shall apply. However, nothing in 20
this section shall preclude the supervising physician from directing the paramedic to 21
cease resuscitative efforts under approved agency medical protocols. 22
(6) The resuscitative efforts of a paramedic under the protocols authorized by this 23
section shall not invoke the provisions of KRS 446.400. 24
Section 35. KRS 311A.190 is repealed, reenacted as a new section of KRS 25
Chapter 216B, and amended to read as follows: 26
(1) The office shall promulgate administrative regulations in accordance with KRS 27 UNOFFICIAL COPY 22 RS BR 822
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Chapter 13A to establish requirements governing: 1
(a) Patient records and run reports to be collected and maintained by each 2
licensed ambulance provider, mobile integrated healthcare program, or 3
medical first response provider; 4
(b) Submission of the information from those records to the office; and 5
(c) Personnel record-keeping requirements. 6
(2) The office shall develop a patient care record form for the use of each class of 7
ambulance provider, mobile integrated healthcare program, and medical first 8
response provider. An ambulance provider, mobile integrated healthcare 9
program, or medical first response provider may utilize any patient care record 10
form it chooses in lieu of or in addition to the office developed patient care record 11
form. However, the data captured on the patient care record form utilized by the 12
ambulance service provider, mobile integrated healthcare program, or medical 13
first response provider shall include at least that data that is required by 14
administrative regulations promulgated by the office. 15
(3) The office may publish a comprehensive annual report reflecting the data 16
collected, injury and illness data, treatment utilized, and other information 17
deemed important by the office. The annual report shall not include patient 18
identifying information or any other information identifying a natural person. A 19
copy of the comprehensive annual report, if issued, shall be forwarded to the 20
Governor and the General Assembly. 21
(4) An ambulance provider or medical first response provider that collects patient 22
data through electronic means shall have the means of providing a patient care 23
record or summary report that includes all required data elements to the medical 24
care facility. A copy of the medical first response patient care record or summary 25
report of the patient care record and patient information shall be made available 26
to the ambulance service that transports the patient. A copy of the ambulance run 27 UNOFFICIAL COPY 22 RS BR 822
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report form shall be made available to any medical care facility to which a patient 1
is transported and shall be included in the patient's medical record by that 2
facility. If a patient is not transported to a medical facility, the copy of the patient 3
care record that is to be given to the transporting ambulance provider or medical 4
care facility shall be given to the patient or to the patient's parent or legal 5
guardian upon request. If the ambulance provider, medical facility, patient, or 6
patient's legal guardian refuses delivery of their patient care record or is 7
unavailable to receive the form, that copy of the patient care record shall be 8
returned to the medical first response provider or ambulance provider and 9
destroyed[Each licensed ambulance provider, mobile integrated healthcare program, 10
and medical first response provider as defined in this chapter shall collect and 11
provide to the board patient care record data and information required by the board 12
by this chapter and administrative regulation. 13
(2) The board shall develop a patient care record form for the use of each class of 14
ambulance provider, mobile integrated healthcare program, and medical first 15
response provider containing the data required in subsection (1) of this section. An 16
ambulance provider, mobile integrated healthcare program, or medical first 17
response provider may utilize any patient care record form it chooses in lieu of or in 18
addition to the board developed patient care record form. However, the data 19
captured on the patient care record form utilized by the ambulance service provider, 20
mobile integrated healthcare program, or medical first response provider shall 21
include at least that data which is required by the administrative regulations 22
promulgated pursuant to subsection (1) of this section. 23
(3) An ambulance provider, mobile integrated healthcare program, or medical first 24
response provider shall report the required patient care record data as prescribed 25
through administrative regulations promulgated by the board by transmitting the 26
required data and information to the board in an electronic format. If the board 27 UNOFFICIAL COPY 22 RS BR 822
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requires the use of a specific electronic format, it shall provide a copy of the file 1
layout requirements, in either written or electronic format, to the licensed 2
ambulance provider or medical first response provider at no charge. 3
(4) The board may publish a comprehensive annual report reflecting the data collected, 4
injury and illness data, treatment utilized, and other information deemed important 5
by the board. The annual report shall not include patient identifying information or 6
any other information identifying a natural person. A copy of the comprehensive 7
annual report, if issued, shall be forwarded to the Governor and the General 8
Assembly. 9
(5) Ambulance provider, mobile integrated healthcare program and medical first 10
response provider patient care records and the information transmitted electronically 11
to the board shall be confidential. No person shall make an unauthorized release of 12
information on an ambulance provider, mobile integrated healthcare program, or 13
medical first response provider patient care record. Only the patient or the patient's 14
parent or legal guardian if the patient is a minor, or the patient's legal guardian or 15
person with proper power of attorney if the patient is under legal disability as being 16
incompetent or mentally ill, or a court of competent jurisdiction may authorize the 17
release of information on a patient's care record or the inspection or copying of the 18
patient care record. Any authorization for the release of information or for 19
inspection or copying of a patient care record shall be in writing. 20
(6) An ambulance provider or medical first response provider that collects patient data 21
through electronic means shall have the means of providing a patient care record or 22
summary report that includes all required data elements to the medical care facility. 23
A copy of the medical first response patient care record or summary report of the 24
patient care record and patient information shall be made available to the ambulance 25
service that transports the patient. A copy of the ambulance run report form shall be 26
made available to any medical care facility to which a patient is transported and 27 UNOFFICIAL COPY 22 RS BR 822
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shall be included in the patient's medical record by that facility. If a patient is not 1
transported to a medical facility, the copy of the patient care record that is to be 2
given to the transporting ambulance provider or medical care facility shall be given 3
to the patient or to the patient's parent or legal guardian upon request. If the 4
ambulance provider, medical facility, patient, or patient's legal guardian refuses 5
delivery of their patient care record or is unavailable to receive the form, that copy 6
of the patient care record shall be returned to the medical first response provider or 7
ambulance provider and destroyed. 8
(7) All ambulance services and mobile integrated healthcare programs shall be required 9
to keep adequate reports and records to be maintained at the ambulance base 10
headquarters and to be available for periodic review as deemed necessary by the 11
board. Required records and reports are as follows: 12
(a) Employee records, including a resume of each employee's training and 13
experience and evidence of current certification or licensure; and 14
(b) Health records of all personnel including records of all illnesses or accidents 15
occurring while on duty. 16
(8) Data and records generated and kept by the board or its contractors regarding the 17
evaluation of emergency medical care, mobile integrated healthcare programs, and 18
trauma care in the Commonwealth, including the identities of patients, emergency 19
medical services personnel, ambulance providers, medical first-response providers, 20
and emergency medical facilities, shall be confidential, shall not be subject to 21
disclosure under KRS 61.805 to 61.850 or KRS 61.870 to 61.884, shall not be 22
admissible in court for any purpose, and shall not be subject to discovery. However, 23
nothing in this section shall limit the discoverability or admissibility of patient 24
medical records regularly and ordinarily kept in the course of a patient's treatment 25
that otherwise would be admissible or discoverable]. 26
Section 36. KRS 311A.195 is repealed and reenacted as a new section of KRS 27 UNOFFICIAL COPY 22 RS BR 822
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Chapter 216B to read as follows: 1
(1) Any emergency medical technician and any paramedic shall be authorized to 2
administer epinephrine to any person whom the EMT or paramedic has been called 3
to attend if the EMT or paramedic makes an assessment that the person is exhibiting 4
symptoms consistent with an anaphylactic reaction. The EMT or paramedic shall 5
follow the medical protocol established by the medical director of the employing 6
licensed ambulance service in determining the appropriate dose or doses of 7
epinephrine and the routes for administration. 8
(2) Every ambulance provider in the Commonwealth shall: 9
(a) Maintain an adequate supply of epinephrine and disposable sterile needles and 10
syringes on every ambulance that it operates; and 11
(b) Establish medical protocols to be used by EMT providers and paramedics in 12
determining symptoms of an anaphylactic reaction, the appropriate dose or 13
doses of epinephrine, and the routes for administration. 14
Section 37. KRS 311A.200 is repealed, reenacted as a new section of KRS 15
Chapter 216B, and amended to read as follows: 16
(1) The provisions of Section 10 of this Act[KRS 311A.050] relating to the 17
certification and licensure of a felon as a first responder, emergency medical 18
technician, or paramedic to the contrary notwithstanding, the office[board] may 19
issue a limited certification as a first responder or emergency medical technician or 20
a limited license as a paramedic to a convicted felon who is currently serving a 21
sentence for a felony and is in a facility operated by or under contract to the 22
Department of Corrections. 23
(2) A felon with a limited certification or license shall be limited to performing his or 24
her services only upon other inmates, visitors, or staff of an institution operated by 25
or under contract to the Department of Corrections. 26
(3) Upon release by expiration of sentence, probation, shock probation, parole, or other 27 UNOFFICIAL COPY 22 RS BR 822
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form of early release or upon the escape of the inmate from confinement the license 1
or certification shall automatically terminate. If the inmate has escaped from 2
confinement he or she shall never be issued a future limited certification or license. 3
(4) All other provisions of this chapter relating to first responders, emergency medical 4
technicians, paramedics, and their employment and supervision shall apply to 5
convicted felons with a limited license or certification. 6
(5) An inmate who violates the provisions of this section shall be guilty of a Class D 7
felony. 8
Section 38. KRS 39A.275 (Effective until December 31, 2023) is amended to 9
read as follows: 10
(1) As used in this section: 11
(a) "Arising from COVID-19" means an injury or harm that allegedly occurred on 12
or after the emergency was declared on March 6, 2020, and until the 13
emergency declaration is withdrawn, revoked, or lapses, caused by or resulting 14
from: 15
1. The actual, alleged, or possible exposure to, transmission of, or 16
contraction of COVID-19; 17
2. Services, treatment, or other action performed to limit or prevent the 18
spread of COVID-19; or 19
3. Services performed by an entity outside the normal course of its business 20
in response to COVID-19; 21
(b) "COVID-19" means the novel coronavirus identified as SARS-CoV-2, or a 22
virus mutating from SARS-CoV-2, or any variant of SARS-CoV-2, and 23
medical conditions associated with the virus; 24
(c) "COVID-19 claim" means any claim or cause of action for an act or omission 25
arising from COVID-19 that accrued on or after the date the emergency was 26
declared on March 6, 2020, and until the emergency declaration is withdrawn, 27 UNOFFICIAL COPY 22 RS BR 822
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revoked, or lapses; 1
(d) "Executive action" means: 2
1. All orders and guidelines related to a COVID-19 declared emergency 3
issued by the Governor or any state agency, the President of the United 4
States or any federal agency, or a local governmental agency; and 5
2. Industry-specific guidelines related to a COVID-19 declared emergency 6
adopted by a state agency that govern the industry; 7
(e) "Executive action": 8
1. Does not mean informal or indefinite statements or recommendations 9
made by government officials; and 10
2. Does not create a duty of care; 11
(f) "Health care providers" means: 12
1. Any health facility as defined in KRS 216B.015; 13
2. Any person or entity providing health care or health services, including 14
those licensed, certified, or registered under, or subject to, KRS 15
194A.700 to 194A.729 or KRS Chapters 216B, 310, 311, [311A, ]311B, 16
312, 313, 314, 314A, 315, 319, 319A, 319B, 319C, 320, 327, 333, 17
334A, or 335; 18
3. The current and former employers, officers, directors, administrators, 19
agents, or employees of those entities listed in subparagraphs 1. and 2. of 20
this paragraph; or 21
4. Any person acting within the course and scope of his or her office, 22
employment, or agency relating to a health care provider; 23
(g) "Owner" means: 24
1. The possessor of a fee simple, reversionary, or easement interest, a 25
tenant, lessee, occupant, or person in control of any premises, and his or 26
her employees and agents; or 27 UNOFFICIAL COPY 22 RS BR 822
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2. The possessor of an ownership interest, lessee, occupant, or person in 1
control of an automobile, bus, train, boat, or aircraft, whether or not 2
licensed as a common carrier or motor carrier, and his or her employees 3
and agents; 4
(h) "Person" has the same meaning as in KRS 446.010, any other profit or 5
nonprofit institution or legal entity, and any employer or employee; 6
(i) "Political subdivision" has the same meaning as "governmental entity" in KRS 7
341.069; and 8
(j) "Premises" means: 9
1. Private or public roads, walking or cycling paths, sidewalks, hiking or 10
multi-use trails, watercourses, or water ways; 11
2. Buildings and structures, including houses of worship, schools, homes, 12
parks, restaurants, shops, stadiums, arenas, gyms, medical facilities, 13
long-term care facilities, retail facilities, wholesale and manufacturing 14
facilities, and facilities in which individuals charged with or convicted 15
of a crime are incarcerated; 16
3. Aircraft, automobiles, trains, buses, or watercraft, whether or not 17
licensed as a common carrier or motor carrier; or 18
4. Any other location where members of the public may engage in 19
personal, commercial, social, religious, or other activities. 20
(2) Except as provided in subsection (3) of this section, an owner who follows any 21
executive action to prevent the spread of COVID-19 during the COVID-19 declared 22
emergency and either directly or indirectly invites or permits another person to enter 23
the owner's premises while a COVID-19 declared emergency affecting the premises 24
remains in effect or continues, does not: 25
(a) Extend any assurance that the premises are safe from any risk of exposure to 26
COVID-19 or to conditions caused by the COVID-19 declared emergency; 27 UNOFFICIAL COPY 22 RS BR 822
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(b) Owe a duty to protect from or warn about any risk related to or caused by 1
COVID-19; or 2
(c) Assume responsibility, or incur liability, for any alleged injury, loss, or 3
damage to persons or property arising from a COVID-19 claim. 4
(3) Nothing in this section limits any liability of an owner for gross negligence, or 5
wanton, willful, malicious, or intentional misconduct. 6
(4) Nothing in this section shall: 7
(a) Create a duty of care or ground of liability for injury to persons or property; 8
(b) Relieve any person entering premises from any obligation that he or she may 9
have in the absence of this section to exercise care in his or her use of the 10
premises, or from the legal consequences of the failure to employ such care; 11
(c) Affect the right of persons to receive benefits to which he or she would 12
otherwise be entitled under KRS Chapter 342, nor does it affect the exclusive 13
application of that chapter; or 14
(d) Affect the applicability of KRS Chapter 338. 15
(5) Any COVID-19 claim for personal injury against an owner or essential service 16
provider shall be brought within the time set out in KRS 413.140. For purposes of 17
this subsection, such claim shall be deemed to have accrued at the time the injury is 18
first discovered, or in the exercise of reasonable care should have been discovered. 19
(6) Any COVID-19 claim involving motor vehicle accidents shall be governed by the 20
limitation periods in KRS 304.39-230. 21
(7) Any COVID-19 claim involving damage to real property shall be brought within the 22
time set out in KRS 413.120. 23
(8) (a) Any essential service provider during the declared emergency of the COVID-24
19 pandemic shall not be liable for any COVID-19 claim. 25
(b) Nothing in this subsection limits any liability of an essential service provider 26
for gross negligence, or wanton, willful, malicious, or intentional misconduct. 27 UNOFFICIAL COPY 22 RS BR 822
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(9) The following businesses and service providers shall be deemed essential service 1
providers and shall be considered an agent of the Commonwealth of Kentucky for 2
the limited purpose of providing essential services arising from COVID-19: 3
(a) The following service providers identified in Executive Order No. 2020-257 4
dated March 25, 2020: 5
1. Organizations that provide charitable and social services; 6
2. Individuals and businesses needed for transportation; 7
3. Financial institutions; 8
4. Mail, post, shipping, and pick-up services; 9
5. Individuals and businesses that produce, supply, prepare, and sell food; 10
6. Home-based care and services; and 11
7. Individuals and businesses that work in the supply chain for critical 12
medical and pharmaceutical products; 13
(b) Health care providers; 14
(c) Medicaid waiver providers; 15
(d) Elementary and secondary schools, whether public or private; 16
(e) Child care service providers and facilities; 17
(f) Funeral directors, morticians, undertakers, and embalmers; 18
(g) Local government agencies and political subdivisions; and 19
(h) Manufacturers located in the Commonwealth of Kentucky that produced or 20
are producing, or that distributed or are distributing, medical, medicinal, 21
hygienic items such as face masks and hand sanitizers, or other personal 22
protective equipment. 23
(10) Nothing in KRS Chapters 39A to 39F amends, repeals, or alters any immunity, 24
defense, limitation of liability, or procedure available or required under any other 25
law or contract. 26
Section 39. KRS 42.738 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 822
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(1) The executive director shall establish and implement a statewide public safety 1
interoperability plan. This plan shall include the development of required 2
architecture and standards that will insure that new or upgraded Commonwealth 3
public safety communications systems will interoperate. The Kentucky Wireless 4
Interoperability Executive Committee shall be responsible for the evaluation and 5
recommendation of all wireless communications architecture, standards, and 6
strategies. The executive director shall provide direction, stewardship, leadership, 7
and general oversight of information technology and information resources. The 8
executive director shall report by September 15 annually to the Interim Joint 9
Committee on Seniors, Veterans, Military Affairs, and Public Protection and the 10
Interim Joint Committee on State Government on progress and activity by agencies 11
of the Commonwealth to comply with standards to achieve public safety 12
communications interoperability. 13
(2) The Kentucky Wireless Interoperability Executive Committee shall serve as the 14
advisory body for all wireless communications strategies presented by agencies of 15
the Commonwealth and local governments. All state agencies in the 16
Commonwealth shall present all project plans for primary wireless public safety 17
voice or data communications systems for review and recommendation by the 18
committee, and the committee shall forward the plans to the executive director for 19
final approval. Local government entities shall present project plans for primary 20
wireless public safety voice or data communications systems for review and 21
recommendation by the Kentucky Wireless Interoperability Executive Committee. 22
(3) The committee shall develop funding and support plans that provide for the 23
maintenance of and technological upgrades to the public safety shared 24
infrastructure, and shall make recommendations to the executive director, the 25
Governor's Office for Policy and Management, and the General Assembly. 26
(4) The executive director shall examine the project plans for primary wireless public 27 UNOFFICIAL COPY 22 RS BR 822
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safety voice or data communications systems of state agencies as required by 1
subsection (2) of this section, and shall determine whether they meet the required 2
architecture and standards for primary wireless public safety voice or data 3
communications systems. 4
(5) The Kentucky Wireless Interoperability Executive Committee shall consist of the 5
following members[twenty (20) members as follows]: 6
(a) A person knowledgeable in the field of wireless communications appointed by 7
the executive director who shall serve as chair; 8
(b) The executive director of the Office of Infrastructure Services, 9
Commonwealth Office of Technology; 10
(c) The executive director of Kentucky Educational Television, or the executive 11
director's designee; 12
(d) The information technology lead of the Transportation Cabinet; 13
(e) The information technology lead of the Justice and Public Safety Cabinet; 14
(f) The information technology lead of the Department of Kentucky State Police; 15
(g) The commissioner of the Department of Fish and Wildlife Resources, or the 16
commissioner's designee; 17
(h) The information technology lead of the Energy and Environment Cabinet; 18
(i) The director of the Division of Emergency Management, Department of 19
Military Affairs; 20
