UNOFFICIAL COPY 24 RS BR 1092
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AN ACT relating to health services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Health service" means any medical treatment or procedure; and 6
(b) "Seeking, obtaining, providing, or facilitating a health service" shall 7
include but not be limited to: 8
1. Reviewing or researching information related to a health service; 9
2. Expressing interest in a health service; 10
3. Offering to pay or provide, or paying or providing, financial assistance 11
for a health service; 12
4. Using, furnishing, providing, or disseminating any information 13
related to a health service; 14
5. Offering to provide or providing transportation for or related to a 15
health service; 16
6. Recommending, referring, arranging, assisting, or providing any 17
service related to obtaining a health service; 18
7. Providing any health service that is not prohibited in Kentucky; 19
8. Otherwise taking action to assist or obtain any health service; or 20
9. Attempting any action under subparagraphs 1. to 8. of this paragraph. 21
(2) Notwithstanding any other law to the contrary, a person, physician, health care 22
provider, medical referral or counseling agency, employer, or other individual or 23
entity shall not be subject to civil liability, criminal liability, or administrative 24
investigation for either or both of the following actions: 25
(a) Any act or attempted act to aid or encourage any person in connection with 26
seeking, obtaining, providing, or facilitating a health service that is provided 27 UNOFFICIAL COPY 24 RS BR 1092
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outside of Kentucky to a patient who resides in Kentucky and the health 1
service is lawful in the state in which it is to be provided; or 2
(b) The provision of any health service that occurs in Kentucky due to a 3
patient's use of a drug that: 4
1. Was lawfully provided to the patient outside of Kentucky for personal 5
and sole use; and 6
2. The patient personally transported the drug into Kentucky for the 7
patient's sole use. 8
(3) A medical record or other written, digital, or oral record created regarding any 9
action or attempted action protected under this section, or any information 10
contained in any such record, shall not be subject to disclosure or sale for the 11
purpose of either or both of the following: 12
(a) Investigating, tracking, or attempting to identify any person, physician, 13
health care provider, medical referral or counseling agency, employer, or 14
other individual or entity; or 15
(b) A criminal, civil, or administrative investigation into, or proceeding against, 16
any person in connection with seeking, obtaining, providing, or facilitating 17
a health service. 18
(4) A physician, health care provider, or other professional licensed in Kentucky 19
shall not be subject to any disciplinary action, including revocation, suspension, 20
initial denial, renewal denial, limitation, or restriction of a license, reprimand, or 21
monetary fine for any action or attempted action protected under this section. 22
(5) A business or organization shall not be refused a license to operate or do business 23
in Kentucky, or be subject to any monetary fine, based solely upon any action or 24
attempted action protected under this section. 25
(6) A public agency or employee, representative, or agent of a public agency, shall 26
not implement or enforce any regulation or policy that may prevent, restrict, 27 UNOFFICIAL COPY 24 RS BR 1092
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impede, or provide for any retaliation against the ability of either or both of the 1
following: 2
(a) Any person to travel across a state line for the purpose of obtaining a health 3
service that is lawful in the state in which the service is to be provided; or 4
(b) Any person, physician, health care provider, medical referral or counseling 5
agency, employer, or other individual or entity, to assist another person 6
traveling across a state line for the purpose of obtaining a health service 7
that is lawful in the state in which the service is to be provided. 8
(7) An action protected under this section shall not by itself constitute a violation of 9
KRS 529.100 or KRS 529.110. 10
(8) Nothing in this section shall be construed to create a right to the performance of 11
a health service in Kentucky that is otherwise prohibited by the laws of Kentucky. 12