CHAPTER 309 Miscellaneous Occupations and Professions

Alcohol and Drug Counseling

309.080. Definitions for KRS 309.080 to 309.089.

As used in KRS 309.080 to 309.089 , unless the context otherwise requires:

  1. “Board” means the Kentucky Board of Alcohol and Drug Counselors;
  2. “Certified alcohol and drug counselor associate I” means a person certified by the board who meets the requirements of KRS 309.0841 ;
  3. “Certified alcohol and drug counselor associate II” means a person certified by the board who meets the requirements of KRS 309.0842 ;
  4. “Certified alcohol and drug counselor” means a person certified by the board who meets the requirements in KRS 309.083 ;
  5. “Certified clinical supervisor” means a person certified by the board who meets the requirements of Section 1 of this Act;
  6. “Certificate holder” means an alcohol and drug counselor who is certified pursuant to KRS 309.080 to 309.089 ;
  7. “Licensed alcohol and drug counselor” means a person licensed by the board who meets the requirements of Section 2 of this Act;
  8. “Licensed clinical alcohol and drug counselor” means a person licensed by the board who meets the requirements of KRS 309.0832 ;
  9. “Licensed clinical alcohol and drug counselor associate” means a person licensed by the board who meets the requirements of KRS 309.0833 ;
  10. “Licensee” means a clinical alcohol and drug counselor who is licensed pursuant to KRS 309.080 to 309.089 ;
  11. “Practice of alcohol and drug counseling”:
    1. Means the assessment and counseling of an individual, family, or group dealing with an alcohol or drug problem or addiction; and
    2. Does not include the diagnosis or treatment of a mental health condition, or the administration or interpretation of psychological tests;
  12. “Registered alcohol and drug peer support specialist” means a person registered by the board who meets the requirements in KRS 309.0831 ; and
  13. “Registrant” means an alcohol and drug peer support specialist who is registered pursuant to KRS 309.080 to 309.089 .

History. Enact. Acts 1996, ch. 96, § 1, effective July 15, 1996; 2015 ch. 29, § 1, effective June 24, 2015; 2020 ch. 99, § 4, effective March 1, 2021; 2021 ch. 107, § 3, effective March 24, 2021.

309.0805. Use of titles restricted to individuals who are licensed, certified, or registered with the board — Construction.

  1. No person shall use the title “certified clinical supervisor,” “licensed alcohol and drug counselor,” “licensed clinical alcohol and drug counselor,” “licensed clinical alcohol and drug counselor associate,” “certified alcohol and drug counselor,” “certified alcohol and drug counselor associate II,” “certified alcohol and drug counselor associate I,” or “registered alcohol and drug peer support specialist,” or hold himself or herself out as a “licensed clinical alcohol and drug counselor,” “licensed clinical alcohol and drug counselor associate,” “certified alcohol and drug counselor,” or “registered alcohol and drug peer support specialist” unless he or she is licensed, certified, or registered pursuant to KRS 309.080 to 309.089 .
  2. Nothing in KRS 309.080 to 309.089 shall apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, social workers, psychologists, marriage and family therapists, art therapists, nurses, or students in accredited training programs in those professions, and nothing in KRS 309.080 to 309.089 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public.
  3. Nothing in KRS 309.080 to 309.089 shall be construed to alter, amend, or interfere with the practice of those who render counseling services, including but not limited to employment counseling, job placement counseling, vocational rehabilitation counseling, pastoral counseling based on any tenet of one’s religious beliefs, or school counseling.
  4. Nothing in KRS 309.080 to 309.089 shall apply to the activities and services of a student intern or trainee who is pursuing a program of studies in alcohol and drug counseling at an accredited institution of higher education, if these activities are performed under the supervision or direction of an approved supervisor and the activities are part of the supervised program of studies.

History. Enact. Acts 1996, ch. 96, § 2, effective July 15, 1996; 2015 ch. 29, § 2, effective June 24, 2015; 2020 ch. 99, § 5, effective March 1, 2021; 2021 ch. 107, § 4, effective March 24, 2021.

309.081. Board of Alcohol and Drug Counselors.

  1. There is hereby created the Kentucky Board of Alcohol and Drug Counselors consisting of seven (7) members who shall be appointed by the Governor. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business of alcohol and drug counseling, and the six (6) remaining members shall be licensed clinical alcohol and drug counselors or certified alcohol and drug counselors, pursuant to KRS 309.080 to 309.089 . The board shall elect a chairperson each year at the first meeting called after the appointment of new members.
  2. Each member of the board shall serve for a term of four (4) years with a maximum of two (2) full consecutive terms.
  3. Each counselor member appointed to the board shall be a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor and shall be actively engaged in the practice or teaching of alcohol and drug counseling in Kentucky.
  4. All reappointments to and vacancies on the board shall be filled by the Governor from a list of three (3) names for each position that shall be submitted by the Kentucky Association of Addiction Professionals. The list shall consist of the three (3) nominees receiving the most votes in an election for each position to be filled. The election shall be administered by the Kentucky Association of Addiction Professionals, and nominations may be submitted by any interested party. The nominees shall be selected by all alcohol and drug counselors licensed or certified under KRS 309.080 to 309.089 . Vacancies shall be filled for the remainder of an unexpired term in the same manner as set out in this subsection.
  5. The citizen-at-large member shall be disqualified from serving on the board if:
    1. The member, a person who is a part of the member’s household, or the member’s relative becomes associated with or financially interested in the business of alcohol and drug counseling, or participates or has participated in a professional field related to alcohol and drug counseling; or
    2. The member, a person who is a part of the member’s household, or the member’s relative becomes, or is in training to become, a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor.
  6. A counselor member of the board shall be disqualified from serving on the board if:
    1. He or she violates the code of professional ethics or standards of practice established pursuant to KRS 309.0813 ; or
    2. He or she ceases to be a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor in Kentucky.
  7. Board members shall be reimbursed for all reasonable and necessary expenses they incur because of their board duties.

HISTORY: Enact. Acts 1996, ch. 96, § 3, effective July 15, 1996; 2015 ch. 29, § 3, effective June 24, 2015.

309.0813. Duties of board — Administrative regulations — Fees.

The board shall:

  1. Promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and enforcement of KRS 309.080 to 309.089 ;
  2. Promulgate administrative regulations pursuant to KRS Chapter 13A establishing a code of ethics, standards of practice, and continuing education for certified clinical supervisors, licensed alcohol and drug counselors, licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, certified alcohol and drug counselor associates II, certified alcohol and drug counselor associates I, and registered alcohol and drug peer support specialists;
  3. Approve and disapprove, at least once every other month, those persons who shall be licensed, certified, or registered under KRS 309.080 to 309.089 ;
  4. Approve the examination required of applicants for licensure or certification as certified clinical supervisors, alcohol and drug counselors and applicants for registration as alcohol and drug peer support specialists, and promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and grading of the examination;
  5. Promulgate administrative regulations pursuant to KRS Chapter 13A to define the process to register with the board as a certified clinical supervisor, licensed alcohol and drug counselor, registered alcohol and drug peer support specialist, certified alcohol and drug counselor, licensed clinical alcohol and drug counselor associate, or licensed clinical alcohol and drug counselor;
  6. Promulgate administrative regulations pursuant to KRS Chapter 13A establishing grounds and procedures for denying, suspending, failing to reissue, or revoking a license, certificate, or registration, and issuing reprimands and admonishments pursuant to KRS 309.080 to 309.089 ;
  7. Hold a hearing pursuant to KRS Chapter 13B upon the request of an aggrieved licensee, licensee associate, certificate holder, or registrant, or an applicant for a license, certificate, or registration;
  8. Employ needed personnel and establish their duties and compensation;
  9. Maintain a register of certified clinical supervisors, licensed alcohol and drug counselors, licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, and registered alcohol and drug peer support specialists;
  10. Keep a complete record of the board’s proceedings;
  11. Investigate suspected or alleged violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089 ;
  12. Promulgate administrative regulations pursuant to KRS Chapter 13A establishing an initial licensure fee, certification fee, registration fee, and annual renewal fees not to exceed three hundred dollars ($300) each;
  13. Take legal action as necessary to restrain or enjoin violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089 ;
  14. Submit an annual report to the Governor and the Legislative Research Commission by January 1 of each year, which lists all hearings conducted by the board and the decisions rendered; and
  15. Collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of the revolving fund established in KRS 309.082 .

History. Enact. Acts 1996, ch. 96, § 4, effective July 15, 1996; 2015 ch. 29, § 4, effective June 24, 2015; 2020 ch. 99, § 6, effective March 1, 2021; 2021 ch. 107, § 5, effective March 24, 2021.

309.0814. Administrative regulations regarding supervisors of record.

  1. The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to define the process to register with the board as a supervisor of record, including required supervisory training.
  2. A registered alcohol and drug peer support specialist shall only practice as an employee of a licensed facility or under the board-approved supervision of a certified alcohol and drug counselor or licensed clinical alcohol and drug counselor.

HISTORY: 2015 ch. 29, § 9, effective June 24, 2015.

309.082. Revolving fund for implementation of KRS 309.080 to 309.089.

  1. All license, certificate, and registration fees, charges, and fines, and other moneys collected by the board under KRS 309.080 to 309.089 and the administrative regulations of the board, shall be deposited into the State Treasury and credited to a revolving fund to be used by the board in carrying out KRS 309.080 to 309.089 , and are hereby appropriated for those purposes.
  2. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year. Any interest earnings of the fund shall become part of the fund and shall not lapse.

HISTORY: 2015 ch. 29, § 16, effective June 24, 2015.

309.083. Requirements for certification as alcohol and drug counselors.

An applicant for certification as an alcohol and drug counselor shall pay the board the initial fee for certification, and shall:

  1. Be at least eighteen (18) years of age;
  2. Have obtained a baccalaureate degree, unless the applicant is certified by the board as a certified alcohol and drug counselor associate II;
  3. Have completed the minimum work experience and supervision requirements for alcohol and drug counselors by the International Certification and Reciprocity Consortium with supervised hours being under the direct supervision of:
    1. A certified alcohol and drug counselor who has at least two (2) years of post-certification experience and has attended the board-sponsored supervision training; or
    2. A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training;
  4. Meet all minimum supervision, education, and training requirements of the International Certification and Reciprocity Consortium for the Alcohol and Drug Counselor (ADC);
  5. Have passed a written examination for alcohol and drug counselors that has been approved by the International Certification and Reciprocity Consortium;
  6. Have signed an agreement to abide by the standards of practice and code of ethics approved by the board;
  7. Have completed at least six (6) hours of ethics training; three (3) hours of domestic violence training; and two (2) hours of training in the transmission, control, treatment, and prevention of the human immunodeficiency virus;
  8. Have submitted two (2) letters of reference from certified or licensed clinical alcohol and drug counselors;
  9. Live or work at least a majority of the time in Kentucky; and
  10. Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder.

History. Enact. Acts 1996, ch. 96, § 5, effective July 15, 1996; 2003, ch. 36, § 1, effective June 24, 2003; 2015 ch. 29, § 6, effective June 24, 2015; 2020 ch. 99, § 7, effective March 1, 2021.

309.0831. Requirements for registration as an alcohol and drug peer support specialist.

An applicant for registration as an alcohol and drug peer support specialist shall pay the board an initial fee for registration, and shall:

  1. Be at least eighteen (18) years of age;
  2. Have obtained a high school diploma or equivalent;
  3. Have completed five hundred (500) hours of board-approved experience working with persons having a substance use disorder, twenty-five (25) hours of which shall have been under the direct supervision of:
    1. A certified alcohol and drug counselor who has at least two (2) years post-certification experience and has attended the board-sponsored supervision training; or
    2. A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training;
  4. Have completed at least forty (40) classroom hours of board-approved curriculum;
  5. Have passed a written examination that has been approved by the board;
  6. Have signed an agreement to abide by the standards of practice and code of ethics approved by the board;
  7. Attest to being in recovery for a minimum of one (1) year from a substance-related disorder;
  8. Have completed at least sixteen (16) hours of ethics training; three (3) hours of domestic violence training; two (2) hours of training in the transmission, control, treatment, and prevention of the human immunodeficiency virus; ten (10) hours of advocacy training; ten (10) hours of training in mentoring and education; and ten (10) hours of training in recovery support;
  9. Have submitted two (2) letters of reference from certified alcohol and drug counselors or licensed clinical alcohol and drug counselors;
  10. Live or work at least a majority of the time in Kentucky; and
  11. Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder.

HISTORY: 2015 ch. 29, § 5, effective June 24, 2015; 2020 ch. 99, § 8, effective March 1, 2021.

309.0832. Requirements for licensure as a licensed clinical alcohol and drug counselor.

An applicant for licensure as a licensed clinical alcohol and drug counselor shall pay the board the initial fee for licensure, and shall:

  1. Be at least eighteen (18) years of age;
  2. Have obtained from a regionally accredited college or university or a college or university accredited by an agency recognized by the United States Department of Education:
    1. A sixty (60) hour master’s degree in a behavioral science with clinical application;
    2. A thirty (30) hour advanced placement master’s degree in a behavioral science with clinical application; or
    3. A doctoral degree in a behavioral science with clinical application;
  3. Meet all education and supervision requirements of the International Certification and Reciprocity Consortium for the Advanced Alcohol and Drug Counselor (AADC);
  4. Have passed a written examination as specified by the board in administrative regulation;
  5. Have signed an agreement to abide by the standards of practice and code of ethics approved by the board;
  6. Have completed at least six (6) hours of ethics training; three (3) hours of domestic violence training; and two (2) hours training in the transmission, control, treatment, and prevention of the human immunodeficiency virus, in addition to the educational requirements in subsection (2) of this section;
  7. Have submitted two (2) letters of reference from certified alcohol and drug counselors or licensed clinical alcohol and drug counselors;
  8. Live or work at least a majority of the time in Kentucky; and
  9. Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder.

HISTORY: 2015 ch. 29, § 7, effective June 24, 2015; 2020 ch. 99, § 9, effective March 1, 2021; 2021 ch. 107, § 7, effective March 24, 2021.

309.0833. Requirements for licensure as a licensed clinical alcohol and drug counselor associate.

  1. An applicant for licensure as a licensed clinical alcohol and drug counselor associate shall:
    1. Pay the board the initial fee for licensure;
    2. Complete the requirements under KRS 309.0832(1) to (9); and
    3. Obtain a board-approved supervisor of record.
  2. Upon completion of the hours of board-approved experience, a licensed clinical alcohol and drug counselor associate may apply to the board for licensure as a licensed clinical alcohol and drug counselor.

HISTORY: 2015 ch. 29, § 8, effective June 24, 2015; 2020 ch. 99, § 10, effective March 1, 2021; 2021 ch. 107, § 8, effective March 24, 2021.

309.084. Certification of applicants — Administrative regulations.

  1. The board shall license, certify, or register, as appropriate, any applicant who meets all of the requirements for licensure, certification, or registration set out in KRS 309.083 , 309.083 1, and 309.0832 and subsection (2) of this section, pays the fees established by the board, and is not disqualified pursuant to KRS 309.086 .
    1. The board shall promulgate administrative regulations establishing a limited period of time, not less than ninety (90) days nor more than one (1) year, during which licensure may be extended to persons not meeting all the provisions of KRS 309.0832 if: (2) (a) The board shall promulgate administrative regulations establishing a limited period of time, not less than ninety (90) days nor more than one (1) year, during which licensure may be extended to persons not meeting all the provisions of KRS 309.0832 if:
      1. The person is a certified alcohol and drug counselor in Kentucky prior to June 24, 2015; and
      2. The applicant has a master’s degree or a doctoral degree in a behavioral science with clinical application from a regionally accredited college or university or a college or university accredited by an agency recognized by the United States Department of Education.
    2. After the expiration of the time period established by the board in administrative regulation under paragraph (a) of this subsection, the applicant for licensure shall meet the qualifications established in KRS 309.0832 or 309.0833 .
    3. Applicants granted licensure under paragraph (a) of this subsection shall be granted authority to provide clinical supervision, as specified in regulations promulgated in accordance with KRS 309.0814(1), without delay to alcohol and drug counselors currently holding certification or licensure and those seeking certification or licensure.

HISTORY: Enact. Acts 1996, ch. 96, § 6, effective July 15, 1996; 2003, ch. 36, § 2, effective June 24, 2003; 2015 ch. 29, § 10, effective June 24, 2015.

309.0841. Requirements for certification as a certified alcohol and drug counselor associate I.

  1. An applicant for certification as a certified alcohol and drug counselor associate I shall pay the board the initial fee for certification, and shall:
    1. Be at least eighteen (18) years of age;
    2. Have obtained a high school diploma or high school equivalency diploma;
    3. Have completed forty (40) classroom hours of board-approved curriculum, twenty (20) hours of which shall have been obtained in the previous two (2) years, that includes:
      1. Screening assessment and engagement;
      2. Treatment planning, collaboration, and referral;
      3. Counseling; and
      4. Professional and ethical responsibilities;
    4. Be under the ongoing supervision of a board-approved supervisor for no less than two (2) hours, two (2) times a month in the practice of drug and alcohol counseling; and
    5. Submit a signed statement agreeing to practice by the code of ethical standards adopted by the board.
  2. During the first twelve (12) months after an initial certificate has been issued, a certified alcohol and drug counselor associate I shall complete at least thirty (30) additional classroom hours of board-approved curriculum as specified in subsection (1)(c)1. to 4. of this section.

HISTORY: 2020 ch. 99, § 2, effective March 1, 2021.

309.0842. Requirements for certification as a certified alcohol and drug counselor associate II.

An applicant for certification as a certified alcohol and drug counselor associate II shall pay the board the initial fee for certification, and shall:

  1. Be certified by the board as a certified alcohol and drug counselor associate I for a period of at least eight (8) months;
  2. Have four hundred (400) hours of documented chemical dependency counseling-related compensated work or supervised internship experience of which a minimum of eighty (80) hours shall be in chemical dependency counseling and all of which shall have been under the direct supervision of:
    1. A certified alcohol and drug counselor who has at least two (2) years of post-certification experience and has attended the board-sponsored supervision training; or
    2. A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training; and
  3. Have seventy (70) hours of approved classroom hours of board-approved curriculum of which twenty (20) hours shall have been obtained in the previous two (2) years and shall be in addition to the classroom hours required in KRS 309.0841 for a certified alcohol and drug counselor associate I.

HISTORY: 2020 ch. 99, § 3, effective March 1, 2021.

309.085. Renewal of licenses, certificates, and registrations — Cancellation and reinstatement.

  1. A license, certificate, or registration issued pursuant to KRS 309.084 shall be renewed every three (3) years upon:
    1. Payment of the renewal fee as established pursuant to KRS 309.0813 ; and
    2. Completion of continuing education requirements, as established by the board by promulgation of an administrative regulation, not to exceed sixty (60) hours per renewal period.
  2. The board shall cancel any license, certificate, or registration not renewed within ninety (90) days after the renewal date; however, the board may reinstate the license, certificate, or registration upon its holder paying the renewal fee and satisfying the other reinstatement requirements as established by the board by administrative regulation within one (1) year of the anniversary date of issue of renewal.

HISTORY: Enact. Acts 1996, ch. 96, § 7, effective July 15, 1996; 2015 ch. 29, § 12, effective June 24, 2015.

309.086. Revocation, suspension, probation, or restriction of license, certificate, or registration — Hearings — Appeals.

  1. The board may revoke, suspend, place on probation, or restrict the license, certificate, or registration of a licensee, certificate holder, or registrant; refuse to issue or renew a license, certificate, or registration; and reprimand, admonish, or fine a licensee, certificate holder, or registrant for the following:
    1. Fraud or deceit in obtaining licensure, certification, or registration;
    2. Transferring the authority granted by the license, certificate, or registration to another person;
    3. Using unfair, false, misleading, or deceptive trade practices;
    4. Willfully or deliberately disregarding professional standards of practice or violating the code of ethics;
    5. Aiding and abetting a person who obtains a license, certificate, or registration fraudulently;
    6. Conspiring or combining with others to obtain a license, certificate, or registration to be used by an unlicensed, uncertified, or unregistered person with the intent to evade the provisions of KRS 309.080 to 309.089 and administrative regulations promulgated pursuant to those sections;
    7. Negligence or incompetence in complying with the applicable code of ethics and standards of practice or failure to comply with continuing education requirements;
    8. Violating KRS 309.080 to 309.089 and administrative regulations promulgated pursuant to those sections; or
    9. Being convicted of any crime as defined in KRS 335B.010 in which an element of the crime is dishonesty or fraud, within the past three (3) years, if in accordance with KRS Chapter 335B.
  2. The board shall, upon the request of a licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, or registered alcohol and drug peer support specialist, or an applicant for licensure, certification, or registration, hold a hearing pursuant to KRS Chapter 13B before denying an application; refusing to renew a license, certificate, or registration; suspending a license, certificate, or registration; or imposing a fine. The affected party may appeal the board’s decision in the Circuit Court where the licensee, certificate holder, or registrant resides. The action of the board shall remain in effect pending any appeals unless the board rescinds or modifies its order.

History. Enact. Acts 1996, ch. 96, § 8, effective July 15, 1996; 2015 ch. 29, § 13, effective June 24, 2015; 2017 ch. 158, § 41, effective June 29, 2017.

309.087. Application for reinstatement of revoked license, certificate, or registration.

A person whose license, certificate, or registration has been revoked may apply for reinstatement, no earlier than one (1) year from the date of revocation, in accordance with administrative regulations promulgated by the board.

HISTORY: Enact. Acts 1996, ch. 96, § 9, effective July 15, 1996; 2015 ch. 29, § 14, effective June 24, 2015.

309.088. Reciprocity for licensure, certification, and registration.

  1. The board may permit an out-of-state certified clinical supervisor, licensed alcohol and drug counselor, licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, certified alcohol and drug counselor associate II, certified alcohol and drug counselor associate I, or alcohol and drug peer support specialist to obtain a license, certificate, or registration by reciprocity if:
    1. The out-of-state licensee, certificate holder, or registrant possesses a valid license, certificate, or registration from another jurisdiction that grants the same privileges to persons licensed, certified, or registered by this state as Kentucky grants to persons licensed, certified, or registered by the other jurisdiction;
    2. The requirements for licensure, certification, or registration are substantially similar to the requirements in KRS 309.080 to 309.089 ; and
    3. The out-of-state licensee, certificate holder, or registrant seeking licensure, certification, or registration states that he or she has studied, is familiar with, and shall abide by KRS 309.080 to 309.089 and the administrative regulations promulgated thereunder.
  2. If the requirements for licensure, certification, or registration under KRS 309.080 to 309.089 are more restrictive than the standards of the other jurisdiction, then the out-of-state licensee, certificate holder, or registrant shall comply with the additional requirements in KRS 309.080 to 309.089 to obtain a reciprocal license, certificate, or registration.

HISTORY: 2015 ch. 29, § 11, effective June 24, 2015; 2020 ch. 99, § 11, effective March 1, 2021; 2021 ch. 107, § 6, effective March 24, 2021.

309.089. Additional penalties for licensees, certificate holders, or registrants.

In addition to the sanctions set out in KRS 309.086 , the board may impose the following sanctions on licensees, certificate holders, or registrants who violate the provisions of KRS 309.080 to 309.089 or administrative regulations promulgated pursuant to those sections:

  1. Suspend a license, certificate, or registration for a period of up to five (5) years; and
  2. Impose a fine of up to one thousand dollars ($1,000).

HISTORY: Enact. Acts 1996, ch. 96, § 10, effective July 15, 1996; 2015 ch. 29, § 15, effective June 24, 2015.

Art Therapy

309.130. Definitions for KRS 309.130 to 309.1399.

As used in KRS 309.130 to 309.1399 , unless the context otherwise requires:

  1. “Board” means the Kentucky Board of Licensure for Professional Art Therapists;
  2. “Licensed professional art therapist” means a person who has completed a master’s or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution, has completed all of the requirements set out in this chapter, and has been issued a license by the board for the independent practice of art therapy;
  3. “Licensed professional art therapist associate” means a person who has:
    1. Completed a master’s or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution; and
    2. Been issued a license by the board to practice art therapy under an approved clinical supervisor authorized by the board;
  4. “License holder” means a licensed professional art therapist or a licensed professional art therapist associate licensed under the provisions of KRS 309.130 to 309.1399 ;
  5. “The practice of professional art therapy” means the integrated use of psychotherapeutic principles, visual art media, and the creative process in the assessment, treatment, and remediation of psychosocial, emotional, cognitive, physical, and developmental disorders in children, adolescents, adults, families, and groups. Nothing in this subsection shall be construed to authorize any licensed professional art therapist to administer or interpret psychological tests in accordance with KRS Chapter 319; and
  6. “Accredited institution” means a university or college accredited by a nationally-recognized accrediting agency of institutions of higher education, or an institution or clinical program approved by the American Art Therapy Association, Inc.

History. Enact. Acts 1994, ch. 337, § 1, effective July 15, 1994; 2009, ch. 48, § 1, effective June 25, 2009; 2013, ch. 80, § 1, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.1305. Application of statutes — Construction of chapter — Misuse of title or status prohibited.

  1. No person shall use the title licensed professional art therapist or licensed professional art therapist associate or use “LPAT” or “LPATA” or a title or letters that are substantially the same, or hold himself or herself out as having this status unless he or she is licensed by the board.
  2. No person shall engage in the practice of art therapy unless he or she is licensed under KRS 309.130 to 309.1399 .
  3. KRS 309.130 to 309.1399 shall not apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, physical therapists, occupational therapists, social workers, psychologists, and nurses, or students within accredited training programs of these professions. Nothing in KRS 309.130 to 309.1399 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which these persons hold themselves out to the public.
  4. Nothing in KRS 309.130 to 309.1399 shall be construed to alter, amend, or interfere with the practice of employment counseling, job placement counseling, or school counseling.
  5. Nothing in KRS 309.130 to 309.1399 shall be construed to apply to the activities and services of a student intern or trainee in art therapy who is pursuing a program of studies in art therapy at an accredited institution of higher learning if the activities are performed under the supervision of a licensed art therapist and constitute a part of the supervised program of study and if the person is designated as an art therapist intern or student in training.

History. Enact. Acts 1994, ch. 337, § 9, effective July 15, 1994; 2009, ch. 48, § 2, effective June 25, 2009; 2013, ch. 80, § 2, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.131. Kentucky Board of Licensure for Professional Art Therapists.

  1. There is hereby created the Kentucky Board of Licensure for Professional Art Therapists that shall be attached to the Department of Professional Licensing in the Public Protection Cabinet for administrative purposes. The board shall consist of five (5) members who are United States citizens and have been Kentucky residents for at least five (5) years prior to their appointment. The board membership shall be determined as follows:
    1. Four (4) members shall be professional art therapists who are licensed pursuant to KRS 309.133 , and shall have engaged in art therapy practice for at least five (5) years. These members shall not hold any elected or appointed office in any professional organization of art therapy or closely related field during their tenure on the board; and
    2. One (1) member shall represent the public. The public member shall not have been licensed or have practiced as a professional art therapist, nor have any significant financial interest, either direct or indirect, in the profession of art therapy.
  2. All members of the board shall be appointed by the Governor for staggered terms of four (4) years.
  3. The four (4) professional members shall be appointed from a list of eight (8) names submitted by the board of directors of the Kentucky Art Therapy Association, Inc., and the one (1) public member shall be a citizen at large. Each member shall hold office until a successor is appointed. Vacancies shall be filled in the same manner as original appointments. No board member shall serve more than two (2) consecutive terms.
  4. Each board candidate shall be licensed as an art therapist prior to nomination and shall be actively engaged in the practicing or teaching of art therapy, except for the one (1) public member.
  5. Members of the board shall receive no compensation, perquisite, or allowance.
  6. The board shall elect annually from its membership a chairman, secretary, and other officers as necessary to carry out its duties.
  7. The board shall meet at least two (2) times each year. Additional meetings may be called by the chairman, upon the written request of at least two (2) members of the board. A simple majority of the board members shall constitute a quorum of the board.

History. Enact. Acts 1994, ch. 337, § 2, effective July 15, 1994; 2009, ch. 48, § 3, effective June 25, 2009; 2010, ch. 24, § 1666, effective July 15, 2010; 2017 ch. 178, § 20, effective April 11, 2017.

Legislative Research Commission Note.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.1315. Duties of board.

The board shall:

  1. Promulgate administrative regulations necessary to carry out the provisions of KRS 309.130 to 309.1399 ;
  2. Select the examinations for licensure and administer the examinations at least annually;
  3. Establish the application deadline for and score required to pass the examinations;
  4. Process applications and conduct and review the required examinations;
  5. Issue licenses to applicants who meet the requirements of KRS 309.133 to 309.137 ;
  6. Deny, suspend, or revoke a license to practice art therapy;
  7. Censure, reprimand, or place a license holder or applicant on probation for a period not to exceed one (1) year;
  8. Maintain a current register of license holders as a matter of public record;
  9. Establish criteria for continuing education;
  10. Establish procedures for receiving, investigating, and resolving complaints against license holders;
  11. Conduct administrative hearings in accordance with KRS Chapter 13B for disciplinary actions taken under authority of subsections (6) and (7) of this section;
  12. Approve the level of supervision and experience required for persons seeking licensure;
  13. Assess fees for the issuance and renewal of licenses to cover administrative and operating expenses of the board, and authorize all disbursements necessary to carry out the provisions of KRS 309.130 to 309.1399 ;
  14. Implement an impaired professional art therapist treatment program;
  15. Establish a code of ethics for license holders;
  16. Establish requirements for supervision and qualifications of supervisors; and
  17. Establish conditions for inactive status and return to active status for license holders.