(j) The executive director of the Kentucky Office of Homeland Security; 21
(k) The information technology lead of the Department for Public Health, Cabinet 22
for Health and Family Services; 23
(l) A representative from an institution of postsecondary education appointed by 24
the Governor from a list of three (3) names submitted by the president of the 25
Council on Postsecondary Education; 26
(m) The executive director of the Center for Rural Development, or the executive 27 UNOFFICIAL COPY 22 RS BR 822
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director's designee; 1
(n) A representative from a municipal government to be appointed by the 2
Governor from a list of three (3) names submitted by the Kentucky League of 3
Cities; 4
(o) A representative from a county government to be appointed by the Governor 5
from a list of three (3) names submitted by the Kentucky Association of 6
Counties; 7
(p) A representative from a municipal police department to be appointed by the 8
Governor from a list of three (3) names submitted by the Kentucky 9
Association of Chiefs of Police; 10
(q) A representative from a local fire department to be appointed by the Governor 11
from a list of three (3) names submitted by the Kentucky Association of Fire 12
Chiefs; 13
(r) A representative from a county sheriff's department to be appointed by the 14
Governor from a list of three (3) names submitted by the Kentucky Sheriffs' 15
Association; and 16
(s) [A representative from a local Emergency Medical Services agency to be 17
appointed by the Governor from a list of three (3) names submitted by the 18
Kentucky Board of Emergency Medical Services; and 19
(t) ]A representative from a local 911 dispatch center to be appointed by the 20
Governor from a list of three (3) names submitted by the Kentucky Chapter of 21
the National Emergency Number Association/Association of Public Safety 22
Communications Officials. 23
(6) Appointed members of the committee shall serve for a two (2) year term. Members 24
who serve by virtue of an office shall serve on the committee while they hold that 25
office. 26
(7) The committee shall meet quarterly, or as often as necessary for the conduct of its 27 UNOFFICIAL COPY 22 RS BR 822
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business. A majority of the members shall constitute a quorum for the transaction of 1
business. Members' designees shall have voting privileges at committee meetings. 2
(8) The committee shall be attached to the Commonwealth Office of Technology for 3
administrative purposes only. Members shall not be paid and shall not be 4
reimbursed for travel expenses. 5
(9) The Public Safety Working Group is hereby created for the primary purpose of 6
fostering cooperation, planning, and development of the public safety frequency 7
spectrum as regulated by the Federal Communications Commission, including the 8
700 MHz public safety band. The group shall endeavor to bring about a seamless, 9
coordinated, and integrated public safety communications network for the safe, 10
effective, and efficient protection of life and property. The Public Safety Working 11
Group membership and other working group memberships deemed necessary shall 12
be appointed by the chair of the Kentucky Wireless Interoperability Executive 13
Committee. 14
(10) The committee may establish additional working groups as determined by the 15
committee. 16
Section 40. KRS 61.168 is amended to read as follows: 17
(1) As used in this section: 18
(a) "Body-worn camera" means a video or audio electronic recording device that 19
is carried by or worn on the body of a public safety officer. This definition 20
does not include a dashboard mounted camera or recording device used in the 21
course of clandestine investigations; 22
(b) "Body-worn camera recording" or "recording" means a video or audio 23
recording, or both, that is made by a body-worn camera during the course of a 24
public safety officer's official duties; 25
(c) "Personal representative" means a court-appointed guardian, attorney, or agent 26
possessing written authorization to act on behalf of a person that is involved in 27 UNOFFICIAL COPY 22 RS BR 822
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an incident contained in a body-worn camera recording, a person holding a 1
power of attorney for a person that is involved in an incident contained in a 2
body-worn camera recording, or the parent or guardian of a minor child 3
depicted in a body-worn camera recording. If a person depicted in the 4
recording is deceased, the term also means the personal representative of the 5
estate of the deceased person, the deceased person's surviving spouse, parent, 6
or adult child, the deceased person's attorney, or the parent or guardian of a 7
surviving minor child of the deceased; 8
(d) "Public agency" has the same meaning as in KRS 61.870(1); 9
(e) "Public safety officer" means any individual that is an employee of a public 10
agency who is certified as a first responder under KRS Chapter 216B[311A] 11
or whose employment duties include law enforcement or firefighting 12
activities; and 13
(f) "Use of force" means any action by a public safety officer that results in death, 14
physical injury as defined in KRS 500.080(13), discharge of a personal body 15
weapon, chemical agent, impact weapon, extended range impact weapon, 16
sonic weapon, sensory weapon, conducted energy weapon, or a firearm, or 17
involves the intentional pointing of a public safety officer's firearm at a 18
member of the public. 19
(2) Except as provided in this section, the disclosure of body-worn camera recordings 20
shall be governed by the Kentucky Open Records Act, as set forth in KRS 61.870 to 21
61.884. 22
(3) The retention of body-worn camera video recordings shall be governed by KRS 23
171.410 to 171.740, and the administrative regulations promulgated by the 24
Kentucky Department of Libraries and Archives. 25
(4) Notwithstanding KRS 61.878(4), unless the request meets the criteria provided 26
under subsection (5) of this section, a public agency may elect not to disclose body-27 UNOFFICIAL COPY 22 RS BR 822
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worn camera recordings containing video or audio footage that: 1
(a) Includes the interior of a place of a private residence where there is a 2
reasonable expectation of privacy, unless the legal owner or lessee with legal 3
possession of the residence requests in writing that the release be governed 4
solely under the provisions of KRS 61.870 to 61.884; 5
(b) Includes the areas inside of a medical facility, counseling, or therapeutic 6
program office where a patient is registered to receive treatment, receiving 7
treatment, waiting for treatment, or being transported in the course of 8
treatment; 9
(c) Would disclose health care information shared with patients, their families, or 10
with a patient's care team or that is considered protected health information 11
under the Health Insurance Portability and Accountability Act of 1996; 12
(d) Includes the areas inside of a correctional facility when disclosure would 13
reveal details of the facility that would jeopardize the safety, security, or well-14
being of those in custody, the staff of the correctional facility, or law 15
enforcement officers; 16
(e) Is of a sexual nature or video footage that contains nude images of an 17
individual's genitals, pubic area, anus, or the female nipple; 18
(f) Is of a minor child, including but not limited to footage involving juvenile 19
custody matters; 20
(g) Includes the body of a deceased individual; 21
(h) Would reveal the identity of witnesses, confidential law enforcement 22
informants, or undercover law enforcement officers, or if the release could 23
jeopardize the safety, security, or well-being of a witness or confidential 24
informant; 25
(i) Would reveal the location information of a domestic violence program or 26
emergency shelter; 27 UNOFFICIAL COPY 22 RS BR 822
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(j) Would reveal information related to schools, colleges, and universities that is 1
protected by the federal Family Educational Rights and Privacy Act; 2
(k) Would result in the disclosure of nonpublic or confidential data classified as 3
Criminal Justice Information Services data by the Federal Bureau of 4
Investigation; 5
(l) Includes a public safety officer carrying out duties directly related to the 6
hospitalization of persons considered mentally ill; 7
(m) Includes the depiction of the serious injury or death of a public safety officer; 8
or 9
(n) Includes footage made in conjunction with a law enforcement exercise that 10
includes special response team actions, hostage negotiations, or training 11
events, but only where the public release of tactics, operational protocol, or 12
methodology would disadvantage the capability of public safety officers to 13
successfully respond in emergency or other dangerous situations. 14
(5) If the recording contains video or audio footage that: 15
(a) Depicts an encounter between a public safety officer where there is a use of 16
force, the disclosure of the record shall be governed solely by the provisions 17
of KRS 61.870 to 61.884, including all of the exceptions contained therein; 18
(b) Depicts an incident which leads to the detention or arrest of an individual or 19
individuals, the disclosure of the record shall be governed solely by the 20
provisions of KRS 61.870 to 61.884, including all of the exceptions contained 21
therein; 22
(c) Depicts an incident which is the subject of a formal complaint submitted 23
against a public safety officer under KRS 15.520, 67C.326, or 95.450, or 24
depicts an incident which is the subject of a formal legal or administrative 25
complaint against the agency employing the public safety officer, the release 26
of the record shall be governed by the provisions of KRS 61.870 to 61.884, 27 UNOFFICIAL COPY 22 RS BR 822
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including all of the exceptions contained therein; or 1
(d) Is requested by a person or other entity or the personal representative of a 2
person or entity that is directly involved in the incident contained in the body-3
worn camera recording, it shall be made available by the public agency to the 4
requesting party for viewing on the premises of the public agency, but the 5
public agency shall not be required to make a copy of the recording except as 6
provided in KRS 61.169. The requesting parties shall not be limited in the 7
number of times they may view the recording under this paragraph. 8
(6) Nothing in this section or KRS 61.169 shall be interpreted to override any provision 9
related to: 10
(a) Reports by law enforcement officers and criminal justice agencies under KRS 11
17.150; 12
(b) The law and rules governing discovery or the submission and display of 13
evidence in any court proceeding, whether criminal or civil, or any 14
administrative proceeding; or 15
(c) The provisions of KRS 189A.100. 16
Section 41. KRS 61.315 is amended to read as follows: 17
(1) As used in this section: 18
(a) "Police officer" means every paid police officer, sheriff, or deputy sheriff, 19
corrections employee with the power of a peace officer pursuant to KRS 20
196.037, any metropolitan or urban-county correctional officer with the power 21
of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any 22
auxiliary police officer appointed pursuant to KRS 95.445, any police officer 23
of a public institution of postsecondary education appointed pursuant to KRS 24
164.950, any school resource officer as defined in KRS 158.441, or any 25
citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, 26
elected to office, or employed by any county, airport board created pursuant to 27 UNOFFICIAL COPY 22 RS BR 822
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KRS Chapter 183, city, local board of education, or by the state; 1
(b) "Firefighter" means every paid firefighter or volunteer firefighter who is 2
employed by or volunteers his or her services to the state, airport board 3
created pursuant to KRS Chapter 183, any county, city, fire district, or any 4
other organized fire department recognized, pursuant to KRS 95A.262, as a 5
fire department operated and maintained on a nonprofit basis in the interest of 6
the health and safety of the inhabitants of the Commonwealth and shall 7
include qualified civilian firefighters employed at Kentucky-based military 8
installations; and 9
(c) "Emergency medical services personnel" means any paid or volunteer 10
emergency medical services personnel who is certified or licensed pursuant to 11
KRS Chapter 216B[311A] and who is employed directly by, or volunteering 12
directly for, any: 13
1. County; 14
2. City; 15
3. Fire protection district created under KRS 75.010 to 75.260; or 16
4. Emergency ambulance service district created under KRS 108.080 to 17
108.180; 18
to provide emergency medical services. 19
(2) The spouse of any police officer, sheriff, deputy sheriff, corrections employee with 20
the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban-21
county correctional officer with the power of a peace officer pursuant to KRS 22
446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant 23
to KRS 95.445, any police officer of a public institution of postsecondary education 24
appointed pursuant to KRS 164.950, any school resource officer as defined in KRS 25
158.441, or any citation or safety officer appointed pursuant to KRS 83A.087 and 26
83A.088, firefighter, or member of the Kentucky National Guard on state active 27 UNOFFICIAL COPY 22 RS BR 822
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duty pursuant to KRS 38.030, or a member of a state National Guard or a Reserve 1
component on federal active duty under Title 10 or 32 of the United States Code 2
who names Kentucky as home of record for military purposes, whose death occurs 3
on or after July 1, 2002, as a direct result of an act in the line of duty shall receive a 4
lump-sum payment of eighty thousand dollars ($80,000) if there are no surviving 5
children, which sum shall be paid by the State Treasurer from the general fund of 6
the State Treasury. The spouse of any emergency medical services personnel whose 7
death occurs on or after November 1, 2015, as a direct result of an act in the line of 8
duty shall receive a lump-sum payment of eighty thousand dollars ($80,000) if there 9
are no surviving children, which sum shall be paid by the State Treasurer from the 10
general fund of the State Treasury. If there are surviving children and a surviving 11
spouse, the payment shall be apportioned equally among the surviving children and 12
the spouse. If there is no surviving spouse, the payment shall be made to the 13
surviving children, eighteen (18) or more years of age. For surviving children less 14
than eighteen (18) years of age, the State Treasurer shall: 15
(a) Pay thirty-five thousand dollars ($35,000) to the surviving children; and 16
(b) Hold forty-five thousand dollars ($45,000) in trust divided into equal accounts 17
at appropriate interest rates for each surviving child until the child reaches the 18
age of eighteen (18) years. 19
If a child dies before reaching the age of eighteen (18) years, his or her account shall 20
be paid to his or her estate. If there are no surviving children, the payment shall be 21
made to any parents of the deceased. 22
(3) The Kentucky Fire Commission shall be authorized to promulgate administrative 23
regulations establishing criteria and procedures applicable to the administration of 24
this section as it pertains to both paid and volunteer firefighters, including but not 25
limited to defining when a firefighter has died in line of duty. Administrative 26
hearings promulgated by administrative regulation under authority of this 27 UNOFFICIAL COPY 22 RS BR 822
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subsection shall be conducted in accordance with KRS Chapter 13B. 1
(4) The Justice and Public Safety Cabinet may promulgate administrative regulations 2
establishing criteria and procedures applicable to the administration of this section 3
as it pertains to police officers, any metropolitan or urban-county correctional 4
officers with the power of a peace officer pursuant to KRS 446.010, any school 5
resource officer as defined in KRS 158.441, or any jailers or deputy jailers, 6
including but not limited to defining when one has died in line of duty. 7
Administrative hearings promulgated by administrative regulation under authority 8
of this subsection shall be conducted in accordance with KRS Chapter 13B. 9
(5) The Department of Corrections shall promulgate administrative regulations 10
establishing the criteria and procedures applicable to the administration of this 11
section as it pertains to correctional employees, including but not limited to defining 12
which employees qualify for coverage and which circumstances constitute death in 13
the line of duty. 14
(6) The Office of Inspector General, Cabinet for Health and Family 15
Services[Kentucky Board of Emergency Medical Services] shall promulgate 16
administrative regulations establishing the criteria and procedures applicable to the 17
administration of this section as it pertains to emergency medical services 18
personnel, including but not limited to which employees or volunteers qualify for 19
coverage and which circumstances constitute death in the line of duty. 20
(7) The Department of Military Affairs shall promulgate administrative regulations 21
establishing the criteria and procedures applicable to the administration of this 22
section as it pertains to National Guard or Reserve component members, including 23
but not limited to defining which National Guard or Reserve component members 24
qualify for coverage and which circumstances constitute death in the line of duty. 25
(8) The estate of anyone whose spouse or surviving children would be eligible for 26
benefits under subsection (2) of this section, and the estate of any regular member 27 UNOFFICIAL COPY 22 RS BR 822
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of the United States Armed Forces who names Kentucky as home of record for 1
military purposes whose death occurs as a direct result of an act in the line of duty, 2
shall be exempt from all probate fees, including but not limited to those established 3
by the Supreme Court of Kentucky pursuant to KRS 23A.200 and 24A.170, or 4
imposed under KRS 24A.185, 64.012, and 172.180. 5
(9) The benefits payable under this section shall be in addition to any benefits now or 6
hereafter prescribed under any police, sheriff, firefighter's, volunteer firefighter's, 7
emergency medical services personnel, or National Guard or Reserve retirement or 8
benefit fund established by the federal government or by any state, county, or any 9
municipality. 10
(10) Any funds appropriated for the purpose of paying the death benefits described in 11
subsection (2) of this section shall be allotted to a self-insuring account. These 12
funds shall not be used for the purpose of purchasing insurance. 13
(11) (a) For the purposes of this section, if a firefighter dies as a result of cancer, the 14
death shall be a direct result of an act in the line of duty if the firefighter: 15
1. Was a firefighter for at least five (5) consecutive years; 16
2. Developed one (1) or more of the cancers listed in paragraph (b) of this 17
subsection which caused the firefighter's death within ten (10) years of 18
separation from service as a firefighter; 19
3. Did not use tobacco products for a period of ten (10) years prior to the 20
diagnosis of cancer; 21
4. Was under the age of sixty-five (65) at the time of death; 22
5. Was not diagnosed with any cancer prior to employment as a firefighter; 23
and 24
6. Was exposed while in the course of firefighting to a known carcinogen 25
as defined by the International Agency for Research on Cancer or the 26
National Toxicology Program, and the carcinogen is reasonably 27 UNOFFICIAL COPY 22 RS BR 822
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associated with one (1) or more of the cancers listed in paragraph (b) of 1
this subsection. 2
(b) This section shall apply to the following cancers: 3
1. Bladder cancer; 4
2. Brain cancer; 5
3. Colon cancer; 6
4. Non-Hodgkin's lymphoma; 7
5. Kidney cancer; 8
6. Liver cancer; 9
7. Lymphatic or haematopoietic cancer; 10
8. Prostate cancer; 11
9. Testicular cancer; 12
10. Skin cancer; 13
11. Cervical cancer; and 14
12. Breast cancer. 15
(c) 1. The provisions of this subsection creating an entitlement to the line of 16
duty death benefits shall apply exclusively to this section and shall not 17
be interpreted or otherwise construed to create either an express or 18
implied presumption of work-relatedness for any type of claim filed 19
pursuant to KRS Chapter 342. 20
2. This paragraph is intended to provide clarification regarding the sole and 21
exclusive application of this subsection to only the benefits available 22
under this section and shall not be used as a bar or other type of 23
limitation to impair or alter the rights and ability of a claimant to prove 24
work-relatedness under KRS Chapter 342 or other laws. 25
Section 42. KRS 65.7623 is amended to read as follows: 26
(1) There is hereby created the Kentucky 911 Services Board, the "board," consisting of 27 UNOFFICIAL COPY 22 RS BR 822
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seven (7) members as follows: 1
(a) The executive director of the Office of Homeland Security; 2
(b) The secretary of the Public Protection Cabinet; 3
(c) One (1) elected city official of a city government appointed by the Kentucky 4
League of Cities; 5
(d) One (1) elected county official of a county government appointed by the 6
Kentucky Association of Counties; 7
(e) One (1) director of a certified PSAP operated by a local government entity or 8
a consolidated group of local government entities who previously served on 9
the 911 Services Advisory Council and is not an elected official, to be 10
appointed jointly by the Kentucky Association of Public-Safety 11
Communications Officials and the Kentucky Emergency Number Association; 12
(f) One (1) member representative of a county or city government appointed by 13
the Governor from a list of three (3) names submitted by the Kentucky League 14
of Cities or Kentucky Association of Counties. The Kentucky League of Cities 15
and the Kentucky Association of Counties shall alternate in providing a list of 16
names to the Governor every two (2) years, and the selected member 17
representative shall serve for a two (2) year term and may be an elected city or 18
county official; and 19
(g) One (1) member appointed by the Governor who shall be employed by or 20
representative of the interest of CMRS providers. The member representing 21
the interests of CMRS providers shall serve for a two (2) year term, and shall 22
alternate between representing a Tier I provider and a Tier III provider. 23
(2) The executive director of the Office of Homeland Security and secretary of the 24
Public Protection Cabinet shall serve by virtue of their offices. The members 25
appointed under subsection (1)(c) to (e) of this section shall be appointed for a term 26
of four (4) years and until their successors are appointed and qualified. Members 27 UNOFFICIAL COPY 22 RS BR 822
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appointed under subsection (1)(f) and (g) of this section shall serve for a term of 1
two (2) years. Members appointed under subsection (1)(c) to (g) of this section may 2
only serve as long as the appointee holds the office or position he or she held at the 3
time of his or her appointment. Any vacancy on the board shall be filled in the same 4
