CHAPTER 4
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CHAPTER 4
( SB 25 )
AN ACT relating to actions in response to the SARS-CoV-2 virus and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. All SARS-CoV-2-related executive orders issued by the Governor and all executive actions and
administrative orders, administrative regulations, or other administrative actions not specifically extended by this Act
are of no further force or effect as of the effective date of this Act.
Section 2. The General Assembly hereby approves, extends, and in some cases modifies as stated, the
following executive orders and declares that the same shall be in effect until and expire on April 14, 2022:
(1) 2020 Executive Order 2020-215 only to the extent necessary to:
(a) Secure current or future federal funding, including reimbursements, related to the SARS-CoV-2 virus;
(b) Preserve the protections and status afforded by 2021 RS SB 5, 2021 Ky. Acts ch. 205; and
(c) Extend 2020 RS SB 150, 2020 Ky. Acts ch. 73, until April 14, 2022, to the extent the provisions are not
superseded by statute or administrative regulation, except that Section 1(4) of 2020 RS SB 150, 2020 Ky. Acts ch. 73,
shall be in effect until and expire on May 15, 2022, to the extent the provisions are not superseded by statute or
administrative regulation;
(2) 2020 Executive Order 2020-220, related to health insurers waiving costs for certain screening, testing,
and immunizations;
(3) 2020 Executive Order 2020-243 only to the extent set forth herein:
(a) Encourages social distancing among citizens; and
(b) Allows state agencies to:
1. Encourage social distancing;
2. Provide and conduct services by mail, Internet, phone, and/or video conferencing;
3. Extend licenses, credentials, or certificates that require in-person appearances or education for renewal;
4. Permit education and continuing education to be satisfied online;
5. Extend deadlines for statutory or regulatory reporting; and
6. Extend deadlines for payments of fees, taxes, and assessments, and waive late payment penalties
incurred;
(4) 2020 Executive Order 2020-265, allowing retired first responders returning to work;
(5) 2020 Executive Order 2020-266, allowing retired state employees returning to work, except the
provisions in paragraphs 8 and 9;
(6) 2020 Executive Order 2020-277, providing temporary disability from certain occupational exposures,
except the provisions in paragraph 3;
(7) Notwithstanding any statutory provisions to the contrary, 2021 Executive Order 2021-665, related to
price gouging;
(8) Notwithstanding any statutory provisions to the contrary, 2021 Executive Order 2021-666, related to the
dispensing of pharmaceuticals; and
(9) Secretary of the Governor's Executive Cabinet Order, dated April 24, 2020, related to the "practice of
pharmacy" including initiating, ordering, and administering certain testing.
Section 3. The General Assembly hereby approves, ratifies, modifies, and extends the following executive
actions and administrative regulations issued by a cabinet, agency, or department until April 14, 2022: ACTS OF THE GENERAL ASSEMBLY 2
(1) Labor Cabinet Administrative Order 2020-001, dated April 10, 2020, related to the allowing of digital
signatures to facilitate workers' compensation matters;
(2) Cabinet for Health and Family Services Order, dated July 8, 2021, eliminating the requirement of a
clinician's order to administer, bill, or insure certain testing and prohibiting cost-sharing;
(3) Education and Workforce Development Administrative Order 2020-02, dated March 25, 2020,
paragraphs 5, 7, 9, and 10 only, related to the filing of unemployment claims, access to benefits, and funding the
Unemployment Insurance Trust Fund;
(4) Education and Workforce Development Administrative Order 2020-07, dated July 30, 2020, related to
unemployment insurance clarification that Education and Workforce Development Administrative Order 2020-02
does not supersede federal law;
(5) Labor Cabinet Administrative Order 2021-02, dated May 24, 2021, related to permitting auto industry