History. Enact. Acts 1994, ch. 337, § 3, effective July 15, 1994; 1996, ch. 318, § 249, effective July 15, 1996; 2009, ch. 48, § 4, effective June 25, 2009; 2013, ch. 80, § 3, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.133. Requirements for licensure — Licensure without examination — Reciprocity.

  1. The board shall issue a license as a licensed professional art therapist to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant is at least twenty-one (21) years of age, demonstrates professional competency by satisfactorily passing the required examination, is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., is a board certified art therapist as defined by the Art Therapy Credentials Board, Inc., and has:
    1. Received a master’s degree or doctoral degree in art therapy that includes six hundred (600) hours of supervised internship experience from an accredited institution and has completed an additional one thousand (1,000) client contact hours of postgraduate experience under appropriate supervision; or
    2. Received a master’s degree or doctoral degree in a related field, has a minimum of twenty-one (21) semester hours of sequential course work in the history, theory, and practice of art therapy, has completed seven hundred (700) hours of supervised internship experience from an accredited institution, and has completed an additional two thousand (2,000) client contact hours of postgraduate experience under appropriate supervision.
  2. The board may approve on a case-by-case basis applicants who have a master’s degree or a doctoral degree from nonaccredited institutions.
  3. If an applicant has met all of the requirements for licensure except satisfactorily passing the required examination, the applicant shall be scheduled to take the next examination following the approval of the application.
  4. The board may issue a license to an applicant without examination if the person possesses a valid regulatory document issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia, or any foreign nation that in the judgment of the board has requirements substantially equivalent to or exceeding the requirements in this section.
  5. The board may set criteria for continuing education and supervisory experience.

History. Enact. Acts 1994, ch. 337, § 4, effective July 15, 1994; 2009, ch. 48, § 5, effective June 25, 2009.

Legislative Research Commission Note.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.1335. Renewal of license — Continuing education experience requirement — Suspension — Reinstatement — Retirement notification.

  1. Each license holder shall renew the license to practice art therapy biennially by:
    1. Submitting a renewal application on a form provided by the board;
    2. Paying a license renewal fee; and
    3. Producing evidence of completion of relevant professional continuing education experience satisfactory to the board and not to exceed forty (40) hours per renewal cycle.
  2. A ninety (90) day grace period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements.
  3. Any license granted by the board shall be automatically suspended if the holder fails to apply for the license renewal pursuant to this section within a period of three (3) months after the renewal deadline; however, any suspended license may be restored by the board upon payment of a reinstatement fee not to exceed one hundred dollars ($100) in addition to any unpaid renewal or late fees. Failure to renew a license within three (3) months from the date of suspension as provided in this section shall cause the license to be automatically revoked. Reinstatement of a revoked license shall require the license holder to reapply and meet all current standards for licensure.
  4. A person licensed under the provisions of KRS 309.133 who intends to retire as a licensed professional art therapist, or as a licensed professional art therapist associate, shall notify the board in writing before the expiration of his or her current license. If, within a period of five (5) years from the year of retirement, the license holder wishes to resume practice as a licensed professional art therapist, or as a licensed professional art therapist associate, he or she shall notify the board in writing, and upon giving proof of completing the required continuing education and the payment of an amount equivalent to elapsed renewal fees, and for the licensed professional art therapist associate, obtaining a board-approved supervisor of record, the license shall be restored in full effect.

History. Enact. Acts 1994, ch. 337, § 5, effective July 15, 1994; 2009, ch. 48, § 6, effective June 25, 2009; 2013, ch. 80, § 5, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.134. Licensure of professional art therapy associate — Education — Supervision — Terms of licensure — Advancement.

  1. The board may issue a license as a professional art therapist associate for a period of up to five (5) years to an applicant who has;
    1. Completed the educational requirements for registration with the Art Therapy Credentials Board, Inc.;
    2. Obtained a board-approved supervisor of record; and
    3. Paid the required fees.
  2. A licensed professional art therapist associate shall maintain on-going supervision as approved by the board until he or she:
    1. Is registered by the Art Therapy Credentials Board, Inc.; and
    2. Has passed an examination approved by the board.
  3. At the end of the five (5) year period approved under subsection (1) of this section, a licensed professional art therapist associate who has not completed the requirements for licensure as a professional art therapist shall submit to the board an application for an extension of licensure as a professional art therapy associate. The application shall include:
    1. A plan for completing the requirements to obtain licensure as a professional art therapist;
    2. Documentation of compliance with the continuing education requirements;
    3. Reports of compliance with supervisory requirements;
    4. Letters of recommendation from two (2) supervisors of record; and
    5. Payment of an extension fee not to exceed one hundred dollars ($100).
  4. Upon review of the application and accompanying documentation, the board may approve an extension of the license as a professional art therapist for a period of time not to exceed two (2) years.
  5. If, at the end of the period of extension referenced in subsection (4) of this section, the applicant has not completed all requirements for licensure as a professional art therapist, the board shall rescind the license as a professional art therapist associate and the individual may no longer practice art therapy, or refer to himself or herself by any title which would indicate that he or she is credentialed by the board.
  6. A licensed professional art therapist associate may apply for the credential of licensed professional art therapist upon:
    1. Registration with the Art Therapy Credentials Board, Inc.; and
    2. Passage of an examination approved by the board.
  7. An individual who is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., but who has not passed the required examination, shall:
    1. Maintain the professional art therapist associate license in order to practice under board-approved supervision; and
    2. Be scheduled to take the next examination following the approval of the professional art therapist license application.
  8. A professional art therapist associate shall not supervise licensed professional art therapists, licensed professional art therapist associates, or applicants for these licenses.

History. Enact. Acts 2013, ch. 80, § 4, effective June 25, 2013.

309.135. Fees.

The board shall set the amount of the fees required to be paid by the applicants for licensure and the license holders including, but not limited to, the following:

  1. For an application for initial licensure as a licensed professional art therapist, the fee shall be nonrefundable and shall not exceed two hundred dollars ($200);
  2. For an application for initial licensure as a licensed professional art therapist associate, the fee shall be nonrefundable and shall not exceed one hundred dollars ($100);
  3. To take an examination, the fee shall not exceed one hundred dollars ($100), or, if a national examination is used, the amount of the fee shall not exceed the cost of the examination by more than twenty-five percent (25%);
  4. The renewal fee for a licensed professional art therapist shall not exceed two hundred dollars ($200);
  5. The renewal fee for a licensed professional art therapist associate shall not exceed one hundred dollars ($100);
  6. For a duplicate or replacement license, the fee shall not exceed twenty-five dollars ($25);
  7. For failure to renew a license for a licensed professional art therapist within the allotted grace period pursuant to KRS 309.1335(3), the fee shall not exceed one hundred dollars ($100);
  8. For failure to renew a license for a licensed professional art therapist associate within the allotted grace period pursuant to KRS 309.1335 , the fee shall not exceed fifty dollars ($50); and
  9. Other reasonable fees for administrative services.

History. Enact. Acts 1994, ch. 337, § 6, effective July 15, 1994; 2009, ch. 48, § 7, effective June 25, 2009; 2013, ch. 80, § 6, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: “Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335 ] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137 ] and 10 [KRS 309.1375 ] of this Act.”

309.137. Disciplinary action.

  1. The board may refuse to issue a license or may deny any application, or suspend, or revoke, impose probationary conditions upon, issue a written reprimand or admonishment, or perform any combination thereof regarding any license held or applied for under the provisions of KRS 309.133 if the person:
    1. Is found guilty of fraud, deceit, or misrepresentation in procuring or renewing or attempting to procure or renew a license to practice art therapy;
    2. Committed any unfair, false, misleading, or deceptive act or practice;
    3. Has been negligent in the practice of art therapy;
    4. Is adjudicated mentally incompetent;
    5. Is found guilty of a crime as defined in KRS 335B.010 involving sexual misconduct or where dishonesty is a necessary element, if in accordance with KRS Chapter 335B. Conviction includes all instances in which a plea of no contest is the basis of the conviction;
    6. Is found guilty of unprofessional or unethical conduct in this or any other jurisdiction;
    7. Has been using any controlled substance or alcoholic beverage to an extent or in a manner dangerous to the person, any other person, or the public, or to an extent that the use impairs the ability to perform as a licensed professional art therapist;
    8. Has violated any provision of KRS 309.130 to 309.1399 or administrative regulations promulgated thereunder;
    9. Failed to comply with an order issued by the board or an assurance of voluntary compliance; or
    10. Willfully or negligently divulges a professional confidence.
  2. A certified copy of the record of conviction shall be conclusive evidence of the conviction.
  3. Disciplinary proceedings may be initiated upon the receipt by the board of a sworn complaint by any person, including members of the board.
  4. Two (2) years from the date of revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the licensee if the board finds that the individual has complied with any terms prescribed by the board and is able to competently engage in the practice of art therapy.
  5. If, after an investigation that includes an opportunity for the licensee to respond, the board determines that a violation took place but was not of a serious nature, it may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for a hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for a hearing under KRS Chapter 13B.
  6. The surrender of a license shall not deprive the board of its jurisdiction to proceed with disciplinary actions authorized under KRS 309.130 to 309.1399 .

HISTORY: Enact. Acts 1994, ch. 337, § 7, effective July 15, 1994; 2009, ch. 48, § 8, effective June 25, 2009; 2017 ch. 158, § 42, effective June 29, 2017.

309.1375. Administrative hearings concerning disciplinary actions.

  1. Before denying, revoking, suspending, imposing probationary or supervisory conditions upon a license, issuing a written reprimand, or doing any combination of those regarding any licensee or applicant under KRS 309.130 to 309.1399 , the board shall set the matter for hearing as provided by KRS Chapter 13B.
  2. After revoking, suspending, imposing probationary or supervisory conditions upon a license, issuing a written reprimand, or doing any combination of those regarding a licensee or applicant, the board shall set the matter for a hearing upon the written request of the applicant or licensee within thirty (30) days of the applicant’s or licensee’s receipt of the letter advising him or her of the denial, refusal, admonishment, revocation, suspension, or other disciplinary action taken.
  3. Any party aggrieved by a final order of the board may appeal to the Circuit Court of the county where the alleged violation occurred as provided by KRS Chapter 13B.

History. Enact. Acts 2009, ch. 48, § 10, effective June 25, 2009.

309.138. Licensed professional art therapy practice board fund.

There is hereby created in the State Treasury the licensed professional art therapy practice board fund. All funds received by the board under the provisions of KRS 309.133 to 309.137 shall be deposited with the State Treasurer for credit to the licensed professional art therapy board fund. The State Treasurer shall invest the fund as all other state funds are invested and income from investment of the fund shall be credited to the fund. The balance remaining in the fund at the end of any fiscal year shall not revert to the general fund. The money in the licensed professional art therapy board fund shall be appropriated to the board and shall be used for the purpose of carrying out the provisions of KRS 309.130 to 309.1399 .

History. Enact. Acts 1994, ch. 337, § 8, effective July 15, 1994; 2009, ch. 48, § 9, effective June 25, 2009.

309.1399. Penalty.

Any person who violates or aids in the violation of the provisions of KRS 309.130 to 309.1399 shall upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

History. Enact. Acts 1994, ch. 337, § 10, effective July 15, 1994; 2009, ch. 48, § 11, effective June 25, 2009.

Interpretation for the Deaf and Hard of Hearing

309.300. Definitions for KRS 309.300 to 309.319.

As used in KRS 309.300 to 309.319 , unless the context otherwise requires:

  1. “Board” means Kentucky Board of Interpreters for the Deaf and Hard of Hearing.
  2. “Committee” means Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee.
  3. “Consumer” means a person who is deaf, hard of hearing, or who requires special communication techniques in order to communicate.
  4. “Interpreter” means a person who engages in the practice of interpreting.
  5. “Interpreting” means the translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or the translating of a consumer’s specialized vocabulary to English concepts. Necessary specialized vocabularies include, but are not limited to, American Sign Language, English-based sign language, cued speech, and oral interpreting.
  6. “Nationally recognized certification” means certification granted by a national organization that is based on a skills assessment of the applicant. These organizations include, but are not limited to, the Registry of Interpreters for the Deaf, the National Association of the Deaf, and the National Training, Evaluation, and Certification Unit.

History. Enact. Acts 1998, ch. 11, § 1, effective July 15, 1998.

309.301. Licensing for interpreters required — Exceptions.

  1. Effective July 1, 2003, no person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in KRS 309.300 unless he or she is licensed in accordance with the provisions of KRS 309.300 to 309.319 .
  2. The provisions of KRS 309.300 to 309.319 shall not apply to:
    1. Nonresident interpreters working in the Commonwealth less than twenty (20) days per year;
    2. Interpreters working at religious activities;
    3. Interpreters working as volunteers without compensation. However, all volunteers interpreting for state agencies must be eligible for licensure as described in KRS 309.312 ;
    4. Interpreters working in an emergency. An emergency is a situation where the consumer decides that the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer; or
    5. The activities and services of an interpreter intern or a student in training who is:
      1. Enrolled in a program of study in interpreting at an accredited institution of higher learning;
      2. Interpreting under the supervision of a licensed interpreter as part of a supervised program of study; and
      3. Identified as an interpreter intern or student in training.

History. Enact. Acts 1998, ch. 11, § 2, effective July 15, 1998.

309.302. Kentucky Board of Interpreters for the Deaf and Hard of Hearing.

  1. There is hereby created a board to be known as the “Kentucky Board of Interpreters for the Deaf and Hard of Hearing.”
  2. The board shall consist of seven (7) members appointed by the Governor as follows:
    1. Five (5) practicing interpreters who hold current nationally recognized certification and have at least five (5) years interpreting experience;
    2. One (1) deaf interpreter with past or current nationally recognized certification; and
    3. One (1) consumer with knowledge about interpreter issues.
  3. After the initial term of each appointment, all members shall be appointed for a term of four (4) years.
  4. Board members shall not be allowed to succeed themselves but a former member may be reappointed to the board if that member has not served in the preceding four (4) years.
  5. The members of the board shall receive no compensation for their services on the board, but they shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
  6. The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer from the members of the board.
  7. The board shall hold at least one (1) meeting annually and additional meetings as the board may deem necessary. The additional meetings may be held upon call of the chairman or upon written request of a quorum. Four (4) members of the board shall constitute a quorum to conduct business.
  8. Upon recommendation of the board, the Governor may remove any member of the board for neglect of duty or malfeasance in office.

History. Enact. Acts 1998, ch. 11, § 3, effective July 15, 1998.

309.304. Powers and duties of board — Administrative regulations.

  1. The board shall administer and enforce the provisions of this chapter and shall have the responsibility of evaluating the qualifications of applicants for licensure and the issuance of licenses.
  2. The board may issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter.
  3. The board shall promulgate necessary and reasonable administrative regulations in accordance with KRS Chapter 13A and this chapter to effectively carry out and enforce the provisions of KRS 309.300 to 309.319 , including regulations to establish authorized fees. Fees shall not exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of KRS 309.300 to 309.319 .
  4. The board may conduct hearings in accordance with KRS Chapter 13B and keep records and minutes necessary to carry out the functions of KRS 309.300 to 309.319 .
  5. The board may renew licenses and require continuing education as a condition for renewal.
  6. The board may suspend or revoke licenses, or impose supervisory or probationary conditions upon licensees, or impose administrative disciplinary fines, issue written reprimands, or any combination thereof.
  7. The board may seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of interpreting by unlicensed persons.
  8. The board may employ any persons it deems necessary to carry on the work of the board, and shall define their duties and fix their compensation.
  9. Beginning in 1999, on October 1 of each year, the board shall submit a report to the Legislative Research Commission indicating:
    1. The current number of licensed interpreters; and
    2. The number of complaints received against interpreters and any disciplinary action taken within the previous calendar year.

History. Enact. Acts 1998, ch. 11, § 4, effective July 15, 1998.

309.306. Fees credited to revolving fund.

  1. All fees and other moneys received by the board under the provisions of KRS 309.300 to 309.319 shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board.
  2. No part of this revolving fund shall revert to the general fund of this Commonwealth.
  3. This revolving fund shall pay for the reimbursement of board members for actual and necessary expenses incurred in the performance of their official duties, the compensation of all of the employees of the board, and those operational expenses incurred in fulfilling the board’s duties as described in administrative regulation.

History. Enact. Acts 1998, ch. 11, § 5, effective July 15, 1998.

309.308. Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee.

  1. There is hereby created a committee to be known as the “Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee.”
  2. The committee shall consist of ten (10) members as follows:
    1. The president or a designee of:
      1. Kentucky Association of the Deaf; and
      2. Kentucky Registry of Interpreters for the Deaf;
    2. A representative from:
      1. Kentucky Commission on the Deaf and Hard of Hearing (KCDHH);
      2. Eastern Kentucky University Interpreter Training Program;
      3. Kentucky Department of Education;
      4. Kentucky Office of Vocational Rehabilitation;
      5. Kentucky School for the Deaf; and
      6. Cabinet for Health and Family Services; and
    3. Two (2) members at large, who are consumers, appointed by the board.
  3. The members of the committee shall receive no compensation for their services on the committee. The member from the Kentucky Association of the Deaf, the member from the Kentucky Registry of Interpreters for the Deaf, and the at-large members shall be reimbursed for actual and necessary expenses incurred in the performance of their committee duties.

History. Enact. Acts 1998, ch. 11, § 6, effective July 15, 1998; 2005, ch. 99, § 65, effective June 20, 2005; 2006, ch. 211, § 129, effective July 12, 2006.

309.310. Duties of policy committee.

  1. The committee shall provide ongoing advice and input to the board regarding the criteria for licensure and the ratio between consumer demand and the existing supply of licensed interpreters or those eligible for licensure.
  2. The committee shall make recommendations to the board regarding the content of relevant administrative regulations.
  3. The committee shall provide ongoing review of professional development and support systems for interpreters including existing public and private education programs and training resources within the Commonwealth.

History. Enact. Acts 1998, ch. 11, § 7, effective July 15, 1998.

309.312. Eligibility for license and temporary license.

  1. To be eligible for licensure by the board as an interpreter, the applicant shall submit an application which includes:
    1. An application fee; and
    2. Current certification from a nationally recognized organization at the requisite level for sign language interpreters, oral interpreters, or cued speech transliterators as determined by the board and promulgated by administrative regulation.
  2. The board shall issue an interpreter license to an applicant who fulfills these requirements. The front of the license shall clearly list all certifications held by the licensee.
  3. The board may issue a temporary license as an interpreter to an applicant who is certified at a level below that required for licensure in subsection (1) of this section. A temporary license shall be available for a person who is training under the supervision of a licensed interpreter under circumstances defined by the board in administrative regulation. A temporary license is valid for only a certain period until the licensee achieves the minimum level of certification required for licensure under subsection (1) of this section. A temporary license is not renewable although extensions may be granted under circumstances defined by administrative regulation.
    1. For graduates of a baccalaureate interpreter training program, a temporary license shall be valid for up to one (1) year.
    2. For graduates of an associate of arts interpreter training program, a temporary license shall be valid for up to two (2) years.
    3. For nondegree applicants, a temporary license shall be valid for up to two (2) years.
  4. Upon payment of the application fee, the board shall grant licensure to an applicant holding a valid license, certificate, or equivalent issued by another state if it is based upon standards equivalent to or exceeding the standards required by KRS 309.300 to 309.319 .

History. Enact. Acts 1998, ch. 11, § 8, effective July 15, 1998.

309.314. Renewal and reinstatement of license — Continuing education.

  1. Each person licensed as an interpreter shall annually, on or before July 1, submit to the board current proof of nationally recognized certification and pay a fee for the renewal of the interpreter license. The amount of the fee shall be promulgated by administrative regulation of the board. All licenses not renewed by July 1 of each year shall expire.
  2. A sixty (60) day grace period shall be allowed after July 1, during which time individuals may continue to practice and may renew their licenses upon payment of the renewal fee plus a late renewal fee as promulgated by administrative regulation of the board.
  3. All licenses not renewed by August 31 shall terminate based on the failure of the individual to renew in a timely manner. Upon termination, the licensee is no longer eligible to practice in the Commonwealth.
  4. After the sixty (60) day grace period, but before five (5) years from the date of termination, individuals with a terminated license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulation of the board.
  5. A suspended license is subject to expiration and termination and may be renewed as provided in KRS 309.300 to 309.319 . Renewal shall not entitle the licensee to engage in the practice of interpreting until the suspension has ended or is otherwise removed by the board and the right to practice is restored by the board.
  6. A revoked license is subject to expiration and termination but shall not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee as set forth in subsection (4) of this section and the renewal fee as set forth in subsection (1) of this section.
  7. The board may require that a person applying for renewal or reinstatement of licensure show evidence of completion of continuing education as prescribed by the board by administrative regulation.

History. Enact. Acts 1998, ch. 11, § 9, effective July 15, 1998.

309.316. Classification of offenses — Investigation of wrongdoing — Hearing — Sanctions — Hearing for denial of application.

  1. The board shall by administrative regulation classify types of offenses and the recommended administrative action. The type of action to be taken shall be based on the nature, severity, and frequency of the offense. Administrative action authorized in this section shall be in addition to any criminal penalties provided in KRS 309.300 to 309.319 or under other provisions of law.
  2. The board may investigate allegations of wrongdoing upon complaint or upon its own volition. The board shall establish procedures for receiving and investigating complaints by administrative regulation.
  3. If the board’s investigation reveals evidence supporting the complaint, the board shall set the matter for hearing in accordance with the provisions of KRS Chapter 13B before suspending, revoking, imposing probationary or supervisory conditions or an administrative fine, issuing a written reprimand, or any combination of actions regarding any license under the provisions of this chapter.
  4. If, after an investigation that includes opportunity for the licensee to respond, the board determines that a violation took place but was not of a serious nature, it may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for hearing under the provisions of KRS Chapter 13B.
  5. After denying an application under the provisions of KRS 309.300 to 309.319 , the board may grant a hearing to the denied applicant in accordance with the provisions of KRS Chapter 13B.

History. Enact. Acts 1998, ch. 11, § 10, effective July 15, 1998.

309.318. Board’s disciplinary powers — Reasons for sanctions — Appeal to Franklin Circuit Court.

  1. The board may refuse to issue a license or suspend, revoke, impose probationary conditions upon, impose an administrative fine, issue a written reprimand, or any combination thereof regarding any licensee upon proof that the licensee has:
    1. Been convicted of a crime as described in KRS 335B.010(4) that directly relates to the occupation of interpreter, if in accordance with KRS Chapter 335B. A plea of “no contest” may be treated as a conviction for purposes of disciplinary action;
    2. Knowingly misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof;
    3. Committed any fraudulent act or practice;
    4. Been incompetent or negligent in the practice of interpreting;
    5. Violated any state statute or administrative regulation governing the practice of interpreting;
    6. Violated the code of ethics of the national organization issuing the licensee’s certification as incorporated in administrative regulation; or
    7. Violated any federal or state law considered by the board to be applicable to the practice of interpreting.
  2. When the board issues a written reprimand to the licensee, a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
  3. At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee which effectively deals with the complaint.
  4. The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary action.
  5. Five (5) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in the practice of interpreting.
  6. Any party aggrieved by a disciplinary action of the board may bring an action in Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.

HISTORY: Enact. Acts 1998, ch. 11, § 11, effective July 15, 1998; 2017 ch. 158, § 43, effective June 29, 2017.

309.319. Penalty.

Any person who shall violate or aid in the violation of any of the provisions of KRS 309.301 shall be guilty of a Class B misdemeanor.

History. Enact. Acts 1998, ch. 11, § 12, effective July 15, 1998.

Research References and Practice Aids

Cross-References.

Designation of offenses, see KRS 532.020 .

Sentence of imprisonment for misdemeanor, KRS 532.090 .

Licensed Diabetes Educators

309.325. Definitions for KRS 309.325 to 309.339.

As used in KRS 309.325 to 309.339 , unless the context requires otherwise:

  1. “Board” means the Kentucky Board of Licensed Diabetes Educators;
  2. “Diabetes education” means a comprehensive collaborative process through which people with or at risk for diabetes gain the knowledge and skills needed to modify behavior and successfully self-manage the disease and its related conditions;
  3. “Licensed diabetes educator” means a health care professional who has met the requirements of KRS 309.335 , 309.337 , and 309.339 and who focuses on training or educating people with or at risk for diabetes and related conditions to change their behavior to achieve better clinical outcomes and improved health status. The nondiabetes educator health professional and the nonhealth-care professional who provide or support health care services to individuals with diabetes as defined by the American Association of Diabetes Educators, Competencies for Diabetes Educators, shall work under the direction of a qualified diabetes care provider;
  4. “Practice of diabetes education” means assessing and developing a plan of care for a person with or at risk of diabetes, identifying self-management goals for the person, providing self-management training according to the plan, evaluating the individual’s outcome and recording a complete record of the individual’s experience and follow-ups;
  5. “Apprentice diabetes educator” means a person who holds a permit issued by the board to practice diabetes education who meets the requirements of KRS 309.334 and the corresponding administrative regulations promulgated by the board; and
  6. “Master licensed diabetes educator” means a licensed diabetes educator who has successfully completed the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators as a certified diabetes educator or a board-certified advanced diabetes manager.

History. Enact. Acts 2011, ch. 87, § 1, effective June 8, 2011; 2012, ch. 142, § 1, effective July 12, 2012; 2013, ch. 118, § 1, effective June 25, 2013.

309.327. Use of titles — Application and construction of KRS 309.325 to 309.339.

  1. A person shall use the title “master licensed diabetes educator,” “licensed diabetes educator,” or “apprentice diabetes educator” or hold himself or herself out as a “master licensed diabetes educator,” “licensed diabetes educator,” or “apprentice diabetes educator” or a title substantially similar, or engage in the practice of diabetes education, display a sign or in any other way advertise or present himself or herself as a person who practices diabetes education only if he or she holds a current, unsuspended and unrevoked license or permit issued by the board pursuant to KRS 309.325 to 309.339 .
  2. Nothing in KRS 309.325 to 309.339 shall apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, nurses, pharmacists, dietitians, and nutritionists or students in accredited training programs in those professions, and nothing in KRS 309.325 to 309.339 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public.
  3. Nothing in KRS 309.325 to 309.339 shall be construed to alter, amend, or interfere with the practice of those who provide health care services, including but not limited to physicians, nurses, pharmacists, dietitians, and nutritionists.
  4. Nothing in KRS 309.325 to 309.339 shall apply to activities and services of an accredited institution of higher education as part of a program of studies.

History. Enact. Acts 2011, ch. 87, § 2, effective June 8, 2011; 2012, ch. 142, § 2, effective July 12, 2012; 2013, ch. 118, § 4, effective July 1, 2014.

309.328. Penalty for violation of KRS 309.327(1).

Any person who violates KRS 309.327(1) shall be guilty of a Class A misdemeanor.

History. Enact. Acts 2012, ch. 142, § 3, effective July 12, 2012.

309.329. Kentucky Board of Licensed Diabetes Educators.

  1. There is hereby created the Kentucky Board of Licensed Diabetes Educators consisting of five (5) members who shall be appointed by the Governor as follows:
    1. One (1) member shall be a licensed medical physician with experience in the delivery of diabetes education appointed from a list of three (3) names submitted by the State Board of Medical Licensure;
    2. One (1) member shall be a registered nurse with experience in diabetes education appointed from a list of three (3) names submitted by the Kentucky Board of Nursing;
    3. One (1) member shall be a pharmacist experienced in diabetes education, licensed under KRS Chapter 315, and appointed from a list of three (3) names submitted by the Kentucky Board of Pharmacy;
    4. One (1) member shall be a licensed dietitian or certified nutritionist with experience in diabetes education appointed from a list of three (3) names submitted by the Kentucky Board of Licensure and Certification for Dietitians and Nutritionists; and
    5. One (1) member shall be a citizen at large who is not employed in the health care field.

      One (1) of the members appointed under paragraph (b), (c), or (d) of this subsection shall have completed either the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators.

    1. The Governor shall initially appoint one (1) member and the citizen at large to terms of four (4) years, two (2) members to terms of three (3) years, and one (1) member to a term of two (2) years. (2) (a) The Governor shall initially appoint one (1) member and the citizen at large to terms of four (4) years, two (2) members to terms of three (3) years, and one (1) member to a term of two (2) years.
    2. All reappointments to the board shall be for terms of four (4) years.
    3. No member shall serve more than two (2) consecutive terms and shall serve on the board until his or her successor is appointed.
  2. The board shall organize annually and elect one (1) of its members as chair and one (1) of its members as secretary. A quorum of the board shall consist of three (3) members. The board shall meet at least semiannually and upon the call of the chair, or at the request of two (2) or more members to the secretary of the board.
  3. The board shall be placed for administrative purposes under the Department of Professional Licensing of the Public Protection Cabinet.

History. Enact. Acts 2011, ch. 87, § 3, effective June 8, 2011; 2017 ch. 178, § 21, effective April 11, 2017.

309.331. Duties of board.

The board shall:

  1. Promulgate administrative regulations in accordance with KRS Chapter 13A to carry out and enforce KRS 309.325 to 309.339 , including creating a code of ethics, standards of practice, and continuing education requirements for licensed diabetes educators, based upon policies and positions adopted by the American Association of Diabetes Educators;
  2. Issue initial licenses and license renewals to individuals. A license shall not be issued to a partnership, unincorporated association, corporation, or similar business organization;
  3. Investigate alleged violations brought to its attention, conduct investigations, and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce KRS 309.325 to 309.339 and administrative regulations promulgated pursuant to KRS 309.325 to 309.339 . In conducting investigations, the board is authorized to:
    1. Administer oaths;
    2. Receive evidence;
    3. Interview persons;
    4. Require the production of books, papers, documents, or other evidence; and
    5. Institute civil and criminal proceedings against violators of KRS 309.325 to 309.339. The Attorney General, Commonwealth’s attorneys, and county attorneys shall assist the board in prosecuting violations of KRS 309.325 to 309.339;
  4. Keep a record of its proceedings and a register of all persons licensed as diabetes educators, including the name of the licensee, the license number, date of issue, and last known place of business. The list shall be available to anyone upon request and payment of a fee not to exceed the cost of the publication;
  5. Collect or receive all moneys owed pursuant to KRS 309.333 , 309.335 , and 309.339 and deposit all moneys into the fund established by KRS 309.333 ; and
  6. Reimburse members of the board for actual travel expenses incurred for attending the meetings of the board.