manner as the original appointment and shall be for the remainder of the unexpired 5
term. 6
(3) No member of the board shall be held to be a public officer by reason of 7
membership on the board. The elected city and county officials appointed under 8
subsection (1) of this section shall each serve on the board in an ex officio voting 9
capacity by virtue of their respective elected offices as long as they continue to 10
occupy their local elected positions during their term as a board member. Their 11
duties as members of the board shall be an extension of their duties as local elected 12
officials and their service on the board shall not constitute the holding of a separate 13
and distinct public office apart from their respective local elected positions. 14
(4) The executive director of the Office of Homeland Security shall serve as chair and 15
preside over meetings of the board, which shall be conducted at least four (4) times 16
each year. In the absence of the executive director of the Office of Homeland 17
Security, the board may be chaired by any other member of the board selected by 18
the remaining members. The board shall be subject to the provisions of the 19
Kentucky Open Meetings Act, KRS 61.805 to 61.850. The board shall establish a 20
regular meeting schedule for each calendar year. The board shall hold at least two 21
(2) meetings per calendar year in congressional districts other than the one in which 22
Frankfort is located, and shall rotate its traveling meeting locations among the 23
congressional districts before holding another traveling meeting in the same 24
congressional district. A majority of the members appointed to the board shall 25
constitute a quorum. 26
(5) In addition to the administrator appointed by the executive director of the Office of 27 UNOFFICIAL COPY 22 RS BR 822
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Homeland Security under KRS 65.7625, the Office of Homeland Security shall 1
provide staff services, office space, and other resources necessary to conduct its 2
affairs. The board shall be attached to the Office of Homeland Security for 3
administrative purposes but shall operate as an independent entity within state 4
government. 5
(6) The board members shall serve without compensation but shall be reimbursed in 6
accordance with KRS 45.101 for expenses incurred in connection with their official 7
duties as members of the board. 8
(7) All administrative costs and expenses incurred in the operation of the board, 9
including payments under subsections (5) and (6) of this section and KRS 65.7625, 10
shall be paid as reimbursement to the Office of Homeland Security from that 11
portion of the CMRS fund that is authorized under KRS 65.7631(2) to be used by 12
the board for administrative purposes. Expenses for personnel, equipment, or 13
facilities that serve multiple functions or purposes shall be prorated. Only those 14
costs for services directly involved in the coordination and administration of duties 15
related to the CMRS emergency telecommunications function shall be eligible for 16
payment using the funds provided in KRS 65.7631(2). 17
(8) Prior to June 1 of each year, the Office of Homeland Security shall submit a budget 18
detailing all projected administrative and operational expenses for the subsequent 19
fiscal year to be used by the board in establishing the board's budget for the 20
upcoming fiscal year. 21
(9) The board shall be advised by a permanent advisory council with members 22
appointed by the executive director of the Office of Homeland Security. The 23
members of the advisory council shall represent the interests of the 911 community 24
and shall, at a minimum, include a representative from each of the following 25
organizations: 26
(a) 1. The Department of Kentucky State Police; 27 UNOFFICIAL COPY 22 RS BR 822
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2. The Kentucky Sheriffs' Association; 1
3. The Kentucky Association of Chiefs of Police; 2
4. The Kentucky Fire Chiefs Association; 3
5. The Kentucky Ambulance Providers Association; 4
6. The Kentucky League of Cities; 5
7. The Kentucky Association of Counties; 6
8. The Department of Criminal Justice Training; and 7
9. The Office of Inspector General, Cabinet for Health and 8
Family[Kentucky Board of Emergency Medical] Services; 9
(b) The Kentucky Association of Public-Safety Communications Officials and the 10
Kentucky Emergency Number Association, each appointed by the executive 11
director of the Office of Homeland Security from a list of three (3) names 12
submitted by both organizations; and 13
(c) Any other members selected by the executive director who are familiar with 14
PSAPs, public finances, shared governmental services, emergency 15
management, community crisis response preparation, or the interests of 911 16
service stakeholders. 17
Section 43. KRS 75A.020 is amended to read as follows: 18
(1) A new consolidated emergency services district may be formed by one (1) of the 19
following processes: 20
(a) The board of: 21
1. Any two (2) or more fire protection districts established under KRS 22
Chapter 75 or 273, any special district whose services are subject to the 23
licensure provisions of KRS Chapter 216B[311A], or any rescue squads 24
established under KRS Chapter 39F; or 25
2. Any fire protection districts established under KRS Chapter 75 or 273, 26
any special district whose services are subject to the licensure provisions 27 UNOFFICIAL COPY 22 RS BR 822
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of KRS Chapter 216B[311A], or any rescue squads established under 1
KRS Chapter 39F that have merged within the five (5) years prior to the 2
adoption of this section that would have been eligible to consolidate 3
under the provisions of this section; 4
3. May adopt resolutions agreeing to the formation of a consolidated 5
emergency services district and requesting the creation of a consolidated 6
emergency services district. The governing bodies shall notify the 7
county fiscal court, consolidated local government, charter county 8
government, or unified local government with jurisdiction over the 9
proposed district and request the formation of a consolidated emergency 10
services district; or 11
(b) The board of any two (2) or more consolidated emergency service districts 12
established under this chapter may adopt resolutions agreeing to the merger of 13
consolidated emergency services districts and requesting the creation of a new 14
consolidated emergency services district. The governing bodies shall notify 15
the county fiscal court, consolidated local government, charter county 16
government, or unified local government with jurisdiction over the proposed 17
district and request the formation of a new consolidated emergency services 18
district. 19
(2) (a) Any county fiscal court, consolidated local government, charter county 20
government, or unified local government, upon receipt of a request from two 21
(2) or more fire protection districts, special districts whose services are subject 22
to the licensure provisions of KRS Chapter 216B[311A], or rescue squads 23
established under KRS Chapter 39F, may create a consolidated emergency 24
services district in their jurisdiction by adoption of an ordinance approving the 25
establishment of a consolidated emergency services district and authorizing 26
any relevant fire protection district to join if its governing authority has 27 UNOFFICIAL COPY 22 RS BR 822
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approved it to join the consolidated district. 1
(b) The ordinance shall describe the boundaries by metes and bounds and name 2
for the consolidated district. No consolidated emergency services district shall 3
take effect less than sixty (60) days from completing the required elements 4
outlined in this section. 5
(c) The county fiscal court, consolidated local government, charter county 6
government, or unified local government clerk shall notify all planning 7
commissions, cities, and area development districts within whose jurisdiction 8
the approved service area is located and any state agencies required by law to 9
be notified of the proposal for the creation of the taxing district within thirty 10
(30) days from adoption of the ordinance authorizing creation of the district. 11
(d) The creation of a consolidated emergency services taxing district shall be of 12
legal effect only after adoption of an ordinance creating the taxing district and 13
after a certified copy of the ordinance creating the taxing district is filed with 14
the county clerk. 15
(e) Any aggrieved person may bring an action in the Circuit Court having 16
jurisdiction of that county to contest the decision of the county fiscal court or 17
legislative body of the county to establish a consolidated emergency services 18
district or to protest the inclusion of any county, consolidated local 19
government, charter county government, unified local government, fire 20
protection district or volunteer fire department district established pursuant to 21
KRS Chapter 75 or 273, any special district whose services are subject to the 22
licensure provisions of KRS Chapter 216B[311A], or any rescue squad 23
established pursuant to KRS Chapter 39F within a consolidated emergency 24
services district. 25
(3) (a) If the governing body of any fire protection district established under KRS 26
Chapter 75 or 273, any special district whose services are subject to the 27 UNOFFICIAL COPY 22 RS BR 822
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licensure provisions of KRS Chapter 216B[311A], or any rescue squad 1
established under KRS Chapter 39F desires to have its district become part of 2
an established consolidated emergency services district after the creation of 3
the district, it shall by motion so record its desire in the minutes of the board, 4
in the case of any fire protection district, any emergency medical services 5
special district, or any rescue squad. The board shall convey this request to the 6
consolidated emergency service district's board. Within sixty (60) days of 7
receiving the request the consolidated emergency service district's board shall 8
vote upon this request. The approval shall be certified to the clerk of the 9
county, consolidated local government, charter county government, or unified 10
local government in the jurisdiction in which the consolidated district is 11
located. 12
(b) The approval of the addition of a district to the consolidated emergency 13
services district shall become effective upon the adoption of an ordinance 14
amending the ordinance creating the consolidated emergency services district 15
by the county fiscal court, consolidated local government, charter county 16
government, or unified local government and authorizing the inclusion of the 17
petitioning fire protection district. The amended ordinance shall identify the 18
boundaries by metes and bounds of the amended consolidated emergency 19
services district. 20
Section 44. KRS 75A.050 is amended to read as follows: 21
(1) (a) Upon the creation of a district, the trustees of a district are authorized to 22
provide fire services, emergency medical services subject to KRS Chapter 23
216B[311A], or rescue services pursuant to KRS Chapter 39F, as provided in 24
paragraph (c) of this subsection, and to levy a tax upon the property in the 25
district. 26
(b) The property taxed shall be subject to county tax, and the tax levied by the 27 UNOFFICIAL COPY 22 RS BR 822
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board upon creation of the district shall be approved by the county fiscal court, 1
consolidated local government, charter county government, or unified local 2
government having jurisdiction over the district at the time of passage of the 3
ordinance creating the district. The tax shall not exceed ten cents ($0.10) per 4
one hundred dollars ($100) of valuation as assessed for county taxes, for the 5
purpose of defraying the expenses for the provision of fire services or rescue 6
services. The rate set in this subsection shall apply, notwithstanding the 7
provisions of KRS 132.023. 8
(c) The district that establishes and operates an emergency ambulance service and 9
is the primary service provider in the district may levy a tax upon the property 10
in the district. The tax to be levied shall be proposed by the board, shall be 11
approved by the county fiscal court, consolidated local government, charter 12
county government, or unified local government having jurisdiction over the 13
district and the tax shall not exceed twenty cents ($0.20) per one hundred 14
dollars ($100) of valuation as assessed for county taxes, for the purpose of 15
defraying the expenses of the provision of fire services, emergency medical 16
services, or rescue service, or to make contracts for fire protection for the 17
districts as provided in KRS 75.050. The rate set in this subsection shall 18
apply, notwithstanding KRS 132.023. 19
(d) 1. Any increase of the total tax levy beyond the rate initially approved by 20
the board and authorized by the county fiscal court, consolidated local 21
government, charter county government, or unified local government 22
shall be subject to KRS 132.023. Any increase in excess of the annual 23
compensating rate for the consolidated emergency services district shall 24
require the approval of the county fiscal court, consolidated local 25
government, charter county government, or unified local government 26
having jurisdiction over the district. If at any time an election resulting 27 UNOFFICIAL COPY 22 RS BR 822
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from a recall petition pursuant to KRS 132.017 is required, the question 1
shall be presented to all voters in every precinct for which any part of the 2
precinct is served by the district subject to the recall petition. 3
2. If two (2) or more established consolidated emergency services merge to 4
create a new consolidated emergency services district, as authorized in 5
this chapter, the initial tax to be levied, as proposed by the board, shall 6
be approved by the county fiscal court, consolidated local government, 7
charter county government, or unified local government having 8
jurisdiction over the district, and the initial tax levied shall not exceed 9
the highest tax rate currently levied by one (1) of the merging districts. 10
Any increase to the initial tax rate shall be subject to KRS 132.023. Any 11
increase in excess of the annual compensating rate for the consolidated 12
emergency services district shall require the approval of the county fiscal 13
court, consolidated local government, charter county government, or 14
unified local government having jurisdiction over the district. If at any 15
time an election resulting from a recall petition pursuant to KRS 16
132.017 is required, the question shall be presented to all voters in every 17
precinct for which any part of the district serves. 18
(2) The property valuation administrator of the county in which the district is created, 19
with the cooperation of the board, shall note on the tax rolls the taxpayers and 20
valuation of the property subject to such assessment. The county clerk shall 21
compute the tax on the regular state and county tax bills in such manner as may be 22
directed by regulation of the Department of Revenue. 23
(3) These taxes shall be subject to the same delinquency date, discounts, penalties, and 24
interest as are applied to the collection of ad valorem taxes and shall be collected by 25
the sheriff of the county involved and accounted for to the treasurer of the district. 26
The sheriff shall be entitled to a fee of the amount collected by him. The fiscal court 27 UNOFFICIAL COPY 22 RS BR 822
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shall, in the ordinance set forth in subsection (2) of this section and in consultation 1
with the sheriff and the consolidated emergency services district, set a collection fee 2
for the sheriff in an amount not to exceed four and one-fourth percent (4.25%). 3
Section 45. KRS 75A.090 is amended to read as follows: 4
(1) The district may, through the board, make and enter into contracts with any other 5
fire protection district, fire prevention district, municipal corporation, volunteer fire 6
department, volunteer fire prevention unit, volunteer fire protection unit, any special 7
district whose services are subject to the licensure provisions of KRS Chapter 8
216B[311A], or any rescue squads established under KRS Chapter 39F, either 9
within the same county or within an adjoining county in an area adjacent to the 10
boundary line between the counties, for the furnishing or receiving of emergency 11
services for all property within the confines of the area included in and covered by 12
the contract or contracts, where these emergency services are not otherwise 13
provided by some division of government or governmental agency. 14
(2) The personnel acting in their official capacities and equipment of a contracting 15
party, in going to and returning from an emergency, or in answering and responding 16
to a false alarm or call, and while endeavoring to provide emergency services within 17
the area covered by the contract, shall be deemed and is declared to be engaged in 18
the exercise of a governmental function. 19
Section 46. KRS 75A.120 is amended to read as follows: 20
(1) As used in this section, unless the context requires otherwise: 21
(a) "Board" means the board of trustees a consolidated emergency services 22
district organized under this chapter; 23
(b) "Chairman" means the chairman of the board of a consolidated emergency 24
services district organized under this chapter; 25
(c) "Chief" means the chief of the consolidated emergency services district 26
organized under this chapter; 27 UNOFFICIAL COPY 22 RS BR 822
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(d) "Consolidated emergency services district" means districts organized under 1
this chapter; 2
(e) "Dismissal" means the discharge of an employee by lawful authority; 3
(f) "Employees" means all persons employed, and paid wages, salary, or other 4
compensation for emergency services performed, by the board of trustees of a 5
consolidated emergency services district organized under this chapter. The 6
term "employees" does not include any individual who is a volunteer as 7
defined in paragraph (n) of this subsection. 8
(g) "Member" shall include the chief and all officers; all providers of emergency 9
services, including volunteer, paid, regular, and all employees, or special 10
firefighters; of a consolidated emergency services district organized under this 11
chapter; 12
(h) "Paid emergency service worker" means all personnel who are employees of 13
the consolidated emergency services district organized under this chapter 14
involved in the provision of emergency medical services subject to the 15
licensure provisions of KRS Chapter 216B[311A] or the provision of rescue 16
services pursuant to KRS Chapter 39F; 17
(i) "Paid firefighters" means all firefighters who are employees of the 18
consolidated emergency services district organized under this chapter; 19
(j) "Regular firefighters" means all firefighters who are members of a 20
consolidated emergency services district organized under this chapter, except 21
for special firefighters appointed by the chairman of the board of trustees 22
pursuant to KRS 75.110; 23
(k) "Salary" and "wages" mean any compensation received by an employee by 24
reason of his employment for services performed for a consolidated 25
emergency services district organized under this chapter; 26
(l) "Suspension" means the separation of an employee from the service for a 27 UNOFFICIAL COPY 22 RS BR 822
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temporary or fixed period of time, by his appointing authority, as a 1
disciplinary measure; 2
(m) "Trustees" means the board of trustees of a consolidated emergency services 3
district organized under this chapter; and 4
(n) "Volunteer" means any person who is a member of a consolidated emergency 5
services district organized under this chapter who volunteers to provide 6
services for the district, if the individual receives no salary, wages, or other 7
compensation for services performed, or if the individual is paid expenses, 8
reasonable benefits, or a nominal fee to perform the services for which the 9
individual volunteered, and the services are not the same type of services 10
which the individual is employed to perform for the consolidated emergency 11
services district organized under this chapter. 12
(2) (a) The chairman may, if in his or her discretion there is a case of need, appoint 13
special firefighters to do special duties at any place within the limits of the 14
consolidated emergency services district, on terms he or she deems proper. 15
(b) These special firefighters shall be governed by rules as the board may provide, 16
and be given the powers the board may provide, including the powers 17
enumerated in KRS 75.160 in the discretion of the board; if rules are not 18
provided they shall be deemed to have the powers and duties of regular 19
firefighters. 20
(3) (a) Except as provided in subsection (4) of this section no member or employee 21
of a consolidated emergency services district shall be reprimanded, dismissed, 22
suspended, or reduced in grade or pay for any reason except inefficiency, 23
misconduct, insubordination, or violation of law or of the rules adopted by the 24
board the district, and only after charges are preferred and a hearing conducted 25
as provided in this section. 26
(b) Any person may file charges against a member or employee of the district by 27 UNOFFICIAL COPY 22 RS BR 822
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filing them with the secretary of the board and by delivering or mailing the 1
charges to the principal offices of the district. The secretary shall immediately 2
communicate the charges to the board by mailing or delivering a copy of the 3
charges to each member of the board within seven (7) days of receipt of the 4
charges at the principal fire house. The chairman shall, after conducting or 5
having conducted any inquiry or investigation which may be necessary, 6
determine if probable cause appears. The chairman shall prefer charges to the 7
board against any member or employee, against whom probable cause exists, 8
of conduct justifying the dismissal or punishment of the member or employee. 9
If probable cause does not exist, the chairman shall dismiss the charges. All 10
charges shall be written and shall set out clearly the charges made. The person 11
filing the charges may withdraw them at any time before the conclusion of the 12
hearing. The charges may then be dismissed. 13
(c) Charges preferred by the chairman shall be heard by either the full board or a 14
committee consisting of at least three (3) members of the board appointed by 15
the chairman. At the hearing all charges shall be considered, and the trial shall 16
be confined to matters related to the issues presented. Within forty-five (45) 17
days after the charges have been preferred by the chairman to the board, that 18
body, or a committee consisting of at least three (3) members of the board 19
appointed by the chairman, shall proceed to hear the charges. At least ten (10) 20
days before the hearing the member or employee accused shall be served 21
personally or by registered mail with a copy of the charges and a statement of 22
the day, place, and hour at which the hearing of the charges will begin. The 23
person accused may, in writing, waive the service of charges and demand trial 24
within thirty (30) days after the charges are preferred to the board. 25
(d) The board of the district may summon and compel attendance of witnesses at 26