employers to file electronically for unemployment insurance benefits for employees with recall rights;
(6) Personnel Cabinet Memorandum No. 21-14, dated August 5, 2021, except that the annual leave shall be
leave only and shall not be credited for compensation;
(7) Cabinet for Health and Family Services Directive, dated August 18, 2021, related to out-of-state
medical providers providing certain services;
(8) Cabinet for Health and Family Services Directive, dated August 8, 2021, related to certain testing
waivers;
(9) The Department of Financial Institutions Guidance for conducting business during a pandemic issued
June 5, 2021, and any extension, but not including Section 2 of the Guidance;
(10) The Department of Financial Institutions Guidance, undated, related to waiving the requirement for
physical signatures on U4 forms and updates on annual filings;
(11) 201 KAR 8:505E, Administration of certain immunizations;
(12) Energy and Environment Cabinet Emergency Bulletin to all solid waste management facilities from the
secretary of the Energy and Environment Cabinet, dated March 26, 2020, related to the response to the request of the
National Waste and Recycling Association dated March 24, 2020, asking that the Department for Environmental
Protection consider granting relief or flexibility to certain administrative regulations concerning the handling, storage,
and disposal of solid waste and recycling materials;
(13) Energy and Environment Cabinet Memorandum to the staff of the Department of Environmental
Protection, for dissemination, from the secretary of the Energy and Environment Cabinet, dated March 26, 2020,
related to waste water operators certification;
(14) Energy and Environment Cabinet Memorandum to Department of Natural Resources staff, for
dissemination, from the secretary of the Energy and Environment Cabinet, dated May 4, 2020, related to the
extension of miner training deadlines;
(15) Energy and Environment Cabinet Memorandum to the Department for Natural Resources staff, for
dissemination, from the secretary of the Energy and Environment Cabinet, dated January 25, 2021, related to
temporary master logger designations and master logger designations;
(16) Public Protection Cabinet Order dated April 7, 2020, related to the temporary suspension of the building
code for hospital overflow areas;
(17) Department of Insurance Order, dated March 18, 2020, related to telehealth remote communications
and the prior relationship requirement;
(18) Cabinet for Health and Family Services, Office of the Secretary Order, dated April 6, 2020, related to
Cabinet approval for a waiver if state law requirements are more stringent than HHS 1135 blanket waivers; and
(19) Labor Cabinet Administrative Order 2020-04, dated December 15, 2020, related to unemployment
insurance reserve ratios for employers with 100 or fewer employees, but not including section 3.
Section 4. The General Assembly intends that the Commonwealth's boards and commissions return to
normal operations, especially with respect to licensing and continuing education, and hereby approves, ratifies, and
extends until April 14, 2022, and no further, the following administrative actions issued by boards, commissions, CHAPTER 4
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corporations, and authorities in response to the SARS-CoV-2 virus, which extension will give the boards and
commissions listed below a period of time to transition back to normal operations:
(1) Board of Veterinary Examiners Order, dated April 16, 2020, only to the extent that the order fulfills the
objectives of subsection (3) of Section 2 of this Act;
(2) Kentucky Applied Behavior Analysis Licensing Board Order, dated March 23, 2020, related to
telehealth services;
(3) Kentucky Board of Alcohol and Drug Counselors Order, dated April 2, 2020, related to licensure
renewal deadlines;
(4) Kentucky Board of Licensed Diabetes Educators Order, dated July 21, 2020, related to social distancing
and telework;