History. Enact. Acts 2011, ch. 87, § 4, effective June 8, 2011.

309.333. Revolving fund.

  1. All licensing amounts and other moneys received by the board pursuant to the provisions of this section and KRS 309.335 and 309.339 shall be deposited in the State Treasury to the credit of a revolving fund which is hereby established. Amounts in the fund shall be used for the purposes set forth in KRS 309.325 to 309.339 .
  2. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used for the purposes established by the board.
  3. Any interest earnings of the fund shall become part of the fund and shall not lapse.
  4. The expenses of the board shall be paid from this revolving fund.
  5. Moneys deposited in the fund shall be used and are hereby appropriated for the purposes specified in KRS 309.325 to 309.339 .

History. Enact. Acts 2011, ch. 87, § 5, effective June 8, 2011.

309.334. Apprentice diabetes educator — Administrative regulations.

  1. An applicant for a permit as an apprentice diabetes educator shall:
    1. File a written application on forms provided by the board in order to practice and earn the experience required for a type of license application;
    2. Engage in the practice of diabetes education while receiving qualifying experience with a board-approved supervisor who shall assume responsibility for and supervise the apprentice diabetes educator’s practice;
    3. Not practice diabetes education until a supervisor has been approved by the board;
    4. Cease the practice of diabetes education immediately upon the supervisor’s inability or unwillingness to act as the supervisor; and
    5. Upon gaining the required supervision hours and completing a board-approved diabetes educator course, apply for licensure as a licensed diabetes educator.
  2. The board shall promulgate administrative regulations to do the following, including but not limited to:
    1. Establish the duties of the apprentice diabetes educator supervisor;
    2. Establish fees; and
    3. Establish additional requirements for an apprentice diabetes educator permit as the board determines are necessary.

History. Enact. Acts 2013, ch. 118, § 2, effective June 25, 2013.

309.335. Diabetes educator license — Requirements — Renewal — Issuance of license before July 1, 2014 — Application for licensure before May 1, 2014.

  1. An applicant for licensure as a diabetes educator shall:
    1. File a written application on forms provided by the board;
    2. Provide evidence to the board showing successful completion of one (1) of the following:
      1. A board-approved course in diabetes education with demonstrable experience in the care of people with diabetes under supervision that meets requirements specified in administrative regulations promulgated by the board;
      2. The credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators; or
      3. An equivalent credentialing program as determined by the board; and
    3. Pay licensing amounts as promulgated by the board through administrative regulation, with the following restrictions:
      1. Initial licensing shall not exceed one hundred dollars ($100);
      2. Annual renewal shall not exceed one hundred dollars ($100);
      3. Biennial renewal shall not exceed two hundred dollars ($200);
      4. Late renewal shall not exceed one hundred fifty dollars ($150); and
      5. The reinstatement fee shall not exceed two hundred twenty-five dollars ($225).
    1. Licenses or permits shall be renewed annually or biennially if the board requires biennial license renewal by administrative regulation. (2) (a) Licenses or permits shall be renewed annually or biennially if the board requires biennial license renewal by administrative regulation.
    2. Licenses or permits not renewed within thirty (30) days after the renewal date shall pay a late penalty as promulgated by the board in administrative regulation.
    3. Licenses or permits not renewed within ninety (90) days of the renewal date shall lapse and may only be reinstated with payment of a reinstatement fee and initial licensing amount as promulgated by the board in administrative regulation.
    4. An apprentice diabetes educator shall not carry a permit for more than five (5) years without becoming licensed.
  2. Notwithstanding subsections (1) and (2) of this section, prior to July 1, 2014, a person who the board finds to have successfully achieved a core body of knowledge and skills in the biological and social sciences, communication, counseling, and education, by training or instruction, as well as experience in the care of people with diabetes under supervision that meets the requirements specified in administrative regulations promulgated by the board, may be issued an initial license by the board upon payment of an initial licensing fee, completion of a written application on forms provided by the board, and submission of any other information requested by the board.
  3. Until May 1, 2014, notwithstanding subsection (1) of this section, individuals who have practiced diabetes education for a minimum of one thousand (1,000) hours per year for the past three (3) years, but are not currently credentialed by the American Association of Diabetes Educators as a board-certified advanced diabetes manager or by the National Certification Board for Diabetes Educators as a certified diabetes educator, may apply to the board for licensure as a diabetes educator by submitting the initial licensure fee and proof of employment, in order to continue to practice diabetes education, as defined by KRS 309.325(2).

History. Enact. Acts 2011, ch. 87, § 6, effective June 8, 2011; 2013, ch. 118, § 5, effective June 25, 2013.

Legislative Research Commission Note.

(6/8/2011). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering of this statute from the way it appeared in 2011 Ky. Acts ch. 87, sec. 6, in order to correct a manifest clerical or typographical error. An internal reference was also changed to correspond to the new numbering system, but the words in the text were not changed.

309.336. Master licensed diabetes educator — Administrative regulations.

  1. An applicant for licensure as a master licensed diabetes educator shall:
    1. File a written application on forms provided by the board; and
    2. Provide proof of completion of the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators as a certified advanced diabetes manager or a certified diabetes educator.
  2. The board shall promulgate administrative regulations to do the following, including but not limited to:
    1. Establish a fee for licensure; and
    2. Establish additional requirements for a master licensed diabetes educator as the board determines are necessary.

History. Enact. Acts 2013, ch. 118, § 3, effective June 25, 2013.

309.337. Continuing education requirements.

  1. When renewing a license, each licensee shall provide to the board documentation of the successful completion of fifteen (15) hours of board-approved continuing education credits. A maximum of fifteen (15) additional hours may be carried over into the next renewal period.
  2. Waivers or extensions of continuing education may be approved at the discretion of the board.

History. Enact. Acts 2011, ch. 87, § 7, effective June 8, 2011.

309.339. Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, probation, or fine — Hearing.

  1. The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed five hundred dollars ($500) when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following:
    1. Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board;
    2. Being convicted of a felony in any court if any act for which the licensee or applicant for license was convicted is determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator, if in accordance with KRS Chapter 335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law;
    3. Violating any lawful order or administrative regulation promulgated by the board;
    4. Violating any provision of KRS 309.325 to 309.339 or administrative regulation promulgated by the board;
    5. Evidence of gross negligence or gross incompetence in the practice of diabetes education; and
    6. Violating the standards of practice or the code of ethics as promulgated by administrative regulations.
  2. All administrative hearings for the disciplinary action against a license or certificate holder shall be conducted in accordance with KRS Chapter 13B.

HISTORY: Enact. Acts 2011, ch. 87, § 8, effective June 8, 2011; 2017 ch. 158, § 44, effective June 29, 2017.

Massage Therapy

309.350. Definitions for KRS 309.350 to 309.364.

As used in KRS 309.350 to 309.364 unless the context otherwise requires:

  1. “Board” means the Kentucky Board of Licensure for Massage Therapy;
  2. “Board-approved massage program” means one which meets minimum standards for training and curriculum as determined by the board;
  3. “Compensation” means the direct or indirect payment, loan, advance, donation, contribution, deposit, barter, gratuity, or gift of money or anything of value;
  4. “Feldenkrais Method” means a system of somatic education in which touch and words are used to eliminate faulty habits, learn new patterns of self-organization and action, and improve a person’s own functional movement patterns. The method is based on principles of physics, biomechanics and an understanding of, or learning about, human development. The practice is federally trademarked and requires permission from the Feldenkrais Guild to use the term and methodology;
  5. “Massage therapist” means a person who is licensed by the board to administer massage or massage therapy to the public for compensation;
  6. “Polarity therapy” means diverse applications affecting the human energy system. These applications include energetic approaches to somatic contact, verbal facilitation, nutrition, exercise, and health education. Polarity therapy does not make medical claims, diagnose physical ailments, or allow prescription of medications. Standards for schools, education, and practice, the administration of a code of ethics, and a registration process are provided by the American Polarity Therapy Association;
  7. “Practice of massage therapy” means the application, by a massage therapist licensed by the board, of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. The practice includes the external application of water, heat, cold, lubricants, salt scrubs, or other topical preparations; use of electromechanical devices that mimic or enhance the actions of the hands; and determination of whether massage therapy is appropriate or contraindicated, or whether referral to another health care practitioner is appropriate; and
  8. “Trager Approach” means a form of movement education that uses subtle directed movements and the skilled touch of a practitioner. The Trager Approach combines physical movement with sensory awareness and internal imagery designed to increase the client’s self-awareness and generate physiological changes in the body tissues so as to allow the client to experience a new way of moving his or her body. The practice is federally trademarked.

History. Enact. Acts 2003, ch. 45, § 1, effective June 24, 2003; 2003, ch. 70, § 1, effective June 24, 2003; 2006, ch. 29, § 1, effective July 12, 2006; 2010, ch. 112, § 1, effective July 15, 2010.

Legislative Research Commission Note.

(7/12/2006). Section 1 of 2006 Ky. Acts ch. 29 (Senate Bill 91) made no changes to this statute. The changes to KRS 309.350 contained in the introduced version of the bill were eliminated by Senate Floor Amendment 1, which was adopted by the Senate, after which Senate Bill 91 was passed by both chambers with no changes to the existing text of KRS 309.350 .

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 1, and 2003 Ky. Acts ch. 70, sec. 1, are substantially identical and have been codified together.

309.350. Definitions for KRS 309.350 to 309.364.

As used in KRS 309.350 to 309.364 unless the context otherwise requires:

  1. “Board” means the Kentucky Board of Licensure for Massage Therapy;
  2. “Board-approved massage program” means one which meets minimum standards for training and curriculum as determined by the board;
  3. “Compensation” means the direct or indirect payment, loan, advance, donation, contribution, deposit, barter, gratuity, or gift of money or anything of value;
  4. “Feldenkrais Method” means a system of somatic education in which touch and words are used to eliminate faulty habits, learn new patterns of self-organization and action, and improve a person’s own functional movement patterns. The method is based on principles of physics, biomechanics and an understanding of, or learning about, human development. The practice is federally trademarked and requires permission from the Feldenkrais Guild to use the term and methodology;
  5. “Massage therapist” means a person who is licensed by the board to administer massage or massage therapy to the public for compensation;
  6. “Polarity therapy” means diverse applications affecting the human energy system. These applications include energetic approaches to somatic contact, verbal facilitation, nutrition, exercise, and health education. Polarity therapy does not make medical claims, diagnose physical ailments, or allow prescription of medications. Standards for schools, education, and practice, the administration of a code of ethics, and a registration process are provided by the American Polarity Therapy Association. The practice of polarity therapy is federally trademarked;
  7. “Practice of massage therapy” means the application, by a massage therapist licensed by the board, of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. The practice includes the external application of water, heat, cold, lubricants, salt scrubs, or other topical preparations; use of electromechanical devices that mimic or enhance the actions of the hands; and determination of whether massage therapy is appropriate or contraindicated, or whether referral to another health care practitioner is appropriate; and
  8. “Trager Approach” means a form of movement education that uses subtle directed movements and the skilled touch of a practitioner. The Trager Approach combines physical movement with sensory awareness and internal imagery designed to increase the client’s self-awareness and generate physiological changes in the body tissues so as to allow the client to experience a new way of moving his or her body. The practice is federally trademarked.

HISTORY: Enact. Acts 2003, ch. 45, § 1, effective June 24, 2003; 2003, ch. 70, § 1, effective June 24, 2003; 2006, ch. 29, § 1, effective July 12, 2006; 2010, ch. 112, § 1, effective July 15, 2010; 2021 ch. 29, § 1.

309.351. Prohibited acts.

Massage therapists practicing under KRS 309.350 to 309.364 shall not perform any of the following: diagnosis of illness or disease; high-velocity, low-amplitude thrust applied to a joint; spinal or pelvic adjustment or chiropractic manipulation; deep physical agent modalities, except hydrotherapy methods; application of ultrasound; or prescription of medication.

History. Enact. Acts 2003, ch. 45, § 2, effective June 24, 2003; 2003, ch. 70, § 2, effective June 24, 2003.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 2, and 2003 Ky. Acts ch. 70, sec. 2, are substantially identical and have been codified together.

309.351. Prohibited acts.

Massage therapists practicing under KRS 309.350 to 309.364 shall not perform any of the following: diagnosis of illness or disease; high-velocity, low-amplitude thrust applied to a joint; spinal or pelvic adjustment or chiropractic manipulation; application of ultrasound; prescription of medication; or deep physical agent modalities, except hydrotherapy methods and pulsed electromagnetic field therapy or microcurrent devices for which the massage therapist has completed training required by the board.

HISTORY: Enact. Acts 2003, ch. 45, § 2, effective June 24, 2003; 2003, ch. 70, § 2, effective June 24, 2003; 2021 ch. 29, § 2.

309.352. Scope of KRS 309.350 to 309.364.

KRS 309.350 to 309.364 shall not preclude:

  1. Persons duly licensed, registered, or certified as massage therapists in another state or territory, the District of Columbia, or a foreign country teaching a course related to massage therapy or consulting with a person licensed under KRS 309.350 to 309.364 ;
  2. Students enrolled in a program recognized by the board and completing a clinical requirement for graduation while under the supervision of a board-licensed massage therapist or other licensed health-care professional as defined by the board in administrative regulation;
  3. A person administering a massage to members of the person’s immediate family;
  4. Persons who restrict manipulation of the soft tissues of the human body to the hands, feet, or ears, and do not hold themselves out to be massage therapists;
  5. Persons who use procedures within the scope of practice of their profession, which has established standards and ethics, provided that their services use touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged, but who are not designated or implied to administer massage or to be massage therapists. These practices include, but are not limited to, the Feldenkrais Method and the Trager Approach;
  6. Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited to what is essential for palpation and affecting of the human energy system, provided that their services are not designated or implied to be massage or massage therapy. These practices include but are not limited to polarity therapy;
  7. Persons duly licensed, certified, or registered in another state or territory, the District of Columbia, or a foreign country when incidentally in this state to provide service as a part of an emergency response team working in conjunction with disaster relief officials or as part of a charity event, athletic event, or artistic performance;
  8. Students participating in massage therapy classes or continuing education while in the classroom or practicing on a classmate and not holding themselves out as massage therapists or accepting compensation for the practice; or
  9. Practitioners of the following occupations and professions regulated by state law while engaging in the practices for which they are duly licensed and while not holding themselves out to be massage therapists:
    1. Physicians, osteopaths, podiatrists, and athletic trainers regulated under KRS Chapter 311;
    2. Chiropractors regulated under KRS Chapter 312;
    3. Registered nurses and practical nurses regulated under KRS Chapter 314;
    4. Barbers, cosmetologists, and estheticians regulated under KRS Chapters 317 and 317A, respectively;
    5. Occupational therapists regulated under KRS Chapter 319A; and
    6. Physical therapists regulated under KRS Chapter 327.

History. Enact. Acts 2003, ch. 45, § 3, effective June 24, 2003; 2003, ch. 70, § 3, effective June 24, 2003; 2006, ch. 29, § 2, effective July 12, 2006; 2010, ch. 112, § 2, effective July 15, 2010; 2018 ch. 46, § 32, effective March 30, 2018.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 3, and 2003 Ky. Acts ch. 70, sec. 3, are substantially identical and have been codified together.

309.353. License required to practice massage therapy or use titles, advertisements, or signs indicating massage therapy is provided.

  1. No person shall practice massage therapy or hold himself or herself out to be a massage therapist unless the person meets the educational and licensing requirements of KRS 309.358 and 309.360 and holds a valid license that has not been suspended or revoked.
  2. A licensed massage therapist may represent himself or herself as a massage therapist or licensed massage therapist and may use the abbreviation “L.M.T.” as part of or immediately following his or her name to identify the profession.
  3. It shall be unlawful for any person, or for any business entity, its employees, agents, or representatives, to practice massage or massage therapy or to use in connection with his, her, or its name or business activity the words “massage,” “massage therapy,” “massage therapist,” “massage practitioner,” “masseur,” or “masseuse,” or the letters “L.M.T.,” or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless massage therapy is provided by a massage therapist licensed and practicing in accordance with KRS 309.350 to 309.364 .
  4. Any advertisement or sign to induce the public into believing that one is a massage therapist shall be prima facie evidence of a violation of this section if the person making the advertisement or displaying the sign is not licensed to practice massage therapy in accordance with KRS 309.350 to 309.364 .

History. Enact. Acts 2003, ch. 45, § 4, effective June 24, 2003; 2003, ch. 70, § 4, effective June 24, 2003; 2006, ch. 29, § 3, effective July 12, 2006.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 4, and 2003 Ky. Acts ch. 70, sec. 4, are substantially identical and have been codified together.

309.3535. Penalty for violation of KRS 309.353.

Any person who violates KRS 309.353 shall be guilty of a Class B misdemeanor.

History. Enact. Acts 2006, ch. 29, § 11, effective July 12, 2006.

Research References and Practice Aids

Cross-References.

Designation of offenses, see KRS 532.020 .

Sentence of imprisonment for misdemeanor, KRS 532.090 .

309.354. Kentucky Board of Licensure for Massage Therapy — Appointments — Terms — Reimbursement — Removal.

  1. There is created a board to be known as the Kentucky Board of Licensure for Massage Therapy, which shall be an independent agency.
  2. The Governor shall appoint seven (7) members to serve on the board with the following representation:
    1. Five (5) members who are massage therapists licensed under KRS 309.350 to 309.364 , who have been in the practice of massage therapy for at least five (5) of the last seven (7) years, and who have been residents of Kentucky for at least one (1) year;
    2. Of these five (5), at least one (1) but no more than two (2) shall own or direct a board-approved massage therapy training program; and
    3. Two (2) members shall be appointed by the Governor and shall serve as members at large who are neither licensed massage therapists nor spouses of persons who are licensed, or have a direct or indirect interest in the profession regulated under KRS 309.350 to 309.364 . One (1) of the two (2) may hold a license in another health care profession.
  3. Appointments shall be for three (3) years with initial appointments as follows: three (3) appointees shall serve three (3) year terms; two (2) shall serve two (2) year terms; and two (2) shall serve one (1) year terms. The Governor shall assign terms to initial members at his or her discretion.
  4. The board shall elect initially, and annually thereafter, a chair, vice chair, and secretary from its membership and shall meet at least once per year, and more often as deemed necessary, at a time and at a place in Kentucky for the board to fulfill its duties.
  5. Each member of the board shall receive a per diem not to exceed one hundred dollars ($100) and other actual and necessary expenses for each day he or she is actually engaged in the discharge of the board’s official duties.
  6. Upon recommendation of the board, the Governor may remove any member of the board for a poor attendance record, neglect of duty, or malfeasance in office.

History. Enact. Acts 2003, ch. 45, § 5, effective June 24, 2003; 2003, ch. 70, § 5, effective June 24, 2003; 2010, ch. 24, § 1667, effective July 15, 2010; 2010, ch. 112, § 3, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 112, which do not appear to be in conflict and have been codified together.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 5, and 2003 Ky. Acts ch. 70, sec. 5, are substantially identical and have been codified together.

309.354. Kentucky Board of Licensure for Massage Therapy — Appointments — Terms — Reimbursement — Removal.

  1. There is created a board to be known as the Kentucky Board of Licensure for Massage Therapy, which shall be an independent agency.
  2. The Governor shall appoint seven (7) members to serve on the board with the following representation:
    1. Five (5) members who are massage therapists licensed under KRS 309.350 to 309.364 , who have been in the practice of massage therapy for at least five (5) of the last seven (7) years, and who have been residents of Kentucky for at least one (1) year;
    2. Of these five (5), at least one (1) but no more than two (2) shall own or direct a board-approved massage therapy training program or be a designated representative of a school owner or of a school director; and
    3. Two (2) members shall be appointed by the Governor and shall serve as members at large who are neither licensed massage therapists nor spouses of persons who are licensed, or have a direct or indirect interest in the profession regulated under KRS 309.350 to 309.364 . One (1) of the two (2) may hold a license in another health care profession.
  3. Appointments shall be for three (3) years with initial appointments as follows: three (3) appointees shall serve three (3) year terms; two (2) shall serve two (2) year terms; and two (2) shall serve one (1) year terms. The Governor shall assign terms to initial members at his or her discretion.
  4. The board shall elect initially, and annually thereafter, a chair, vice chair, and secretary from its membership and shall meet at least once per year, and more often as deemed necessary, at a time and at a place in Kentucky for the board to fulfill its duties.
  5. Each member of the board shall receive a per diem not to exceed one hundred dollars ($100) and other actual and necessary expenses for each day he or she is actually engaged in the discharge of the board’s official duties.
  6. Upon recommendation of the board, the Governor may remove any member of the board for a poor attendance record, neglect of duty, or malfeasance in office.

HISTORY: Enact. Acts 2003, ch. 45, § 5, effective June 24, 2003; 2003, ch. 70, § 5, effective June 24, 2003; 2010, ch. 24, § 1667, effective July 15, 2010; 2010, ch. 112, § 3, effective July 15, 2010; 2021 ch. 29, § 3.

309.355. Powers and duties of board.

  1. The board shall administer and enforce the provisions of KRS 309.350 to 309.364 and shall have the responsibility to evaluate the qualifications of applicants for licensure and to authorize issuing, renewing, suspending, and revoking licenses.
  2. The board shall investigate alleged violations brought to its attention, conduct investigations, and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and administrative regulations promulgated pursuant to KRS 309.350 to 309.364 . The board shall have the authority to administer oaths, receive evidence, interview persons, and require the production of books, papers, documents, or other evidence. The board may institute civil and criminal proceedings against violators of KRS 309.350 to 309.364. The Attorney General, Commonwealth’s attorneys, and county attorneys shall assist the board in prosecuting violations of KRS 309.350 to 309.364.
  3. The board shall promulgate administrative regulations, pursuant to KRS Chapter 13A, to carry out and enforce provisions of KRS 309.350 to 309.364 , including creating a code of ethics, standards of practice, standards of educational program curriculum and instructor qualification, and continuing education requirements for licensed massage therapists.
  4. The board shall keep a record of its proceedings and a register of all persons licensed as massage therapists. The register shall include the name, license number and date of issue, last known place of business, and residence of each licensee. The board shall publish annually a directory of licensed massage therapists and their places of business. The list shall be available to any Kentucky citizen upon request and payment of a fee not to exceed the cost of the publication.
  5. The board shall make an annual report to the Governor and the General Assembly, which shall contain an account of its duties performed, actions taken, and appropriate recommendations.
  6. The board may seek an injunction in the Circuit Court of the county where the alleged violation occurred against any individual who practices massage therapy in the Commonwealth without a license.

History. Enact. Acts 2003, ch. 45, § 6, effective June 24, 2003; 2003, ch. 70, § 6, effective June 24, 2003; 2006, ch. 29, § 4, effective July 12, 2006; 2010, ch. 112, § 4, effective July 15, 2010.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 6, and 2003 Ky. Acts ch. 70, sec. 6, are substantially identical and have been codified together.

309.355. Powers and duties of board.

  1. The board shall administer and enforce the provisions of KRS 309.350 to 309.364 and shall have the responsibility to evaluate the qualifications of applicants for licensure and to authorize issuing, renewing, suspending, and revoking licenses.
  2. The board shall investigate alleged violations brought to its attention, conduct investigations, and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and administrative regulations promulgated pursuant to KRS 309.350 to 309.364 . The board shall have the authority to administer oaths, receive evidence, interview persons, and require the production of books, papers, documents, or other evidence. The board may institute civil and criminal proceedings against violators of KRS 309.350 to 309.364. The Attorney General, Commonwealth’s attorneys, and county attorneys shall assist the board in prosecuting violations of KRS 309.350 to 309.364.
  3. The board shall promulgate administrative regulations, pursuant to KRS Chapter 13A, to carry out and enforce provisions of KRS 309.350 to 309.364 , including creating a code of ethics, standards of practice, standards of educational program curriculum and instructor qualification, and continuing education requirements for licensed massage therapists.
  4. The board shall keep a record of its proceedings and a register of all persons licensed as massage therapists. The register shall include the name, license number and date of issue, last known place of business, and residence of each licensee. The board shall publish annually a directory of licensed massage therapists and their places of business. The list shall be available to any Kentucky citizen upon request and payment of a fee not to exceed the cost of the publication.
  5. The board shall make an annual report to the Governor and the General Assembly, which shall contain an account of its duties performed, actions taken, and appropriate recommendations.
  6. The board may seek an injunction in the Circuit Court of the county where the alleged violation occurred against any individual who practices massage therapy in the Commonwealth without a license.
  7. The board shall require a fingerprint-supported criminal record check by the Department of Kentucky State Police and the Federal Bureau of Investigation of any applicant for licensure to practice massage therapy.
  8. The board may employ staff as needed in the conduct of its duties and functions, and shall fix their compensation.

HISTORY: Enact. Acts 2003, ch. 45, § 6, effective June 24, 2003; 2003, ch. 70, § 6, effective June 24, 2003; 2006, ch. 29, § 4, effective July 12, 2006; 2010, ch. 112, § 4, effective July 15, 2010; 2021 ch. 29, § 4.

309.356. Revolving fund.

  1. All fees and other moneys received by the board pursuant to the provisions of KRS 309.350 to 309.364 shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board.
  2. No part of this revolving fund shall revert to the general funds of this Commonwealth.
  3. The compensation of members of the board and all of the employees of the board and all expenses incurred by the board shall be paid from this revolving fund.

History. Enact. Acts 2003, ch. 45, § 7, effective June 24, 2003; 2003, ch. 70, § 7, effective June 24, 2003.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 7, and 2003 Ky. Acts ch. 70, sec. 7, are substantially identical and have been codified together.

309.357. Fees.

The following fees shall be required of licensees and prospective applicants:

  1. Application fee of fifty dollars ($50), which shall be credited to the initial license fee for successful applicants;
  2. Initial, nonrefundable license fee not to exceed one hundred twenty-five dollars ($125);
  3. Biennial renewal fees not to exceed one hundred dollars ($100);
  4. Late renewal fees not to exceed one hundred fifty dollars ($150) up to sixty (60) days after expiration of license;
  5. Sixty (60) to ninety (90) days after expiration of license, late renewal fees not to exceed two hundred dollars ($200); and
  6. Beyond ninety (90) days after the expiration of a license:
    1. Late renewal fees not to exceed two hundred dollars ($200) if the applicant for renewal can demonstrate to the satisfaction of the board that the applicant was unable to renew in a timely manner due to circumstances beyond his or her control; or
    2. The application and initial, nonrefundable license fees required by subsections (1) and (2) of this section, accompanied by:
      1. A new application for licensure; and
      2. Proof of compliance with all of the requirements to practice massage therapy specified in KRS 309.358 .

If the board determines that the applicant practiced on an expired license, the board may require one (1) continuing education credit per month of expiration, at the discretion of the board.

History. Enact. Acts 2003, ch. 45, § 8, effective June 24, 2003; 2003, ch. 70, § 8, effective June 24, 2003; 2006, ch. 29, § 5, effective July 12, 2006; 2010, ch. 112, § 5, effective July 15, 2010.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 8, and 2003 Ky. Acts ch. 70, sec. 8, are substantially identical and have been codified together.

309.357. Fees.

    1. The board shall promulgate administrative regulations establishing a reasonable schedule of fees and charges for the issuance and restoration of licenses and certificates, and for the renewal of licenses and certificates issued under KRS 309.350 to 309.364 . (1) (a) The board shall promulgate administrative regulations establishing a reasonable schedule of fees and charges for the issuance and restoration of licenses and certificates, and for the renewal of licenses and certificates issued under KRS 309.350 to 309.364 .
    2. Former licensees with an expired license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulations of the board. If the reinstatement application is made within five (5) years from the date of termination, applicants shall not be required to submit to any examination as a condition for reinstatement.
    3. A revoked license may not be reinstated or renewed. For a license that is reinstated, the licensee shall pay the reinstatement fee and the renewal fee as established by the board through administrative regulations.
    4. A former licensee who fails to reinstate a license within five (5) years after termination may not have it renewed, restored, or reinstated. A person may apply for and obtain a new license by meeting the current requirements for licensure.
    5. The board may require that a person applying for a renewal or reinstatement of licensure show evidence of completion of continuing professional education as prescribed by the board in administrative regulations.
    6. If the board determines that the applicant practiced on an expired license, the board may require one (1) continuing education credit per month of expiration, at the discretion of the board.
  1. Any licensed massage therapist who does not desire to meet the qualifications for active license renewal shall, upon application and payment of an inactive renewal fee, be issued an inactive license. The license shall not entitle the license holder to use the term “licensed massage therapist,” or to engage in the practice of massage therapy. The inactive annual renewal fee shall be promulgated by the board in administrative regulation.
  2. To regain active status, the licensee shall, upon the submission of an application, show completion of one (1) hour of continuing professional education for every six (6) months the license has been in an inactive state, not to exceed five (5) years. Waivers or extensions of continuing education may be approved at the discretion of the board. Beyond five (5) years, the licensee shall meet the requirements in Section 7 of this Act to regain active status.