hearings by subpoena issued by the secretary of that body and served upon the 27 UNOFFICIAL COPY 22 RS BR 822
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witnesses by any officer authorized to serve court subpoenas. If any witness 1
fails to appear in response to a summons, or refuses to testify concerning any 2
matter on which he may lawfully be interrogated, any District Judge, on 3
application of the board, may compel obedience by proceedings for contempt, 4
as in the case of disobedience of a subpoena issued from the District Court. 5
The member or employee accused may have subpoenaed any witnesses he or 6
she may desire, upon furnishing their names to the secretary of the board. The 7
written records of the charges, the hearing, if held, and any other actions or 8
decisions of the board on the charges shall be kept as an open public record 9
and maintained as required by KRS Chapter 61. 10
(e) When the board or the chief of the district has probable cause to believe a 11
member or employee of a district has been guilty of conduct justifying 12
dismissal or punishment, the board or the chief may suspend the member or 13
employee from duty or from both pay and duty, pending trial, and the member 14
or employee shall not be placed on duty, or allowed pay, until the charges are 15
heard. If the member is suspended, there shall be no continuances granted 16
without the consent of the member or employee accused. If the member 17
suspended is a paid firefighter or an employee, the hearing on the charges 18
shall be conducted within fourteen (14) days after the charges have been 19
preferred by the chairman of the board. 20
(f) The board of the district shall fix the punishment of a member or employee of 21
the district found guilty, by a reprimand, suspension for any length of time not 22
to exceed six (6) months, by reducing the grade if the accused is an officer, or 23
by combining any two (2) or more of those punishments, or by dismissal as a 24
member or employee of the district. 25
(4) (a) Any member or employee of the district found guilty by the board of the 26
district of any charge, as provided by KRS 75.130, may appeal to the Circuit 27 UNOFFICIAL COPY 22 RS BR 822
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Court of the county in which the district is located, but the enforcement of the 1
judgment of the district shall not be suspended pending appeal. The notice of 2
the appeal shall be filed not later than thirty (30) days after the date the board 3
of the district makes its determination on the charge. 4
(b) Upon request of the accused, the secretary of the board shall file a certified 5
copy of the charges and the judgment of the board in the Circuit Court. Upon 6
the transcript being filed, the case shall be docketed in the Circuit Court and 7
tried as an original action. 8
(c) If the secretary of the board fails to certify the transcript to the Circuit Court 9
within thirty (30) days after the request is made, the party aggrieved may file 10
an affidavit in the Circuit Court setting out as fully as possible the charges 11
made, the time of the hearing, and the judgment of the board, together with a 12
statement that demand for transcript was made upon the secretary of the board 13
more than thirty (30) days before the filing of the affidavit. Upon the filing of 14
the affidavit in the Circuit Court, the case shall be docketed and the Circuit 15
Court may compel the filing of the transcript by the secretary of the board by 16
entering the proper mandatory order, and by fine and imprisonment for 17
contempt. The appeal shall have precedence over other business, and be 18
determined speedily. 19
(d) An appeal will lie from the judgment of the Circuit Court to the Court of 20
Appeals as in other cases. 21
(5) (a) No person shall be appointed a member of the district on account of any 22
political service, contribution, sentiment, or affiliation. No member shall be 23
dismissed, suspended, or reduced in grade or pay for any political opinion. 24
(b) Members and employees of the district, while off duty and out of uniform, 25
shall be entitled to: 26
1. Place political bumper stickers on their privately owned vehicles; 27 UNOFFICIAL COPY 22 RS BR 822
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2. Wear political buttons; 1
3. Contribute money to political parties, political candidates, and political 2
groups of their choice; 3
4. Work at the polls on election days; 4
5. Aid in the registration or purgation of voters; 5
6. Become members of political groups; and 6
7. Hold office in political groups and carry out the mandates of that group. 7
(6) (a) The chief in the district shall attend all sessions of the board, except executive 8
sessions, and shall execute all the orders of the board. Whenever "chief" is 9
used in this chapter, it shall include the assistant chief when the chief is not on 10
duty. 11
(b) The regular members of the district, except volunteer members, shall have the 12
same powers of arrest as now given by law to sheriffs of this Commonwealth 13
and they are hereby expressly declared conservators of the public peace whose 14
duties, in addition to their other prescribed duties, are to conserve the peace, 15
enforce all laws and preserve order, and they shall have and are hereby 16
expressly given the same right and the same power to arrest, search, and seize 17
as is now given by law to sheriffs of this Commonwealth, and they shall be at 18
all times subject to the orders of the county judge/executive in which the 19
district lies while enforcing this section. Provided, however, that members of 20
these fire departments shall not have the power to serve subpoenas, 21
summonses, and notices in civil cases and they shall receive no fees for 22
performing any of the duties prescribed in this section as pertains to powers of 23
law enforcement. The members shall constitute a law enforcement agency in 24
addition to the patrol and investigation functions of the sheriff and his 25
deputies under KRS 75.150 to 75.170. 26
(7) (a) Each member of the district shall, before entering upon the discharge of his or 27 UNOFFICIAL COPY 22 RS BR 822
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her various duties, take an oath before the county judge/executive of the 1
county or a notary public, to faithfully discharge his duties, and the oath shall 2
be subscribed by the person taking it and filed in the minute book kept by the 3
secretary of the board. 4
(b) Each member of the district shall give such bond as the board may designate 5
and with a surety as required by the board conditioned upon faithful 6
performance of the member's duties. 7
(8) (a) The chief, assistant chief, or highest officer present at the fires answered by 8
his or department shall investigate their causes. He or she may examine 9
witnesses, compel the testimony of witnesses, administer oaths, compel 10
production of evidence, and make arrests as provided in KRS 75.160. He or 11
she may enter any building at all reasonable times for the purpose of 12
examining the building if, in his or her opinion the building is in danger of 13
fire. He shall report his or her findings, when requested, to the board, 14
Kentucky Inspection Bureau, and state fire marshal. 15
(b) The chief of the district shall direct and control the operation of the district 16
and the control of the members in the discharge of their duties. He or she, and 17
members of the district, shall have access to and the use of all cisterns, 18
fireplugs, the waters of the waterworks of private persons and cisterns of 19
private persons for the purpose of extinguishing fires and shall have the power 20
to examine these water supplies at all reasonable times to see that they are in 21
condition for use in case of fire. The chief shall have control of all hoses, 22
buildings, engines, and other emergency equipment provided for the district 23
under direction of the board, or those authorized by the board to exercise this 24
direction, and shall perform such other duties prescribed by the board not 25
inconsistent with law. Upon application within ten (10) days to the board, any 26
owner of property where water is used for firefighting or the provision of 27 UNOFFICIAL COPY 22 RS BR 822
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other emergency services shall be reimbursed in a reasonable amount by the 1
board for water used. 2
(9) The secretary of the board shall keep a minute book, appropriately bound and 3
marked, in which the minutes of each meeting of the board shall be kept, together 4
with all resolutions, tax levies, and other important material the board may 5
designate. A copy of all material required to be kept by the secretary shall be kept 6
on file in the office of the clerk of the county containing the district. The public 7
shall have the right to inspect the book and its contents at all times. 8
(10) (a) The board may, in its discretion, employ or retain a regularly licensed attorney 9
to advise them on all matters pertaining to their duties and shall have the 10
discretion to delegate this authority to the attorney. This attorney shall attend 11
all meetings of the board, except executive sessions when the board does not 12
desire his or her presence, whenever the board shall request him or her to 13
attend and shall advise the board on all legal matters on which he or she is 14
requested to give advice. 15
(b) In addition to the attorney provided for in this subsection, the county attorney 16
in the county in which the district lies shall advise and represent the board in 17
all matters and on the occasions chosen by the board whenever the board so 18
requests. 19
(c) The board may fix the salary or compensation of the attorney provided for in 20
subsection (1) of this section, in their discretion. 21
(11) With respect to audits and financial reports, the board of the district shall follow the 22
procedures of KRS 65.065. 23
Section 47. KRS 95A.020 is amended to read as follows: 24
(1) As used in this section, "chief fire officer" means an individual who plays an 25
essential role in the administrative structure of his or her fire department. 26
(2) There is hereby created the Kentucky Fire Commission, hereinafter called 27 UNOFFICIAL COPY 22 RS BR 822
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"commission," which shall be attached to the Kentucky Community and Technical 1
College System for administrative purposes only. 2
(3) (a) The commission shall include male, female, and racial minority 3
representation. 4
(b) No more than three (3) appointed members shall reside in the same 5
congressional district. 6
(4) The commission shall be composed of fourteen (14) members, residents of the State 7
of Kentucky, and appointed by the Governor. These members should be persons 8
well qualified by experience or education in the field of fire protection or related 9
fields. 10
(5) The membership of the commission shall include: 11
(a) One (1) member of a fire department formed under KRS Chapter 75 or 273 12
who is: 13
1. Not a chief fire officer; 14
2. Not a career employee of any department other than the one from which 15
he or she is nominated; and 16
3. Selected from a list of at least three (3) names submitted by the 17
Kentucky Firefighters Association; 18
(b) One (1) member of a volunteer fire department who is: 19
1. Not a chief fire officer; 20
2. Not a career employee of any fire department other than the one from 21
which he or she is nominated; and 22
3. Selected from a list of at least three (3) names submitted by the 23
Kentucky Firefighters Association; 24
(c) One (1) member of a fire department formed under KRS Chapter 95 selected 25
from a list of at list three (3) names submitted by the Kentucky Professional 26
Firefighters; 27 UNOFFICIAL COPY 22 RS BR 822
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(d) One (1) chief fire officer of a paid fire department selected from a list of at 1
least three (3) names submitted by the Kentucky Association of Fire Chiefs; 2
(e) One (1) licensed physician with experience in emergency medicine; 3
(f) A chief fire officer of a volunteer fire department who is not a career member 4
of any other department, selected from a list of at least three (3) names 5
submitted by the Kentucky Association of Fire Chiefs; 6
(g) One (1) member of a fire department formed under KRS Chapter 67 or 75, or 7
a fire department in a county containing an urban county government created 8
pursuant to KRS Chapter 67A, who is selected from a list of at least three (3) 9
names submitted by the Kentucky Professional Firefighters; 10
(h) The director of Homeland Security or his or her designee; 11
(i) One (1) mayor or other officer of a Kentucky city providing fire services 12
under KRS Chapter 95 selected from a list of at least three (3) names 13
submitted by the Kentucky League of Cities; 14
(j) One (1) county judge/executive or other officer of a Kentucky county selected 15
from a list of at least three (3) names submitted by the Kentucky Association 16
of Counties; 17
(k) One (1) representative of a Kentucky building, industry, or safety association; 18
(l) One (1) representative of the general public who is not an employee of any 19
government or governmental agency; 20
(m) The state fire marshal or his or her designee; and 21
(n) One (1) officer of a fire-based emergency medical service selected from a list 22
of at least three (3) names submitted by the Office of Inspector General, 23
Cabinet for Health and Family[executive director of the Kentucky Board of 24
Emergency Medical] Services. 25
(6) The vice president of administrative services of the Kentucky Community and 26
Technical College System, president of the Kentucky Firefighters Association, 27 UNOFFICIAL COPY 22 RS BR 822
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president of the Kentucky Professional Firefighters, and president of the Kentucky 1
Association of Fire Chiefs, or their designees, shall serve as nonvoting ex officio 2
members of the commission. 3
(7) The members of the commission who are firefighters shall possess a minimum of 4
five (5) years of fire service experience and shall be certified with the following: 5
(a) One hundred fifty (150) hours of training for volunteer firefighters; or 6
(b) Four hundred (400) hours of training for professional firefighters. 7
(8) The Kentucky Firefighters Association, Kentucky Professional Firefighters, 8
Kentucky Association of Fire Chiefs, Office of Inspector General in the Cabinet 9
for Health and Family Services[Kentucky Board of Emergency Medical Services 10
Association], Kentucky League of Cities, and Kentucky Association of Counties 11
shall submit their lists of nominees by November 15 of each year as vacancies 12
occur. 13
(9) The Governor shall appoint members of the commission to staggered terms not to 14
exceed four (4) years. However, initial appointments shall be appointed as follows: 15
(a) Four (4) members shall serve for two (2) year terms ending November 30, 16
2021; 17
(b) Five (5) members shall serve three (3) year terms ending November 30, 2022; 18
and 19
(c) Five (5) members shall serve four (4) year terms ending November 30, 2023. 20
(10) After the expiration of the initial appointments, appointive members shall be 21
appointed for a term of four (4) years. Any member chosen by the Governor to fill a 22
vacancy created otherwise than by expiration of term shall be appointed for the 23
unexpired term of the member he or she is chosen to succeed. 24
(11) When vacancies occur other than by expiration of term and nominations are 25
required, the Governor may request a new list or select an appointee from a 26
previously submitted list. Appointive members shall not serve more than two (2) 27 UNOFFICIAL COPY 22 RS BR 822
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consecutive four (4) year terms. 1
(12) A majority of the voting members appointed to the commission shall constitute a 2
quorum. The commission shall: 3
(a) Meet at least four (4) times per year upon call of the chair, or upon the written 4
request of any five (5) members; and 5
(b) Annually elect a chair, vice chair, and secretary in accordance with KRS 6
95A.030. 7
(13) A member of the commission who misses three (3) regular meetings, without the 8
approval of the chairman, in one (1) year shall be deemed to have resigned from the 9
commission and his or her position shall be deemed to be vacant. As used in this 10
subsection, a "year" begins when the first meeting is missed and ends three hundred 11
sixty-five (365) days later or when the third meeting is missed, whichever occurs 12
first. The Governor shall appoint a similarly qualified person to fill the vacancy 13
within ninety (90) days of the vacancy occurring. The failure of a commission 14
member to attend a special or emergency meeting shall not result in any penalty. A 15
person removed under this subsection shall not be reappointed to the commission 16
for at least ten (10) years after removal. 17
(14) Members of the commission shall receive no compensation for their services but 18
shall be allowed their actual and necessary expenses incurred in the performance of 19
their functions. 20
Section 48. KRS 142.301 is amended to read as follows: 21
As used in KRS 142.301 to 142.363: 22
(1) "Ground ambulance provider" means a Class I, II, or III ground ambulance provider 23
described in Section 6 of this Act[KRS 311A.030]; 24
(2) "Assessment" means the Medicaid ambulance service provider assessment 25
established in KRS 142.318; 26
(3) "Department" means the Department of Revenue; 27 UNOFFICIAL COPY 22 RS BR 822
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(4) "Charitable provider" means any provider which does not charge its patients for 1
health-care items or services, and which does not seek or accept Medicare, 2
Medicaid, or other financial support from the federal government or any state 3
government. The collaboration with public hospitals, agencies, or other providers in 4
the delivery of patient care; affiliation with public institutions to provide health-care 5
education; or the pursuit of research in cooperation with public institutions or 6
agencies shall not be considered as the receipt of government support by a 7
charitable provider; 8
(5) "Dispensing" means to deliver one (1) or more doses of a prescription drug in a 9
suitable container, appropriately labeled for subsequent administration or use by a 10
patient or other individual entitled to receive the prescription drug; 11
(6) "Entity" means any firm, partnership, joint venture, association, corporation, 12
company, joint stock association, trust, business trust, syndicate, cooperative, or 13
other group or combination acting as a unit; 14
(7) "Gross revenues" means the total amount received in money or otherwise by a 15
provider for the provision of health-care items or services in Kentucky, less the 16
following: 17
(a) Amounts received by any provider as an employee or independent contractor 18
from another provider for the provision of health-care items or services if: 19
1. The employing or contracting provider receives revenue attributable to 20
health-care items or services provided by the employee or independent 21
contractor receiving payment; and 22
2. The employing or contracting provider is subject to the tax imposed by 23
KRS 142.303, 142.307, 142.309, 142.311, 142.314, 142.315, 142.316, 24
142.361, or 142.363 on the receipt of that revenue; 25
(b) Amounts received as a grant or donation by any provider from federal, state, 26
or local government or from an organization recognized as exempt from 27 UNOFFICIAL COPY 22 RS BR 822
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federal income taxation under Section 501(c)(3) of the Internal Revenue Code 1
for: 2
1. Research; or 3
2. Administrative or operating costs associated with the implementation 4
and operation of an experimental program; 5
(c) Salaries or wages received by an individual provider as an employee of a 6
charitable provider, the federal government, or any state or local governmental 7
entity; 8
(d) Salaries or wages received by an individual provider as an employee of a 9
public university for the provision of services at a student health facility; and 10
(e) Amounts received by an HMO on a fixed, prepayment basis as premium 11
payments; 12
(8) "Health-care items or services" means: 13
(a) Inpatient hospital services; 14
(b) Outpatient hospital services; 15
(c) Nursing-facility services; 16
(d) Services of intermediate-care facilities for individuals with intellectual 17
disabilities; 18
(e) Physicians' services provided prior to July 1, 1999; 19
(f) Licensed home-health-care-agency services; 20
(g) Outpatient prescription drugs; 21
(h) HMO services; 22
(i) Regional community services for mental health and individuals with 23
intellectual disabilities; 24
(j) Psychiatric residential treatment facility services; 25
(k) Medicaid managed care organization services; and 26
(l) Supports for community living waiver program services; 27 UNOFFICIAL COPY 22 RS BR 822
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(9) "Health-maintenance organization" or "HMO" means an organization established 1
and operated pursuant to the provisions of Subtitle 38 of KRS Chapter 304; 2
(10) "Hospital" means an acute-care, rehabilitation, or psychiatric hospital licensed 3
under KRS Chapter 216B; 4
(11) "Hospital services" means all inpatient and outpatient services provided by a 5
hospital. "Hospital services" does not include services provided by a noncontracted, 6
university-operated hospital, or any freestanding psychiatric hospital, if necessary 7
waivers are obtained by the Cabinet for Human Resources, Cabinet for Health 8
Services, or Cabinet for Health and Family Services from the Health Care Financing 9
Administration or Centers for Medicare and Medicaid Services, or hospitals 10
operated by the federal government; 11
(12) "Health and family services secretary" means the secretary of the Cabinet for Health 12
and Family Services or that person's authorized representative; 13
(13) "Inpatient hospital services," "outpatient hospital services," "intermediate-care-14
facility services for individuals with intellectual disabilities," "physician services," 15
"licensed home-health-care-agency services," and "outpatient prescription drugs" 16
have the same meaning as set forth in regulations promulgated by the Secretary of 17
the Department of Health and Human Services and codified at 42 C.F.R. pt. 440, as 18
in effect on December 31, 1993; 19
(14) "Medicaid" means the state program of medical assistance as administered by the 20
Cabinet for Health and Family Services in compliance with 42 U.S.C. sec. 1396; 21
(15) "Nursing-facility services" means services provided by a licensed skilled-care 22
facility, nursing facility, nursing home, or intermediate-care facility, excluding 23
services provided by intermediate-care facilities for individuals with intellectual 24
disabilities and services provided through licensed personal care beds; 25
(16) "Person" means any individual, firm, partnership, joint venture, association, 26
corporation, company, joint stock association, estate, trust, business trust, receiver, 27 UNOFFICIAL COPY 22 RS BR 822
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trustee, syndicate, cooperative, assignee, governmental unit or agency, or any other 1
group or combination acting as a unit and the legal successor thereof; 2
(17) "Provider" means any person receiving gross revenues for the provision of health-3
care items or services in Kentucky, excluding any facility operated by the federal 4
government; 5
(18) "Commissioner" means the commissioner of the Department of Revenue or that 6