(5) Kentucky Board of Licensure for Long-Term Care Administrators Orders, dated May 29, 2020, and
March 26, 2021, related to continuing education and licensure;
(6) Kentucky Board of Licensed Professional Counselors Order, dated April 2, 2020, allowing distance
counseling;
(7) Kentucky Board of Licensure for Marriage and Family Therapists Order, dated March 31, 2020,
allowing telework;
(8) Kentucky Board of Licensure for Occupational Therapy Order, dated March 24, 2020, allowing
telehealth;
(9) Kentucky Board of Licensure for Private Investigators Order, dated June 10, 2020, allowing a grace
period for licensure;
(10) Kentucky Board of Examiners of Psychology Orders, dated March 25, 2020, June 8, 2020, and August
3, 2020, related to licensure, continuing education, and telehealth;
(11) Kentucky Board of Speech-Language Pathology and Audiology Orders, dated March 25, 2020, and
June 25, 2020, related to licensure and telehealth;
(12) Kentucky Board of Interpreters for Deaf and Hard of Hearing Order, dated April 27, 2020, related to
fees, licensure, and continuing education;
(13) Kentucky Licensing Board for Specialists in Hearing Instruments Order, dated May 21, 2021, related to
licensure and continuing education;
(14) Kentucky Board of Barbering Order, to the extent that the order fulfills the objectives of subsection (3)
of Section 2 of this Act;
(15) Kentucky Board of Licensure for Massage Therapy Order, dated May 11, 2020, related to licensure;
(16) Board of Pharmacy Order, dated April 24, 2020, related to the suspension of administrative regulations
which relate to in-person work;
(17) Board of Dentistry Order, dated April 17, 2020, to the extent that the order fulfills the objectives of
subsection (3) of Section 2 of this Act;
(18) Board of Nursing Emergency Memoranda, dated March 5, 2021, August 26, 2020, April 17, 2020, and
March 27, 2020, related to clinical education, APRN licensure, and temporary licensure;
(19) Board of Social Work Memorandum, dated March 30, 2020, related to licensure and out-of-state
practitioners;
(20) Board of Licensure for Pastoral Counselors action, dated April 24, 2020, related to licensure;
(21) Board of Licensure for Dieticians and Nutritionists actions, dated March 30, 2020, March 25, 2020, and
October 30, 2019, related to licensure, telehealth, and continuing education;
(22) Board of Durable Medical Equipment Suppliers action, dated May 19, 2020, related to license renewals;
(23) Kentucky Board of Podiatry actions, dated April 13, 2021, and July 28, 2020, related to a fee waiver;
(24) Board of Prosthetics, Orthotics, and Pedorthics action, dated May 26, 2020, related to telehealth and
continuing education; ACTS OF THE GENERAL ASSEMBLY 4
(25) Board of Respiratory Care undated action premised on the August 18, 2021, Cabinet for Health and
Family Services directive, related to licensure;
(26) Board of Licensure for Professional Art Therapists action, dated May 13, 2020, related to licensure;
(27) Board of Emergency Medical Services:
(a) 202 KAR 7:201, First responders;
(b) 202 KAR 7:301, EMT;
(c) 202 KAR 7:330, Requirements for examination, certification, and recertification of the advanced
emergency medical technician;
(d) 202 KAR 7:401, Paramedics;
(e) 202 KAR 7:501, Ambulance agency licensure;
(f) 202 KAR 7:510, Air ambulance services;
(g) 202 KAR 7:540, EMS data collection, management, and compliance;
(h) 202 KAR 7:545, License classifications;
(i) 202 KAR 7:550, Required equipment and vehicle standards;
(j) 202 KAR 7:555, Ground agencies;
(k) 202 KAR 7:560, Ground vehicle staff;
(l) 202 KAR 7:601, Training, education, and continuing education;
(m) 202 KAR 7:701, Scope of practice matters; and
(n) 202 KAR 7:801, Medical directors; and
(28) Kentucky Board of Home Inspectors action, dated August 18, 2020, related to licensure.
Section 5. The General Assembly hereby approves, ratifies, modifies, and extends 803 KAR 25:305E,
Workers' compensation expedited hearing pursuant to occupational exposure, issued by the Department of Workers'
Claims, until June 25, 2022.