HISTORY: Enact. Acts 2003, ch. 45, § 8, effective June 24, 2003; 2003, ch. 70, § 8, effective June 24, 2003; 2006, ch. 29, § 5, effective July 12, 2006; 2010, ch. 112, § 5, effective July 15, 2010; 2021 ch. 29, § 5.

309.358. Qualifications for license.

The board may issue a license as a massage therapist to an applicant who:

  1. Is eighteen (18) years of age or older;
  2. Has paid the application fee and other fees required by the board;
  3. Is a person of good moral character;
  4. Has successfully completed a course of study consisting of a minimum of six hundred (600) hours of supervised instruction in a massage therapy training program approved by the board; and
  5. Has successfully passed an examination administered by the National Certification Board for Therapeutic Massage and Bodywork or a certifying agency that has been approved by the National Commission for Certifying Agencies, or other examinations approved by the board.

History. Enact. Acts 2003, ch. 45, § 9, effective June 24, 2003; 2003, ch. 70, § 9, effective June 24, 2003; 2006, ch. 29, § 6, effective July 12, 2006; 2010, ch. 112, § 6, effective July 15, 2010.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 9, and 2003 Ky. Acts ch. 70, sec. 9, are substantially identical and have been codified together.

309.358. Qualifications for license.

  1. The board may issue a license as a massage therapist to an applicant who:
    1. Is eighteen (18) years of age or older;
    2. Has paid the application fee and other fees required by the board;
    3. Is a person of good moral character;
    4. Has submitted a recent criminal background check performed by means of a fingerprint check pursuant to subsection (7) of Section 4 of this Act;
    5. Has submitted a recent color photograph as prescribed by administrative regulation promulgated by the board;
    6. Has successfully completed:
      1. A course of study consisting of a minimum of six hundred (600) hours of supervised instruction in a massage therapy training program approved by the board; or
      2. An associate degree having a massage therapy emphasis which meets the requirements of a massage therapy training program with supervised technique instruction and approved by the board; and
    7. Has successfully passed an examination administered by the Federation of State Massage Therapy Boards, the National Certification Board for Therapeutic Massage and Bodywork, or a certifying agency that has been approved by the National Commission for Certifying Agencies, or other examinations approved by the board.
  2. The board shall incorporate the photograph provided in subsection (1)(e)of this section into the license. The photograph shall not be merely affixed to the license.

HISTORY: Enact. Acts 2003, ch. 45, § 9, effective June 24, 2003; 2003, ch. 70, § 9, effective June 24, 2003; 2006, ch. 29, § 6, effective July 12, 2006; 2010, ch. 112, § 6, effective July 15, 2010; 2021 ch. 29, § 6.

309.359. Reciprocity.

The board may grant a license to any person who is licensed, certified, or registered in another state of the United States that has standards at least as stringent as those required by KRS 309.358 . The board may grant a license by endorsement to applicants licensed, certified, or registered in another state of the United States that has lesser standards than Kentucky’s if the board determines that the applicant’s combined initial training, professional experience, continuing education, or other credentials constitute an equivalent to the standards in KRS 309.358 . Applicants who are not from a state that has standards at least as stringent as those required by KRS 309.358 may appeal to the board for a hearing to determine if their experience and education meet the criteria.

History. Enact. Acts 2003, ch. 45, § 10, effective June 24, 2003; 2003, ch. 70, § 10, effective June 24, 2003; 2006, ch. 29, § 7, effective July 12, 2006.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 10, and 2003 Ky. Acts ch. 70, sec. 10, are substantially identical and have been codified together.

309.360. Qualifications for license issued prior to June 24, 2005. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2003, ch. 45, § 11, effective June 24, 2003; 2003, ch. 70, § 11, effective June 24, 2003) was repealed by Acts 2010, ch. 112, § 9, effective July 15, 2010.

309.361. Renewal — Continuing education requirements.

  1. When renewing a license, each licensee shall document the successful completion of the required board-approved continuing education credits. Twenty-four (24) hours of training shall be required for each two (2) year renewal period. A maximum of twelve (12) additional hours may be carried over into the next renewal period. Courses may include ethics, business practices, science, and techniques related to massage therapy.
  2. Waivers or extensions of continuing education may be approved at the discretion of the board.

History. Enact. Acts 2003, ch. 45, § 12, effective June 24, 2003; 2003, ch. 70, § 12, effective June 24, 2003; 2006, ch. 29, § 8, effective July 12, 2006.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 12, and 2003 Ky. Acts ch. 70, sec. 12, are substantially identical and have been codified together.

309.361. Renewal — Continuing education requirements.

  1. When renewing a license, each licensee shall document the successful completion of the required board-approved continuing education credits. Twelve (12) hours of training shall be required for each two (2) year renewal period. Three (3) hours of the twelve (12) required shall be in ethics. Courses may include ethics, business practices, science, and techniques related to massage therapy.
  2. Waivers or extensions of continuing education may be approved at the discretion of the board.

HISTORY: Enact. Acts 2003, ch. 45, § 12, effective June 24, 2003; 2003, ch. 70, § 12, effective June 24, 2003; 2006, ch. 29, § 8, effective July 12, 2006; 2021 ch. 29, § 7.

309.362. Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation — Issuance and renewal of inactive licenses — Fee.

  1. The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed five hundred dollars ($500) when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following:
    1. Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board;
    2. Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law;
    3. Violating any lawful order or administrative regulation promulgated by the board;
    4. Violating any provision of this chapter or administrative regulations promulgated thereunder;
    5. Having sexual contact as defined by KRS 510.010(7) with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient;
    6. Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner;
    7. Evidence of gross negligence or gross incompetence in the practice of massage therapy;
    8. Violating the standards of practice or the code of ethics as promulgated by administrative regulations;
    9. Violating KRS 304.39-215 ; or
    10. Engaging in conduct that is subject to the penalties under KRS 304.99-060 (4) or (5).
  2. Any licensed massage therapist who does not desire to meet the qualifications for active license renewal shall, upon application and payment of an inactive renewal fee, be issued an inactive license. The license shall not entitle the license holder to use the term “licensed massage therapist,” nor to engage in the practice of massage therapy. The inactive renewal fee shall not exceed fifty dollars ($50) annually.
  3. To regain active status, the licensee shall upon application show completion of one (1) hour of continuing professional education for each month the license has been in an inactive state not to exceed five (5) years. Waivers or extensions of continuing education may be approved at the discretion of the board. Beyond five (5) years, the licensee shall meet the requirements in KRS 309.358 .
  4. The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board.
  5. The surrender of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS 309.350 to 309.364 .

History. Enact. Acts 2003, ch. 45, § 13, effective June 24, 2003; 2003, ch. 70, § 13, effective June 24, 2003; 2006, ch. 29, § 9, effective July 12, 2006; 2017 ch. 158, § 45, effective June 29, 2017; 2019 ch. 143, § 6, effective June 27, 2019.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 13, and 2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have been codified together.

309.362. Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation — Issuance and renewal of inactive licenses — Fee.

  1. The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed one thousand dollars ($1,000) per violation when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following:
    1. Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board;
    2. Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law;
    3. Violating any lawful order or administrative regulation promulgated by the board;
    4. Violating any provision of this chapter or administrative regulations promulgated thereunder;
    5. Having sexual contact as defined by KRS 510.010(7) with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient;
    6. Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner;
    7. Evidence of gross negligence or gross incompetence in the practice of massage therapy;
    8. Violating the standards of practice or the code of ethics as promulgated by administrative regulations;
    9. Violating KRS 304.39-215 ; or
    10. Engaging in conduct that is subject to the penalties under KRS 304.99-060 (4) or (5).
  2. The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board.
  3. The surrender of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS 309.350 to 309.364 .

HISTORY: Enact. Acts 2003, ch. 45, § 13, effective June 24, 2003; 2003, ch. 70, § 13, effective June 24, 2003; 2006, ch. 29, § 9, effective July 12, 2006; 2017 ch. 158, § 45, effective June 29, 2017; 2019 ch. 143, § 6, effective June 27, 2019; 2021 ch. 29, § 8.

309.363. Board approval of massage therapy program of instruction — Requirements — Continuing education guidelines.

  1. A person, institution, or business entity offering a massage therapy program of instruction shall file a completed application for a certificate of good standing with the board on a form prescribed by the board and pay a fee as specified in KRS 309.357 . The completed application shall provide proof acceptable to the board that the following criteria have been met:
    1. The school is licensed to operate by the Kentucky Commission on Proprietary Education, the Council on Postsecondary Education, or their equivalent in another state;
    2. A curriculum statement showing clock hours devoted to each subject with the following minimums:
      1. One hundred twenty-five (125) hours of anatomy, physiology, or kinesiology;
      2. A two hundred (200) hour course to include massage theory, technique, and practice focusing on gliding strokes, kneading, direct pressure, deep friction, joint movement, superficial warming techniques, percussion, compression, vibration, jostling, shaking, and rocking;
      3. Two hundred (200) hours of approach to the business of massage, specifically including contraindications, benefits, business, history, ethics, client documentation, legalities of massage, and modality courses designed to meet the school’s specific program objectives;
      4. Forty (40) hours of pathology; and
      5. The school may use its discretion in allotting the additional thirty-five (35) curricular hours that are required under KRS 309.358 ;
    3. A listing of instructional staff and their qualifications as follows:
      1. Instructors of the practical courses shall be licensed massage therapists and shall have three (3) years of experience in the practice of massage therapy;
      2. Instructors of science courses shall be either licensed massage therapists with three (3) years of experience in the practice of massage therapy or have certification or specific higher education in the subject they are teaching; and
      3. Instructors in adjunctive courses shall have subject-specific education and experience.
  2. The board shall accept National Certification Board for Therapeutic Massage and Bodywork guidelines in approving continuing education.

History. Enact. Acts 2003, ch. 45, § 14, effective June 24, 2003; 2003, ch. 70, § 14, effective June 24, 2003; 2006, ch. 29, § 10, effective July 12, 2006; 2010, ch. 112, § 7, effective July 15, 2010; 2012, ch. 76, § 24, effective July 15, 2012.

Legislative Research Commission Notes.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 14, and 2003 Ky. Acts ch. 70, sec. 14, are substantially identical and have been codified together. The phrase “joint movement” in subparagraph (b)2. of subsection (1) of ch. 70, sec. 14, which passed the General Assembly last, prevails over “joint mobilization” in the same subparagraph of ch. 45, sec. 14. See KRS 446.250 .

309.363. Board approval of massage therapy program of instruction — Requirements — Continuing education guidelines.

  1. A person, institution, or business entity offering a massage therapy program of instruction shall file a completed application for a certificate of good standing with the board on a form prescribed by the board and pay a fee as specified in KRS 309.357 . The completed application shall provide proof acceptable to the board that the following criteria have been met:
    1. The school is licensed to operate by the Kentucky Commission on Proprietary Education, the Council on Postsecondary Education, or their equivalent in another state;
    2. A curriculum statement showing clock hours devoted to each subject with the following minimums:
      1. One hundred twenty-five (125) hours of anatomy, physiology, or kinesiology;
      2. A two hundred (200) hour course to include massage theory, technique, and practice focusing on gliding strokes, kneading, direct pressure, deep friction, joint movement, superficial warming techniques, percussion, compression, vibration, jostling, shaking, and rocking;
      3. Two hundred (200) hours of approach to the business of massage, specifically including contraindications, benefits, business, history, ethics, client documentation, legalities of massage, and modality courses designed to meet the school’s specific program objectives;
      4. Forty (40) hours of pathology; and
      5. The school may use its discretion in allotting the additional thirty-five (35) curricular hours that are required under KRS 309.358 ; and
    3. A listing of instructional staff and their qualifications as follows:
      1. Instructors of the practical courses shall be licensed massage therapists and shall have three (3) years of experience in the practice of massage therapy;
      2. Instructors of science courses shall be either licensed massage therapists with three (3) years of experience in the practice of massage therapy or have certification or specific higher education in the subject they are teaching; and
      3. Instructors in adjunctive courses shall have subject-specific education and experience.
  2. A school may be presumed to have met the qualifications in subsection (1)(b) and (c) of this section if it holds a current designation of “Approved School” from the National Certification Board of Therapeutic Massage and Bodywork or has the designation of “accredited” or “COMTA-endorsed curriculum” from the Council for Massage Therapy Accreditation.
  3. The board shall accept National Certification Board for Therapeutic Massage and Bodywork guidelines in approving continuing education.

HISTORY: Enact. Acts 2003, ch. 45, § 14, effective June 24, 2003; 2003, ch. 70, § 14, effective June 24, 2003; 2006, ch. 29, § 10, effective July 12, 2006; 2010, ch. 112, § 7, effective July 15, 2010; 2012, ch. 76, § 24, effective July 15, 2012; 2021 ch. 29, § 9.

309.3631. Annual renewal of certificate of good standing.

  1. A person, institution, or business entity offering a massage therapy program of instruction shall renew a certificate of good standing annually.
  2. During the renewal process, the person, institution, or business entity shall submit to the board documentation of program updates, personnel changes, graduation rates, and licensing examination rates.

History. Enact. Acts 2010, ch. 112, § 8, effective July 15, 2010.

309.3631. Annual renewal of certificate of good standing.

  1. A person, institution, or business entity offering a massage therapy program of instruction shall renew a certificate of good standing annually.
  2. During the renewal process, the person, institution, or business entity shall submit to the board documentation of program updates, personnel changes, graduation rates, and licensing examination rates.
  3. Application for the initial certificate of good standing and annual renewals shall include a fee prescribed by the board in administrative regulations.

HISTORY: Enact. Acts 2010, ch. 112, § 8, effective July 15, 2010; 2021 ch. 29, § 10.

309.364. Preemption of local regulation — No effect on local zoning requirements or occupational license fees.

  1. KRS 309.350 to 309.364 supersede all ordinances or regulations regulating massage therapists in any city, county, urban-county, charter county, or consolidated local government.
  2. This article does not affect city, county, urban-county, charter county, or consolidated local government regulations relating to zoning requirements or occupational license fees pertaining to health care professions.

History. Enact. Acts 2003, ch. 45, § 15, effective June 24, 2003; 2003, ch. 70, § 15, effective June 24, 2003.

Legislative Research Commission Note.

(6/24/2003). 2003 Ky. Acts ch. 45, sec. 15, and 2003 Ky. Acts ch. 70, sec. 15, are substantially identical and have been codified together.

Home Medical Equipment and Services Provider Licensure Act

309.400. Short title.

KRS 309.400 to 309.422 shall be known and may be cited as the Home Medical Equipment and Services Provider Licensure Act.

HISTORY: Enact. Acts 2012, ch. 73, § 1, effective July 12, 2012; 2016 ch. 103, § 1, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.510 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 1, effective July 15, 2016.

The section appears to incorporate a correction from the Reviser of Statutes in the section.

309.402. Definitions for KRS 309.400 to 309.422.

As used in KRS 309.400 to 309.422 , unless the context requires otherwise:

  1. “Applicant” means a person who applies to the board for licensure as a home medical equipment and services provider;
  2. “Board” means the Kentucky Board of Durable Medical Equipment Suppliers established in KRS 309.404 ;
  3. “Home medical equipment” means durable medical equipment which:
    1. Withstands repeated use;
    2. Is primarily and customarily used to serve a medical purpose;
    3. Is generally not useful to a person in the absence of illness or injury; and
    4. Is appropriate for use in the home;
  4. “Providing home medical equipment and services” means the sale, lease, rental, delivery, installation, maintenance, replacement, or instruction in the use of home medical equipment, related equipment and supplies, and mobility enhancing equipment used by a sick or disabled person to allow the person to be maintained in his or her residence and which is funded through a third-party payor;
  5. “Home medical equipment and services provider” or “provider” means a person engaged in the business of providing home medical equipment and services, either directly or through a contractual arrangement, to an unrelated sick or disabled person in the residence of that person; and
  6. “Person” has the same meaning as in KRS 446.010 .

HISTORY: Enact. Acts 2012, ch. 73, § 2, effective July 12, 2012; 2016 ch. 103, § 2, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.512 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 2, effective July 15, 2016.

309.404. Kentucky Board of Durable Medical Equipment Suppliers.

  1. There is hereby created the Kentucky Board of Durable Medical Equipment Suppliers that shall be attached for administrative purposes to the Department of Professional Licensing in the Public Protection Cabinet. The board shall consist of five (5) members, each appointed by the Governor. Four (4) members shall be appointed from a list of three (3) names for each position submitted by the Kentucky Medical Equipment Suppliers Association. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. Any vacancy shall be filled for the unexpired term by the Governor, as provided in the original appointment.
  2. To be eligible for appointment as a member of the board, a person shall be at least twenty-one (21) years of age, of good moral character, a resident of this state, and a licensed durable medical equipment services provider in this state for at least three(3) consecutive years next preceding the date of his or her appointment.
  3. The terms of office of each member shall be four (4) years, or until a successor is appointed and qualified.
  4. The board shall elect one (1) of its members as president and another of its members as secretary. The secretary may, subject to approval by the board, employ and fix the compensation of all personnel required for the administration of KRS 309.400 to 309.422 . The board may make all rules and promulgate all administrative regulations, not inconsistent with KRS 309.400 to 309.422 , that are necessary to implement and carry out the provisions and purposes of KRS 309.400 to 309.422.
  5. The board shall hold meetings at least twice a year and as frequently as it deems necessary at a time and place within the Commonwealth as the board may designate. A majority of the members shall constitute a quorum.
  6. The board may sue and be sued in its own name.
  7. Members of the board shall be immune from suit in any civil or criminal action which is based upon any official act or acts performed by them in good faith as members of the board.
  8. Members of the board shall receive no compensation for their services, but shall be paid for actual travel and other expenses incurred in connection with the performance of their duties and the business of the board.
  9. The board may utilize any materials, services, or facilities as may be made available to it by other state agencies or may contract therefor, to the extent as the board in its discretion may determine.

HISTORY: 2016 ch. 103, § 11, effective July 15, 2016; 2017 ch. 178, § 22, effective April 11, 2017.

309.406. Duties of board — Administrative regulations — Order for violator to pay reasonable costs of investigation and prosecution.

  1. The board may:
    1. Promulgate administrative regulations in accordance with KRS Chapter 13A necessary to regulate and control all matters set forth in KRS 309.400 to 309.422 relating to manufacturers and wholesale distributors of home medical equipment and home medical equipment and services providers in this state, to the extent that regulation and control has not been delegated to some other agency of the Commonwealth, provided that:
      1. Administrative regulations relating to home medical equipment and services providers shall be limited to the regulation and control of home medical equipment sold pursuant to a medical order; and
      2. Nothing contained in KRS 309.400 to 309.422 shall be construed as authorizing the board to promulgate any administrative regulations relating to prices or fees or to advertising or the promotion of the sales or use of commodities or services;
    2. Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to schedule and conduct hearings on behalf of the board on any matter under the jurisdiction of the board;
    3. Issue and renew all licenses for home medical equipment and services providers;
    4. Investigate all complaints or violations of the home medical equipment laws and the administrative regulations promulgated by the board;
    5. Perform all other functions necessary to carry out applicable provisions of law and the administrative regulations promulgated by the board, relating to manufacturers and wholesale distributors of home medical equipment and home medical equipment and services providers;
    6. Assess reasonable fees, in addition to the fees specifically provided for in KRS 309.400 to 309.422 consistent with KRS 61.870 to 61.884 , for services rendered to perform its duties and responsibilities, including but not limited to the following:
      1. Issuance of duplicate licenses;
      2. Mailing lists or reports of data maintained by the board;
      3. Making copies of documents; or
      4. Providing notices of meetings;
    7. Seize any item of home medical equipment found by the board to constitute an imminent danger to the public health and welfare; and
    8. Oversee and administer the licensure of home medical equipment and services providers pursuant to KRS 309.400 to 309.422.
  2. In addition to the sanctions provided in KRS 309.418 , the board or its hearing officer shall direct any licensee found guilty of a charge involving a violation of home medical equipment laws, rules, or administrative regulations of the state, any other state, or federal government, to pay to the board a sum not to exceed the reasonable costs of investigation and prosecution of the case, not to exceed twenty-five thousand dollars ($25,000).
  3. In an action for recovery of costs, proof of the board’s order shall be conclusive proof of the validity of the order of payment and any terms for payment.

HISTORY: 2016 ch. 103, § 9, effective July 15, 2016.

309.408. Revolving fund — Purposes.

  1. All fees and other moneys received by the board pursuant to KRS 309.400 to 309.422 shall be deposited in the State Treasury to the credit of a revolving fund which is hereby established. Amounts in the fund shall be used for the purposes set forth in KRS 309.400 to 309.422 .
  2. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used by the board for the purposes set forth in KRS 309.400 to 309.422 .
  3. Any interest earnings of the fund shall become part of the fund and shall not lapse.
  4. The expenses of the board shall be paid from this revolving fund.
  5. Moneys deposited in the fund shall be used and are hereby appropriated for the purposes specified in KRS 309.400 to 309.422 .

HISTORY: 2016 ch. 103, § 12, effective July 15, 2016.

309.410. Legend or order from health care practitioner required.

A person licensed under KRS 309.400 to 309.422 shall provide home medical equipment and services that carry a legend or require an order from a licensed health care practitioner.

HISTORY: Enact. Acts 2012, ch. 73, § 4, effective July 12, 2012; 2016 ch. 103, § 4, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.516 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 4, effective July 15, 2016.

309.412. License required to provide or hold oneself out as providing home medical equipment and services — Exemptions.

  1. No person shall provide home medical equipment and services, or use the title “home medical equipment and services provider” in connection with his or her profession or business, without a license issued by the board.
  2. Unless home medical equipment and services are provided through a separate legal entity, nothing in KRS 309.400 to 309.422 or any administrative regulations promulgated thereunder shall be construed as preventing or restricting the practices, services, or activities of the following:
    1. A person licensed or registered in this state under any other law who is engaging in the profession or occupation for which he or she is licensed or registered;
    2. Health care practitioners who lawfully prescribe or order home medical equipment and services, or who use home medical equipment and services to treat their patients;
    3. Home health agencies that do not engage in the provision of home medical equipment and services;
    4. Hospitals that provide home medical equipment and services only as an integral part of patient care;
    5. Manufacturers and wholesale distributors of home medical equipment who do not sell, lease, or rent home medical equipment directly to a patient;
    6. Pharmacies that are engaged in the sale, lease, or rental of home medical equipment and services;
    7. An employee of a person licensed under KRS 309.400 to 309.422 ;
    8. Hospice programs that do not involve the sale, lease, or rental of home medical equipment and services;
    9. Skilled nursing facilities that do not involve the sale, lease, or rental of home medical equipment and services;
    10. Government agencies, including fire districts which provide emergency medical services; and
    11. Notwithstanding subsection (1) of this section, an out-of-state provider whose primary business is the manufacture, distribution, or both, of highly specialized equipment who ships that equipment into this state if that equipment is not provided by a licensed Kentucky home medical equipment and services provider.

HISTORY: Enact. Acts 2012, ch. 73, § 3, effective July 15, 2012; 2015 ch. 56, § 4, effective June 24, 2015; 2016 ch. 103, § 3, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.514 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 3, effective July 15, 2016.

309.414. Application for license — Fee — Record retention — Administrative regulations — Confidentiality.

  1. A home medical equipment and services provider shall be licensed by the board prior to engaging in providing home medical equipment and services in the Commonwealth. Each license application shall be accompanied by a reasonable fee prescribed by administrative regulation not to exceed three hundred fifty dollars ($350) initially every two (2) years or increase more than twenty-five dollars ($25) per biennium up to a maximum of four hundred dollars ($400). Upon receipt of an application for a license to operate as a home medical equipment and services provider, the board shall issue a license if the provider meets the standards and requirements of this section or KRS 309.420 and the administrative regulations of the board.
  2. Home medical equipment and services providers shall be required to maintain adequate records of all home medical equipment and services provided as established by administrative regulation by the board. Records shall be made available to agents of the board for inspection at reasonable times. The board may require by administrative regulation that home medical equipment and services providers periodically report to the board all home medical equipment and services provided.
  3. Failure to report to the board or willful submission of inaccurate information shall be grounds for disciplinary action under KRS 309.418 .
  4. The board shall promulgate an administrative regulation pursuant to KRS Chapter 13A to specify the criteria for licensure.
  5. Pursuant to KRS 61.878 , information provided by an applicant under this section and any related administrative regulation shall not be disclosed to any person or entity other than the board.

HISTORY: Enact. Acts 2012, ch. 73, § 5, effective July 12, 2012; 2016 ch. 103, § 5, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.518 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 5, effective July 15, 2016.

309.416. Issuance and renewal of licenses — Separate license required for each location — Display of license — Transfer of license prohibited.

  1. The board shall refuse to renew any license to operate unless the home medical equipment and services provider meets the standards and requirements of KRS 309.400 to 309.422 and the administrative regulations of the board. The board shall act upon an application for a license within thirty (30) days after the receipt thereof.
  2. A separate license shall be required for each location of a home medical equipment and services provider.
  3. A home medical equipment and services provider shall display its license at its place of business.
  4. Each license as a home medical equipment and services provider, unless sooner suspended or revoked, shall expire on September 30 two (2) years following its date of issuance and be renewable every two (2) years thereafter upon proper application accompanied by a reasonable renewal fee as may be set by administrative regulation of the board, not to exceed three hundred fifty dollars ($350) initially per biennium or increase more than twenty-five dollars ($25) per biennium up to a maximum of four hundred dollars ($400). An additional fee not to exceed the biennial renewal fee may be assessed and set by administrative regulation as a delinquent renewal penalty for failure to renew by September 30 of each biennium.
  5. Licenses to operate shall be issued only for the premises and persons named in the application and shall not be transferable.

HISTORY: Enact. Acts 2012, ch. 73, § 6, effective July 12, 2012; 2016 ch. 103, § 6, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.520 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 6, effective July 15, 2016.

309.418. Grounds for refusal to issue or renew, suspend, or revoke a license or otherwise discipline a licensee — Reinstatement — Expungement of minor violation — Administrative regulations.

  1. If in accordance with KRS Chapter 335B, the board shall refuse to license, or shall suspend a license, if the person seeking or holding a license has ever been convicted of or entered an Alford plea or plea of nolo contendre to a sex crime as defined in KRS 17.500 , a criminal offense against a victim who is a minor as defined in KRS 17.500 , a felony offense under KRS Chapter 209, or an offense which would classify the person as a violent offender under KRS 439.3401 .
  2. The board may refuse to issue or renew a license, or may suspend, temporarily suspend, revoke, fine, place on probation, reprimand, reasonably restrict, or take any combination of these actions against any licensee, for the following reasons:
    1. Unprofessional or unethical conduct;
    2. Mental or physical incapacity that prevents the licensee from engaging or assisting in the provision of home medical equipment and services with reasonable skill, competence, and safety to the public;
    3. Being convicted of or entering an Alford plea or plea of nolo contendere to, irrespective of an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of such plea, one (1) or more or the following, if in accordance with KRS Chapter 335B:
      1. A crime as defined in KRS 335B.010 ; or
      2. A violation of the home medical equipment laws, rules, or administrative regulations of this state, any other state, or the federal government;
    4. Knowing or having reason to know that a home medical equipment and services provider is incapable of engaging or assisting in the practice of providing home medical equipment and services with reasonable skill, competence, and safety to the public and failing to report any relevant information to the board;
    5. Knowingly making or causing to be made any false, fraudulent, or forged statement or misrepresentation of a material fact in securing issuance or renewal of a license;
    6. Engaging in fraud in connection with the practice of the provision of home medical equipment and services;
    7. Engaging in or aiding and abetting an individual to engage or assist in the provision of home medical equipment and services without a license or falsely using the title “home medical equipment and services provider,” “provider,” or other term which might imply that the individual is a home medical equipment and services provider; or
    8. Violation of any order issued by the board to comply with any applicable law or administrative regulation.
  3. As used in this section, “unprofessional or unethical conduct” includes but is not limited to the following acts of a home medical equipment and services provider:
    1. Engaging in conduct likely to deceive, defraud, or harm the public, demonstrating a willful or careless disregard for the health, welfare, or safety of a sick or disabled person, or engaging in conduct which substantially departs from accepted standards of providing home medical equipment and services ordinarily exercised by a home medical equipment and services provider, with or without established proof of actual injury;
    2. Engaging in grossly negligent professional conduct, with or without established proof of actual injury;
    3. Obtaining any remuneration by fraud, misrepresentation, or deception;
    4. Providing home medical equipment and services that carry a legend or require a prescription without a medical order from a licensed health care practitioner; or
    5. Willfully or knowingly failing to maintain complete and accurate records of home medical equipment and services provided in compliance with federal and state laws, rules, or administrative regulations.
  4. Any licensee who is found guilty of or enters an Alford plea or plea of nolo contendre to a violation prescribed in subsection (1) or (2)(c) of this section shall, within thirty (30) days, notify the board of that conviction or plea. Failure to do so shall be grounds for suspension or revocation of the license.
  5. Any person whose license has been revoked in accordance with this section, other than a person whose license was revoked for being convicted of or entering an Alford plea or plea of nolo contendre to a sex crime as defined in KRS 17.500 , a criminal offense against a victim who is a minor as defined in KRS 17.500 , a felony offense under KRS Chapter 209, or an offense which would classify the person as a violent offender under KRS 439.3401 , may petition the board for reinstatement. The petition shall be made in writing and in a form prescribed by the board. The board shall investigate all reinstatement petitions, and may reinstate a license upon a showing that the former holder has been rehabilitated and is again able to engage in the practice of providing home medical equipment and services with reasonable skill, competency, and safety to the public. Reinstatement may be on the terms and conditions that the board, based on competent evidence, reasonably believes necessary to protect the health and welfare of the citizens of the Commonwealth.
  6. Upon exercising the power of revocation provided for in subsection (2) of this section, the board may reasonably prohibit any petition for reinstatement for a period up to and including five (5) years.
    1. A licensee who is disciplined under this section for a minor violation may request in writing that the board expunge the minor violation from the licensee’s permanent record. (7) (a) A licensee who is disciplined under this section for a minor violation may request in writing that the board expunge the minor violation from the licensee’s permanent record.
    2. The request for expungement may be filed no sooner than three (3) years after the date on which the licensee has completed disciplinary sanctions imposed and if the licensee has not been disciplined for any subsequent violation of the same nature within this period of time.
    3. A person shall not have his or her record expunged under this section more than once.
    4. The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish what are considered minor violations under this subsection. A violation shall be deemed a minor violation if it does not:
      1. Demonstrate a serious inability to practice the profession;
      2. Involve the provisions of home medical equipment and services;
      3. Adversely affect the public health, safety, or welfare;
      4. Result in economic or physical harm to a person; or
      5. Create a significant threat of such harm.