person's authorized representative; 7
(19) "Total bed capacity" means the combination of licensed nursing home beds, 8
licensed nursing facility beds, and licensed intermediate-care facility beds; 9
(20) "Regional community services programs for mental health and individuals with an 10
intellectual disability" means programs created under the provisions of KRS 11
210.370 to 210.480; 12
(21) "Psychiatric residential treatment facility" has the same meaning as provided in 13
KRS 216B.450; and 14
(22) "Supports for Community Living Waiver Program" has the same meaning as 15
provided in KRS 205.6317. 16
Section 49. KRS 189.910 is amended to read as follows: 17
(1) As used in KRS 189.920 to 189.950, "emergency vehicle" means any vehicle used 18
for emergency purposes by: 19
(a) The Department of Kentucky State Police; 20
(b) A public police department; 21
(c) The Department of Corrections; 22
(d) A sheriff's office; 23
(e) A rescue squad; 24
(f) An emergency management agency if it is a publicly owned vehicle; 25
(g) An ambulance service, mobile integrated healthcare program, or medical first 26
response provider licensed by the Office of Inspector General, Cabinet for 27 UNOFFICIAL COPY 22 RS BR 822
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Health and Family[Kentucky Board of Emergency Medical] Services, for any 1
vehicle used to respond to emergencies or to transport a patient with a critical 2
medical condition; 3
(h) Any vehicle commandeered by a police officer; 4
(i) Any vehicle with the emergency lights required under KRS 189.920 used by a 5
paid or volunteer fireman or paid or volunteer ambulance personnel, or a paid 6
or local emergency management director while responding to an emergency or 7
to a location where an emergency vehicle is on emergency call; 8
(j) An elected coroner granted permission to equip a publicly or privately owned 9
motor vehicle with lights and siren pursuant to KRS 189.920; 10
(k) A deputy coroner granted permission to equip a publicly or privately owned 11
motor vehicle with lights and siren pursuant to KRS 189.920; or 12
(l) A conservation officer of the Kentucky Department of Fish and Wildlife 13
Resources. 14
(2) As used in KRS 189.920 to 189.950, "public safety vehicle" means public utility 15
repair vehicle; wreckers; state, county, or municipal service vehicles and 16
equipment; highway equipment which performs work that requires stopping and 17
standing or moving at slow speeds within the traveled portions of highways; and 18
vehicles which are escorting wide-load or slow-moving trailers or trucks. 19
Section 50. KRS 205.5602 is amended to read as follows: 20
(1) For purposes of this section and KRS 205.5601 and 205.5603: 21
(a) "Ground ambulance provider" means a Class I, II, or III ground ambulance 22
provider described in Section 6 of this Act[KRS 311A.030]; 23
(b) "Assessment" means the Medicaid ambulance service provider assessment 24
imposed in KRS 142.318; 25
(c) ["Board" means the Kentucky Board of Emergency Medical Services; 26
(d) ]"Commissioner" means the commissioner of the Department for Medicaid 27 UNOFFICIAL COPY 22 RS BR 822
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Services;[ and] 1
(d)[(e)] "Department" means the Department for Medicaid Services; and 2
(e) "Office" means the Office of Inspector General, Cabinet for Health and 3
Family Services. 4
(2) The department shall: 5
(a) Promulgate administrative regulations to establish the standards and 6
procedures necessary to implement the provisions of this section and KRS 7
205.5601 and 205.5603; 8
(b) Calculate an assessment on emergency ground transport collections pursuant 9
to subsection (3) of this section; 10
(c) Administer assessment proceeds according to subsection (6) of this section; 11
(d) Apply uniformly to all assessed ground ambulance providers any annual 12
changes to the assessment rate according to the process described in 13
subsection (3) of this section; and 14
(e) Evaluate current ground ambulance provider reimbursement rates paid by 15
managed care organizations and require increases consistent with: 16
1. KRS 205.5601 and this section; 17
2. Current fee-for-service reimbursement rates; and 18
3. An adequate network of ambulance service providers. 19
(3) (a) The assessment due from a ground ambulance provider on emergency ground 20
transport collections shall be not less than one-half of one percent (0.5%) 21
lower than the maximum limit for a provider assessment as approved by the 22
Centers for Medicare and Medicaid Services. 23
(b) For illustrative purposes only, if the maximum limit for a provider assessment 24
as approved by the Centers for Medicare and Medicaid Services is six percent 25
(6%) of the emergency revenues collected by the ground ambulance provider, 26
the minimum taxable limit under this section would be five and one-half 27 UNOFFICIAL COPY 22 RS BR 822
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percent (5.5%) of the emergency revenues collected. 1
(4) The assessment shall not generate more than the maximum amount as approved by 2
the Centers for Medicare and Medicaid Services. 3
(5) (a) 1. Within ninety (90) days after July 15, 2020, the commissioner shall 4
determine whether a state plan amendment or an amendment to any 5
Kentucky federal Medicaid waiver is required to implement this section. 6
2. If the commissioner determines that a state plan amendment or an 7
amendment to a Kentucky federal waiver is necessary, the commissioner 8
is authorized to seek any necessary state plan or waiver amendment, and 9
the assessment shall not take effect until the state plan or waiver 10
amendment is approved. 11
(b) The assessment shall not be implemented until the first day of the calendar 12
quarter after the Department for Medicaid Services receives notice of federal 13
matching funds approval from the Centers for Medicare and Medicaid 14
Services and has notified the Department of Revenue of that approval. 15
(c) The commissioner shall implement this section to the extent that it is not 16
inconsistent with the state Medicaid plan or any Kentucky federal Medicaid 17
waivers. 18
(d) Payments to ground ambulance providers shall begin within ninety (90) days 19
of the later of the approval of federal matching funds, the state plan, or waiver 20
amendment. The first monthly assessment payment shall be due sixty (60) 21
days after the implementation of the enhanced fee schedule. 22
(6) The assessment shall be administered as follows: 23
(a) An annual amount of two hundred thousand dollars ($200,000) shall be 24
returned to the department to offset the Medicaid administration expenses; 25
(b) The remaining portion of the assessment shall: 26
1. Be utilized to increase the rates paid by a managed care organization for 27 UNOFFICIAL COPY 22 RS BR 822
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emergency ambulance services up to the amount paid by the fee-for-1
service Medicaid program for emergency ambulance services; or 2
2. Be paid as supplemental payments to ground ambulance providers in a 3
proportional amount according to the total Medicaid ambulance 4
transports; and 5
(c) If any funds are remaining after the department's duties have been completed 6
under paragraph (b) of this subsection, the remaining funds shall be utilized by 7
the department to increase non-emergency medical transport rates. 8
(7) Each ground ambulance provider shall report to the office[board], at the time and in 9
the manner required by the office[board], ground emergency revenue collected to 10
accomplish the purposes of this section and KRS 205.5603. 11
(8) (a) No more than one hundred eighty (180) days after the end of each calendar 12
year, the office[board] shall submit to the cabinet transport data for all ground 13
ambulance providers licensed in Kentucky. 14
(b) The data required by paragraph (a) of this subsection shall, at a minimum, 15
include the number of emergency ground transports completed during the 16
previous calendar year and the emergency revenue collected. 17
Section 51. KRS 211.332 is amended to read as follows: 18
As used in KRS 211.332 to 211.338, unless context otherwise requires: 19
(1) "Cabinet" means the Cabinet for Health and Family Services; 20
(2) "Health care service" means health care procedures, treatments, or services rendered 21
by a provider within the scope of practice for which the provider is licensed or 22
certified and includes physical and behavioral health care; 23
(3) "Professional licensure board" means a licensure board established in Kentucky for 24
the purpose of regulating and overseeing the practice of health care providers, 25
including but not limited to: 26
(a) Board of Physical Therapy as established in KRS 327.030; 27 UNOFFICIAL COPY 22 RS BR 822
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(b) Kentucky Applied Behavior Analysis Licensing Board as established in KRS 1
319C.030; 2
(c) Kentucky Board of Alcohol and Drug Counselors established by KRS 3
309.081; 4
(d) Kentucky State Board of Chiropractic Examiners established by KRS 5
312.025; 6
(e) Kentucky Board of Dentistry established by KRS 313.020; 7
(f) [Kentucky Board of Emergency Medical Services established by KRS 8
311A.015; 9
(g) ]Kentucky Board of Examiners of Psychology established by KRS 319.020; 10
(g)[(h)] Kentucky Board of Licensed Diabetes Educators established by KRS 11
309.329; 12
(h)[(i)] Kentucky Board of Licensed Professional Counselors established by 13
KRS 335.510; 14
(i)[(j)] Kentucky Board of Licensure and Certification for Dietitians and 15
Nutritionists established by KRS 310.040; 16
(j)[(k)] Kentucky Board of Licensure for Marriage and Family Therapists 17
established by KRS 335.310; 18
(k)[(l)] Kentucky Board of Licensure for Occupational Therapy established by 19
KRS 319A.020; 20
(l)[(m)] Kentucky Board of Licensure for Professional Art Therapists established 21
by KRS 309.131; 22
(m)[(n)] State Board of Medical Licensure established by KRS 311.530; 23
(n)[(o)] Kentucky Board of Nursing established by KRS 314.121; 24
(o)[(p)] Kentucky Board of Optometric Examiners established by KRS 320.230; 25
(p)[(q)] Kentucky Board of Pharmacy established by KRS 315.150; 26
(q)[(r)] Kentucky Board of Social Work established by KRS 335.050; 27 UNOFFICIAL COPY 22 RS BR 822
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(r)[(s)] Kentucky Board of Respiratory Care established by KRS 314A.200; and 1
(s)[(t)] Kentucky Board of Speech-Language Pathology and Audiology 2
established by KRS 334A.070; 3
(4) "State agency authorized or required to promulgate administrative regulations 4
relating to telehealth" means: 5
(a) A professional licensure board; 6
(b) The Cabinet for Health and Family Services; 7
(c) The Department for Medicaid Services within the Cabinet for Health and 8
Family Services; and 9
(d) The Department of Insurance within the Public Protection Cabinet; and 10
(5) "Telehealth" or "digital health": 11
(a) Means a mode of delivering healthcare services through the use of 12
telecommunication technologies, including but not limited to synchronous and 13
asynchronous technology, remote patient monitoring technology, and audio-14
only encounters, by a health care provider to a patient or to another health care 15
provider at a different location; 16
(b) Shall not include: 17
1. The delivery of health care services through electronic mail, text, chat, 18
or facsimile unless a state agency authorized or required to promulgate 19
administrative regulations relating to telehealth determines that health 20
care services can be delivered via these modalities in ways that enhance 21
recipient health and well-being and meet all clinical and technology 22
guidelines for recipient safety and appropriate delivery of services; or 23
2. Basic communication between a health care provider and a patient, 24
including but not limited to appointment scheduling, appointment 25
reminders, voicemails, or any other similar communication intended to 26
facilitate the actual provision of healthcare services either in-person or 27 UNOFFICIAL COPY 22 RS BR 822
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via telehealth; and 1
(c) Unless waived by the applicable federal authority, shall be delivered over a 2
secure communications connection that complies with the federal Health 3
Insurance Portability and Accountability Act of 1996, 42 U.S.C. secs. 1320d 4
to 1320d-9. 5
Section 52. KRS 211.492 is amended to read as follows: 6
For the purposes of KRS 211.490 to 211.496: 7
(1) "Trauma" has the same meaning as defined in Section 2 of this Act[KRS 8
311A.010]; 9
(2) "Trauma center" means a hospital that has institutional, surgical, and specialty care 10
and commitment to treating individuals with injuries and that has been verified by 11
the American College of Surgeons or by the Department for Public Health; and 12
(3) "Trauma center verification" means the process by which a trauma center is 13
evaluated and designated as a trauma center by the American College of Surgeons 14
or the Department for Public Health. 15
Section 53. KRS 216B.0425 is amended to read as follows: 16
(1) Except as otherwise provided, for purposes of this section: 17
(a) "Acute care hospital" means a licensed facility providing inpatient and 18
outpatient medical or surgical services to an individual that seeks care and 19
treatment, regardless of the individual's ability to pay for services, on an 20
immediate and emergent basis through an established emergency department 21
and a continuous treatment basis on its premises for more than twenty-four 22
(24) hours; and 23
(b) "Primary stroke center certification," "acute stroke ready hospital 24
certification," and "comprehensive stroke center certification" mean 25
certification for acute care hospitals issued by the Joint Commission, the 26
American Heart Association, or another cabinet-approved nationally 27 UNOFFICIAL COPY 22 RS BR 822
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recognized organization that provides disease-specific certification for stroke 1
care, that: 2
1. Complies with census-based national standards and safety goals; 3
2. Effectively uses evidence-based clinical practice guidelines to manage 4
and optimize care; and 5
3. Uses an organized approach to measure performance. 6
(2) The secretary of the Cabinet for Health and Family Services shall designate as a 7
primary stroke center any acute care hospital which has received an acute stroke 8
ready hospital certification, a comprehensive stroke center certification, or a 9
primary stroke center certification. 10
(3) The secretary shall suspend or revoke an acute care hospital's designation as an 11
acute stroke ready hospital, a comprehensive stroke center, or a primary stroke 12
center if certification is withdrawn by the Joint Commission, the American Heart 13
Association, or another cabinet-approved certifying organization. 14
(4) [(a) ]The cabinet shall maintain a list of certified acute stroke ready 15
hospitals, comprehensive stroke centers, and primary stroke centers and post 16
the list on its Web site.[ The cabinet shall provide the list and periodic updates 17
to the Kentucky Board of Emergency Medical Services. 18
(b) The Kentucky Board of Emergency Medical Services shall share the list with 19
each local emergency medical services provider at least annually, and as new 20
centers and hospitals are designated and certified.] 21
Section 54. KRS 216B.401 is amended to read as follows: 22
(1) The secretary of the Cabinet for Health and Family Services shall designate as a 23
SANE-ready hospital any acute care hospital which has certified, and recertifies 24
annually, that a sexual assault nurse examiner as defined in KRS 314.011 is 25
available on call twenty-four (24) hours each day for the examination of persons 26
seeking treatment as victims of sexual offenses as defined by KRS 510.040, 27 UNOFFICIAL COPY 22 RS BR 822
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510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 1
530.020, 530.064(1)(a), and 531.310. 2
(2) The secretary shall suspend or revoke an acute care hospital's designation as a 3
SANE-ready hospital if the hospital fails to recertify annually, or if it notifies the 4
secretary that it no longer meets the requirements of this section. 5
(3) [(a) ]The cabinet shall maintain a list of SANE-ready hospitals and post the list on 6
its Web site.[ The cabinet shall provide the list and periodic updates to the 7
Kentucky Board of Emergency Medical Services. 8
(b) The Kentucky Board of Emergency Medical Services shall share the list with 9
each local emergency medical services provider at least annually, and as new 10
centers and hospitals are designated and certified.] 11
Section 55. KRS 217.186 is amended to read as follows: 12
(1) A licensed health-care provider who, acting in good faith, directly or by standing 13
order, prescribes or dispenses the drug naloxone to a person or agency who, in the 14
judgment of the health-care provider, is capable of administering the drug for an 15
emergency opioid overdose, shall not, as a result of his or her acts or omissions, be 16
subject to disciplinary or other adverse action under KRS Chapter 216B, 311, 17
[311A, ]314, or 315 or any other professional licensing statute. As used in this 18
subsection, "licensed health-care provider" includes a pharmacist as defined in KRS 19
315.010 who holds a separate certification issued by the Kentucky Board of 20
Pharmacy authorizing the initiation of the dispensing of naloxone under subsection 21
(5) of this section. 22
(2) A prescription for naloxone may include authorization for administration of the 23
drug to the person for whom it is prescribed by a third party if the prescribing 24
instructions indicate the need for the third party upon administering the drug to 25
immediately notify a local public safety answering point of the situation 26
necessitating the administration. 27 UNOFFICIAL COPY 22 RS BR 822
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(3) A person or agency, including a peace officer, jailer, firefighter, paramedic, or 1
emergency medical technician or a school employee authorized to administer 2
medication under KRS 156.502, may: 3
(a) Receive a prescription for the drug naloxone; 4
(b) Possess naloxone pursuant to this subsection and any equipment needed for its 5
administration; and 6
(c) Administer naloxone to an individual suffering from an apparent opiate-7
related overdose. 8
(4) A person acting in good faith who administers naloxone received under this section 9
shall be immune from criminal and civil liability for the administration, unless 10
personal injury results from the gross negligence or willful or wanton misconduct of 11
the person administering the drug. 12
(5) (a) The Board of Pharmacy, in consultation with the Kentucky Board of Medical 13
Licensure, shall promulgate administrative regulations to establish 14
certification, educational, operational, and protocol requirements to 15
implement this section. 16
(b) Administrative regulations promulgated under this subsection shall: 17
1. Require that any dispensing under this section be done only in 18
accordance with a physician-approved protocol and specify the 19
minimum required components of any such protocol; 20
2. Include a required mandatory education requirement as to the 21
mechanism and circumstances for the administration of naloxone for the 22
person to whom the naloxone is dispensed; and 23
3. Require that a record of the dispensing be made available to a physician 24
signing a protocol under this subsection, if desired by the physician. 25
(c) Administrative regulations promulgated under this subsection may include: 26
1. A supplemental educational or training component for a pharmacist 27 UNOFFICIAL COPY 22 RS BR 822
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seeking certification under this subsection; and 1
2. A limitation on the forms of naloxone and means of its administration 2
that may be dispensed pursuant to this subsection. 3
(6) (a) The board of each local public school district and the governing body of each 4
private and parochial school or school district may permit a school to keep 5
naloxone on the premises and regulate the administration of naloxone to any 6
individual suffering from an apparent opiate-related overdose. 7
(b) In collaboration with local health departments, local health providers, and 8
local schools and school districts, the Kentucky Department for Public Health 9
shall develop clinical protocols to address supplies of naloxone kept by 10
schools under this section and to advise on the clinical administration of 11
naloxone. 12
(7) Notwithstanding any provision of law to the contrary, a pharmacist may utilize the 13
protocol established by this section to dispense naloxone to any person or agency 14
who provides training on the mechanism and circumstances for the administration 15
of naloxone to the public as part of a harm reduction program, regardless of whom 16
the ultimate user of the naloxone may be. The documentation of the dispensing of 17
naloxone to any person or agency operating a harm reduction program shall satisfy 18
any general documentation or recording requirements found in administrative 19
regulations regarding legend drugs promulgated pursuant to this chapter. 20
Section 56. KRS 211.494 is amended to read as follows: 21
(1) A comprehensive statewide trauma care program shall be established within the 22
Department for Public Health. The statewide trauma care program shall consist of, 23
at a minimum, a statewide trauma care director and a state trauma registrar funded 24
through available federal funds or, to the extent that funds are available, by the 25
trauma care system fund established in KRS 211.496. The department may contract 26
with outside entities to perform these functions. 27 UNOFFICIAL COPY 22 RS BR 822
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(2) The statewide trauma care system shall address, at a minimum, the following goals: 1
(a) To reduce or prevent death and disability from trauma without regard to the 2
patient's insurance coverage or ability to pay for services; 3
(b) To provide optimal care for trauma victims by utilization of best practices 4
protocols and guidelines; 5
(c) To minimize the economic impact of lost wages and productivity for trauma 6
patients; and 7
(d) To contain costs of trauma care. 8
(3) (a) The Department for Public Health shall establish an advisory committee to 9
assist in the development, implementation, and continuation of its duties. 10
(b) The advisory committee shall consist of eighteen (18) members to be 11
appointed by the secretary of the Cabinet for Health and Family Services and 12
shall be composed of representatives from the following agencies and 13
organizations: 14
1. The Department for Public Health; 15
2. The Kentucky Board of Medical Licensure; 16
3. The Kentucky Board of Nursing; 17
4. The Office of Inspector General, Cabinet for Health and 18
Family[Kentucky Board of Emergency Medical] Services; 19
5. The Kentucky Medical Association; 20
6. The Kentucky Hospital Association; 21
7. The Kentucky Committee on Trauma of the American College of 22
Surgeons; 23
8. One (1) representative from each verified Level I trauma center; 24
9. One (1) hospital representative from a Level II verified trauma center, 25
one (1) hospital representative from a Level III verified trauma center, 26
and one (1) hospital representative from a Level IV verified trauma 27 UNOFFICIAL COPY 22 RS BR 822
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center. The Kentucky Hospital Association shall submit 1
recommendations to the secretary for each of the three (3) members 2
appointed under this subdivision; 3
