Kentucky 2023 Regular Session

Kentucky House Bill HB239 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	23 RS BR 1178 
Page 1 of 1 
XXXX   2/9/2023 2:26 PM  	Jacketed 
AN ACT relating to hospital reporting of drug overdose information. 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) (a) When a person is admitted to a hospital emergency department and is in a 5 
critical or life-threatening condition and, in the attending health care 6 
provider's professional opinion, the person exhibits symptoms of a drug 7 
overdose or the person has a history of drug overdose treatment that is 8 
known to the attending health care provider, the attending health care 9 
provider shall order a quantitative and qualitative toxicology test to 10 
determine whether there is evidence that the cause of the person's overdose 11 
is an illicit drug. 12 
(b) If the person dies while still in the hospital, the test findings shall be 13 
reported to law enforcement of jurisdiction and the coroner as required 14 
under KRS 72.020. 15 
(2) A toxicology finding under this section shall not be a public record except as 16 
reported to law enforcement and the coroner. 17 
(3) A health care provider who administers a quantitative and qualitative toxicology 18 
test and reports the findings to law enforcement under this section is immune 19 
from any civil liability arising from that action in a suit brought on behalf of the 20 
person who experienced the drug overdose. 21