HISTORY: 2016 ch. 103, § 8, effective July 15, 2016; 2017 ch. 158, § 46, effective June 29, 2017.

309.420. Reciprocity with bordering states.

    1. The board may grant a license on the basis of reciprocity to a home medical equipment and services provider located in one (1) of Kentucky’s seven (7) contiguous bordering states that licenses home medical equipment and services providers if: (1) (a) The board may grant a license on the basis of reciprocity to a home medical equipment and services provider located in one (1) of Kentucky’s seven (7) contiguous bordering states that licenses home medical equipment and services providers if:
      1. The out-of-state provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states possesses a valid license from a jurisdiction that grants the same privileges to persons licensed by the Commonwealth as the Commonwealth grants to persons licensed by the other jurisdiction;
      2. The requirements for licensure in the contiguous bordering state, including but not limited to a requirement for a physical location in the state as a condition of issuing or renewing a license, are substantially similar to the requirements under KRS 309.400 to 309.422 ; and
      3. The out-of-state provider seeking licensure states that he or she has studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder.
      1. Notwithstanding subsection (2) of this section, the board may grant a license on the basis of reciprocity to a home medical equipment and services provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states that does not license home medical equipment and services providers if the out-of-state provider seeking to operate in Kentucky states by affidavit that he or she has studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder; and (b) 1. Notwithstanding subsection (2) of this section, the board may grant a license on the basis of reciprocity to a home medical equipment and services provider physically located in one (1) of Kentucky’s seven (7) contiguous bordering states that does not license home medical equipment and services providers if the out-of-state provider seeking to operate in Kentucky states by affidavit that he or she has studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder; and
      2. The contiguous bordering state grants the same privileges to persons licensed in the Commonwealth as the Commonwealth grants to providers from the state described in subparagraph 1. of this paragraph.
  1. If the requirements for licensure under KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder are more restrictive than the standards of a contiguous jurisdiction, then the out-of-state provider shall comply with the additional requirements of KRS 309.400 to 309.422 to obtain a reciprocal license.

HISTORY: Enact. Acts 2012, ch. 73, § 7, effective July 12, 2012; 2015 ch. 56, § 2, effective June 24, 2015; 2016 ch. 103, § 7, effective July 15, 2016.

Compiler's Notes.

This section formerly appeared as KRS 315.522 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 7, effective July 15, 2016.

309.422. Providing home medical equipment and services without license — Penalty.

  1. A person who engages in the business of providing home medical equipment and services and who is required to be licensed under KRS 309.412 or 309.420 and who knowingly provides home medical equipment and services without a license issued by the board commits a Class A misdemeanor.
  2. Each day a violation of this section continues constitutes a separate offense.

HISTORY: Enact. Acts 2012, ch. 73, § 8, effective July 12, 2012; 2016 ch. 103, § 10, effective July 15, 2016.

Legislative Research Commission Notes.

(7/15/2016). Subsection (1) of 2016 Ky. Acts ch. 103, sec. 10 (this statute) reads in part “who is required to be licensed under Section 5 or 7 of this Act” Section 5 of that Act was KRS 309.414 , which prescribes the process for applying for a license as a home medical equipment and services provider, and Section 7 of that Act was KRS 309.420 , which provides license reciprocity in Kentucky for providers licensed in another state. However, it was Section 3 of that Act, KRS 309.412 , that contains the requirement that a person providing home medical equipment and services be licensed. Therefore, Section 3 should have been referred to instead of Section 5. In codifying 2016 Ky. Acts ch. 103, sec. 10, the Reviser of Statutes has changed the citation as codified in subsection (1) of this statute to read in part “who is required to be licensed under KRS 309.412 or 309.420 ” to correct this manifest clerical or typographical error under the authority of KRS 7.136(1)(h).

Compiler’s Notes.

This section formerly appeared as KRS 315.524 prior to its repeal, reenactment and amendment by Acts 2016, ch. 103, § 10, effective July 15, 2016.

CHAPTER 310 Dietitians and Nutritionists

310.005. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Board” means the Kentucky Board of Licensure and Certification for Dietitians and Nutritionists;
  2. “Practice of dietetics or nutrition” means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, and management, and the behavioral and social sciences in achieving and maintaining the health of people through the life cycle and in the treatment of disease. Methods of practice shall include, but are not limited to, nutrition assessments; development, implementation, management, and evaluation of nutrition care plans; nutrition counseling and education; and the development and administration of nutrition care standards and systems;
  3. “Dietitian” means a health care professional practicing dietetics and licensed pursuant to KRS 310.021 ;
  4. “Nutritionist” means a health care professional practicing nutrition and certified pursuant to KRS 310.031 ;
  5. “Nutrition care services” means:
    1. Assessing the nutrition needs of individuals and groups, and determining resources and constraints in the practice setting;
    2. Establishing priorities, goals, and objectives that meet nutrition needs that are consistent with available resources and constraints;
    3. Providing nutrition counseling in health and disease;
    4. Developing, implementing, managing, and evaluating nutrition care systems; and
    5. Developing, evaluating, altering, and maintaining appropriate standards of quality in food and nutrition care services;
  6. “Nutrition assessment” means the evaluation of the nutrition needs of individuals and groups based upon appropriate biochemical, anthropocentric, physical, and dietary data to determine nutrient needs. “Nutrition assessment” includes recommending appropriate nutrition intake, including enteral and parenteral nutrition;
  7. “Nutrition counseling” means advising and assisting individuals or groups on appropriate nutrition intake as components of preventive, curative, and restorative health care by integrating information about the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
  8. “Licensing agency” means the Kentucky Board of Licensure and Certification for Dietitians and Nutritionists;
  9. “License,” means a license issued by the board;
  10. “Certificate” means a certificate issued by the board;
  11. “Licensed dietitian” means a person licensed by the board and qualified pursuant to the criteria as established in KRS 310.021 ;
  12. “Certified nutritionist” means a person certified by the board and qualified pursuant to the criteria as established in KRS 310.031 ; and
  13. “Commission on Dietetic Registration” means the commission established by the American Dietetic Association for review and registration for registered dietitians.

History. Enact. Acts 1994, ch. 319, § 1, effective July 15, 1994.

310.010. Requirements for certification as a dietitian. [Repealed.]

Compiler’s Notes.

This section (Acts 1988, ch. 246, § 1) was repealed by Acts 1994, ch. 319, § 11.

310.020. Designation as a “registered dietitian.” [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 246, § 2) was repealed by Acts 1994, ch. 319, § 11.

310.021. Licensure as a dietitian.

  1. An applicant for licensure as a dietitian shall file a written application on forms provided by the board.
  2. An applicant for licensure as a dietitian shall meet the standards of professional responsibility and practice consistent with those standards of professional responsibility and practice adopted by the American Dietetic Association.
  3. An applicant for licensure as a dietitian shall be a graduate of a baccalaureate or post-baccalaureate degree program, approved by the board, from a United States regionally-accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, food systems management, or an equivalent major course of study.
  4. An applicant for licensure as a dietitian shall have successfully completed a documented supervised practice experience under the supervision of a registered dietitian who is accredited by the American Dietetic Association.
  5. An applicant for licensure as a dietitian shall have passed the national examination administered by the Commission on Dietetic Registration.

History. Enact. Acts 1994, ch. 319, § 2, effective July 15, 1994.

310.030. Designation as “certified nutritionist.” [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 246, § 3, effective July 15, 1988) was repealed by Acts 1994, ch. 319, § 11, effective July 15, 1994.

310.031. Certification as a nutritionist.

  1. An applicant for certification as a nutritionist shall file a written application on forms provided by the board.
  2. An applicant for certification as a nutritionist shall:
    1. Be a graduate of a baccalaureate degree program, approved by the board, from a United States regionally-accredited college or university; and
    2. Be a graduate of a master’s degree program, approved by the board, in food science, nutrition, or a closely related area to food science or nutrition, and have a minimum of twelve (12) semester hours of graduate credit in human nutrition from a United States regionally-accredited college or university, or
  3. Be qualified for licensure as a licensed dietitian under the provisions of KRS 310.021 and apply to the board for certification as a certified nutritionist.

History. Enact. Acts 1994, ch. 319, § 3, effective July 15, 1994.

310.040. Kentucky Board of Licensure and Certification for Dietitians and Nutritionists.

  1. The Kentucky Board of Licensure and Certification for Dietitians and Nutritionists is hereby created to be comprised of seven (7) members appointed by the Governor. Three (3) members shall be licensed dietitians, three (3) members shall be certified nutritionists and one (1) member shall be a public member who shall have no pecuniary interest in the nutrition field. Of the members from the nutrition field, one (1) shall represent hospitals, one (1) shall represent health care facilities other than hospitals, one (1) shall represent state or local nutritional programs or shall be in private practice and one (1) shall be a dietetic educator. Appointments may be made from a list of nominees submitted to the Governor by the Kentucky Dietetic Association, the Kentucky Hospital Association, the Kentucky Association of Health Care Facilities, and the Kentucky Medical Association.
  2. Each member of the board shall serve for a term of four (4) years, except that for initial appointments, one (1) shall be for four (4) years, two (2) shall be for three (3) years, and two (2) shall be for two (2) years and one (1) shall be for one (1) year. No member shall serve more than two (2) consecutive terms and each member on July 15, 1994, shall serve on the board until his successor is appointed. Vacancies shall be filled by appointment of the Governor for the unexpired term.
  3. The board shall organize annually and elect one (1) of its members as chairman and one (1) of its members as secretary. A quorum of the board shall consist of four (4) members. The board shall meet at least quarterly and upon the call of the chairman, or at the request of two (2) or more members to the secretary of the board.
  4. Each member of the board shall receive compensation for services in an amount determined by the department, not to exceed one hundred dollars ($100) dollars per meeting. The members shall be reimbursed for all travel expenses for attending the meetings of the board. The compensation of members and employees of the board shall be paid from the revolving fund established in KRS 310.041(7).

History. Enact. Acts 1988, ch. 246, § 4, effective July 15, 1988; 1994, ch. 319, § 7, effective July 15, 1994; 2009, ch. 12, § 50, effective June 25, 2009; 2010, ch. 24, § 1668, effective July 15, 2010.

310.041. Powers and duties of board.

The board shall:

  1. Promulgate administrative regulations in accordance with KRS Chapter 13A implementing the provisions of KRS 310.005 , 310.021 , 310.031 , 310.040 , 310.041 , 310.042 , 310.050 , 310.070 , and 310.990 ;
  2. Issue initial licenses and certificates and license and certificate renewals;
  3. Notify in writing any person determined by the board to be in violation of this chapter or the administrative regulations promulgated thereunder. The notification shall state that the person may request a hearing by the board within an amount of time specified by the board. If a hearing is requested, the hearing shall be conducted in accordance with KRS Chapter 13B. If the person fails to request the hearing, or if the board determines from the hearing that the person is in violation of this chapter or the administrative regulations promulgated thereunder, the board may apply to the Circuit Court of the county in which the violation occurred for an injunction or other appropriate restraining order to prohibit the continued violation;
  4. Publish and make available to the public, upon request and for a fee not to exceed the actual cost of printing and mailing, the administrative regulations of the board and the requirements for licensure and certification;
  5. Establish fees, subject to maximum limitations prescribed in this chapter, in amounts sufficient to pay the expenses of the board directly attributable to the performance of its duties pursuant to the provisions of this chapter;
  6. Review and approve or reject the qualifications of all applicants for licensure and certification and issue all approved licenses and certificates;
  7. Collect or receive all fees, fines, and moneys owed pursuant to the provisions of this chapter and to deposit all fees, fines, and moneys into the State Treasury to the credit of a revolving fund for the use of the board. No part of this revolving fund shall revert to the general funds of this Commonwealth;
  8. Deny, suspend, or revoke the license or certification of or to otherwise discipline or fine, by administrative penalty not to exceed five hundred dollars ($500), or reprimand a license or certificate holder found guilty of violating any provisions of this chapter or the administrative regulations promulgated thereunder;
  9. Promulgate administrative regulations in accordance with KRS Chapter 13A to establish conditions for granting a retired or inactive licensure status; and
  10. Promulgate administrative regulations in accordance with KRS Chapter 13A to establish procedures to permit a licensee or certificate holder to voluntarily relinquish a license or certificate and conditions to reinstate a voluntarily relinquished license or certificate.

History. Enact. Acts 1994, ch. 319, § 5, effective July 15, 1994; 1996, ch. 318, § 250, effective July 15, 1996; 2008, ch. 51, § 1, effective July 15, 2008.

310.042. Conduct warranting denial, refusal to renew, or suspension or revocation of license or certificate or disciplinary action — Administrative hearing.

  1. The board may deny or refuse to renew a license or certificate, suspend or revoke a license or certificate, or issue orders to cease and desist from certain conduct or to otherwise discipline an applicant, a licensee, a certificate holder, or a person found guilty of violating any provisions of this chapter, if that person has:
    1. Attempted to or obtained licensure or certification by fraud or misrepresentation;
    2. Engaged in habitual intoxication or unprofessional conduct, including, but not limited to, willful acts of negligence or a pattern of continued and repeated malpractice, negligence, or incompetence in the course of professional practice;
    3. Engaged in habitual intoxication or personal misuse of any drug, narcotics, or controlled substances so as to adversely affect his ability to practice;
    4. Been convicted of a crime as defined in KRS 335B.010 , if in accordance with KRS Chapter 335B;
    5. Violated any lawful order or ruling of the board or any administrative regulation promulgated by the board; or
    6. Violated any provisions of this chapter.
  2. All administrative hearings for the disciplinary action against a license or certificate holder shall be conducted in accordance with KRS Chapter 13B.

HISTORY: Enact. Acts 1994, ch. 319, § 6, effective July 15, 1994; 1996, ch. 318, § 251, effective July 15, 1996; 2017 ch. 158, § 47, effective June 29, 2017.

310.050. Fees — Annual renewal — Automatic revocation for nonrenewal — Reinstatement — Exceptions.

  1. The board, by duly-promulgated administrative regulation, shall establish fees for the application, reinstatement, and renewal of a license or certificate and fees for reciprocal and duplicate licensure or certification.
  2. No fee shall exceed fifty dollars ($50).
  3. A license or certificate shall be renewed annually and only upon timely payment of the renewal fee and documented successful completion of continuing education as required by the board.
  4. A licensee or certificate holder who fails to renew his or her license or certificate within sixty (60) days after renewal becomes due shall have the license or certificate automatically revoked without further notice or hearing. Any person whose license or certificate is automatically revoked as provided in this subsection may have the license or certificate reinstated by the board in its discretion upon payment of all past-due renewal fees and a reinstatement fee.
  5. Subsections (3) and (4) of this section shall not apply if the board has granted the license or certificate holder a special license or certificate status under KRS 310.041(9) or (10).

History. Enact. Acts 1988, ch. 246, § 5, effective July 15, 1988; 1994, ch. 319, § 8, effective July 15, 1994; 2008, ch. 51, § 2, effective July 15, 2008.

Opinions of Attorney General.

The State Board of Certification of Dietitians and Nutritionists is only empowered to certify dietitians and nutritionists. OAG 90-122 .

310.060. Construction of KRS 310.010 to 310.050. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 246, § 6, effective July 15, 1988) was repealed by Acts 1994, ch. 319, § 11, effective July 15, 1994.

310.070. Unlawful practice or use of title — Exceptions.

  1. It shall be unlawful for any person to engage in the practice of dietetics or nutrition, to act or to represent himself to be a dietitian or a nutritionist, or to use such titles as “dietitian,” “nutritionist,” “licensed dietitian,” “certified nutritionist,” or such letters as “L.D.,” “C.N.,” or any word, letters, or title indicating or implying that the person is a dietitian or nutritionist, unless that person holds a license or certificate issued by the board.
  2. Nothing in this chapter shall be construed to prevent or restrict:
    1. A person licensed in this state from carrying out any therapy or practice for which he is duly licensed, including but not limited to physicians, osteopaths, podiatrists, chiropractors, dentists, and nurses;
    2. A student enrolled in an approved academic program in dietetics, if the practice constitutes a part of a course of study under the supervision of a licensed dietitian or certified nutritionist. The student shall be designated by title clearly indicating his status as a student or trainee;
    3. A dietitian serving in the Armed Forces, the Public Health Service of the United States, or employed by the United States Department of Veterans Affairs from engaging in the practice of dietetics, if that practice is related to his service or employment;
    4. Persons performing the activities and services of a nutrition educator in the employment of a federal, state, county, or municipal agency or in an elementary or secondary school or accredited degree granting educational institution, if the activities and services are part of a salaried position;
    5. Federal, state, county, or municipal employees involved with nutrition related programs, including but not limited to, the cooperative extension services, child nutrition programs, and Project Headstart from engaging in the practice of dietetics or nutrition within the discharge of their official duties. Any person engaging in the practice of dietetics or nutrition outside the scope of his official duties shall be licensed as provided in this chapter; or
    6. Persons employed in a hospital or nursing home from performing dietary services under the supervision of a licensed dietitian.
  3. The provisions of this chapter shall not apply to a person who owns a health food store or who manufactures, distributes, or sells health foods, dietary supplements, or vitamins nor shall the provisions of this chapter be construed to affect any other person who provides nutritional or dietary advice or sells nutritional or dietary supplements if the person does not use the title dietitian, licensed dietitian, or certified nutritionist.

HISTORY: Enact. Acts 1994, ch. 319, § 4, effective July 15, 1994; 2017 ch. 42, § 15, effective June 29, 2017.

310.080. Licensure and certification until July 15, 1995, of applicants certified under prior law.

For a period of one (1) year from July 15, 1994, the board shall issue a license to an applicant who is currently certified as a dietitian and a certificate to an applicant who is currently certified as a nutritionist.

History. Enact. Acts 1994, ch. 319, § 10, effective July 15, 1994.

310.200. Duty of treating dietitian or nutritionist utilizing telehealth to ensure patient’s informed consent and maintain confidentiality — Board to promulgate administrative regulations — Definition of “telehealth”.

  1. A treating dietitian or nutritionist who provides or facilitates the use of telehealth shall ensure:
    1. That the informed consent of the patient, or another appropriate person with authority to make the health care treatment decision for the patient, is obtained before services are provided through telehealth; and
    2. That the confidentiality of the patient’s medical information is maintained as required by this chapter and other applicable law. At a minimum, confidentiality shall be maintained through appropriate processes, practices, and technology as designated by the board and that conform to applicable federal law.
  2. The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and as necessary to:
    1. Prevent abuse and fraud through the use of telehealth services;
    2. Prevent fee-splitting through the use of telehealth services; and
    3. Utilize telehealth in the provision of dietitian and nutrition services and in the provision of continuing education.
  3. For purposes of this section, “telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education.

History. Enact. Acts 2000, ch. 376, § 10, effective July 14, 2000.

310.990. Penalties.

  1. Any person who violates the provisions of this chapter or who seeks to be certified or is certified under false pretenses or as a result of fraudulent information, shall be guilty of a Class A misdemeanor.
  2. In addition, any person who violates the provisions of this chapter, shall be guilty of violating KRS 367.170 of the Consumer Protection Act and shall be subject to injunction and any other penalties provided for in KRS Chapter 367.

History. Enact. Acts 1988, ch. 246, § 7, effective July 15, 1988; 1994, ch. 319, § 9, effective July 15, 1994.

Research References and Practice Aids

Cross-References.

Sentence of imprisonment for misdemeanor, see KRS 532.090 .

CHAPTER 311 Physicians, Osteopaths, Podiatrists, and Related Medical Practitioners

311.010. Definitions. [Repealed.]

Compiler’s Notes.

This section (2615-1, 2615-2, 2616, 2618a-4, 2618a-7, 2618a-12: amend. Acts 1950, ch. 86, § 20) was repealed by Acts 1952, ch. 150, § 18.

311.020. Practice of medicine without license prohibited. [Repealed.]

Compiler’s Notes.

This section (2613-1, 2618, 2618a-4) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.030. Qualifications for examination. [Repealed.]

Compiler’s Notes.

This section (2613-1, 2613a-1) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.040. Application — Notice of examination — Form of certificate — Fee. [Repealed.]

Compiler’s Notes.

This section (2613-1, 2618a-2) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.050. Fee for examination to practice limited school or system of medicine. [Repealed.]

Compiler’s Notes.

This section (2618a-2) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.060. Examination. [Repealed.]

Compiler’s Notes.

This section (2613-2, 2618a-1) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.070. Examination of applicants — Limited schools or systems of practice. [Repealed.]

Compiler’s Notes.

This section (2618a-1, 2618a-3) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.080. Limited license — Purpose — Examination — Renewal. [Repealed.]

Compiler’s Notes.

This section (2613a-2) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.090. Registration required before practicing medicine. [Repealed.]

Compiler’s Notes.

This section (2612, 2618a-3) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.100. County clerk to keep medical register — Fee. [Repealed.]

Compiler’s Notes.

This section (2611) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.110. Grounds for suspension — Revocation — Refusal to issue license. [Repealed.]

Compiler’s Notes.

This section (2613a-4, 2615) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.120. Hearing on suspension — Revocation — Appeal to Governor from any action concerning license. [Repealed.]

Compiler’s Notes.

This section (2613a-4, 2615) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

311.130. Enforcement — Duty of state and local boards. [Repealed.]

Compiler’s Notes.

This section (2613a-5, 2617) was repealed by Acts 1952, ch. 150, § 18. For present law see KRS 311.530 to 311.620 .

Utilization Review

311.131. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 1, effective January 1, 1991; 1998, ch. 426, § 529, effective July 15, 1998) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-600 .

311.132. Certificate required for private review agent — Exceptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 2, effective January 1, 1991; 1998, ch. 426, § 530, effective July 15, 1998) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-627 .

311.133. Administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 3, effective January 1, 1991; 1998, ch. 426, § 531, effective July 15, 1998) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-629 .

311.134. Requirements for health benefit program covering hospital and medical benefits and utilization review thereof. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 4, effective January 1, 1991) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-600 et seq.

311.135. Application for a certificate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 5, effective January 1, 1991) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-627 .

311.136. Expiration and renewal of certificate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 6, effective January 1, 1991) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-627 .

311.137. Revocation or denial of certificate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 7, effective January 1, 1991) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-627 .

311.138. Hearing and appeal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 8, effective January 1, 1991; 1996, ch. 318, § 252, effective July 15, 1996) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-600 et seq.

311.139. Confidentiality of individual medical records. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 495, § 9, effective January 1, 1991) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-623 .

311.140. Practice of optometry without license prohibited. [Repealed.]

Compiler’s Notes.

This section (2612, 2618a-3, 2618a-8, and 2618a-12) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Ch. 320.

311.150. Qualifications for license. [Repealed.]

Compiler’s Notes.

This section (2613-1, 2613a-1) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.160. Application — Notice of examination — Form of certificate. [Repealed.]

Compiler’s Notes.

This section (2613-1, 2618a-2) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

Anatomical Gifts

311.165. Definitions for KRS 311.165 to 311.235. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 1; 1992, ch. 447, § 1, effective July 14, 1992) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. For present law, see Revised Uniform Anatomical Gift Act, KRS 311.1911 , et seq.

311.170. Fees. [Repealed.]

Compiler’s Notes.

This section (2618a-2 and 2618a-5) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.171. Prohibitions and restrictions relating to transplantable organs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 447, § 2, effective July 14, 1992) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. For present law, see KRS 311.1911 et seq.

311.175. Persons who may execute an anatomical gift. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 2) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. For present law, see KRS 311.1911 et seq.

311.180. Examination. [Repealed.]

Compiler’s Notes.

This section (2613-2 and 2618a-1) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.185. Persons who may become donees — Purposes for which anatomical gifts may be made. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 3) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. For present law, see KRS 311.1911 et seq.

311.187. Removal of cornea or corneal tissue from decedent whose death defined as a coroner’s case — Conditions — Who may remove. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 41, § 1, effective July 15, 1980; 1986, ch. 481, § 1, effective July 15, 1986) was repealed, reenacted and amended as KRS 311.1961 by Acts 2010, ch. 161, § 26, effective July 15, 2010. For present law, see KRS 311.1911 et seq.

311.190. Special provisions concerning examination of optometrists. [Repealed.]

Compiler’s Notes.

This section (2618a-1) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

Revised Uniform Anatomical Gift Act

311.1911. Definitions for KRS 311.1911 to 311.1959.

As used in KRS 311.1911 to 311.1959 :

  1. “Adult” means an individual who is at least eighteen (18) years of age;
  2. “Agent” means an individual:
    1. Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or
    2. Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal;
  3. “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education;
  4. “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than KRS 311.1911 to 311.1959 , a fetus; however, the term “fetus” does not include a blastocyst, embryo, or fetus that was the subject of an induced abortion;
  5. “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under KRS 311.1929 ;
  6. “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry;
  7. “Donor” means an individual whose body or part is the subject of an anatomical gift;
  8. “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;
  9. “Driver’s license” means a license or permit issued by the Transportation Cabinet to operate a vehicle, whether or not conditions are attached to the license or permit;
  10. “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes;
  11. “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem;
  12. “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state;
  13. “Identification card” means an identification card issued by the Transportation Cabinet;
  14. “Know” means to have actual knowledge;
  15. “Minor” means an individual who is under eighteen (18) years of age;
  16. “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization;
  17. “Parent” means a parent whose parental rights have not been terminated;
  18. “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body;
  19. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
  20. “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state;
  21. “Procurement organization” means an eye bank, organ procurement organization, or tissue bank;
  22. “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;
  23. “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;
  24. “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted;
  25. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
  26. “Refusal” means a record created under KRS 311.1921 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part;
  27. “Sign” means, with the present intent to authenticate or adopt a record:
    1. To execute or adopt a tangible symbol; or
    2. To attach to or logically associate with the record an electronic symbol, sound, or process;
  28. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
  29. “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an ocular enucleator;
  30. “Tissue” means a portion of the human body other than an organ or an eye. The term does not include:
    1. Blood unless the blood is donated for the purpose of research or education; or
    2. An ovum or sperm for the purpose of creating an embryo to be used in therapy, research, or education;
  31. “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue; and
  32. “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

History. Enact. Acts 2010, ch. 161, § 1, effective July 15, 2010.

311.1913. Application of KRS 311.1911 to 311.1959.

KRS 311.1911 to 311.1959 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

History. Enact. Acts 2010, ch. 161, § 2, effective July 15, 2010.

311.1915. Who may make anatomical gift before donor’s death.

Subject to KRS 311.1923 , an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in KRS 311.1917 by:

  1. The donor, if the donor is an adult or if the donor is a minor and is:
    1. Emancipated; or
    2. Authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age;
  2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
  3. A parent of the donor, if the donor is an unemancipated minor; or
  4. The donor’s guardian.

History. Enact. Acts 2010, ch. 161, § 3, effective July 15, 2010.

311.1917. Manner of making anatomical gift before donor’s death.

  1. A donor may make an anatomical gift:
    1. By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
    2. In a will;
    3. During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
    4. As provided in subsection (2) of this section.
  2. A donor or other person authorized to make an anatomical gift under KRS 311.1915 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
    1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
    2. State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
  3. Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
  4. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
  5. The making of an anatomical gift shall not under any circumstances be construed to authorize or direct the denial of health care or hydration and nourishment when the withholding or withdrawal of health care or hydration and nourishment will result in or hasten death.

History. Enact. Acts 2010, ch. 161, § 4, effective July 15, 2010.

311.1919. Amending or revoking anatomical gift before donor’s death.

  1. Subject to KRS 311.1923 , a donor or other person authorized to make an anatomical gift under KRS 311.1915 may amend or revoke an anatomical gift by:
    1. A record signed by:
      1. The donor;
      2. The other person; or
      3. Subject to subsection (2) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
    2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
  2. A record signed pursuant to subsection (1)(a)3. of this section shall:
    1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
    2. State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
  3. Subject to KRS 311.1923 , a donor or other person authorized to make an anatomical gift under KRS 311.1915 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
  4. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
  5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (1) of this section.

History. Enact. Acts 2010, ch. 161, § 5, effective July 15, 2010.

311.1921. Refusal to make anatomical gift — Effect of refusal.

  1. An individual may refuse to make an anatomical gift of the individual’s body or part by:
    1. A record signed by:
      1. The individual; or
      2. Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
    2. The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
    3. Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
  2. A record signed pursuant to subsection (1)(a)2. of this section shall:
    1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and
    2. State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
  3. An individual who has made a refusal may amend or revoke the refusal:
    1. In the manner provided in subsection (1) of this section for making a refusal;
    2. By subsequently making an anatomical gift pursuant to KRS 311.1917 that is inconsistent with the refusal; or
    3. By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
  4. Except as otherwise provided in KRS 311.1923(8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

History. Enact. Acts 2010, ch. 161, § 6, effective July 15, 2010.