Section 6. The General Assembly hereby approves, ratifies, modifies, and extends the following executive
actions and administrative regulations issued by a cabinet, agency, or department until June 28, 2022:
(1) 200 KAR 17:110E Guidelines for Kentucky Infrastructure Authority Drinking Water and Wastewater
Grant Program, unless it is replaced earlier by an ordinary administrative regulation pursuant to KRS 13A.190, in
which case it should expire upon the ordinary administrative regulation becoming effective;
(2) 201 KAR 12:082E, Education requirements and school administration, unless it is replaced earlier by an
ordinary administrative regulation pursuant to KRS 13A.190, in which case it should expire upon the ordinary
administrative regulation becoming effective;
(3) 803 KAR 2:330E, Occupational exposure to COVID-19;
(4) 902 KAR 2:230E, COVID-19 antibody administration center;
(5) 902 KAR 2:240E, COVID-19 test acquisition and distribution;
(6) 902 KAR 2:250E, COVID-19 vaccine storage; and
(7) 902 KAR 20:460E, Essential visitor programs; visitation guidelines for long-term care facilities.
Section 7. The General Assembly hereby approves, ratifies, modifies, and extends 201 KAR 2:412E,
Ordering and administering vaccinations, issued by the Board of Pharmacy, until July 9, 2022.
Section 8. The General Assembly hereby approves, ratifies, modifies, and extends 921 KAR 4:122E,
Assistance for low-income households with water or wastewater utility arrears, issued by the Department for
Community Based Services pursuant to KRS 13A.190, until:
(1) August 28, 2022;
(2) September 28, 2022, if the statement of consideration filing date is extended for the ordinary
administrative regulation; or CHAPTER 4
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(3) It is replaced earlier by an ordinary administrative regulation, in which case it should expire upon the
ordinary administrative regulation becoming effective.
Section 9. All executive orders, cabinet and agency orders, guidances, memoranda, directives, or actions
identified herein but not identified in 2021 SS HJR 1 shall be forwarded to the Secretary of State for posting
prominently on the Secretary of State's Web site.
Section 10. Upon the expiration of a SARS-CoV-2-related executive order, other directive, or
administrative regulation declaring an emergency or other implementation of powers under KRS Chapter 39A, the
Governor shall not declare a new SARS-CoV-2-related emergency or continue to implement any of the powers under
KRS Chapter 39A based upon the same or substantially similar facts and circumstances as the original declaration or
implementation without the prior approval of the General Assembly.
Section 11. If any suspension of statutes is included in the executive or administrative actions identified
herein, prior approval of the Attorney General shall be obtained as required by KRS 39A.180.
Section 12. (1) Notwithstanding any other statute or administrative regulation to the contrary, a school
district may temporarily assign students at the school, grade, classroom, or student group level to remote instruction
due to significant absences of students or staff related to the COVID-19 pandemic until June 30, 2022.
(2) With prior authorization from the local board of education, the decision to temporarily assign students
to remote instruction shall be at the discretion of the superintendent. The temporary assignment to remote instruction
shall be no longer than is necessary to alleviate student and staff absences due to COVID-19.
(3) Remote instruction may be provided to each school in a school district, including to a particular grade,
classroom, or group of students within the school, for up to 10 days per school under this section. A school district
shall not temporarily assign every student in the district to remote instruction under this section, unless all students in
the school district are located in a single school facility.
(4) Students temporarily assigned to remote instruction shall receive at least the minimum daily instruction
required pursuant to KRS 158.060, which shall include the content standards as provided in the Kentucky Academic
Standards.
(5) Remote instruction provided under this section shall not be counted against student attendance days
authorized under a school district's approved nontraditional instruction plan.
(6) The provisions of this section shall be retroactive to January 1, 2022.
Section 13. (1) Notwithstanding 2021 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 9, and notwithstanding any
provision of KRS 161.605 or 161.612 to the contrary, for the time period occurring on or after the effective date of
this Act and until June 30, 2022, the following shall apply to retirees who retired from the Teachers’ Retirement
System on or before August 1, 2021, and who subsequently return to employment for a local board of education in a
full-time or part-time certified or classified position, or in a position providing substitute certified or classified
services:
(a) The separation of service required shall be a bona fide separation of at least one month for retirees
returning to work in a full-time, part-time, or substitute certified or classified position with a local board of education.