10. The Kentucky Chapter of the American College of Emergency 4
Physicians; 5
11. The Kentucky Chapter of the Emergency Nurses Association; 6
12. The Kentucky Transportation Cabinet; 7
13. Two (2) members at large, one (1) of whom shall be a health care 8
consumer; 9
14. One (1) representative with extensive experience in injury prevention 10
programs; and 11
15. One (1) representative with pediatric trauma experience. 12
(c) Members of the advisory committee shall serve for a period of four (4) years 13
and shall serve until a successor is appointed, except that initial terms shall be 14
staggered and one-third (1/3) of the members shall be appointed to four (4) 15
year terms, one-third (1/3) of the members shall be appointed to three (3) year 16
terms, and one-third (1/3) of the members shall be appointed for two (2) year 17
terms. 18
(d) The advisory committee shall meet at least on a quarterly basis. The 19
committee shall elect a chair, a vice chair, and a secretary from among its 20
members and adopt rules of governance at the first meeting in each fiscal year. 21
The first meeting of the advisory committee shall occur before September 30, 22
2008. 23
(e) Appointed members shall serve without compensation but may receive 24
reimbursement for actual and necessary expenses relating to the duties of the 25
advisory committee in accordance with state regulations relating to travel 26
reimbursement. 27 UNOFFICIAL COPY 22 RS BR 822
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(f) Expenses associated with the advisory committee shall be paid by the trauma 1
care system fund established in KRS 211.496, to the extent funds are 2
available. 3
(4) The statewide trauma care director and the advisory committee shall develop and 4
implement a statewide trauma care system, integrated with the public health system 5
for injury prevention, that recognizes levels of care for the appropriate delivery of a 6
full range of medical services to all trauma patients in the Commonwealth. The 7
statewide trauma care system shall include but is not limited to: 8
(a) Development and implementation of trauma prevention and education 9
initiatives; 10
(b) Facilitation of appropriate education and continuing education about trauma 11
care and procedures for physicians, nurses, and emergency medical services 12
personnel; 13
(c) Development and statewide distribution of guidelines and protocols for the 14
care and treatment of trauma victims that include the needs of special 15
populations and are fully integrated with all available resources, including but 16
not limited to emergency medical services, physicians, nurses, and hospitals; 17
(d) Voluntary hospital trauma center verification through the American College of 18
Surgeons or the Department for Public Health; 19
(e) Local and regional triage and transport protocols for use by[ the Kentucky 20
Board of Emergency Medical Services,] emergency medical services 21
providers[,] and emergency rooms; and 22
(f) Continuing quality assurance and peer review programs. 23
(5) The Department for Public Health or the statewide trauma care director and the 24
advisory committee established in this section shall coordinate activities related to 25
the care of trauma patients with other state agencies and boards that are directly or 26
indirectly involved with care of injured persons. Upon request of the Department for 27 UNOFFICIAL COPY 22 RS BR 822
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Public Health or the statewide trauma care director, other state agencies and boards 1
shall assist and facilitate the development and implementation of a statewide trauma 2
care system. 3
(6) Data obtained through a trauma registry or other data collected pursuant to KRS 4
211.490 to 211.496 shall be confidential and for use solely by the Department for 5
Public Health, the statewide trauma care director, the advisory committee, and 6
persons or public or private entities that participate in data collection for the trauma 7
registry. Personal identifying information that is collected for use in the trauma 8
registry shall not be subject to discovery or introduction into evidence in any civil 9
action. 10
(7) The statewide trauma care director shall report information on the status of the 11
development and implementation of the statewide trauma system upon request. 12
(8) The Department for Public Health may promulgate administrative regulations in 13
accordance with KRS Chapter 13A to implement this section. 14
Section 57. KRS 281.010 is amended to read as follows: 15
As used in this chapter: 16
(1) "Automobile club" means a person that, for consideration, promises to assist its 17
members or subscribers in matters relating to the assumption of or reimbursement 18
of the expense or a portion thereof for towing of a motor vehicle; emergency road 19
service; matters relating to the operation, use, and maintenance of a motor vehicle; 20
and the supplying of services which includes, augments, or is incidental to theft or 21
reward services, discount services, arrest bond services, lock and key services, trip 22
interruption services, and legal fee reimbursement services in defense of traffic-23
related offenses; 24
(2) "Automobile utility trailer" means any trailer or semitrailer designed for use with 25
and towed behind a passenger motor vehicle; 26
(3) "Automobile utility trailer certificate" means a certificate authorizing a person to 27 UNOFFICIAL COPY 22 RS BR 822
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engage in the business of automobile utility trailer lessor; 1
(4) "Automobile utility trailer lessor" means any person operating under an automobile 2
utility trailer certificate who is engaged in the business of leasing or renting 3
automobile utility trailers, but shall not include the agents of such persons; 4
(5) "Broker" means a person selected by the cabinet through a request for proposal 5
process to coordinate human service transportation delivery within a specific 6
delivery area. A broker may also provide transportation services within the specific 7
delivery area for which the broker is under contract with the cabinet; 8
(6) "Bus" means a motor vehicle operating under a bus certificate transporting 9
passengers for hire between points over regular routes; 10
(7) "Bus certificate" means a certificate granting authority for the operation of one (1) 11
or more buses; 12
(8) "Cabinet" means the Kentucky Transportation Cabinet; 13
(9) "Certificate" means a certificate of compliance issued under this chapter to motor 14
carriers; 15
(10) "Charter bus" means a motor vehicle operating under a charter bus certificate 16
providing for-hire intrastate transportation of a group of persons who, pursuant to a 17
common purpose under a single contract at a fixed charge for the motor vehicle, 18
have acquired the exclusive use of the motor vehicle to travel together under an 19
itinerary either specified in advance or modified after having left the place of origin; 20
(11) "Charter bus certificate" means a certificate granting authority for the operation of 21
one (1) or more charter buses; 22
(12) "Commissioner" means the commissioner of the Department of Vehicle Regulation; 23
(13) "CTAC" means the Coordinated Transportation Advisory Committee created in 24
KRS 281.870; 25
(14) "Department" means the Department of Vehicle Regulation; 26
(15) "Delivery area" means one (1) or more regions established by the cabinet in 27 UNOFFICIAL COPY 22 RS BR 822
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administrative regulations promulgated under KRS Chapter 13A for the purpose of 1
providing human service transportation delivery in that region; 2
(16) "Disabled persons vehicle carrier" means a motor carrier for hire, transporting 3
passengers including the general public who require transportation in disabled 4
persons vehicles; 5
(17) "Disabled persons vehicle" means a motor vehicle operating under a disabled 6
persons vehicle certificate especially equipped for the transportation of passengers 7
with disabilities in accordance with 49 C.F.R. pt. 38, and is designed or constructed 8
with not more than fifteen (15) regular seats. It shall not mean an ambulance as 9
defined in Section 2 of this Act[KRS 311A.010]. It shall not mean a motor vehicle 10
equipped with a stretcher; 11
(18) "Disabled persons vehicle certificate" means a certificate granting authority for the 12
operation of one (1) or more disabled persons vehicles transporting passengers for 13
hire; 14
(19) "Driveaway" means the transporting and delivering of motor vehicles, except 15
semitrailers and trailers, whether destined to be used in either a private or for-hire 16
capacity, under their own power or by means of a full mount method, saddle mount 17
method, the tow bar method, or any combination of them over the highways of this 18
state from any point of origin to any point of destination for hire. "Driveaway" does 19
not include the transportation of such vehicles by the full mount method on trailers 20
or semitrailers; 21
(20) "Driveaway certificate" means a certificate granting authority for the operation of 22
one (1) or more motor carrier vehicles operating as a driveaway; 23
(21) "Driver" means the person physically operating the motor vehicle; 24
(22) "Flatbed/rollback service" means a form of towing service which involves moving 25
vehicles by loading them onto a flatbed platform; 26
(23) "Highway" means all public roads, highways, streets, and ways in this state, whether 27 UNOFFICIAL COPY 22 RS BR 822
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within a municipality or outside of a municipality; 1
(24) "Household goods" has the same meaning as in 49 C.F.R. sec. 375.103; 2
(25) "Household goods carrier" has the same meaning as "household goods motor 3
carrier" in 49 C.F.R. sec. 375.103; 4
(26) "Household goods certificate" means a certificate granting authority for the 5
operation of one (1) or more household goods vehicles; 6
(27) "Human service transportation delivery" means the provision of transportation 7
services to any person that is an eligible recipient in one (1) of the following state 8
programs: 9
(a) Nonemergency medical transportation under KRS Chapter 205; 10
(b) Mental health, intellectual disabilities, or comprehensive care under KRS 11
Chapter 202A, 202B, 210, or 645; 12
(c) Work programs for public assistance recipients under KRS Chapter 205; 13
(d) Adult services under KRS Chapter 205, 209, 216, or 273; 14
(e) Vocational rehabilitation under KRS Chapter 151B or 157; or 15
(f) Blind industries or rehabilitation under KRS Chapter 151B or 163; 16
(28) "Interstate commerce" has the same meaning as in 49 C.F.R. sec. 390.5; 17
(29) "Intrastate commerce" has the same meaning as in 49 C.F.R. sec. 390.5; 18
(30) "Limousine" means a motor vehicle operating under a limousine certificate that is 19
designed or constructed with not more than fifteen (15) regular seats; 20
(31) "Limousine certificate" means a certificate granting authority for the operation of 21
one (1) or more limousines transporting passengers for hire; 22
(32) "Mobile application" means an application or a computer program designed to run 23
on a smartphone, tablet computer, or other mobile device that is used by a TNC to 24
connect drivers with potential passengers; 25
(33) "Motor carrier" means any person in either a private or for-hire capacity who owns, 26
controls, operates, manages, or leases, except persons leasing to authorized motor 27 UNOFFICIAL COPY 22 RS BR 822
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carriers, any motor vehicle for the transportation of passengers or property upon any 1
highway, and any person who engages in the business of automobile utility trailer 2
lessor, vehicle towing, driveaway, or U-Drive-It; 3
(34) "Motor carrier vehicle" means a motor vehicle used by a motor carrier to transport 4
passengers or property; 5
(35) "Motor carrier vehicle license" means a license issued by the department for a motor 6
carrier vehicle authorized to operate under a certificate; 7
(36) "Motor carrier license plate" means a license plate issued by the department to a 8
motor carrier authorized to operate under a certificate other than a household goods, 9
property, TNC, or U-Drive-It certificate; 10
(37) "Motor vehicle" means any motor-propelled vehicle used for the transportation of 11
passengers or property on a public highway, including any such vehicle operated as 12
a unit in combination with other vehicles; 13
(38) "Passenger" means an individual or group of people; 14
(39) "Permit" means a temporary permit of compliance issued under this chapter for a 15
specified period not to exceed ten (10) days, and for a specific vehicle, to any motor 16
carrier, including one who is a nonresident of the Commonwealth, who operates a 17
motor vehicle and is not entitled to an exemption from the payment of fees imposed 18
under KRS 186.050 because of the terms of a reciprocal agreement between the 19
Commonwealth and the state in which the vehicle is licensed; 20
(40) "Person" means any individual, firm, partnership, corporation, company, 21
association, or joint stock association, and includes any trustee, assignee, or 22
personal representative thereof; 23
(41) "Platoon" means a group of two (2) individual commercial motor vehicles traveling 24
in a unified manner at electronically coordinated speeds at following distances that 25
are closer than would ordinarily be allowed under KRS 189.340(8)(b); 26
(42) "Prearranged ride" means the period of time that begins when a transportation 27 UNOFFICIAL COPY 22 RS BR 822
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network company driver accepts a requested ride through a digital network or 1
mobile application, continues while the driver transports the rider in a personal 2
vehicle, and ends when the transportation network company services end; 3
(43) "Pre-trip acceptance liability policy" means the transportation network company 4
liability insurance coverage for incidents involving the driver for a period of time 5
when a driver is logged into a transportation network company's digital network or 6
mobile application but is not engaged in a prearranged ride; 7
(44) "Property" means general or specific commodities, including hazardous and 8
nonhazardous materials; 9
(45) "Property certificate" means a certificate granting authority for the transportation of 10
property, other than household goods, not exempt under KRS 281.605; 11
(46) "Recovery": 12
(a) Means a form of towing service which involves moving vehicles by the use of 13
a wheel-lift device, such as a lift, crane, hoist, winch, cradle, jack, automobile 14
ambulance, tow dolly, or any other similar device as requested by a state or 15
local law enforcement agency; and 16
(b) Includes: 17
1. Relocating a vehicle or cargo from a place where towing is not possible 18
to a place where towing is possible; and 19
2. The cleanup of debris or cargo, and returning an area to pre-event 20
condition; 21
(47) "Regular route" means the scheduled transportation of passengers between 22
designated points over designated routes under time schedules that provide a 23
regularity of services; 24
(48) "Regular seat" means a seat ordinarily and customarily used by one (1) passenger 25
and, in determining such seating capacity, the manufacturer's rating may be 26
considered; 27 UNOFFICIAL COPY 22 RS BR 822
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(49) "Storage facility" means any lot, facility, or other property used to store motor 1
vehicles that have been removed from another location by a tow truck; 2
(50) "Street hail" means a request for service made by a potential passenger using hand 3
gestures or verbal statement; 4
(51) "Subcontractor" means a person who has signed a contract with a broker to provide 5
human service transportation delivery within a specific delivery area and who meets 6
human service transportation delivery requirements, including proper operating 7
authority; 8
(52) "Tariff" means the listing of compensation received by a motor carrier for 9
household goods that includes the manner in which and the amount of fares an 10
authorized motor carrier may charge; 11
(53) "Taxicab" means a motor vehicle operating under a taxicab certificate that is 12
designed or constructed with not more than eight (8) regular seats and may be 13
equipped with a taximeter; 14
(54) "Taxicab certificate" means a certificate granting authority for the operation of one 15
(1) or more taxicabs transporting passengers for hire; 16
(55) "Taximeter" means an instrument or device approved by the department that 17
automatically calculates and plainly indicates the charge to a passenger for hire who 18
is being charged on the basis of mileage; 19
(56) "Tow truck" means a motor vehicle equipped to provide any form of towing service, 20
including recovery service or flatbed/rollback service; 21
(57) "Tow truck operator" means an individual who operates a tow truck as an employee 22
or agent of a towing company; 23
(58) "Towing" means: 24
(a) Emergency towing, which is the towing of a motor vehicle, with or without 25
the owner's consent, because of: 26
1. A motor vehicle accident on a public highway; 27 UNOFFICIAL COPY 22 RS BR 822
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2. An incident related to an emergency; or 1
3. An incident that necessitates the removal of the motor vehicle from a 2
location for public safety reasons; 3
(b) Private property towing, which is the towing of a motor vehicle, without the 4
owner's consent, from private property: 5
1. On which the motor vehicle was illegally parked; or 6
2. Because of an exigent circumstance necessitating its removal to another 7
location; and 8
(c) Seizure towing, which is the towing of a motor vehicle for law enforcement 9
purposes involving the: 10
1. Maintenance of the chain of custody of evidence; 11
2. Forfeiture of assets; or 12
3. Delinquency of highway fuel tax, weight distance tax, or any other taxes 13
and fees administered by the Transportation Cabinet; 14
(59) "Towing company": 15
(a) Means a service or business operating as a motor carrier that: 16
1. Tows or otherwise moves motor vehicles by means of a tow truck; or 17
2. Owns or operates a storage lot; 18
(b) Includes a tow truck operator acting on behalf of a towing company when 19
appropriate in the context; and 20
(c) Does not include an automobile club, car dealership, insurance company, 21
repossession company, lienholders and entities hired by lienholders for the 22
purpose of repossession, local government, or any other entity that contracts 23
with a towing company; 24
(60) "Transportation network company" or "TNC" means a person or entity that connects 25
passengers through its digital network or mobile application to its drivers for the 26
provision of transportation network company services; 27 UNOFFICIAL COPY 22 RS BR 822
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(61) "Transportation network company certificate" or "TNC certificate" means a 1
certificate granting the authority for the operation of one (1) or more transportation 2
network company vehicles transporting passengers for hire; 3
(62) "Transportation network company driver" or "TNC driver" means an individual 4
who operates a motor vehicle that is owned or leased by the individual, or a motor 5
vehicle for which the driver is an insured driver and has the permission of the owner 6
or lessee of the motor vehicle, and used to provide transportation network company 7
services; 8
(63) "Transportation network company service" or "TNC service" means a prearranged 9
passenger transportation service offered or provided through the use of a 10
transportation network company mobile application or digital network to connect 11
potential passengers with transportation network company drivers; 12
(64) "Transportation network company vehicle" or "TNC vehicle" means a privately 13
owned or leased motor vehicle, designed or constructed with not more than eight (8) 14
regular seats, operating under a transportation network company certificate; 15
(65) "U-Drive-It" means any person operating under a U-Drive-It certificate who leases 16
or rents a motor vehicle for consideration to be used for the transportation of 17
persons or property, but for which no driver is furnished, and the use of which 18
motor vehicle is not for the transportation of persons or property for hire by the 19
lessee or rentee; and 20
(66) "U-Drive-It certificate" means a certificate granting authority for the operation of 21
one (1) or more U-Drive-Its. 22
Section 58. KRS 281.605 is amended to read as follows: 23
The provisions of this chapter shall not apply, except as to safety regulations, to: 24
(1) Motor vehicles used as school buses and while engaged in the transportation of 25
students, under the supervision and control and at the direction of school 26
authorities; 27 UNOFFICIAL COPY 22 RS BR 822
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(2) Except as provided in paragraph (e) of this subsection, motor vehicles, regardless of 1
ownership, used exclusively: 2
(a) For the transportation of agricultural and dairy products, including fruit, 3
livestock, meats, fertilizer, wood, lumber, cotton, products of grove or 4
orchard, poultry, and eggs, while owned by the producer of the products, 5
including landlord where the relation of landlord and tenant or landlord and 6
cropper is involved, from the farm to a market, warehouse, dairy, or mill, or 7
from one (1) market, warehouse, dairy, or mill to another market, warehouse, 8
dairy, or mill. As used in this paragraph and in paragraph (b) of this 9
subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas, 10
llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, 11
equine, or camelid species; 12
(b) For the transportation of agricultural and dairy products, livestock, farm 13
machinery, feed, fertilizer, and other materials and supplies essential to farm 14
operation, from market or shipping terminal to farm; 15
(c) For both the purposes described in paragraphs (a) and (b) of this subsection; 16
(d) For the transportation of agricultural and dairy products from farm to regularly 17
organized fairs and exhibits and return; or 18
(e) Motor vehicles used for the transportation of fly ash, in bags, sacks, or other 19
containers, the aggregate weight of which does not exceed ten thousand 20
(10,000) pounds; or bottom ash, waste ash, sludge, and pozatec which is being 21
removed from the premises of a power generator facility for the purpose of 22
disposal; 23
(3) Motor vehicles used exclusively as church buses and while operated in the 24
transportation of persons to and from a church or place of worship or for other 25
religious work under the supervision and control and at the direction of church 26
authorities; 27 UNOFFICIAL COPY 22 RS BR 822
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(4) Motor vehicles used exclusively for the transportation of property belonging to a 1
nonprofit cooperative association or its members where the vehicle is owned or 2
leased exclusively by the association; 3
(5) Motor vehicles owned in whole or in part by any person and used by such person to 4
transport commodities of which such person is the bona fide owner, lessee, 5
consignee, or bailee; provided, however, that such transportation is for the purpose 6
of sale, lease, rent, or bailment, and is an incidental adjunct to an established private 7
business owned and operated by such person within the scope and in furtherance of 8
any primary commercial enterprise of such person other than the business of 9
transportation of property for hire; 10
(6) Motor vehicles used in pick-up or delivery service within a city or within a city and 11
its commercial area for a carrier by rail; 12