311.1923. Preclusive effect of anatomical gift, amendment, or revocation.

  1. Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under KRS 311.1917 or an amendment to an anatomical gift of the donor’s body or part under KRS 311.1919 .
  2. A donor’s revocation of an anatomical gift of the donor’s body or part under KRS 311.1919 is not a refusal and does not bar another person specified in KRS 311.1915 or 311.1925 from making an anatomical gift of the donor’s body or part under KRS 311.1917 or 311.1927 .
  3. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under KRS 311.1917 or an amendment to an anatomical gift of the donor’s body or part under KRS 311.1919 , another person may not make, amend, or revoke the gift of the donor’s body or part under KRS 311.1927 .
  4. A revocation of an anatomical gift of a donor’s body or part under KRS 311.1919 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under KRS 311.1917 or 311.1927 .
  5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS 311.1915 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
  6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS 311.1915 , an anatomical gift of a part for one (1) or more of the purposes set forth in KRS 311.1915 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under KRS 311.1917 or 311.1927 .
  7. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
  8. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

History. Enact. Acts 2010, ch. 161, § 7, effective July 15, 2010.

311.1925. Who may make anatomical gift of decedent’s body or part.

  1. Subject to subsections (2) and (3) of this section and unless barred by KRS 311.1921 or 311.1923 , an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
    1. An agent of the decedent at the time of death who could have made an anatomical gift under KRS 311.1915(2) immediately before the decedent’s death;
    2. The spouse of the decedent;
    3. Adult children of the decedent;
    4. Parents of the decedent;
    5. Adult siblings of the decedent;
    6. Adult grandchildren of the decedent;
    7. Grandparents of the decedent; and
    8. The persons who were acting as the guardians of the person of the decedent at the time of death.
  2. If there is more than one (1) member of a class listed in subsection (1)(a), (c), (d), (e), (f), (g), or (h) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under KRS 311.1929 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
  3. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.

History. Enact. Acts 2010, ch. 161, § 8, effective July 15, 2010.

311.1927. Manner of making, amending, or revoking anatomical gift of decedent’s body or part.

  1. A person authorized to make an anatomical gift under KRS 311.1925 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
  2. Subject to subsection (3) of this section, an anatomical gift by a person authorized under KRS 311.1925 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under KRS 311.1925 may be:
    1. Amended only if a majority of the reasonably available members agree to the amending of the gift; or
    2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
  3. A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

History. Enact. Acts 2010, ch. 161, § 9, effective July 15, 2010.

311.1929. Persons that may receive anatomical gift — Purpose of anatomical gift.

  1. An anatomical gift may be made to the following persons named in the document of gift:
    1. A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;
    2. Subject to subsection (2) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or
    3. An eye bank or tissue bank.
  2. If an anatomical gift to an individual under subsection (1)(b) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (7) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
  3. If an anatomical gift of one (1) or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (1) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:
    1. If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;
    2. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;
    3. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; or
    4. If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
  4. For the purpose of subsection (3) of this section, if there is more than one (1) purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
  5. If an anatomical gift of one (1) or more specific parts is made in a document of gift that does not name a person described in subsection (1) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.
  6. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.
  7. For purposes of subsections (2), (5), and (6) of this section the following rules apply:
    1. If the part is an eye, the gift passes to the appropriate eye bank;
    2. If the part is tissue, the gift passes to the appropriate tissue bank, except that a tissue bank shall not receive an ovum or sperm for the purpose of creating an embryo to be used in therapy, research, or education; or
    3. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
  8. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b) of this section, passes to the organ procurement organization as custodian of the organ.
  9. If an anatomical gift does not pass pursuant to subsections (1) to (8) of this section or the decedent’s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
  10. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under KRS 311.1917 or 311.1927 or if the person knows that the decedent made a refusal under KRS 311.1921 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
  11. Except as otherwise provided in subsection (1)(b) of this section, nothing in KRS 311.1911 to 311.1959 affects the allocation of organs for transplantation or therapy.

History. Enact. Acts 2010, ch. 161, § 10, effective July 15, 2010.

311.1931. Search and notification.

  1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
    1. A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
    2. If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
  2. If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (1)(a) of this section, and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
  3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

History. Enact. Acts 2010, ch. 161, § 11, effective July 15, 2010.

311.1933. Delivery of document of gift not required — Right to examine.

  1. A document of gift need not be delivered during the donor’s lifetime to be effective.
  2. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under KRS 311.1929 .

History. Enact. Acts 2010, ch. 161, § 12, effective July 15, 2010.

311.1935. Rights and duties of procurement organization and others.

  1. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Transportation Cabinet, the registry created under KRS 311.1947 , and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
  2. A procurement organization shall be allowed reasonable access to information in the records of the registries listed in subsection (1) of this section to ascertain whether an individual at or near death is a donor.
  3. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination of records necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. Measures necessary to ensure the medical suitability of the part from a prospective donor may be administered unless it is determined that the administration of those measures would not provide the prospective donor with appropriate end-of-life care, or it can be anticipated by reasonable medical judgment that such measures would result in or hasten the prospective donor’s death.
  4. Unless prohibited by law other than KRS 311.1911 to 311.1959 , at any time after a donor’s death, the person to which a part passes under KRS 311.1929 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
  5. Unless prohibited by law other than KRS 311.1911 to 311.1959 , an examination under subsection (3) or (4) of this section may include an examination of all medical and dental records of the donor or prospective donor.
  6. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
  7. Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in KRS 311.1925 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
  8. Subject to KRS 311.1929 (9) and 311.1953 , the rights of the person to which a part passes under KRS 311.1929 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and KRS 311.1911 to 311.1959 , a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under KRS 311.1929, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
  9. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.
  10. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

History. Enact. Acts 2010, ch. 161, § 13, effective July 15, 2010.

311.1937. Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

History. Enact. Acts 2010, ch. 161, § 14, effective July 15, 2010.

311.1939. Sale or purchase of parts prohibited.

  1. Except as otherwise provided in subsection (2) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death shall be imprisoned in the penitentiary for not less than one (1) nor more than five (5) years or be fined not more than fifty thousand dollars ($50,000), or both.
  2. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

History. Enact. Acts 2010, ch. 161, § 15, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Designation of offenses, see KRS 532.020 .

311.1939. Sale or purchase of parts prohibited.

  1. Except as otherwise provided in subsection (4) of this section, a person shall not, for valuable consideration, knowingly purchase, sell, transfer, or offer to purchase, sell, or transfer a part for transplantation or therapy if removal of a part from an individual has occurred, is intended to occur, or after the individual’s death.
  2. A for-profit entity shall not engage, directly or indirectly, in the procurement, transfer, or distribution of any human eye, cornea, eye tissue, corneal tissue, or portions of eyes.
  3. A person who knowingly violates any of the provisions in this section shall be imprisoned in the penitentiary for not less than one (1) nor more than five (5) years or be fined not more than fifty thousand dollars ($50,000), or both.
  4. A non-profit entity may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

HISTORY: Enact. Acts 2010, ch. 161, § 15, effective July 15, 2010; 2021 ch. 49, § 1.

311.1941. Other prohibited acts.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal shall be imprisoned in the penitentiary for not less than one (1) nor more than five (5) years or be fined not more than fifty thousand dollars ($50,000), or both.

History. Enact. Acts 2010, ch. 161, § 16, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Designation of offenses, see KRS 532.020 .

311.1943. Immunity for persons acting in accordance with KRS 311.1911 to 311.1959, anatomical gift laws of another state, or in good faith.

  1. A person that acts in accordance with KRS 311.1911 to 311.1959 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
  2. Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
  3. In determining whether an anatomical gift has been made, amended, or revoked under KRS 311.1911 to 311.1959 , a person may rely upon representations of an individual listed in KRS 311.1925(1)(b), (c), (d), (e), (f), or (g) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

History. Enact. Acts 2010, ch. 161, § 17, effective July 15, 2010.

311.1945. Law governing validity of document of gift — Choice of law — Presumption of validity.

  1. A document of gift is valid if executed in accordance with:
    1. KRS 311.1911 to 311.1959 ;
    2. The laws of the state or country where it was executed; or
    3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
  2. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
  3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

History. Enact. Acts 2010, ch. 161, § 18, effective July 15, 2010.

311.1947. Statewide electronic registry for organ and tissue donations — Collaboration among agencies — Strategies for operation.

  1. Contingent upon the availability of funding, the Cabinet for Health and Family Services shall facilitate the establishment of a statewide electronic registry for organ and tissue donation for transplantation purposes. The cabinet may contract with a public or private nonprofit entity to perform gatekeeper functions of the registry that include but are not limited to the operation, maintenance, privacy, and security of the registry.
  2. An ongoing collaboration shall be established among the Transportation Cabinet, the Cabinet for Health and Family Services, the Kentucky Circuit Court Clerks Trust for Life, the Kentucky Hospital Association, the Kentucky Medical Association, and the federally certified organ and tissue procurement organizations that operate in Kentucky to develop strategies for the operation of the registry. Strategies shall include but not be limited to:
    1. Donor designation at the time of application or renewal of a driver’s license;
    2. Donor designation at the time of application or renewal of a state identification card;
    3. Donor designation on the Commonwealth’s single sign-on system;
    4. Other online registration as a donor;
    5. Removal or exit from the registry;
    6. Timely access to the registry by relevant parties in accordance with federal laws and regulations relating to organ and tissue donation and procurement for transplantation purposes; and
    7. Evaluation of the effectiveness of the registry.
  3. The cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section.

HISTORY: Repealed and reenact., Acts 2010, ch. 161, § 19, effective July 15, 2010; 2019 ch. 1, § 1, effective January 1, 2020.

Compiler’s Notes.

This section was formerly compiled as KRS 194A.750 .

311.1949. Effect of anatomical gift or advance health-care directive.

  1. As used in this section:
    1. “Advance health-care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor;
    2. “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and
    3. “Health-care decision” means any decision regarding the health care of the prospective donor.
  2. If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than KRS 311.1911 to 311.1959 to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under KRS 311.1925 . Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part from a prospective donor may be administered unless it is determined that the administration of those measures would not provide the prospective donor appropriate end-of-life care, or it can be anticipated by reasonable medical judgment that such measures would result in or hasten the prospective donor’s death. If the conflict is not resolved expeditiously, the direction of the declaration or advance directive controls.

History. Enact. Acts 2010, ch. 161, § 20, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Kentucky Living Will Directive Act, see KRS 311.621 et seq.

311.195. Manner of executing anatomical gifts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 4; 1974, ch. 15, § 2) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010.

311.1951. Cooperation among medical examiner, coroner, and tissue procurement organizations.

  1. A medical examiner, coroner, and organ and tissue procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation and therapy.
  2. If a medical examiner or coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner or coroner and a postmortem examination is going to be performed, unless the medical examiner or coroner denies recovery in accordance with KRS 311.1953 , the medical examiner or coroner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
  3. A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner or coroner for transplantation and therapy unless the part is the subject of an anatomical gift of organs or tissues for transplantation.

History. Enact. Acts 2010, ch. 161, § 21, effective July 15, 2010.

311.1953. Facilitation of anatomical gift from decedent whose body is under jurisdiction of the medical examiner or coroner.

    1. If a medical examiner or coroner has knowledge that a decedent whose body is under his or her jurisdiction wishes to be an organ or tissue donor, or upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner or coroner. (1) (a) If a medical examiner or coroner has knowledge that a decedent whose body is under his or her jurisdiction wishes to be an organ or tissue donor, or upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner or coroner.
    2. If the body or part of the decedent identified in paragraph (a) of this subsection is medically suitable for transplantation or therapy, the medical examiner or coroner shall release relevant postmortem examination results to the procurement organization.
    3. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner or coroner only if relevant to transplantation or therapy.
  1. The medical examiner or coroner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, X-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner or coroner that the medical examiner or coroner determines may be relevant to the investigation.
  2. A person that has any information requested by a medical examiner or coroner pursuant to subsection (2) of this section shall provide that information as expeditiously as possible to allow the medical examiner or coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation or therapy.
  3. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner or coroner and a postmortem examination is not required, or the medical examiner or coroner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner or coroner and the procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation or therapy.
  4. The medical examiner and procurement organizations shall enter into an agreement setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedent’s cause or manner of death. Decisions regarding the recovery of organs, tissue, and eyes from such a decedent shall be made in accordance with the agreement. In the event that the medical examiner or coroner denies recovery of an anatomical gift, the procurement organization may request the chief medical examiner to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals.
  5. If the medical examiner or coroner or designee allows recovery of a part under subsection (4) or (5) of this section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner or coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.
  6. If the chief medical examiner or coroner determines that a medical examiner or designee is required to be present at a removal procedure under subsection (5) of this section, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner, or coroner, or designee for the additional cost incurred in complying with subsection (5) of this section.

HISTORY: Enact. Acts 2010, ch. 161, § 22, effective July 15, 2010; 2018 ch. 5, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). Section 2 of 2018 Ky. Acts ch. 5 states that Section 1 of that Act, which amended this statute, may be cited as Courtney’s Law.

311.1955. Uniformity of application and construction of the Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959.

In applying and construing the Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959 , consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History. Enact. Acts 2010, ch. 161, § 23, effective July 15, 2010.

311.1957. Relation of KRS 311.1911 to 311.1959 to Electronic Signatures in Global and National Commerce Act.

The Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959 , modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede sec. 101(a) of that act, 15 U.S.C. sec. 7001 , or authorize electronic delivery of any of the notices described in sec. 103(b) of that act, 15 U.S.C. sec. 7003(b) .

History. Enact. Acts 2010, ch. 161, § 24, effective July 15, 2010.

311.1959. Short title for KRS 311.1911 to 311.1959.

KRS 311.1911 to 311.1959 may be cited as the Revised Uniform Anatomical Gift Act.

History. Enact. Acts 2010, ch. 161, § 25, effective July 15, 2010.

311.1961. Removal of cornea or corneal tissue from decedent whose death defined as a coroner’s case — Conditions — Who may remove.

  1. In any case in which a patient is in need of a cornea or corneal tissue for a transplant, the coroner, medical examiner, or his appropriately qualified designee with training in ophthalmologic techniques may, upon the request of any person authorized under KRS 311.1929 , provide or authorize the removal of the cornea or corneal tissue by a qualified physician under the following conditions:
    1. The decedent has been defined as a “coroner’s case” as set forth by KRS 72.405(2), an autopsy has been ordered pursuant to KRS 72.410 , and the cornea or corneal tissue are suitable for transplant;
    2. No objection by the next of kin is known by the coroner or medical examiner; and
    3. The removal of the cornea or corneal tissue will not interfere with the subsequent course of an investigation or autopsy or alter the postmortem facial appearance.
  2. The medical examiner, coroner, or his appropriately qualified designee or any persons authorized under KRS 311.1929 shall not be held liable in any civil or criminal action for failure to obtain consent of the next of kin.
  3. An individual certified by a department of ophthalmology in an accredited school of medicine as having received competent training, may remove corneas for gift after proper certification of death by a physician and in compliance with the provisions of KRS 311.1915 , 311.1925 , 311.1929 , and 311.1935 .

History. Repealed, reenact. and amend., Acts 2010, ch. 161 § 26, effective July 15, 2010.

Compiler’s Notes.

This section was formerly compiled as KRS 311.187 .

311.1963. Family of donor not financially liable for cost of evaluation of donor organ suitability or retrieval of organ.

The family of any individual whose organ is donated for transplantation shall not be financially liable for any cost related to the evaluation of donor organ suitability and any cost of retrieval of the organ.

History. Repealed and reenact., Acts 2010, ch. 161, § 27, effective July 15, 2010.

Compiler’s Notes.

This section was formerly compiled as KRS 311.243 .

311.200. Registration required before practicing optometry. [Repealed.]

Compiler’s Notes.

This section (2612 and 2618a-3) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.205. Delivery of document of gift. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 5) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.210. Grounds for suspension, revocation, refusal to issue license. [Repealed.]

Compiler’s Notes.

This section (2615, 2618a-6, and 2618a-9: amend. Acts 1948, ch. 17, effective June 17, 1948) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.215. Amendment or revocation of the gift. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 6; 1992, ch. 447, § 3, effective July 14, 1992) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.220. Reissuance. [Repealed.]

Compiler’s Notes.

This section (2618a-11) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.225. Rights and duties at death. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, § 7; 1992, ch. 447, § 4, effective July 14, 1992) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.230. Board may make rules; bring injunction proceedings. [Repealed.]

Compiler’s Notes.

This section (2618a-10) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.235. Uniformity of interpretation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 68, §§ 8, 9) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.236. Disposition of organs given as anatomical gifts for which no donee is specified — Reciprocal agreements among organ procurement organizations — Restrictions upon out-of-state organ transfers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 4, § 1, effective July 14, 2000) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.237. Requirement to honor donor’s wishes unless revoked. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 88, § 1, effective July 14, 2000) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.240. Person practicing illegally not entitled to compensation. [Repealed.]

Compiler’s Notes.

This section (2618a-12) was repealed by Acts 1950, ch. 86, § 21. For present law see KRS Chapter 320.

311.241. Hospitals to establish organ-procurement protocol — Notification to federally certified organ-procurement organization of potential availability of organ and identity of potential donor — Reporting of information on sale, purchase, or brokering of transplantable organs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 19, § 1, effective July 15, 1986; 1992, ch. 447, § 5, effective July 14, 1992; 1998, ch. 426, § 532, effective July 15, 1998; 2005, ch. 99, § 581, effective June 20, 2005) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.243. Family of donor not financially liable for cost of evaluation of donor organ suitability or retrieval of organ. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 19, § 2, effective July 15, 1986) was repealed and reenacted as KRS 311.1963 by Acts 2010, ch. 161, § 27, effective July 15, 2010.

311.245. Duty of hospital and allied health personnel to make known patient’s intent to donate organ. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 19, § 3, effective July 15, 1986) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

311.247. Duty of law enforcement and medical personnel in accident and coroners’ cases. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 19, § 4, effective July 15, 1986) was repealed by Acts 2010, ch. 161, § 36, effective July 15, 2010. See now KRS 311.1911 to 311.1959 .

General Provisions

311.250. Itinerant medical company to obtain license — Fee.

No itinerant medical company of two (2) or more persons shall travel as a troupe or company as vendors of any drug, nostrum, or instrument intended for the treatment of any disease or injury, or by any writing or printing profess to the public to treat disease or deformity by the use of any drug, nostrum, or instrument without first obtaining a license from the secretary for health and family services. The fee for such license shall be one hundred dollars ($100) per month. The secretary shall issue licenses to reputable and worthy applicants upon payment of the fee each month, but may for sufficient cause refuse to issue such license.

History. 2615-3: amend. Acts 1968, ch. 152, § 144; 1974, ch. 74, Art. VI, § 107(10); 1998, ch. 426, § 533, effective July 15, 1998; 2005, ch. 99, § 582, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

Administrative organization and regulations, KRS Chapters 12, 13A.

Chiropractors, KRS Chapter 312.

Communicable diseases, KRS Chapter 214.

Dentists and dental specialists, KRS Chapter 313.

Embalmers and funeral directors, KRS Chapter 316.

Hospitals, KRS Chapters 216, 216A, 216B.

Legal notices, KRS Chapter 424.

Ophthalmic dispensers, KRS Chapter 326.

Optometrists, KRS Chapter 320.

Pharmacists, KRS Chapter 315.

Physical therapists, KRS Chapter 327.

Psychologists, KRS Chapter 319.

Registered and practical nurses, KRS Chapter 314.

Testing of blood specimens of pregnant women, KRS 214.160 , 214.170 .

Veterinarians, KRS Chapter 321.

Vital statistics, KRS Chapter 213.

Workers’ compensation act, fees of physicians thereunder regulated, KRS 342.320 .

311.260. Itinerant doctors not to register or practice.

Nothing in this chapter shall authorize any itinerant doctor to register or to practice medicine in this state.

History. 2614.

311.270. Selling the patient, what constitutes. [Repealed.]

Compiler’s Notes.

This section (2618b-1) was repealed by Acts 1952, ch. 150, § 18.

311.271. Preliminary educational requirements for practitioners of healing arts.

  1. No person shall be eligible for licensure to practice any healing art in this state unless and until he furnishes satisfactory evidence to the appropriate licensing agency, that prior to being licensed by the respective state agency that he was credited with not less than sixty (60) transferable units of study by a college or university accredited by the Southern Association of Colleges and Schools or an accrediting agency recognized by the Southern Association of Colleges and Schools or any successor to the powers of either; provided, however, that the transferability of credits from colleges and universities located outside the United States and Canada shall be determined by the appropriate licensing agency.
    1. The term “healing art,” as used herein, includes the practices of medicine, osteopathy, dentistry, chiropody (podiatry), optometry, and chiropractic, but does not include the practices of Christian Science or midwifery or the provision of certified professional midwifery services by a licensed certified professional midwife as defined in KRS 314.400 . (2) (a) The term “healing art,” as used herein, includes the practices of medicine, osteopathy, dentistry, chiropody (podiatry), optometry, and chiropractic, but does not include the practices of Christian Science or midwifery or the provision of certified professional midwifery services by a licensed certified professional midwife as defined in KRS 314.400 .
    2. The term “transferable units of study” means semester hour (or equivalent) credits and may include advance placement credits.
  2. This section shall not apply to any student who is enrolled in any school of medicine, osteopathy, dentistry, chiropody (podiatry), optometry, or chiropractic on June 13, 1968, nor shall it affect the right of any person who is presently licensed to practice a healing art in this state, to have his license renewed upon compliance with all other requirements of law.

History. Enact. Acts 1968, ch. 53, §§ 1 to 3; 2019 ch. 104, § 11, effective June 27, 2019.

Opinions of Attorney General.

The definition of healing art in subdivision (2)(a) of this section is not applicable to KRS Chapter 216B, since the language of subdivision (2)(a) of this section specifically limits the definition to those instances where the term is used in KRS Chapter 311, and since that statute was enacted well before KRS Chapter 216B. OAG 90-14 .

311.275. Request to expunge minor violations from permanent record — Administrative regulations.

  1. Any licensee, permit holder, or certificate holder who is disciplined under this chapter for a minor violation may request in writing that the board expunge the minor violation from the licensee’s, permit holder’s, or certificate holder’s permanent record.
    1. The request for expungement may be filed no sooner than three (3) years after the date on which the licensee, permit holder, or certificate holder has completed disciplinary sanctions imposed and if the licensee, permit holder, or certificate holder has not been disciplined for any subsequent violation of the same nature within this period of time.
    2. No person may have his or her record expunged under this chapter more than once.
  2. The board shall promulgate administrative regulations under KRS Chapter 13A to establish violations which are minor violations under this section. A violation shall be deemed a minor violation if it does not demonstrate a serious inability to practice the profession; adversely affect the public health, safety or welfare; or result in economic or physical harm to a person, or create a significant threat of such harm.

History. Enact. Acts 2002, ch. 335, § 3, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/2002). A manifest clerical or typographical error has been corrected in codification in subsection (1)(a) of this statute as amended by 2002 Ky. Acts ch. 335, sec. 3, under the authority of KRS 7.136(1)(h), by removing the duplicated words “completed disciplinary sanctions imposed and if the licensee, permit holder, or certificate holder has.”

311.280. Division of fees without consent of patient. [Repealed.]

Compiler’s Notes.

This section (2618b-3) was repealed by Acts 1952, ch. 150, § 18.

311.281. Testing of organs, skin, or other human tissue for HIV and other communicable diseases, with informed consent.

  1. Every donation of organs, skins, or other human tissue for transplantation to another shall be tested by the agency responsible for procuring the organ, skin, or other human tissue prior to use for human immunodeficiency virus infection and other communicable diseases specified by the United Network for Organ Sharing, American Association of Tissue Banks, and Eye Bank Association of America. Tests for the human immunodeficiency virus infection shall be performed only after obtaining written, informed consent from the potential donor or the donor’s legal representative. Obtaining consent shall include a fair explanation of the procedures to be followed and the meaning and use of the test results. The explanation shall include a description of the confidential nature of the test as described in KRS 214.625 . If consent for testing is not given, the person shall not be accepted as a donor.
  2. Notwithstanding the provisions of subsection (1) of this section, written informed consent to perform testing shall not be required if the organ, skin, or other human tissue is received for processing or testing from out-of-state or if tissue is received from a health care facility or health care provider for reference testing or processing and the results of the test are reported back to the facility or provider.
  3. No person shall collect any organ, skin, or other human tissue from one (1) human being and hold it for, or actually perform, any implantation, transplantation, grafting, or any other method of transfer to another human being without first testing the tissue for the human immunodeficiency virus and other communicable diseases specified by the United Network for Organ Sharing, American Association of Tissue Banks, and Eye Bank Association of America, or without performing another process approved by the United Network for Organ Sharing, American Association of Tissue Banks, and Eye Bank Association of America capable of killing the causative agent of those diseases.
  4. All human organs, skin, or other human tissue which is to be transplanted to another and is found positive for human immunodeficiency virus or other communicable disease specified by the United Network for Organ Sharing, American Association of Tissue Banks, and Eye Bank Association of America shall be rendered noncommunicable by the person holding the tissue or shall be destroyed, unless the human tissue is specifically labeled to identify the human immunodeficiency virus and:
    1. Is used for research purposes; or
    2. Is used to save the life of another and is transferred with the recipient’s informed consent.
  5. Each agency which procures organs, skin, or other human tissue, who finds evidence after confirmatory testing of human immunodeficiency virus in the donor, shall notify the donor or legal representative. If the donor is a patient of a health facility within the Commonwealth, the following information shall be given:
    1. The meaning of the test results;
    2. Measures for the prevention of the transmission of the human immunodeficiency virus;
    3. The availability in the geographic area of any appropriate health care services, including mental health care, and appropriate social and support services;
    4. The benefits of locating and counseling any individual by whom the infected individual may have been exposed to human immunodeficiency virus and any individual whom the infected individual may have exposed to the virus; and
    5. The availability, if any, of the services of public health authorities with respect to locating and counseling any individual described in paragraph (d) of this subsection.
  6. The donor shall be notified of the confirmed positive test results in person. Persons shall be notified of negative test results either in person, by registered mail, or by phone. Notification is the responsibility of the agency responsible for procuring skin, organs, or other donated tissue. Notification shall be the responsibility of the agency responsible for procuring skin, organs, or other donated tissue.
  7. Prior to the transplant of an organ or artificial insemination, the institution or physician responsible for overseeing the procedure shall provide the prospective recipient information as to the risks of contracting human immunodeficiency virus.

History. Enact. Acts 1990, ch. 443, § 41, effective July 13, 1990.

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

311.282. Disclosure or failure to disclose confidential information under specified circumstances not to create civil or criminal liability.

  1. A physician licensed pursuant to KRS Chapter 311 shall not be civilly or criminally liable for the disclosure of otherwise confidential information under the following circumstances:
    1. If a patient of the physician has tested positive for human immunodeficiency virus discloses to the physician the identity of a spouse or sexual partner with whom the patient has cohabitated for more than one (1) year; and
    2. The physician recommends the patient notify the spouse or sexual partner of the positive test and refrain from engaging in sexual activity in a manner likely to transmit the virus and the patient refuses;
    3. If, pursuant to a perceived civil duty or the ethical guidelines of the profession, the physician reasonably and in good faith advises the spouse of the patient or sexual partner with whom the patient has cohabitated for more than one (1) year of the positive test and facts concerning the transmission of the virus; and
    4. The physician reports information about HIV status to the Cabinet for Health and Family Services pursuant to administrative regulations promulgated by the cabinet.
  2. Notwithstanding the foregoing, a physician licensed pursuant to KRS Chapter 311 shall not be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a spouse.

History. Enact. Acts 1990, ch. 443, § 47, effective July 13, 1990; 2000, ch. 432, § 10, effective July 14, 2000; 2005, ch. 99, § 583, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

311.285. Noncompetition clauses between health care providers declared against public policy and not enforceable if for one year or longer. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 512, § 118, effective July 15, 1994) was repealed by Acts 1996, ch. 371, § 64, effective July 15, 1996.

311.290. Seller not an accomplice of the buyer. [Repealed.]

Compiler’s Notes.

This section (2618b-5) was repealed by Acts 1952, ch. 150, § 18.

311.300. Professor of medical college may procure dead bodies.

The professor of any medical college or school incorporated in this state that has executed the required bond may procure the unclaimed body of any person who dies in this state, in order that the professors and students of the college may dissect and examine it for the advancement of science.

History. 2644.

311.310. Bond filed with county clerk — Fee.

No school, college or professor may receive any body under KRS 311.300 until a bond has been given by the college. The bond shall be in the penal sum of one thousand dollars ($1,000), with good personal security, and approved by the clerk of the county in which the college or school is situated, conditioned upon the lawful disposition of all dead bodies that come into the possession of the college, or any professor thereof. The bond shall be filed in the clerk’s office, and renewed every twelve (12) months. For taking and approving the bond the clerk shall be entitled to a fee pursuant to KRS 64.012 .

History. 2648: amend. Acts 2006, ch. 255, § 23, effective January 1, 2007.

311.320. Use of bodies.

No such body shall be used for any purpose other than the promotion of science in the college represented by the professor claiming it nor sold or removed from this state.

History. 2649.

311.330. Relatives or friends of deceased to be notified — Time within which body may not be used.

Any superintendent, warden, coroner or other person having in his possession an unclaimed human body, shall notify any known relatives or friends of the deceased person of the death and place where the body is. If no such friend or relative claims and buries the body within three (3) days, the person shall deliver the body to the professor of a college or school entitled to it under this chapter who demands it. Such professor shall at once embalm the body and preserve it for thirty (30) days before dissecting it. During the thirty (30) days the college or professor thereof, shall deliver the body, without charge, to any friend or relative of the deceased who demands it for interment. If it is not claimed during the thirty (30) days the professor and students may examine and dissect it.