The system shall not be able to extend the break in employment as provided by this paragraph unless an extension is
needed due to a conflict with federal law as described in subsection (4) of this section;
(b) The critical shortage program limitations on the number of retirees reemployed under the program by a
local school district as provided by KRS 161.605(8)(a) shall be increased to a maximum number of 10 percent of the
total active members employed by the local school district on a full-time basis as defined under KRS 161.220(21);
and
(c) Other than the temporary adjustments provided in this subsection, all other provisions of KRS 161.220
to 161.716 and 161.990 shall apply.
(2) The provisions of subsection (1) of this section shall expire on June 30, 2022. Upon expiration of these
temporary provisions, any future reemployment or ongoing reemployment of retirees subject to the provisions of
subsection (1) of this section shall, for such future or ongoing reemployment occurring after June 30, 2022, be subject
to KRS 161.605, including the existing limitations on the critical shortage program, except that a retiree who is
reemployed according to the provisions of subsection (1) of this section shall not be required to observe any
additional separation of service beyond the one month specified by subsection (1)(a) of this section if he or she
remains employed or is reemployed on or after June 30, 2022. ACTS OF THE GENERAL ASSEMBLY 6
(3) Additional costs incurred to school districts under this section for the hiring of critical shortage teachers
to meet the educational challenges of the COVID-19 pandemic are deemed a qualified expense by the General
Assembly for purposes of utilizing federal pandemic funds and shall be authorized for use by school districts for this
purpose unless in conflict with federal law.
(4) Any provision of subsection (1) and (2) of this section in conflict with federal law as determined by the
system shall be void. The school districts shall be notified of any provision in conflict that is voided.
Section 14. (1) Notwithstanding 2021 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 10, and notwithstanding any
provision of KRS 61.637 or 78.5540 to the contrary, for the time period occurring on or after the effective date of this
Act and until June 30, 2022, the following shall apply to retirees who retired from the systems on or before August 1,
2021, and who subsequently return to employment for a local board of education in a full-time or part-time certified
or classified position, or in a position providing substitute classified or certified services:
(a) The separation of service required shall be a bona fide separation of at least one month for retirees
returning to work in a full-time, substitute, or part-time certified or classified position with a local board of education.
The systems shall not be able to extend the break in employment as provided by this paragraph unless an extension is
needed due to a conflict with federal law as described in subsection (3) of this section; and
(b) Other than the temporary adjustments provided in this subsection, all other provisions of KRS 61.510 to
61.705 and 78.510 to 78.852 shall apply.
(2) The provisions of subsection (1) of this section shall expire on June 30, 2022. Upon expiration of these
temporary provisions, any future reemployment or ongoing reemployment of retirees hired under the provisions of
subsection (1) of this section shall, for such future or ongoing reemployment occurring after June 30, 2022, be subject
to KRS 61.637 or 78.5540, as applicable, except that a retiree who is reemployed according to the provisions of
subsection (1) of this section shall not be required to observe any additional separation of service beyond the one
month specified by subsection (1)(a) of this section if he or she remains employed or is reemployed on or after June
30, 2022.
(3) Any provision of this section in conflict with federal law as determined by the systems shall be void.
The school districts shall be notified of any provision in conflict that is voided.
Section 15. Nothing in this Act shall be interpreted to allow state agencies to remain closed for regular in-
person business.
Section 16. It is not the intention of the General Assembly that this Act should impair or delay the ability
of the Commonwealth to receive any federal stimulus or pandemic-related funds.
Section 17. Whereas, the General Assembly desires to ensure that the school children of the
Commonwealth remain in school with live instruction and that the citizens of the Commonwealth go about their
personal and professional business to the extent possible while remaining protected during the pandemic, an
emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its
otherwise becoming law.
Signed by Governor January 14, 2022.