(7) Motor vehicles used exclusively for the transportation of coal from the point at 13
which such coal is mined to a railhead or tipple where the railhead or tipple is 14
located at a point not more than fifty (50) air miles from the point at which the coal 15
is mined; 16
(8) Motor vehicles used as ambulances in transporting wounded, injured, or sick 17
animals or as ambulances as defined in Section 2 of this Act[KRS 311A.010]; 18
(9) Motor vehicles used by transit authorities as created and defined in KRS Chapter 19
96A except as required by KRS 96A.170. Vehicles operated under the authority and 20
direct responsibility of such transit authorities, through contractual agreement, shall 21
be included within this exemption, without regard to the legal ownership of the 22
vehicles, but only for such times as they are operated under the authority and 23
responsibility of the transit authority; 24
(10) Motor vehicles having a seating capacity of fifteen (15) or fewer passengers and 25
while transporting persons between their places of residence, on the one hand, and, 26
on the other, their places of employment, provided the driver himself is on his way 27 UNOFFICIAL COPY 22 RS BR 822
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to or from his place of employment, and further provided that any person who 1
operates or controls the operation of vehicles hereunder of which said person is the 2
owner or lessee, and any spouse of said person and any partnership or corporation 3
with said person or his spouse having an interest therein doing such, shall be 4
eligible to so operate an aggregate number of not more than one (1) vehicle on other 5
than a nonprofit basis; 6
(11) Motor vehicles used to transport cash letters, data processing material, instruments, 7
or documents, regardless of the ownership of any of said cash letters, data 8
processing material, instruments, or documents; 9
(12) Motor vehicles operated by integrated intermodal small package carriers who 10
provide intermodal-air-and-ground-transportation. For the purposes of this section, 11
"integrated intermodal small package carrier" shall mean an air carrier holding a 12
certificate or qualifying as an indirect air carrier that undertakes, by itself or through 13
a company affiliated through common ownership, to provide intermodal-air-and-14
ground-transportation, and "intermodal-air-and-ground-transportation" shall mean 15
transportation involving the carriage of articles weighing not more than one hundred 16
fifty (150) pounds by aircraft or other forms of transportation, including by motor 17
vehicle, wholly within the Commonwealth of Kentucky. The incidental or 18
occasional use of aircraft in transporting packages or articles shall not constitute an 19
integrated intermodal operation within the meaning of this section; 20
(13) Motor vehicles operated pursuant to a grant of funds in furtherance of and governed 21
by 49 U.S.C. secs. 5310 or 5311, including all amendments, and whose operators 22
have jurisdictions and services approved annually by the Transportation Cabinet in 23
accordance with 49 C.F.R. Title VI; 24
(14) Motor vehicles used to transport children to educational events or conservation 25
camps run by, or sponsored by, the Department of Fish and Wildlife; 26
(15) Motor vehicles used to transport children to events or camps run by, or sponsored 27 UNOFFICIAL COPY 22 RS BR 822
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by, the Kentucky Sheriffs Association; or 1
(16) (a) Motor vehicles used in the transportation of persons who are sixty (60) years 2
of age or older or who are visually impaired, if the motor vehicles are owned 3
by a nonprofit organization or being used on behalf of a nonprofit 4
organization that is exempt from federal income tax under Section 501(c)(3) 5
of the Internal Revenue Code. 6
(b) Motor vehicles owned and operated by a nonprofit organization that are 7
exempt under this subsection shall be subject to liability insurance coverage as 8
established by KRS 281.655. 9
(c) Motor vehicles owned privately but operated on behalf of a nonprofit 10
organization that are exempt under this subsection shall be subject to liability 11
insurance coverage as established by KRS 304.39-110. 12
Section 59. KRS 304.39-215 is amended to read as follows: 13
(1) As used in this section and in KRS 304.99-060: 14
(a) "Compensation arrangement" has the same meaning as in 42 U.S.C. sec. 15
1395nn, as amended; and 16
(b) "Health care provider" or "provider" means: 17
1. An individual who is licensed under KRS 309.353 or KRS Chapter 18
216B, [Chapter ]311, [311A, ]311B, 312, 313, 314, 314A, 315, 319, 19
319A, 319B, 320, or 327 and who is not enrolled in the Kentucky 20
Medicaid program; or 21
2. A medical laboratory, as defined in KRS 333.020, that is not enrolled in 22
the Kentucky Medicaid program. 23
(2) Except as otherwise provided in subsection (3) of this section: 24
(a) If a health care provider, directly or indirectly, has either of the following 25
financial relationships with a person or entity, the provider shall not make a 26
referral to the person or entity for the furnishing of health care services for 27 UNOFFICIAL COPY 22 RS BR 822
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which payment may be made from basic or added reparation benefits provided 1
under this subtitle: 2
1. An ownership or investment interest in the person or entity, whether 3
through debt, equity, or other means; or 4
2. A compensation arrangement between the provider, directly or 5
indirectly, and the person or entity; and 6
(b) No person or entity shall present, cause to be presented, or collect payment on 7
a claim or bill for health care services referred to the person or entity that the 8
person or entity knows or should know is in violation of paragraph (a) of this 9
subsection. 10
(3) Any conduct or activity which is permitted by or protected under 42 U.S.C. sec. 11
1395nn(b) to (e), as amended, 42 U.S.C. sec. 1320a-7b(b)(3), as amended, or a 12
federal regulation adopted under those sections, as amended, shall not be deemed to 13
violate this section, and the conduct or activity shall be accorded the same 14
protections allowed under these federal laws and regulations. 15
(4) (a) No insurer shall be required to pay basic or added reparations benefits to a 16
person or entity for health care services referred to that person or entity in 17
violation of this section. 18
(b) If a person or entity collects any amount in basic or added reparations benefits 19
in violation of this section, the person or entity shall refund, on a timely basis, 20
the amount collected. 21
Section 60. KRS 311.550 is amended to read as follows: 22
As used in KRS 311.530 to 311.620 and 311.990(4) to (6): 23
(1) "Board" means the State Board of Medical Licensure; 24
(2) "President" means the president of the State Board of Medical Licensure; 25
(3) "Secretary" means the secretary of the State Board of Medical Licensure; 26
(4) "Executive director" means the executive director of the State Board of Medical 27 UNOFFICIAL COPY 22 RS BR 822
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Licensure or any assistant executive directors appointed by the board; 1
(5) "General counsel" means the general counsel of the State Board of Medical 2
Licensure or any assistant general counsel appointed by the board; 3
(6) "Regular license" means a license to practice medicine or osteopathy at any place in 4
this state; 5
(7) "Limited license" means a license to practice medicine or osteopathy in a specific 6
institution or locale to the extent indicated in the license; 7
(8) "Temporary permit" means a permit issued to a person who has applied for a regular 8
license, and who appears from verifiable information in the application to the 9
executive director to be qualified and eligible therefor; 10
(9) "Emergency permit" means a permit issued to a physician currently licensed in 11
another state, authorizing the physician to practice in this state for the duration of a 12
specific medical emergency, not to exceed thirty (30) days; 13
(10) Except as provided in subsection (11) of this section, the "practice of medicine or 14
osteopathy" means the diagnosis, treatment, or correction of any and all human 15
conditions, ailments, diseases, injuries, or infirmities by any and all means, 16
methods, devices, or instrumentalities; 17
(11) The "practice of medicine or osteopathy" does not include the practice of Christian 18
Science, the domestic administration of family remedies, the rendering of first aid 19
or medical assistance in an emergency in the absence of a person licensed to 20
practice medicine or osteopathy under the provisions of this chapter, the use of 21
automatic external defibrillators in accordance with the provisions of KRS 311.665 22
to 311.669, the practice of podiatry as defined in KRS 311.380, the practice of 23
dentistry as defined in KRS 313.010, the practice of optometry as defined in KRS 24
320.210, the practice of chiropractic as defined in subsection (2) of KRS 312.015, 25
the practice as a nurse as defined in KRS 314.011, the practice of physical therapy 26
as defined in KRS 327.010, the practice of genetic counseling as defined in KRS 27 UNOFFICIAL COPY 22 RS BR 822
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311.690, the performance of duties for which they have been trained by paramedics 1
licensed under KRS Chapter 216B[311A], emergency medical responders, 2
advanced emergency medical technicians, or emergency medical technicians 3
certified under Chapter 216B[311A], the practice of pharmacy by persons licensed 4
and registered under KRS 315.050, the sale of drugs, nostrums, patented or 5
proprietary medicines, trusses, supports, spectacles, eyeglasses, lenses, instruments, 6
apparatus, or mechanisms that are intended, advertised, or represented as being for 7
the treatment, correction, cure, or relief of any human ailment, disease, injury, 8
infirmity, or condition, in regular mercantile establishments, or the practice of 9
midwifery, or the provision of certified professional midwifery services by a 10
licensed certified professional midwife as defined in KRS 314.400; 11
(12) "Physician" means a doctor of medicine or a doctor of osteopathy; 12
(13) "Grievance" means any allegation in whatever form alleging misconduct by a 13
physician; 14
(14) "Charge" means a specific allegation alleging a violation of a specified provision of 15
this chapter; 16
(15) "Complaint" means a formal administrative pleading that sets forth charges against 17
a physician and commences a formal disciplinary proceeding; 18
(16) As used in KRS 311.595(4), "crimes involving moral turpitude" shall mean those 19
crimes which have dishonesty as a fundamental and necessary element, including 20
but not limited to crimes involving theft, embezzlement, false swearing, perjury, 21
fraud, or misrepresentation; 22
(17) "Telehealth" means the use of interactive audio, video, or other electronic media to 23
deliver health care. It includes the use of electronic media for diagnosis, 24
consultation, treatment, transfer of medical data, and medical education; 25
(18) "Order" means a direction of the board or its panels made or entered in writing that 26
determines some point or directs some step in the proceeding and is not included in 27 UNOFFICIAL COPY 22 RS BR 822
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the final order; 1
(19) "Agreed order" means a written document that includes but is not limited to 2
stipulations of fact or stipulated conclusions of law that finally resolves a grievance, 3
a complaint, or a show cause order issued informally without expectation of further 4
formal proceedings in accordance with KRS 311.591(6); 5
(20) "Final order" means an order issued by the hearing panel that imposes one (1) or 6
more disciplinary sanctions authorized by this chapter; 7
(21) "Letter of agreement" means a written document that informally resolves a 8
grievance, a complaint, or a show cause order and is confidential in accordance with 9
KRS 311.619; 10
(22) "Letter of concern" means an advisory letter to notify a physician that, although 11
there is insufficient evidence to support disciplinary action, the board believes the 12
physician should modify or eliminate certain practices and that the continuation of 13
those practices may result in action against the physician's license; 14
(23) "Motion to revoke probation" means a pleading filed by the board alleging that the 15
licensee has violated a term or condition of probation and that fixes a date and time 16
for a revocation hearing; 17
(24) "Revocation hearing" means a hearing conducted in accordance with KRS Chapter 18
13B to determine whether the licensee has violated a term or condition of probation; 19
(25) "Chronic or persistent alcoholic" means an individual who is suffering from a 20
medically diagnosable disease characterized by chronic, habitual, or periodic 21
consumption of alcoholic beverages resulting in the interference with the 22
individual's social or economic functions in the community or the loss of powers of 23
self-control regarding the use of alcoholic beverages; 24
(26) "Addicted to a controlled substance" means an individual who is suffering from a 25
medically diagnosable disease characterized by chronic, habitual, or periodic use of 26
any narcotic drug or controlled substance resulting in the interference with the 27 UNOFFICIAL COPY 22 RS BR 822
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individual's social or economic functions in the community or the loss of powers of 1
self-control regarding the use of any narcotic drug or controlled substance; 2
(27) "Provisional permit" means a temporary permit issued to a licensee engaged in the 3
active practice of medicine within this Commonwealth who has admitted to 4
violating any provision of KRS 311.595 that permits the licensee to continue the 5
practice of medicine until the board issues a final order on the registration or 6
reregistration of the licensee; 7
(28) "Fellowship training license" means a license to practice medicine or osteopathy in 8
a fellowship training program as specified by the license; and 9
(29) "Special faculty license" means a license to practice medicine that is limited to the 10
extent that this practice is incidental to a necessary part of the practitioner's 11
academic appointment at an accredited medical school program or osteopathic 12
school program and any affiliated institution for which the medical school or 13
osteopathic school has assumed direct responsibility. 14
Section 61. KRS 311.6225 is amended to read as follows: 15
(1) An adult with decisional capacity, an adult's legal surrogate, or a responsible party 16
may complete a medical order for scope of treatment directing medical 17
interventions. The form shall have the title "MOST, Medical Orders for Scope of 18
Treatment" and an introductory section containing the patient's name and date of 19
birth, the effective date of the form, including the statement "Form must be 20
reviewed at least annually" and the statements "HIPAA permits disclosure of 21
MOST to other health care professionals as necessary" and "This document is based 22
on this person's medical condition and wishes. Any section not completed indicates 23
a preference for full treatment for that section." The form shall be in substantially 24
the following order and format and shall have the following contents: 25
(a) Section A of the form shall direct cardiopulmonary resuscitation when a 26
person has no pulse and is not breathing by selection of one (1) of the 27 UNOFFICIAL COPY 22 RS BR 822
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following: 1
1. "Attempt Resuscitation (CPR)"; or 2
2. "Do Not Attempt Resuscitation"; and 3
include the statement "When not in cardiopulmonary arrest, follow orders in 4
B, C, and D."; 5
(b) Section B of the form shall direct the scope of treatment when a person has a 6
pulse or is breathing by selection of one (1) of the following: 7
1. Full scope of treatment, including the use of intubation, advanced airway 8
interventions, mechanical ventilation, defibrillation or cardioversion as 9
indicated, medical treatment, intravenous fluids, and comfort measures. 10
This option shall include the statement "Transfer to a hospital if 11
indicated. Includes intensive care. Treatment Plan: Full treatment, 12
including life support measures."; 13
2. Limited additional intervention, including the use of medical treatment, 14
oral and intravenous medications, intravenous fluids, cardiac monitoring 15
as indicated, noninvasive bi-level positive airway pressure, a bag valve 16
mask, and comfort measures. This option excludes the use of intubation 17
or mechanical ventilation. This option shall include the statement 18
"Transfer to a hospital if indicated. Avoid intensive care. Treatment 19
Plan: Provide basic medical treatments."; or 20
3. Comfort measures, including keeping the patient clean, warm, and dry; 21
use of medication by any route; positioning, wound care, and other 22
measures to relieve pain and suffering; and the use of oxygen, suction, 23
and manual treatment of airway obstruction as needed for comfort. This 24
option shall include the statement "Do not transfer to a hospital unless 25
comfort needs cannot be met in the patient's current location (e.g. hip 26
fracture).". 27 UNOFFICIAL COPY 22 RS BR 822
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These options shall be followed by a space for other instructions; 1
(c) Section C of the form shall direct the use of oral and intravenous antibiotics 2
by selection of one (1) of the following: 3
1. Antibiotics if indicated for the purpose of maintaining life; 4
2. Determine use or limitation of antibiotics when infection occurs; 5
3. Use of antibiotics to relieve pain and discomfort; or 6
4. No antibiotics, use other measures to relieve symptoms. 7
This option shall include a space for other instructions; 8
(d) Section D of the form shall: 9
1. Have the heading "Medically Administered Fluids and Nutrition: The 10
provision of nutrition and fluids, even if medically administered, is a 11
basic human right and authorization to deny or withdraw shall be limited 12
to the patient, the surrogate in accordance with KRS 311.629, or the 13
responsible party in accordance with KRS 311.631."; 14
2. Direct the administration of fluids if physically possible as determined 15
by the patient's physician in accordance with reasonable medical 16
judgment and in consultation with the patient, surrogate, or responsible 17
party by selecting one (1) of the following: 18
a. Long-term intravenous fluids if indicated; 19
b. Intravenous fluids for a defined trial period. This option shall be 20
followed by "Goal:................."; or 21
c. No intravenous fluids, provide other measures to ensure comfort; 22
and 23
3. Direct the administration of nutrition if physically possible as 24
determined by the patient's physician in accordance with reasonable 25
medical judgment and in consultation with the patient, surrogate, or 26
responsible party by selecting one (1) of the following: 27 UNOFFICIAL COPY 22 RS BR 822
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a. Long-term feeding tube if indicated; 1
b. Feeding tube for a defined trial period. This option shall be 2
followed by "Goal:................."; or 3
c. No feeding tube. This option shall be followed by a space for 4
special instructions; 5
(e) Section E of the form shall: 6
1. Have the heading "Patient Preferences as a Basis for this MOST Form" 7
and shall include the language "Basis for order must be documented in 8
medical record"; 9
2. Provide direction to indicate whether or not the patient has an advance 10
medical directive such as a health care power of attorney or living will 11
and, if so, a place for the printed name, position, and signature of the 12
individual certifying that the MOST is in accordance with the advance 13
directive; and 14
3. Indicate whether oral or written directions were given and, if so, by 15
which one (1) or more of the following: 16
a. Patient; 17
b. Parent or guardian if patient is a minor; 18
c. Surrogate appointed by the patient's advance directive; 19
d. The judicially appointed guardian of the patient, if the guardian has 20
been appointed and if medical decisions are within the scope of the 21
guardianship; 22
e. The attorney-in-fact named in a durable power of attorney, if the 23
durable power of attorney specifically includes authority for health 24
care decisions; 25
f. The spouse of the patient; 26
g. An adult child of the patient or, if the patient has more than one (1) 27 UNOFFICIAL COPY 22 RS BR 822
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child, the majority of the adult children who are reasonably 1
available for consultation; 2
h. The parents of the patient; and 3
i. The nearest living relative of the patient or, if more than one (1) 4
relative of the same relation is reasonably available for 5
consultation, a majority of the nearest living relatives; 6
(f) A signature portion of the form shall include spaces for the printed name, 7
signature, and date of signing for: 8
1. The patient's physician; 9
2. The patient, parent of minor, guardian, health care agent, surrogate, 10
spouse, or other responsible party, with a description of the relationship 11
to the patient and contact information, unless based solely on advance 12
directive; and 13
3. The health care professional preparing the form, with contact 14
information; 15
(g) A section of the form shall be titled "Information for patient, surrogate, or 16
responsible party named on this form" with the following language: "The 17
MOST form is always voluntary and is usually for persons with advanced 18
illness. MOST records your wishes for medical treatment in your current state 19
of health. The provision of nutrition and fluids, even if medically 20
administered, is a basic human right and authorization to deny or withdraw 21
shall be limited to the patient, the surrogate in accordance with KRS 311.629, 22
or the responsible party in accordance with KRS 311.631. Once initial 23
medical treatment is begun and the risks and benefits of further therapy are 24
clear, your treatment wishes may change. Your medical care and this form can 25
be changed to reflect your new wishes at any time. However, no form can 26
address all the medical treatment decisions that may need to be made. An 27 UNOFFICIAL COPY 22 RS BR 822
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advance directive, such as the Kentucky Health Care Power of Attorney, is 1
recommended for all capable adults, regardless of their health status. An 2
advance directive allows you to document in detail your future health care 3
instructions or name a surrogate to speak for you if you are unable to speak for 4
yourself, or both. If there are conflicting directions between an enforceable 5
living will and a MOST form, the provisions of the living will shall prevail."; 6
(h) A section of the form shall be titled "Directions for Completing and 7
Implementing Form" with these four (4) subdivisions: 8
1. The first subdivision shall be titled "Completing MOST" and shall have 9
the following language: 10
"MOST must be reviewed, prepared, and signed by the patient's 11
physician in personal communication with the patient, the patient's 12
surrogate, or responsible party. 13
MOST must be reviewed and contain the original signature of the 14
patient's physician to be valid. Be sure to document the basis in the 15
progress notes of the medical record. Mode of communication (e.g., in 16
person, by telephone, etc.) should also be documented. 17
The signature of the patient, surrogate, or a responsible party is required; 18