History. 2645, 2646.

NOTES TO DECISIONS

1.Negligence.

State hospital for insane was not liable for alleged negligence of employees in disposing of body of deceased inmate, since disposition of unclaimed bodies by it is governmental function. University of Louisville v. Metcalfe, 216 Ky. 339 , 287 S.W. 945, 1926 Ky. LEXIS 931 ( Ky. 1926 ).

311.340. Burial after dissection.

After the body has been dissected it shall be decently buried or cremated and decently buried at the expense of the professor to whom it was delivered, or of the college represented by him.

History. 2647: amend. Acts 1966, ch. 84.

311.350. College to keep record of bodies.

Any college receiving human bodies shall keep a record of them in a book to be kept at the college for that purpose. The book shall at all times be subject to inspection by any officer of the state or county, or relative or friend of any deceased person whose body may have been delivered to or be in the possession of the college. The record shall show the name, if known, the age, sex, date and cause of death, the date when the body came into the possession of the college, the date of interment and the final place of interment, together with any distinguishing marks by which the body may be identified.

History. 2650.

311.352. Testamentary disposition of body. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 80, § 1) was repealed by Acts 1970, ch. 68, § 10.

311.354. Disposition by person entitled to body. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 80, § 2) was repealed by Acts 1970, ch. 68, § 10.

311.356. Regulation of recipients of bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 80, § 3) was repealed by Acts 1970, ch. 68, § 10.

311.360. Medical research commission established. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 160, § 1) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

311.370. Functions of medical research commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 160, § 2) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

311.375. Conditions governing use of title “Doctor” or “Dr.” — Penalty.

  1. No person shall, in connection with the practice of medicine, surgery, osteopathy, optometry, dentistry, podiatry, pharmacy, chiropractic, psychology or psychiatry, nursing, anesthesiology, physio or physical therapy, or any other profession or business having for its purpose the diagnosis, treatment, correction or cure of any human ailment, condition, disease, injury or infirmity, hold himself or herself out as a doctor or employ or use in any manner the title “Doctor” or “Dr.,” unless he or she actually has graduated and holds a doctor degree from a school, college, university or institution authorized by its governing body to confer such degree.
  2. No person who holds a doctor degree, as provided in subsection (1) of this section, shall use or employ the title “Doctor” or “Dr.” in or upon any letter, statement, card, prescription, sign, listing or other writing held out to the public without affixing suitable words or letters designating the particular doctor degree held by such person.
  3. The written material or designation in connection with advertising, billboards, signs, or professional notices shall be in letters, type, or illumination, or give display and legibility, of at least three-fourths (3/4) that of the title “Doctor” or “Dr.”
  4. Any person who violates this section and is found by a trier of fact to have committed the violation with the intent to deceive the public shall have his or her health provider license revoked for not less than six (6) months or more than one (1) year.

History. Enact. Acts 1952, ch. 198, § 1; 1968, ch. 152, § 145; 2010, ch. 80, § 3, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Advertising or soliciting by practitioner of healing arts, criminal penalties and exceptions, KRS 438.065 .

311.376. Construction of KRS 311.375.

Nothing in KRS 311.375 shall be construed as authorizing the unlicensed practice of any profession or business referred to in KRS 311.375 . Nor shall anything in KRS 311.375 be construed as repealing or amending any law or laws relating to licensure or regulation of the professions or businesses referred to in KRS 311.375.

History. Enact. Acts 1952, ch. 198, § 2.

311.377. Waiver of claim for damages by applicant for or grantee of staff privileges — Records confidential — Exceptions — Federal immunity provisions.

  1. Any person who applies for, or is granted staff privileges after June 17, 1978, by any health services organization subject to licensing under the certificate of need and licensure provisions of KRS Chapter 216B, shall be deemed to have waived as a condition of such application or grant, any claim for damages for any good faith action taken by any person who is a member, participant in or employee of or who furnishes information, professional counsel, or services to any committee, board, commission, or other entity which is duly constituted by any licensed hospital, licensed hospice, licensed home health agency, health insurer, health maintenance organization, health services corporation, organized medical staff, medical society, or association affiliated with the American Medical Association, American Podiatry Association, American Dental Association, American Osteopathic Association, or the American Hospital Association, or a medical care foundation affiliated with such a medical society or association, or governmental or quasigovernmental agency when the entity is performing the designated function of review of credentials or retrospective review and evaluation of the competency of professional acts or conduct of other health care personnel. This subsection shall have equal application to, and the waiver be effective for, those persons who, subsequent to June 17, 1978, continue to exercise staff privileges previously granted by any such health services organization.
  2. At all times in performing a designated professional review function, the proceedings, records, opinions, conclusions, and recommendations of any committee, board, commission, medical staff, professional standards review organization, or other entity, as referred to in subsection (1) of this section, shall be confidential and privileged and shall not be subject to discovery, subpoena, or introduction into evidence, in any civil action in any court, including but not limited to medical malpractice actions, actions arising out of review of credentials or retrospective review and evaluation as referred to in subsection (1) of this section, and actions by an applicant for or grantee of staff privileges as referred to in subsection (1) of this section, or in any administrative proceeding before any board, body, or committee, whether federal, state, county, or city, except as specifically provided with regard to the board in KRS 311.605(2). The confidentiality and privilege protections of this subsection shall only be available to a person or entity that attests to participating in a patient safety and quality improvement initiative, including the program established by the Patient Safety and Quality Improvement Act of 2005, 42 U.S.C. secs. 299 b-21 to 299b-26. This subsection shall not apply to any proceedings or matters governed exclusively by federal law or federal regulation.
  3. Nothing in subsection (2) of this section shall be construed to restrict or limit the right to discover or use in any civil action or other administrative proceeding any evidence, document, or record which is subject to discovery independently of the proceedings of the entity to which subsection (1) of this section refers.
  4. No person who presents or offers evidence in proceedings described in subsection (2) of this section or who is a member of any entity before which such evidence is presented or offered may refuse to testify in discovery or upon a trial of any civil action as to any evidence, document, or record described in subsection (3) of this section or as to any information within his own knowledge, except as provided in subsection (5) of this section.
  5. No person shall be permitted or compelled to testify concerning his testimony or the testimony of others except that of a defendant given in any proceeding referred to in subsection (2) of this section, or as to any of his opinions formed as a result of the proceeding.
  6. In any action in which the denial, termination, or restriction of staff membership or privileges by any health care facility shall be in issue, agents, employees, or other representatives of a health care entity may with the consent of the health care entity testify concerning any evidence presented in proceedings related to the facility’s denial of staff membership or privileges.
  7. Nothing in this section shall be construed to restrict or prevent the presentation of testimony, records, findings, recommendations, evaluations, opinions, or other actions of any entity described in subsection (1) of this section, in any statutory or administrative proceeding related to the functions or duties of the entity.
  8. In addition to the foregoing, the immunity provisions of the federal Health Care Quality Improvement Act of 1986, P.L. 99-660, shall be effective arising under state laws as of July 15, 1988.

HISTORY: Enact. Acts 1972, ch. 199, § 1; 1974, ch. 225, § 7; 1976, ch. 163, § 9; 1978, ch. 103, § 1, effective June 17, 1978; 1980, ch. 135, § 33, effective July 15, 1980; 1988, ch. 100, § 1, effective July 15, 1988; 1988, ch. 224, § 22, effective July 15, 1988; repealed and reenact. Acts 1990, ch. 271, § 1, effective July 15, 1990; 2018 ch. 11, § 1, effective July 14, 2018.

Compiler’s Notes.

The federal Health Care Quality Improvement Act of 1986, P.L. 99-660, referenced in this section is compiled as 42 U.S.C.S. § 11101 et seq.

NOTES TO DECISIONS

1.Constitutionality.

This section is unconstitutional both as a violation of Ky. Const., § 51 in that its subject matter is not sufficiently related to malpractice claims or insurance, which are the subjects of the act of which it is a part, and as an invasion of a federally preempted field insofar as it purports to regulate federally constituted professional standards review organizations. McGuffey v. Hall, 557 S.W.2d 401, 1977 Ky. LEXIS 533 ( Ky. 1977 ) (decision prior to 1978 amendment).

The 1980 version of this section was unconstitutional because it violated Ky. Const., § 51. Sweasy v. King's Daughters Memorial Hospital, 771 S.W.2d 812, 1989 Ky. LEXIS 54 ( Ky. 1989 ).

2.Discovery of Records.

The statutory privilege of confidentiality provided under the 1980 version of this section (repealed and reenacted in 1990) was limited to suits against peer review entities; the former version of this section did not provide a privilege against the discovery of documents generated through the peer review process in a medical negligence action brought by a patient against a doctor and his hospital. Sweasy v. King's Daughters Memorial Hospital, 771 S.W.2d 812, 1989 Ky. LEXIS 54 ( Ky. 1989 ).

Writ of prohibition against the disclosure of all peer review records which related directly or indirectly to defendant doctor’s performance was properly denied where defendants neither demonstrated that they would suffer irreparable harm from the discovery of these documents nor that their remedy of appeal was inadequate. Appalachian Regional Health Care v. Johnson, 862 S.W.2d 868, 1993 Ky. LEXIS 75 ( Ky. 1993 ).

Although requested discovery concerning hospitals’ peer review records and executive committee meetings was prohibited, where discovery had not been completed in the trial court and where the hospitals had not demonstrated that they would have no adequate remedy on appeal, hospitals’ motion for summary judgment based on qualified immunity in physician’s action to rescind his resignation and obtain reinstatement was denied. Adventist Health Sys./Sunbelt Health Care Corp. v. Trude, 880 S.W.2d 539, 1994 Ky. LEXIS 49 ( Ky. 1994 ), overruled, Sisters of Charity Health Sys. v. Raikes, 984 S.W.2d 464, 1998 Ky. LEXIS 120 ( Ky. 1998 ).

The placement of otherwise discoverable records and information in a peer review file does not entitle them to the protection of subsection (2) of this section. Where it was established that the documents and information requested by patient suing hospital and doctor for medical malpractice and corporate negligence were not internal Peer Review Committee records, but hospital records, including patient and staff complaints, the information and documents requested were clearly discoverable (modifying holding in Adventist Health Systems v. Trude, 880 S.W.2d 539, 1994 Ky. LEXIS 49 (1994)).Leanhart v. Humana Inc., 933 S.W.2d 820, 1996 Ky. LEXIS 101 ( Ky. 1996 ).

The peer review privilege of subsection (2) of this section does not prohibit discovery of peer review records and material in medical malpractice suits. Sisters of Charity Health Sys. v. Raikes, 984 S.W.2d 464, 1998 Ky. LEXIS 120 ( Ky. 1998 ).

A quality assurance review form was not protected peer review material in a medical malpractice action as the peer review privilege has no application to medical malpractice actions. McFall v. Peace, Inc., 15 S.W.3d 724, 2000 Ky. LEXIS 14 ( Ky. 2000 ).

Technician was not entitled to writ of prohibition as the trial court did not err in applying Kentucky law and requiring production of peer review documents, and no special law existed ignoring Kentucky’s strong precedent allowing discovery of peer review documents in medical malpractice suits; KRS 311.377(2) did not extend the privilege for peer review documents to medical malpractice suits. Saleba v. Schrand, 300 S.W.3d 177, 2009 Ky. LEXIS 281 ( Ky. 2009 ).

3.Civil Actions.

The language of subsection (2) of this section clearly extends privilege and confidentiality of peer review proceedings, records, opinions, conclusions, and recommendations to “any civil action in any court.” Adventist Health Sys./Sunbelt Health Care Corp. v. Trude, 880 S.W.2d 539, 1994 Ky. LEXIS 49 ( Ky. 1994 ), overruled, Sisters of Charity Health Sys. v. Raikes, 984 S.W.2d 464, 1998 Ky. LEXIS 120 ( Ky. 1998 ).

Cited:

Ott v. St. Luke Hospital, 522 F. Supp. 706, 1981 U.S. Dist. LEXIS 14667 (E.D. Ky. 1981 ); Basham v. Commonwealth, 675 S.W.2d 376, 1984 Ky. LEXIS 229 ( Ky. 1984 ).

Opinions of Attorney General.

The proceedings of the morbidity and mortality committee of the department of surgery at a university hospital are made confidential by KRS 311.377 ; accordingly, the university custodian of records properly denied inspection of records of those proceedings pursuant to subdivision (1)(j) (now (1)(l)) of KRS 61.878 . OAG 82-99 .

Request for records of the proceedings of the morbidity and mortality committee of the University of Kentucky’s medical center concerning a 19-year-old girl whose colon was removed and was subsequently found to be normal was properly denied under subdivision (2) of this section. OAG 82-269 .

The right of privacy involved in hospital records belongs to the patient, not to the medical center; if the patient consents to disclosure of the records of the case, inspection must be allowed except as to records which are made confidential by subsection (2). OAG 82-269 .

This section applies to the University of Kentucky medical center. OAG 82-269 .

When this section was amended in 1980, the title of the act was “An Act relating to medical review organizations” and such title precisely fit the subject matter of subsection (2) of this section. Therefore, the only constitutional defect which the Supreme Court formerly found with the statute has now been corrected. OAG 82-269 .

Hospital properly relied on KRS 311.377 in denying a request for “a record of the findings of the review of the treatment the requester received in the hospital’s emergency room including whether the actions by the doctor were competent and thorough, what action was concluded to be necessary as remediation, what was done to implement those necessary corrections, and any other facts that were discovered or elicited during the review.” OAG 05-ORD-171.

Under the authority of KRS 61.878(1)(l), in tandem with KRS 311.377 , Child Watch Children’s Advocacy Center, Inc., as a specialized children’s service clinic, properly denied a request for peer review records and records developed by it in providing its services. OAG 05-ORD-220.

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey: Savage, Insurance, 66 Ky. L.J. 631 (1977-1978).

Smith, Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other, 75 Ky. L.J. 473 (1986-87).

Notes, Open Debate Over Closed Doors: The Effect of the New Developmental Disabilities Regulations on Protection and Advocacy Programs, 85 Ky. L.J. 955 (1996-97).

Northern Kentucky Law Review.

Notes, Insurance — Medical Malpractice — Uncoupling the Freight Train: The Kentucky Medical Malpractice Act — McGuffey v. Hall, 557 S.W.2d 401, 1977 Ky. LEXIS 533 ( Ky. 1977 ), 5 N. Ky. L. Rev. 123 (1978).

Bartlett, Civil Procedure, 21 N. Ky. L. Rev. 269 (1994).

Bloemer, Kentucky’s Approach to the Discoverability of Peer Review, 23 N. Ky. L. Rev. 275 (1996).

Bartlett & Maggio, Civil Procedure Survey, 28 N. Ky. L. Rev. 316 (2001).

Taliaferro III, Keys & Rickert, Medical Malpractice in Kentucky, 28 N. Ky. L. Rev. 441 (2001).

311.378. Warning of dangers of drinking alcoholic beverages during pregnancy to be posted — Penalty.

  1. All physicians licensed pursuant to this chapter who maintain a private office shall post in a prominent place in the patient waiting room a printed sign supplied by the Cabinet for Health and Family Services that is at least eleven (11) inches by fourteen (14) inches in size, with letters at least one (1) inch high and with gender-neutral language, which shall warn that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
  2. Any person who violates the provisions of subsection (1) of this section shall be subject to a fine of not less than ten dollars ($10) nor more than fifty dollars ($50).

History. Enact. Acts 1992, ch. 442, § 6, effective July 14, 1992; 1998, ch. 426, § 534, effective July 15, 1998; 2005, ch. 99, § 584, effective June 20, 2005.

311.379. In-service training for persons licensed or certified by board on child sexual abuse.

The State Board of Medical Licensure shall provide in-service training programs for physicians, physicians assistants, paramedics, athletic trainers, and other persons licensed or certified by the board in child development, the dynamics of physical and sexual abuse, the impact of violence on child development, the treatment of offenders, and related issues. Each person licensed or certified by the board shall successfully complete the training prescribed by administrative regulation.

History. Enact. Acts 1992, ch. 351, § 6, effective July 14, 1992.

Practice of Podiatry

311.380. Definitions for KRS 311.390 to 311.510.

As used in KRS 311.390 to 311.510 , unless the context otherwise requires:

  1. “Board” means the State Board of Podiatry;
  2. “Podiatry” is that profession of the health sciences which deals with the examination, diagnosis, treatment, and prevention of diseases, conditions, and malfunctions affecting the human foot and its related or governing structures, by employment of medical, surgical, or other means;
  3. “Podiatrist” is a physician and surgeon who has graduated from a college of podiatric medicine accredited by the Council on Podiatry Education of the American Podiatry Association or approved by state licensing boards.

History. Repealed, reenact. and amend. Acts 1952, ch. 197, § 1; 1954, ch. 219, § 1; 1962, ch. 289, § 1; 1966, ch. 239, § 208; 1974, ch. 225, § 8; 1978, ch. 183, § 1, effective June 17, 1978.

311.390. Scope and application of law — Exemptions.

KRS 311.380 to 311.510 , shall not apply to:

  1. Any person manufacturing or selling, as merchandise in a duly established mercantile establishment, shoes or appliances designed and intended to equalize pressure on different parts of the foot, or the sale by any licensed druggist of plasters, salves, and lotions for corns, warts, callosities and bunions, provided such persons shall make no diagnosis or recommendation and shall prescribe no remedy or treatment;
  2. Or interfere in any manner with the practice of any person whose religion treats or administers to the sick or suffering by purely spiritual means, nor with any individual’s selection of any such person;
  3. Physicians licensed by the State Board of Medical Examiners of this state;
  4. Surgeons of the United States Army, Navy, United States Department of Veterans Affairs, and United States Public Health Service, when in actual performance of their official duties.

HISTORY: Enact. Acts 1948, ch. 176, § 2; 2017 ch. 42, § 16, effective June 29, 2017.

311.400. License required.

No person shall profess to be a podiatrist, or practice or assume the duties incident to podiatry in this state, or use the title “podiatrist” or any words or letters which designate or tend to designate to the public that the person is a podiatrist, unless he holds a valid, current license from the board, registered in the county in which the holder is engaged in such practice.

History. Enact. Acts 1948, ch. 176, § 3; 1962, ch. 289, § 2; 1974, ch. 225, § 9.

311.410. State Board of Podiatry — Qualifications, terms of members — Officers — Powers — Meetings — Immunity.

  1. There is hereby created in the government of the Commonwealth a State Board of Podiatry which shall consist of five (5) members, each appointed by the Governor. Four (4) members shall be appointed from lists of three (3) names for each position submitted by the Kentucky Podiatry Association. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. Any vacancy shall be filled for the unexpired term by the Governor, as provided in the original appointment.
  2. A person to be eligible for appointment as a podiatrist member of the board shall be at least twenty-one (21) years of age, of good moral character, a resident of this state, and a licensed practicing podiatrist in this state for at least five (5) consecutive years next preceding the date of his appointment. No member of the board shall be a stockholder, officer or member of the faculty or board of trustees of any school, college or institution of podiatry or chiropody.
  3. The terms of office of each member shall be four (4) years, or until his successor shall be appointed and qualified.
  4. The board shall elect one (1) of its members as president and another of its members as secretary. The secretary may, subject to approval by the board, employ and fix the compensation of all personnel required for the administration of KRS 311.390 to 311.510 . The board may make all rules and regulations, not inconsistent with KRS 311.390 to 311.510 , as may be necessary to implement and carry out the provisions and purposes of KRS 311.390 to 311.510.
  5. The board shall hold meetings at least twice a year and as frequently as it deems necessary at such times and places as the board may designate. A majority of the members shall constitute a quorum.
  6. The board may sue and be sued in its own name.
  7. Members of the board shall be immune from suit in any civil or criminal action which is based upon any official act or acts performed by them in good faith as members of the board.

History. Enact. Acts 1948, ch. 176, § 4; 1952, ch. 197, § 2; 1954, ch. 219, § 2; 1962, ch. 289, § 3; 1974, ch. 225, § 10; 1976, ch. 206, § 3; 1986, ch. 166, § 1, effective July 15, 1986.

NOTES TO DECISIONS

Cited:

Kentucky Ass’n of Realtors, Inc. v. Musselman, 817 S.W.2d 213, 1991 Ky. LEXIS 109 ( Ky. 1991 ).

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption and effective date, KRS 13A.330 .

Kentucky Law Journal.

Comments, Precomplaint Investigations Under the Kentucky Consumer Protection Act: Validity and Scope of the Civil Investigation Demand, 65 Ky. L.J. 169 (1976-77).

311.415. Board to administer law — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 219, § 3) was repealed by Acts 1962, ch. 289, § 11.

311.420. Examinations — Qualifications — National board examinations — Fees — Issuance of licenses — Expenses of board members — Rules and regulations.

  1. The board shall conduct examinations at least twice a year at such times and places as the board deems convenient for applicants for licenses to practice podiatry in this state, and shall admit to examination any applicant who:
    1. Is at least eighteen (18) years of age;
    2. Is a citizen of the United States and a resident of the State of Kentucky;
    3. Is of good moral character and temperate habits; and
    4. Has completed a course in and graduated from a school or college of podiatry approved by the board.
  2. The board shall prescribe the time, place, method, manner, scope and content of examinations as relates to KRS 311.380(2); and the board may accept certified, successful National Board of Podiatry examinations in lieu of its written examination.
  3. Applicants for examination shall present their credentials to the board by mail upon forms furnished by the board, and shall receive due notice of the place and date of the examination. Each application shall contain proof of the qualifications required of the applicant, shall be verified by the applicant under oath, and shall be accompanied by an examination fee set by the board.
  4. The board shall issue a license to any person who complies with the provisions of KRS 311.380 to 311.510 and who satisfactorily passes the examination.
  5. The members of the board shall receive no compensation for their services, but shall be paid their traveling and other necessary expenses while employed upon the business of the board.
  6. The board may, in good faith, adopt rules and regulations to license and control those persons who may become formally educated, or by years of employment by a licensed podiatrist, as a podiatric assistant.
  7. The board may utilize such materials, services or facilities as may be made available to it by other state agencies or may contract therefor, to such extent as the board in its discretion, may determine.

History. Enact. Acts 1948, ch. 176, § 5; 1952, ch. 197, § 3; 1962, ch. 289, § 3; 1970, ch. 120, § 4; 1974, ch. 225, § 11; 1980, ch. 188, § 250, effective July 15, 1980.

311.430. Existing practitioners. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 176, § 6) was repealed by Acts 1962, ch. 289, § 11.

311.440. Registration of licenses.

Every person licensed to practice podiatry shall, within thirty (30) days after issuance, file his license with the county clerk of each county in which he desires to engage in the practice of podiatry.

History. Enact. Acts 1948, ch. 176, § 7; 1962, ch. 289, § 6; 1974, ch. 225, § 12.

Opinions of Attorney General.

The board may issue a license to practice podiatry only to Kentucky residents. OAG 71-74 .

Renewed, as well as original, professional licenses must be registered with the county clerk. OAG 83-73 .

311.450. Expiration date of licenses — Renewal — Delinquent licensees — Penalty — Deposit and use of fees.

  1. Every license issued for the practice of podiatry shall expire on June 30 following the date of issuance unless sooner revoked and canceled.
  2. On or before June 1 of each year, the board shall send notices to all licensed podiatrists in this state, at their last known addresses, advising them that the annual license renewal fee is due on July 1 of each year. Every registered podiatrist shall renew his license on or before July 1 of each year by the payment to the board of an annual license renewal fee which shall be a reasonable fee set by regulation of the board and upon submission of a statement of compliance with the continuing education regulations of the board. If such renewal fee is not paid or such statement of compliance is not submitted on or before July 1, the board shall notify the delinquent licensee by mail at his last known address that such fee and statement are past due and that a delinquent penalty fee is assessed, in addition to the renewal fee and that the renewal fee and penalty must be paid and the statement of compliance submitted on or before January 1. If such fees, penalties and statement are not submitted by January 1, it shall be the duty of the board to suspend or revoke the license for nonpayment of the annual renewal and delinquent fees or for failure to submit the statement of compliance for the current year.
  3. All fees collected under the provisions of KRS 311.380 to 311.510 , or the rules and regulations adopted pursuant thereto, shall be paid into the State Treasury, and credited to a trust and agency fund to be used in defraying the costs and expenses in the administration of KRS 311.380 to 311.510 including, but not limited to, salaries and necessary travel expenses. No part of this fund shall revert to the general funds of this Commonwealth.

HISTORY: Enact. Acts 1948, ch. 176, § 8; 1952, ch. 197, § 4; 1962, ch. 289, § 7; 1972, ch. 93, § 1; 1974, ch. 225, § 13; 1990, ch. 443, § 4, effective July 13, 1990; 2001, ch. 61, § 4, effective June 21, 2001; 2015 ch. 113, § 3, effective June 24, 2015.

Opinions of Attorney General.

Renewed, as well as original, professional licenses must be registered with the county clerk. OAG 83-73 .

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

311.460. Practice under own name — Titles that may be used.

  1. Any person practicing or offering to practice podiatry shall practice under his own name only, as his name appears in his license.
  2. No person practicing or offering to practice podiatry shall use any title or abbreviation thereof except the designation “podiatrist.” The term “foot doctor” and “chiropodist,” or either of them, may be used in conjunction with the title “podiatrist,” but not as a substitute therefor and not alone.

History. Enact. Acts 1948, ch. 176, § 9; 1962, ch. 289, § 8; 1974, ch. 225, § 14.

Opinions of Attorney General.

A licensed podiatrist who has used the name of “The Podiatry Clinic” for 20 years could not use a partnership, association or clinic name after June 14, 1962, the effective date of the 1962 amendment to this section. OAG 73-872 .

311.470. Display of licenses — Advertising.

  1. Any person who practices podiatry shall display his license, together with the annual license renewal certificate, in a conspicuous place in the office in which he practices.
  2. No person practicing or offering to practice podiatry shall in any manner advertise the prices charged for his services; nor shall he advertise in newspapers, in periodicals, by handbills or circulars, or in bold-face type in any printed matter, or by the use of any form of display sign; except that he may, upon opening an office or upon change of address, mail or publish announcements to that effect provided such announcements shall not appear more than three (3) times in public print, and the form of such announcement shall be determined by the board.

History. Enact. Acts 1948, ch. 176, § 10; 1952, ch. 197, § 5; 1962, ch. 289, § 9.

311.475. Reciprocal licensure.

The State Board of Podiatry is authorized in its sound discretion to:

  1. Enter into reciprocal agreements with podiatry examining boards of other states, having qualifications and standards at least as high as those of this state, providing for reciprocal licensure without further examination of persons who have been duly licensed upon written examination. Approval of such agreements by the Governor, or any other officer or agency of this state, shall not be required.
  2. Issue podiatry licenses by reciprocity or endorsement, and without further examination, to persons who have been duly licensed upon written examination in another state having qualifications and standards at least as high as those of this state, or who have successfully passed an examination conducted by the National Board of Podiatry Examiners.

History. Enact. Acts 1972, ch. 93, § 2.

311.480. Grounds for denial, refusal to renew, suspension, probation or revocation of license.

The board may refuse to license or renew, or may suspend, probate or revoke the license of any podiatrist or in addition to such punishment or in lieu thereof may impose a fine not to exceed five hundred dollars ($500) for each offense, upon proof that he:

  1. Has been convicted of a felony, if in accordance with KRS Chapter 335B;
  2. Has been convicted of a misdemeanor, if in accordance with KRS Chapter 335B;
  3. Has employed, hired, procured or induced a person not licensed to practice podiatry in this state so to practice;
  4. Has aided or abetted in the practice of podiatry a person not licensed to practice podiatry in this state;
  5. Has been granted a license upon a mistake of a material fact;
  6. Has violated any provision of KRS 311.390 to 311.510 ;
  7. Has become drug addicted;
  8. Has become a chronic or persistent alcoholic;
  9. Has developed such physical or mental disability, or other condition whereby continued practice is dangerous to patients or to the public;
  10. Has violated any order of suspension, or the terms or the conditions of any order of probation, issued by the board;
  11. Has engaged in, or attempted to engage in the practice of podiatry under a false or assumed name;
  12. Has willfully violated a confidential communication;
  13. Has acted in a grossly negligent or willful manner which is inconsistent with the practice of podiatry;
  14. Is unfit or incompetent to practice podiatry by reason of gross negligence or other causes including but not limited to being unable to practice podiatry with reasonable skill or safety;
  15. Has a license to practice as a podiatrist denied, limited, suspended, probated or revoked in another jurisdiction on grounds sufficient to cause a license to be denied, limited, suspended, probated or revoked in this Commonwealth; or
  16. Has engaged in conduct likely to deceive or defraud the public.

HISTORY: Enact. Acts 1948, ch. 176, § 11; 1962, ch. 289, § 10; 1974, ch. 225, § 15; 1986, ch. 166, § 2, effective July 15, 1986; 2017 ch. 158, § 48, effective June 29, 2017.

311.490. Hearing to revoke, suspend, probate, or refuse to renew license — Violation may be enjoined — Enforcement — Appeal.

  1. A suspension, probation, or revocation of a license, or a refusal to renew a license, may be made or a fine imposed by the board only after a hearing which shall be conducted in accordance with KRS Chapter 13B.
  2. The board may institute, in its own name, proceedings to temporarily or permanently restrain and enjoin violations of KRS 311.380 to 311.510 , regardless of whether the defendant has been convicted for violations of the penal provisions thereof, and shall not be required to pay any cost or filing fees or furnish any bond in connection therewith. Violations of injunctions and restraining orders shall be punished as a contempt without the intervention of a jury.
  3. A licensee whose license has been revoked, probated, or suspended, or against whom a fine has been imposed by the board, or who has been refused a renewal license, may appeal a final order of the board to the Circuit Court of the county in which the hearing was held.