however, if the patient's surrogate or a responsible party is not 19
reasonably available to sign the original form, a copy of the completed 20
form with the signature of the patient's surrogate or a responsible party 21
must be signed by the patient's physician and placed in the medical 22
record. 23
Use of original form is required. Be sure to send the original form with 24
the patient. 25
There is no requirement that a patient have a MOST."; 26
2. The second subdivision shall be titled "Implementing MOST" and shall 27 UNOFFICIAL COPY 22 RS BR 822
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have the following language: "If a health care provider or facility cannot 1
comply with the orders due to policy or personal ethics, the provider or 2
facility must arrange for transfer of the patient to another provider or 3
facility."; 4
3. The third subdivision shall be titled "Reviewing MOST" and shall have 5
the following language: 6
"This MOST must be reviewed at least annually or earlier if: 7
The patient is admitted and/or discharged from a health care facility; 8
There is a substantial change in the patient's health status; or 9
The patient's treatment preferences change. 10
If MOST is revised or becomes invalid, draw a line through Sections A-11
E and write "VOID" in large letters."; and 12
4. The fourth subdivision shall be titled "Revocation of MOST" and shall 13
have the following language: "This MOST may be revoked by the 14
patient, the surrogate, or the responsible party."; and 15
(i) A section of the form shall be titled "Review of MOST" and shall have the 16
following columns and a number of rows as determined by the Kentucky 17
Board of Medical Licensure: 18
1. "Review Date"; 19
2. "Reviewer and Location of Review"; 20
3. "MD/DO Signature (Required)"; 21
4. "Signature of Patient, Surrogate, or Responsible Party (Required)"; and 22
5. "Outcome of Review, describing the outcome in each row by selecting 23
one (1) of the following: 24
a. No Change; 25
b. FORM VOIDED, new form completed; or 26
c. FORM VOIDED, no new form". 27 UNOFFICIAL COPY 22 RS BR 822
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(2) The Kentucky Board of Medical Licensure shall promulgate administrative 1
regulations in accordance with KRS Chapter 13A to develop the format for a 2
standardized medical order for scope of treatment form to be approved by the board, 3
including spacing, size, borders, fill and location of boxes, type of fonts used and 4
their size, and placement of boxes on the front or back of the form so as to fit on a 5
single sheet. The board may not alter the wording or order of wording provided in 6
subsection (1) of this section, except to add identifying data such as form number 7
and date of promulgation or revision and instructions for completing, reviewing, 8
and revoking the election of the form. The board shall consult with appropriate 9
professional organizations to develop the format for the medical order for scope of 10
treatment form, including: 11
(a) The Kentucky Association of Hospice and Palliative Care; 12
(b) [The Kentucky Board of Emergency Medical Services; 13
(c) ]The Kentucky Hospital Association; 14
(c)[(d)] The Kentucky Association of Health Care Facilities; 15
(d)[(e)] LeadingAge Kentucky; 16
(e)[(f)] The Kentucky Right to Life Association; and 17
(f)[(g)] Other groups interested in end-of-life care. 18
(3) The medical order for scope of treatment form developed under subsection (2) of 19
this section shall include but not be limited to: 20
(a) An advisory that completing the medical order for scope of treatment form is 21
voluntary and not required for treatment; 22
(b) Identification of the person who discussed and agreed to the options for 23
medical intervention that are selected; 24
(c) All necessary information necessary to comply with subsection (1) of this 25
section; 26
(d) The effective date of the form; 27 UNOFFICIAL COPY 22 RS BR 822
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(e) The expiration or review date of the form, which shall be no more than one (1) 1
calendar year from the effective date of the form; 2
(f) Indication of whether the patient has a living will directive or health care 3
power of attorney, a copy of which shall be attached to the form if available; 4
(g) An advisory that the medical order for scope of treatment may be revoked by 5
the patient, the surrogate, or a responsible party at any time; and 6
(h) A statement written in boldface type directly above the signature line for the 7
patient that states "You are not required to sign this form to receive 8
treatment." 9
(4) A physician shall document the medical basis for completing a medical order for 10
scope of treatment in the patient's medical record. 11
(5) The patient, the surrogate, or a responsible party shall sign the medical order for 12
scope of treatment form; however, if it is not practicable for the patient's surrogate 13
or a responsible party to sign the original form, the surrogate or a responsible party 14
shall sign a copy of the completed form and return it to the health care provider 15
completing the form. The copy of the form with the signature of the surrogate or a 16
responsible party, whether in electronic or paper form, shall be signed by the 17
physician and shall be placed in the patient's medical record. When the signature of 18
the surrogate or a responsible party is on a separate copy of the form, the original 19
form shall indicate in the appropriate signature field that the signature is attached. 20
Section 62. KRS 311.666 is amended to read as follows: 21
As used in KRS 311.665 to 311.669, unless the context requires otherwise: 22
(1) "Automated external defibrillator" or "AED" means an external defibrillator capable 23
of cardiac rhythm analysis which will charge and, with or without further operator 24
action, deliver a shock after electronically detecting and assessing ventricular 25
fibrillation or rapid ventricular tachycardia. These devices are known as fully or 26
semiautomatic defibrillators; 27 UNOFFICIAL COPY 22 RS BR 822
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(2) "Cardiopulmonary resuscitation" or "CPR" means a basic emergency procedure for 1
life support, consisting of artificial respiration and manual external cardiac 2
massage; and 3
(3) "Emergency medical services system" means the same as in Section 2 of this 4
Act[KRS 311A.010]. 5
Section 63. KRS 311.669 is amended to read as follows: 6
(1) The provisions of KRS 311.665 to 311.669 shall not apply to the use of an AED by: 7
(a) Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or 8
chiropractors licensed under KRS Chapter 312; 9
(b) Physician assistants as defined in KRS 311.550; 10
(c) Registered nurses, practical nurses, or advanced practice registered nurses 11
licensed under KRS Chapter 314; 12
(d) Dentists licensed under KRS Chapter 313; or 13
(e) Paramedics licensed, or first responders or emergency medical technicians 14
certified, under KRS Chapter 216B[311A]. 15
(2) Nothing in this section shall preclude the licensing boards referred to in subsection 16
(1) of this section from requiring continuing education or training on the use of an 17
AED. 18
Section 64. KRS 316.165 is amended to read as follows: 19
(1) Any person employed by a full-service funeral establishment or an embalming 20
service establishment, except a common carrier engaged in interstate commerce, the 21
Commonwealth and its agencies, or an emergency medical services provider duly 22
certified or licensed pursuant to KRS Chapter 216B[311A], who wants to engage in 23
the business of surface transportation or removal of dead human bodies in the 24
Commonwealth, shall apply for and may be granted a permit from the board. 25
(2) Surface transportation and removal services shall not include: 26
(a) The arrangement or conduction of funerals; 27 UNOFFICIAL COPY 22 RS BR 822
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(b) The provision for the care or preparation, including embalming, of dead 1
human bodies; or 2
(c) The sale or provision of funeral-related goods and services; 3
without also the issuance of a funeral service establishment license or an embalming 4
service establishment license. 5
(3) The board shall promulgate administrative regulations related to the processes and 6
procedures for the permitting of persons to provide surface transportation and 7
removal services of dead human bodies. 8
Section 65. KRS 405.075 is amended to read as follows: 9
(1) As used in this section: 10
(a) "Newborn infant" means an infant who is medically determined to be less than 11
thirty (30) days old; 12
(b) "Newborn safety device" means a device: 13
1. Designed to permit a parent to anonymously place a newborn infant in 14
the device with the intent to leave the newborn and for an emergency 15
medical services provider to remove the newborn from the device and 16
take custody of the newborn infant; 17
2. Installed with an adequate dual alarm system connected to the physical 18
location where the device is physically installed. The dual alarm system 19
shall be: 20
a. Tested at least one (1) time per month to ensure the alarm system 21
is in working order; and 22
b. Visually checked at least two (2) times per day to ensure the alarm 23
system is in working order; 24
3. Approved by and physically located inside a participating staffed police 25
station, staffed fire station, or staffed hospital that: 26
a. Is licensed or otherwise legally operating in this state; and 27 UNOFFICIAL COPY 22 RS BR 822
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b. Is staffed continuously on a twenty-four (24) hour basis every day 1
by a licensed emergency medical services provider; and 2
4. Located in an area that is conspicuous and visible to police station, fire 3
station, or hospital staff; and 4
(c) "Participating place of worship" means a recognized place of religious 5
worship that has voluntarily agreed to perform the duty granted in this section 6
and display signage prominently on its premises regarding its participation in 7
this section and its operating hours during which staff will be present. 8
(2) A parent shall have the right to remain anonymous, shall not be pursued, and shall 9
not be considered to have abandoned or endangered a newborn infant under KRS 10
Chapters 508 and 530 if the parent: 11
(a) Places a newborn infant: 12
1. With an emergency medical services provider; 13
2. At a staffed police station, fire station, or hospital; 14
3. At a participating place of worship; or 15
4. Inside a newborn safety device that meets the requirements of subsection 16
(1) of this section; and 17
(b) Expresses no intent to return for the newborn infant. 18
(3) (a) Any emergency medical services provider, police officer, or firefighter who 19
accepts physical custody of a newborn infant, or who physically retrieves a 20
newborn infant from a newborn safety device that meets the requirements of 21
subsection (1) of this section, in accordance with this section shall 22
immediately arrange for the infant to be taken to the nearest hospital 23
emergency room and shall have implied consent to any and all appropriate 24
medical treatment. 25
(b) Any staff member at a participating place of worship who accepts physical 26
custody of a newborn infant in accordance with this section shall immediately 27 UNOFFICIAL COPY 22 RS BR 822
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contact the 911 emergency telephone service as set forth in KRS 65.750 to 1
65.760, wireless enhanced 911 system as set forth in KRS 65.7621 to 65.7643, 2
or emergency medical services as set forth in KRS Chapter 216B[311A] for 3
transportation to the nearest hospital emergency room. 4
(4) By placing a newborn infant in the manner described in this section, the parent: 5
(a) Waives the right to notification required by subsequent court proceedings 6
conducted under KRS Chapter 620 until such time as a claim of parental 7
rights is made; and 8
(b) Waives legal standing to make a claim of action against any person who 9
accepts physical custody of the newborn infant. 10
(5) A staffed police station, fire station, hospital, emergency medical facility, or 11
participating place of worship may post a sign easily seen by the public stating that: 12
"This facility is a safe and legal place to surrender a newborn infant who is less than 13
30 days old. A parent who places a newborn infant at this facility and expresses no 14
intent to return for the infant shall have the right to remain anonymous and not be 15
pursued and shall not be considered to have abandoned or endangered their 16
newborn infant under KRS Chapters 508 and 530." 17
(6) Actions taken by an emergency medical services provider, police officer, firefighter, 18
or staff member at a participating place of worship in conformity with the duty 19
granted in this section shall be immune from criminal or civil liability. Nothing in 20
this subsection shall limit liability for negligence. 21
(7) The provisions of subsection (2) of this section shall not apply when indicators of 22
child physical abuse or child neglect are present. 23
(8) KRS 211.951, 216B.190, 405.075, 620.350, and 620.355 shall be known as "The 24
Representative Thomas J. Burch Safe Infants Act." 25
Section 66. KRS 508.025 is amended to read as follows: 26
(1) A person is guilty of assault in the third degree when the actor: 27 UNOFFICIAL COPY 22 RS BR 822
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(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally 1
causes or attempts to cause physical injury to: 2
1. A state, county, city, or federal peace officer; 3
2. An employee of a detention facility, or state residential treatment facility 4
or state staff secure facility for residential treatment which provides for 5
the care, treatment, or detention of a juvenile charged with or 6
adjudicated delinquent because of a public offense or as a youthful 7
offender; 8
3. An employee of the Department for Community Based Services 9
employed as a social worker to provide direct client services, if the event 10
occurs while the worker is performing job-related duties; 11
4. Paid or volunteer emergency medical services personnel certified or 12
licensed pursuant to KRS Chapter 216B[311A], if the event occurs 13
while personnel are performing job-related duties; 14
5. A paid or volunteer member of an organized fire department, if the event 15
occurs while the member is performing job-related duties; 16
6. Paid or volunteer rescue squad personnel affiliated with the Division of 17
Emergency Management of the Department of Military Affairs or a local 18
disaster and emergency services organization pursuant to KRS Chapter 19
39F, if the event occurs while personnel are performing job-related 20
duties; 21
7. A probation and parole officer; 22
8. A transportation officer appointed by a county fiscal court or legislative 23
body of a consolidated local government, urban-county government, or 24
charter government to transport inmates when the county jail or county 25
correctional facility is closed while the transportation officer is 26
performing job-related duties; 27 UNOFFICIAL COPY 22 RS BR 822
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9. A public or private elementary or secondary school or school district 1
classified or certified employee, school bus driver, or other school 2
employee acting in the course and scope of the employee's employment; 3
or 4
10. A public or private elementary or secondary school or school district 5
volunteer acting in the course and scope of that person's volunteer 6
service for the school or school district; 7
(b) Being a person confined in a detention facility, or a juvenile in a state 8
residential treatment facility or state staff secure facility for residential 9
treatment which provides for the care, treatment, or detention of a juvenile 10
charged with or adjudicated delinquent because of a public offense or as a 11
youthful offender, inflicts physical injury upon or throws or causes feces, or 12
urine, or other bodily fluid to be thrown upon an employee of the facility; or 13
(c) Intentionally causes a person, whom the actor knows or reasonably should 14
know to be a peace officer discharging official duties, to come into contact 15
with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the 16
consent of the peace officer. 17
(2) (a) For violations of subsection (1)(a) and (b) of this section, assault in the third 18
degree is a Class D felony. 19
(b) For violations of subsection (1)(c) of this section, assault in the third degree is 20
a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, 21
seminal fluid, urine, or feces from an adult who knows that he or she has a 22
serious communicable disease and competent medical or epidemiological 23
evidence demonstrates that the specific type of contact caused by the actor is 24
likely to cause transmission of the disease or condition, in which case it is a 25
Class A misdemeanor. 26
(c) As used in paragraph (b) of this subsection, "serious communicable disease" 27 UNOFFICIAL COPY 22 RS BR 822
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means a non-airborne disease that is transmitted from person to person and 1
determined to have significant, long-term consequences on the physical health 2
or life activities of the person infected. 3
Section 67. KRS 532.031 is amended to read as follows: 4
(1) A person may be found by the sentencing judge to have committed an offense 5
specified below as a result of a hate crime if the person intentionally because of 6
race, color, religion, sexual orientation, or national origin of another individual or 7
group of individuals or because of a person's actual or perceived employment as a 8
state, city, county, or federal peace officer, member of an organized fire department, 9
or emergency medical services personnel, violates a provision of any one (1) of the 10
following: 11
(a) KRS 508.010, 508.020, 508.025, or 508.030; 12
(b) KRS 508.050 or 508.060; 13
(c) KRS 508.100 or 508.110; 14
(d) KRS 509.020; 15
(e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 16
510.110; 17
(f) KRS 512.020, 512.050, or 512.060; 18
(g) KRS 513.020, 513.030, or 513.040; or 19
(h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080. 20
(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the 21
evidence presented at the trial, a hate crime was a primary factor in the commission 22
of the crime by the defendant. If so, the judge shall make a written finding of fact 23
and enter that in the court record and in the judgment rendered against the 24
defendant. 25
(3) The finding that a hate crime was a primary factor in the commission of the crime 26
by the defendant may be utilized by the sentencing judge as the sole factor for 27 UNOFFICIAL COPY 22 RS BR 822
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denial of probation, shock probation, conditional discharge, or other form of 1
nonimposition of a sentence of incarceration. 2
(4) The finding by the sentencing judge that a hate crime was a primary factor in the 3
commission of the crime by the defendant may be utilized by the Parole Board in 4
delaying or denying parole to a defendant. 5
(5) As used in this section: 6
(a) "Emergency medical services personnel" has the same meaning as in Section 7
2 of this Act[KRS 311A.010]; and 8
(b) "Member of an organized fire department, or emergency medical services 9
personnel" includes volunteers, if the violation occurs while the volunteer is 10
performing duties with an organized fire department or as emergency medical 11
services personnel. 12
Section 68. Each member of the Emergency Medical Services Advisory 13
Committee established in Section 1 of this Act, other than those representing positions in 14
the Cabinet for Health and Family Services, shall hold office for a term of four years and 15
until their successors are appointed, except that the members appointed to fill the first 16
vacancy occurring for a term beginning on July 1, 2022, shall be as follows: Four 17
members shall be appointed for one year, four for two years, four for three years, and 18
five for four years, and the respective terms of the first members shall be designated by 19
the chair of the advisory committee at the time of their appointments. Upon the expiration 20
of the respective terms of the members first appointed, the term of each successor shall be 21
for four years and until his or her successor is appointed. 22
Section 69. (1) In accordance with KRS 13A.312, each administrative 23
regulation promulgated by the Kentucky Board of Emergency Medical Services prior to 24
the effective date of this Act shall remain in effect as it exists until the Office of Inspector 25
General amends or repeals the administrative regulation pursuant to KRS Chapter 13A. 26
(2) The Office of Inspector General shall review the existing administrative 27 UNOFFICIAL COPY 22 RS BR 822
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regulations promulgated by the Kentucky Board of Emergency Medical Services within 1
six months of the effective date of this Act and shall promulgate emergency and ordinary 2
administrative regulations needed to effectuate any amendments or repeals based on that 3
review within nine months of the effective date of this Act. Additionally, the Office of 4
Inspector General is authorized to promulgate any new administrative regulations needed 5
to implement Sections 1 through 37 of this Act as emergency administrative regulations, 6
accompanied by ordinary administrative regulations, within nine months of the effective 7
date of this Act. 8
Section 70. Upon the effective date of this Act, the affairs of the Kentucky 9
Board of Emergency Medical Services shall be concluded, and any records, files, and 10
documents associated with the activities of the Kentucky Board of Emergency Medical 11
Services shall be transferred to the Cabinet for Health and Family Services, Office of 12
Inspector General. Any records, files, documents, equipment, supporting budgets, and any 13
and all unexpended funds associated with the activities of the Kentucky Board of 14
Emergency Medical Services shall be transferred to the Cabinet for Health and Family 15
Services, Office of Inspector General. All advisory opinions, decisions, and actions 16
promulgated, made, or taken by the Kentucky Board of Emergency Medical Services that 17
have not been repealed or rescinded shall continue in effect after the effective date of this 18
Act unless the Office of Inspector General issues an advisory opinion, decision, or action 19
to repeal, rescind, or amend the prior action. 20
Section 71. The following KRS sections are repealed: 21
311A.015 Kentucky Board of Emergency Medical Services -- Members -- Terms -- 22
Quorum -- Procedure -- Removal of members -- Reimbursement -- Annual reports. 23
311A.040 Advisory opinions. 24
311A.055 Complaint of violation of chapter -- Investigation -- Notification -- 25
Preliminary inquiry board -- Hearing -- Order -- Appeal -- Discipline -- Sexual 26
contact with patient. 27 UNOFFICIAL COPY 22 RS BR 822
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311A.070 Written notice of complaint or proposed action. 1
311A.075 Immediate temporary suspension of license or certification -- Hearing. 2
Section 72. Whereas, the health and safety of Kentucky’s citizens is of the 3
utmost importance and the General Assembly has heard horror stories about patients 4
lingering in limbo waiting for ambulance transfers, sometimes for days, and the current 5
board has not adequately addressed patient transport issues, an emergency is declared to 6
exist, and this Act takes effect upon its passage and approval by the Governor or upon its 7
otherwise becoming law. 8