History. Enact. Acts 1948, ch. 176, § 12; 1952, ch. 197, § 6; 1986, ch. 166, § 3, effective July 15, 1986; 1996, ch. 318, § 253, effective July 15, 1996.

Compiler’s Notes.

KRS 311.510 referred to in subsection (2) of this section was repealed by Acts 1996, ch. 318, § 357.

311.495. County and Commonwealth’s attorneys to prosecute violations — Powers of investigators and others.

  1. County and Commonwealth’s attorneys and the Attorney General, within their respective jurisdictions, shall prosecute all violations of the penal provisions of KRS 311.380 to 311.510 and shall, when requested by the board, represent the board in matters relating to the enforcement of KRS 311.380 to 311.510 .
  2. For the purpose of enforcing the provisions of KRS 311.380 to 311.510 , the investigators, inspectors, representatives and agents of the board shall have the full power and authority of peace officers in this state, and shall have the power and authority to administer oaths, to enter upon premises at all times for the purpose of making inspections, to seize evidence, to interrogate all persons, and to require the production of books, papers, documents or other evidence.

History. Enact. Acts 1952, ch. 197, § 7; 1974, ch. 225, § 16.

Research References and Practice Aids

Kentucky Law Journal.

Underwood, Part-Time Prosecutors and Conflicts of Interest: A Survey and Some Proposals, 81 Ky. L.J. 1 (1993).

311.500. Record of revocation or suspension.

The revocation or suspension of any license shall be noted upon the records of the board, and a revoked license shall be marked as canceled upon the date of its revocation. The board shall, upon entry of an order of suspension or revocation, transmit to the county clerk of the county in which the license affected by the order is recorded, a certified copy of the order, which shall be recorded in the same manner and the same book in which the record of the license is kept.

History. Enact. Acts 1948, ch. 176, § 13.

311.510. Appeal from revocation, probation, suspension or refusal to renew license or from a fine imposition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 176, § 14; 1986, ch. 166, § 4, effective July 15, 1986) was repealed by Acts 1996, ch. 318, § 357, effective July 15, 1996.

311.520. Drugless practice law not applicable. [Repealed.]

Compiler’s Notes.

This section (Acts 1948, ch. 176, § 16) was repealed by Acts 1958, ch. 126, § 38.

Practice of Medicine and Osteopathy

311.530. State Board of Medical Licensure — Membership.

  1. There is hereby created in state government an independent board to be known as the State Board of Medical Licensure which shall exercise all medical and osteopathic licensure functions heretofore exercised by the State Board of Health. The offices of the board shall be maintained at such place as is designated by the board.
  2. The board shall consist of fifteen (15) members, including the commissioner of public health, the dean of the University of Kentucky College of Medicine, the vice dean for clinical affairs of the University of Louisville School of Medicine, the dean of the University of Pikeville School of Osteopathic Medicine, and eleven (11) members appointed by the Governor.
  3. Of the Governor’s appointees:
    1. One (1) member shall be a licensed osteopathic physician and shall be appointed from a list of three (3) names submitted by the Kentucky Osteopathic Medical Association;
    2. Seven (7) members shall be licensed medical physicians and shall be appointed from a list of three (3) names submitted for each position by the Kentucky Medical Association; and
    3. Three (3) members shall be citizens at large who are representatives of any recognized consumer advocacy groups with an interest in the delivery of health care and are not associated with or financially interested in the practice or business regulated.

History. Enact. Acts 1972, ch. 218, § 1; 1974, ch. 74, Art. VI, § 107(10); 1976, ch. 206, § 4; 1978, ch. 155, § 148, effective June 17, 1978; 1984, ch. 251, § 10, effective July 13, 1984; 1986, ch. 302, § 1, effective July 15, 1986; 1994, ch. 190, § 1, effective July 15, 1994; 1998, ch. 426, § 535, effective July 15, 1998; 2000, ch. 413, § 6, effective July 14, 2000; 2002, ch. 130, § 1, effective July 15, 2002; 2012 (1st Ex. Sess.), ch. 1, § 9, effective July 20, 2012; 2016 ch. 54, § 1, effective July 15, 2016.

Compiler’s Notes.

Section 7 of Acts 2000, ch. 413, effective July 14, 2000, read: “This Act may be cited as the Osteopathic and Allopathic Healthcare Nondiscrimination Act of 2000.”

NOTES TO DECISIONS

Cited:

Kentucky Ass’n of Realtors, Inc. v. Musselman, 817 S.W.2d 213, 1991 Ky. LEXIS 109 ( Ky. 1991 ).

Opinions of Attorney General.

A practitioner of “thanatology,” which is described as the counseling and helping of families to cope with the news that a loved one is terminally ill and to help said families after the death of the loved one, should either be a licensed physician or a licensed social worker. A licensed psychologist is also probably legally qualified to practice “thanatology.” OAG 83-402 .

Research References and Practice Aids

Kentucky Law Journal.

Comments, Precomplaint Investigations Under the Kentucky Consumer Protection Act: Validity and Scope of the Civil Investigation Demand, 65 Ky. L.J. 169 (1976-77).

311.535. Terms — Expiration.

The appointed members of the State Board of Medical Licensure shall hold office for terms of four (4) years and until their successors are appointed and qualify. The commissioner of public health and the deans of the medical schools shall hold office only while holding their respective titles. The terms of all appointed members of the board shall expire on August 31 of the last year of their respective terms.

History. Enact. Acts 1972, ch. 218, § 2; 1986, ch. 302, § 2, effective July 15, 1986; 1998, ch. 426, § 536, effective July 15, 1998; 2002, ch. 130, § 2, effective July 15, 2002.

311.540. Meetings — Officers — Compensation.

The State Board of Medical Licensure shall hold meetings at least semiannually and more frequently if necessary, at such places and times as the board may determine. The board shall elect a president, vice president and secretary from among its members and adopt such rules and bylaws as the board deems necessary. Any and all members of the board may administer oaths in matters pertaining to official duties. The members of the board shall receive the sum of one hundred dollars ($100) per day for each meeting attended and shall also be entitled to reimbursement for all reasonable expenses for travel, lodging and subsistence incurred in connection with attendance of meetings of the board.

History. Enact. Acts 1972, ch. 218, § 3; 1986, ch. 302, § 4, effective July 15, 1986.

311.541. Liability insurance for board members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 302, § 3, effective July 15, 1986; 1990, ch. 495, § 11, effective January 1, 1991) was repealed by Acts 1994, ch. 190, § 18, effective July 15, 1994.

311.545. Contract with other state agencies — Records — Annual report to Governor.

The State Board of Medical Licensure may utilize such materials, services or facilities as may be made available to it by other state agencies or may contract therefor, to such extent or degree as the board, in its discretion, may determine. It shall keep accurate records of its activities, reporting annually to the Governor.

History. Enact. Acts 1972, ch. 218, § 4; 1974, ch. 74, Art. VI, § 107(10); 2002, ch. 130, § 3, effective July 15, 2002.

311.550. Definitions for KRS 311.530 to 311.620 and 311.990(4) to (6).

As used in KRS 311.530 to 311.620 and 311.990(4) to (6):

  1. “Board” means the State Board of Medical Licensure;
  2. “President” means the president of the State Board of Medical Licensure;
  3. “Secretary” means the secretary of the State Board of Medical Licensure;
  4. “Executive director” means the executive director of the State Board of Medical Licensure or any assistant executive directors appointed by the board;
  5. “General counsel” means the general counsel of the State Board of Medical Licensure or any assistant general counsel appointed by the board;
  6. “Regular license” means a license to practice medicine or osteopathy at any place in this state;
  7. “Limited license” means a license to practice medicine or osteopathy in a specific institution or locale to the extent indicated in the license;
  8. “Temporary permit” means a permit issued to a person who has applied for a regular license, and who appears from verifiable information in the application to the executive director to be qualified and eligible therefor;
  9. “Emergency permit” means a permit issued to a physician currently licensed in another state, authorizing the physician to practice in this state for the duration of a specific medical emergency, not to exceed thirty (30) days;
  10. Except as provided in subsection (11) of this section, the “practice of medicine or osteopathy” means the diagnosis, treatment, or correction of any and all human conditions, ailments, diseases, injuries, or infirmities by any and all means, methods, devices, or instrumentalities;
  11. The “practice of medicine or osteopathy” does not include the practice of Christian Science, the domestic administration of family remedies, the rendering of first aid or medical assistance in an emergency in the absence of a person licensed to practice medicine or osteopathy under the provisions of this chapter, the use of automatic external defibrillators in accordance with the provisions of KRS 311.665 to 311.669 , the practice of podiatry as defined in KRS 311.380 , the practice of dentistry as defined in KRS 313.010 , the practice of optometry as defined in KRS 320.210 , the practice of chiropractic as defined in subsection (2) of KRS 312.015 , the practice as a nurse as defined in KRS 314.011 , the practice of physical therapy as defined in KRS 327.010 , the practice of genetic counseling as defined in KRS 311.690 , the performance of duties for which they have been trained by paramedics licensed under KRS Chapter 311A, emergency medical responders, advanced emergency medical technicians, or emergency medical technicians certified under Chapter 311A, the practice of pharmacy by persons licensed and registered under KRS 315.050 , the sale of drugs, nostrums, patented or proprietary medicines, trusses, supports, spectacles, eyeglasses, lenses, instruments, apparatus, or mechanisms that are intended, advertised, or represented as being for the treatment, correction, cure, or relief of any human ailment, disease, injury, infirmity, or condition, in regular mercantile establishments, or the practice of midwifery, or the provision of certified professional midwifery services by a licensed certified professional midwife as defined in KRS 314.400 ;
  12. “Physician” means a doctor of medicine or a doctor of osteopathy;
  13. “Grievance” means any allegation in whatever form alleging misconduct by a physician;
  14. “Charge” means a specific allegation alleging a violation of a specified provision of this chapter;
  15. “Complaint” means a formal administrative pleading that sets forth charges against a physician and commences a formal disciplinary proceeding;
  16. As used in KRS 311.595(4), “crimes involving moral turpitude” shall mean those crimes which have dishonesty as a fundamental and necessary element, including but not limited to crimes involving theft, embezzlement, false swearing, perjury, fraud, or misrepresentation;
  17. “Telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of medical data, and medical education;
  18. “Order” means a direction of the board or its panels made or entered in writing that determines some point or directs some step in the proceeding and is not included in the final order;
  19. “Agreed order” means a written document that includes but is not limited to stipulations of fact or stipulated conclusions of law that finally resolves a grievance, a complaint, or a show cause order issued informally without expectation of further formal proceedings in accordance with KRS 311.591(6);
  20. “Final order” means an order issued by the hearing panel that imposes one (1) or more disciplinary sanctions authorized by this chapter;
  21. “Letter of agreement” means a written document that informally resolves a grievance, a complaint, or a show cause order and is confidential in accordance with KRS 311.619 ;
  22. “Letter of concern” means an advisory letter to notify a physician that, although there is insufficient evidence to support disciplinary action, the board believes the physician should modify or eliminate certain practices and that the continuation of those practices may result in action against the physician’s license;
  23. “Motion to revoke probation” means a pleading filed by the board alleging that the licensee has violated a term or condition of probation and that fixes a date and time for a revocation hearing;
  24. “Revocation hearing” means a hearing conducted in accordance with KRS Chapter 13B to determine whether the licensee has violated a term or condition of probation;
  25. “Chronic or persistent alcoholic” means an individual who is suffering from a medically diagnosable disease characterized by chronic, habitual, or periodic consumption of alcoholic beverages resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of alcoholic beverages;
  26. “Addicted to a controlled substance” means an individual who is suffering from a medically diagnosable disease characterized by chronic, habitual, or periodic use of any narcotic drug or controlled substance resulting in the interference with the individual’s social or economic functions in the community or the loss of powers of self-control regarding the use of any narcotic drug or controlled substance;
  27. “Provisional permit” means a temporary permit issued to a licensee engaged in the active practice of medicine within this Commonwealth who has admitted to violating any provision of KRS 311.595 that permits the licensee to continue the practice of medicine until the board issues a final order on the registration or reregistration of the licensee;
  28. “Fellowship training license” means a license to practice medicine or osteopathy in a fellowship training program as specified by the license; and
  29. “Special faculty license” means a license to practice medicine that is limited to the extent that this practice is incidental to a necessary part of the practitioner’s academic appointment at an accredited medical school program or osteopathic school program and any affiliated institution for which the medical school or osteopathic school has assumed direct responsibility.

History. Enact. Acts 1952, ch. 150, § 1; 1958, ch. 126, § 29; 1968, ch. 152, § 146; 1972, ch. 218, § 5; 1974, ch. 74, Art. VI, § 90(9); 1974, ch. 331, § 1; 1978, ch. 107, § 1, effective June 17, 1978; 1980, ch. 188, § 251, effective July 15, 1980; 1984, ch. 251, § 1, effective July 13, 1984; 1986, ch. 302, § 5, effective July 15, 1986; 1990, ch. 482, § 11, effective July 13, 1990; 1998, ch. 228, § 1, effective July 15, 1998; 1998, ch. 426, § 537, effective July 15, 1998; 2000, ch. 343, § 18, effective July 14, 2000; 2000, ch. 376, § 8, effective July 14, 2000; 2002, ch. 130, § 4, effective July 15, 2002; 2002, ch. 211, § 35, effective July 15, 2002; 2004, ch. 35, § 1, effective July 13, 2004; 2005, ch. 99, § 585, effective June 20, 2005; 2006, ch. 175, § 1, effective July 12, 2006; 2017 ch. 107, § 9, effective June 29, 2017; 2018 ch. 143, § 16, effective July 14, 2018; 2019 ch. 100, § 24, effective June 27, 2019; 2019 ch. 104, § 12, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 100 and 104, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

Cited in:

Neagle v. State Highway Dep’t, 371 S.W.2d 630, 1963 Ky. LEXIS 105 ( Ky. 1963 ); Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004), rehearing denied, 2004 Ky. App. LEXIS 183 (Ky. Ct. App. 2004).

Notes to Unpublished Decisions

1.Construction With Other Law.

Unpublished decision: Nurses who reviewed an employee's medical file made no determinations regarding the medical necessity of any treatment; they simply determined whether the employee was capable of performing the necessary functions of his job. Such determinations did not fall within the ambit of Ky. Rev. Stat. Ann. § 311.560 . Hackney v. Lincoln Nat'l Fire Ins. Co., 657 Fed. Appx. 563, 2016 FED App. 0592N, 2016 U.S. App. LEXIS 19989 (6th Cir. Ky. 2016 ).

Opinions of Attorney General.

“Naturopathy” which is defined as “a system of therapeutics in which neither surgical nor medicinal agents are used, dependence being placed only on natural non-medicinal forces” cannot be practiced in this state unless the person doing so has a license to practice medicine or osteopathy issued under KRS Ch. 311 or is doing such work as a chiropractor licensed under KRS Ch. 312 or is practicing as a physical therapist licensed under KRS Ch. 327 or has some other state license relating to a limited field of healing which would authorize the application of the principles of naturopathy. OAG 63-443 .

Under subsection (7) (now subsection (11)) of this section, arterial punctures and intubations do constitute the practice of medicine and hence cannot be performed by respiratory or inhalation therapy technicians except under the direction and supervision of a physician. OAG 72-183 .

There is no statutory definition (or recognition) of “physician assistants,” and Kentucky does not recognize that type of medical health provider. OAG 79-97 . (Physician assistants are now recognized and licensed under KRS 311.840 to 311.862 .)

A medical examination required by a regulation promulgated pursuant to subdivision (5) (now subdivision 1(g)) of KRS 156.160 in order to determine a high school student’s eligibility for interscholastic athletics could not be performed by a chiropractor, since another regulation required a medical physician’s examination and a chiropractor is not a “physician” under the terms of subsection (10) (now (12)) of this section. OAG 81-335 .

Only a doctor of medicine or doctor of osteopathy duly licensed pursuant to KRS Ch. 311 is competent to certify the existence of a handicap pursuant to KRS 189.456(3)(c). OAG 82-130 .

There is no conflict between the midwifery statute, KRS 211.180(4) (now KRS 211.180(1)(f)), and the practice of medicine, because the Medical Practice Act itself in subsection (9) (now subsection (11)) of this section excludes midwifery from being considered the practice of medicine. OAG 82-361 .

Research References and Practice Aids

Kentucky Law Journal.

Smith, Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other, 75 Ky. L.J. 473 (1986-87).

311.555. Legislative declaration of policy — Standards for judicial review.

It is the declared policy of the General Assembly of Kentucky that the practice of medicine and osteopathy should be regulated and controlled as provided in KRS 311.530 to 311.620 in order to prevent empiricism and to protect the health and safety of the public. Further, the General Assembly of Kentucky has created the board, as defined in KRS 311.530 , to function as an independent board, the majority of whose members are licensed physicians, with the intent that such a peer group is best qualified to regulate, control and otherwise discipline the licensees who practice medicine and osteopathy within the Commonwealth of Kentucky. In furtherance of this intent, the judiciary of the Commonwealth of Kentucky, who may be caused to review the actions of the board, shall not interfere or enjoin the board’s actions until all administrative remedies are exhausted, and modify, remand, or otherwise disturb those actions only in the event that the action of the board:

  1. Constitutes a clear abuse of its discretion;
  2. Is clearly beyond its legislative delegated authority; or
  3. Violated the procedure for disciplinary action as described in KRS 311.591 .

History. Enact. Acts 1952, ch. 150, § 2; 1978, ch. 107, § 2, effective June 17, 1978; 1980, ch. 188, § 252, effective July 1, 1980; 1984, ch. 251, § 8, effective July 13, 1984; 1994, ch. 190, § 2, effective July 15, 1994.

NOTES TO DECISIONS

1.In General.

Public policy of KRS 311.555 and the legislative interest of the Commonwealth in regulating the practice of medicine for the public good were properly regulated through the establishment of the Kentucky Board of Medical Licensure and the Board was authorized to proceed and function independently of the general administrative hearing requirements that were required of other state regulatory agencies. Abul-Ela v. Ky. Bd. of Med. Licensure, 217 S.W.3d 246, 2006 Ky. App. LEXIS 361 (Ky. Ct. App. 2006).

2.Due Process.

Board’s decision to place ophthalmologist’s license on “monitor status” without complaint or hearing violated his statutory rights under KRS 311.591 and 311.605 as well as his rights under the due process clause of the United States Constitution; the constitutional violation could be a proper basis for a civil rights action under 42 USCS §§ 1983 and 1988. Dawson v. Birenbaum, 968 S.W.2d 663, 1998 Ky. LEXIS 56 ( Ky. 1998 ).

3.Revocation Proper.

Evidence that physician was interviewed in New York investigation concerning the death of a friend and voluntarily surrendered his New York license where he agreed not to contest charges of misconduct but did not disclose such action on his annual renewal form for renewal of his Kentucky license, was sufficient to revoke his Kentucky medical license. Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

Cited:

Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004), rehearing denied, 2004 Ky. App. LEXIS 183 (Ky. Ct. App. 2004).

Opinions of Attorney General.

KRS 61.810(1)(j) permits the Board of Medical Licensure to go into closed session to consider and deliberate a grievance against a physician, including the Governor. Such a closed session must conform in all particulars with the requirements of KRS 61.815(1)(a) through (d), including the requirement that no final action may be taken during the closed session. OAG 05-OMD-17.

Research References and Practice Aids

Kentucky Law Journal.

Note: Are Noncompete Contracts Between Physicians Bad Medicine? Advocating in the Affirmative by Drawing a Public Policy Parallel to the Legal Profession, 98 Ky. L.J. 131 (2009/2010).

311.560. Prohibition against practice of medicine or osteopathy without license — Exceptions.

  1. Except as provided in subsection (2) of this section, no person shall engage or attempt to engage in the practice of medicine or osteopathy within this state, or open, maintain, or occupy an office or place of business within this state for engaging in practice, or in any manner announce or express a readiness to engage in practice within this state, unless the person holds a valid and effective license or permit issued by the board as hereinafter provided.
  2. The provisions of subsection (1) of this section shall not apply to:
    1. Commissioned medical officers of the Armed Forces of the United States, or medical officers of the United States Public Health Service, the United States Department of Veterans Affairs, and other agencies of the government of the United States of America, while said persons are engaged in the performance, within this state, of their official duties under federal laws;
      1. Persons who, being nonresidents of Kentucky and lawfully licensed to practice medicine or osteopathy in their states of actual residence, infrequently engage in the practice of medicine or osteopathy within this state, when called to see or attend particular patients in consultation and association with a physician licensed pursuant to this chapter; or (b) 1. Persons who, being nonresidents of Kentucky and lawfully licensed to practice medicine or osteopathy in their states of actual residence, infrequently engage in the practice of medicine or osteopathy within this state, when called to see or attend particular patients in consultation and association with a physician licensed pursuant to this chapter; or
      2. Persons who, being current participants in a medical residency program outside of Kentucky and lawfully licensed to practice medicine or osteopathy in the states of their medical residency programs, who participate in a temporary residency rotation of no more than sixty (60) days at a hospital in this Commonwealth. All persons who participate in a temporary residency rotation under this paragraph shall register with the board at no cost, on forms provided by the board, and shall be subject to the jurisdiction of the board for so long as they participate in the residency rotation. Persons who wish to participate in a second or subsequent temporary residency rotation under this paragraph shall seek advance approval of the board;
    2. Graduates of medical or osteopathic schools approved by the board, while engaged in performing supervised internship or first-year postgraduate training approved by the board at hospitals in this state. All first-year postgraduate trainees shall register with the board at no cost, on forms provided by the board. No first-year postgraduate trainee shall violate the provisions of KRS 311.595 or KRS 311.597 , and any first-year postgraduate trainee who is released or discharged from a training program for a reason that falls within KRS 311.595 or 311.597 shall be reported by the program director to the board. A residency physician who participates in a temporary residency rotation under paragraph (b) of this subsection shall not be required to obtain a license under KRS 311.530 to 311.620 ;
    3. Physicians employed by a sports entity visiting Kentucky for a specific sporting event when the physician holds an active medical or osteopathic license in another state and limits the practice of medicine in Kentucky to medical treatment of the members, coaches, and staff of the sports entity that employs the physician; or
    4. Persons who are nonresidents of Kentucky and licensed to practice medicine or osteopathy in their states of residence and are providing medical services as a charitable health-care provider in Kentucky through a nonprofit, all-volunteer sponsoring organization as provided for under KRS 216.940 to 216.945 , after confirming to the board that their licenses are currently in good standing in their states of residence and having been issued a written waiver by the board to provide these services during the specific period stated in the written waiver.

HISTORY: Enact. Acts 1952, ch. 150, § 3; 1972, ch. 218, § 7; 1990 Ky. Acts ch. 495, § 12; 1998, ch. 228, § 2, effective July 15, 1998; 2000, ch. 291, § 1, effective July 14, 2000; 2002, ch. 130, § 5, effective July 15, 2002; 2004, ch. 35, § 3, effective July 13, 2004; 2007, ch. 96, § 10, effective June 26, 2007; 2009, ch. 5, § 2, effective June 25, 2009; 2017 ch. 42, § 17, effective June 29, 2017.

Notes to Unpublished Decisions

1.Applicability.

Unpublished decision: Nurses who reviewed an employee's medical file simply determined whether the employee was capable of performing the necessary functions of his job. Such determinations did not fall within the ambit of Ky. Rev. Stat. Ann. § 311.560 . Hackney v. Lincoln Nat'l Fire Ins. Co., 657 Fed. Appx. 563, 2016 FED App. 0592N, 2016 U.S. App. LEXIS 19989 (6th Cir. Ky. 2016 ).

2.Construction With Other Laws.

Unpublished decision: Medical record reviewer—which plaintiff's complaint did not allege was involved in any determinations regarding medical necessity of treatments—was not practicing medicine and did not have an independent duty to plaintiff under the Kentucky medical licensing statute. Instead, the allegations in the complaint implicitly relied on the Employee Retirement Income Security Act of 1974 to establish the duty required for plaintiff's negligence claim. Milby v. MCMC LLC, 844 F.3d 605, 2016 U.S. App. LEXIS 23112 (6th Cir. Ky. 2016 ), cert. denied, 138 S. Ct. 113, 199 L. Ed. 2d 30, 2017 U.S. LEXIS 4775 (U.S. 2017).

3.Relationship With Other Laws.

Unpublished decision: Where a plaintiff appealed a district court's denial of his motion to remand, his state-law claim was completely preempted by the Employee Retirement Income Security Act of 1974 (ERISA); his claim was in essence about the denial of benefits under ERISA plan, the defendant did not owe independent duty to plaintiff under the Kentucky medical licensing statute, and dismissal of claim was proper. Hackney v. AllMed Healthcare Mgmt., Inc., 679 Fed. Appx. 454, FED App. 0113N, U.S. App. LEXIS 2877 (6th Cir. Ky.), cert. denied, 138 S. Ct. 236, 199 L. Ed. 2d 122, 2017 U.S. LEXIS 5828 (U.S. 2017).

311.565. Powers and functions of board — Fees — Fines — Guidelines and training for allegations of sexual misconduct by professionals.

  1. The board may:
    1. Exercise all the administrative functions of the state in the prevention of empiricism and in the regulation of the practice of medicine and osteopathy, which shall include but not be limited to promulgation of reasonable administrative regulations enabling the board to regulate the conduct of its licensees;
    2. Promulgate reasonable administrative regulations establishing moral, physical, intellectual, educational, scientific, technical, and professional qualifications of applicants for licenses and permits that may be issued by the board;
    3. Issue, deny, suspend, limit, restrict, and revoke any licenses or permits that may be issued by the board, and to reprimand or to place licensees on probation, in compliance with the provisions of KRS 311.530 to 311.620 ;
    4. Appoint an executive director and assistant executive directors and fix their compensation. The executive director shall oversee the work of the board, shall be authorized to discharge the duties of the secretary, as provided by KRS 311.530 to 311.620 , and shall carry out the duties of the executive director as set forth elsewhere in this chapter;
    5. Appoint a general counsel and assistant general counsel and fix their compensation;
    6. Appoint investigatory personnel and fix their compensation;
    7. Appoint one (1) or more hearing officers, who need not be members of the board, and fix their compensation. Every hearing officer shall be vested with the full and complete power and authority of the board to schedule and conduct hearings on behalf of and in the name of the board on all matters referred for hearing by the board or secretary thereof, including, among other things, proceedings for placing licensees on probation and for limitation, suspension, and revocation of licenses. All administrative hearings conducted by the board, a member of the board, or a hearing officer appointed by the board, shall be conducted in accordance with KRS Chapter 13B. No hearing officer shall be empowered to place any licensee on probation or to issue, refuse, suspend, limit, or revoke any license;
    8. Appoint committees of licensees, who need not be board members, to review issues of public or medical interest before the board and to make recommendations to the board on the issues;
    9. Promulgate administrative regulations to promote the efficient and fair conduct of disciplinary proceedings;
    10. Promulgate a code of conduct governing the practice of medicine and osteopathy, which shall be based upon generally recognized principles of professional ethical conduct;
    11. Utilize the services and facilities of professional organizations, and procure and receive the assistance and recommendations of professional organizations in administering KRS 311.530 to 311.620;
    12. Make its personnel and facilities available to other governmental entities under mutually agreeable terms and conditions;
    13. Issue regular licenses without further testing by endorsement from another state having qualifications and standards at least as high as those of this state or by endorsement from the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, the National Joint Committee of Preregistration Physician Training Programs, or any approved successors thereof;
    14. Issue and renew regular licenses to practice medicine or osteopathy in accordance with KRS 311.530 to 311.620 and any reasonable regulations of the board;
    15. Issue and renew, or refuse to issue or renew, or cancel and terminate limited licenses pursuant to administrative regulations promulgated by the board; provided however, no person who held a limited license for institutional practice or general practice as of September 1, 1972, shall be denied the renewal of that limited license for nondisciplinary reasons;
    16. Appoint examiners, who need not be members of the board, and employ or contract with the Federation of State Medical Boards of the United States, Inc., or the National Board of Medical Examiners or other organizations, agencies, or individuals to prepare examination questions and grade examination papers;
    17. Determine the schools, colleges, universities, institutions, and training acceptable in connection with licensure under KRS 311.530 to 311.620;
    18. Prescribe the time, place, method, manner, scope, and content of examinations;
    19. Prescribe all forms which it considers appropriate, and require the submission of photographs, fingerprints, and personal history data;
    20. Require a criminal background investigation of all persons applying for licensure at the time of initial application, and at other times at the request of the board for good cause shown, by means of a fingerprint check by the Department of Kentucky State Police and Federal Bureau of Investigation;
    21. Prescribe and collect reasonable fees and charges for examinations, directories, and the issuance and renewal of licenses and permits; and
    22. Impose fines of not greater than five thousand dollars ($5,000) per violation and require the licensee to reimburse the board for the costs of the administrative proceedings including consultant fees, upon a finding pursuant to disciplinary proceedings that the licensee has violated any provision of KRS 311.595 to 311.597 or duly promulgated disciplinary regulation of the board.
  2. The board shall develop specific guidelines to follow upon receipt of an allegation of sexual misconduct by a physician licensed by the board. The guidelines shall include investigation, inquiry, and hearing procedures which ensure that the process does not revictimize the alleged victim or cause harm if a physician is falsely accused.
  3. The board, the hearing officer, and investigators hired by the board shall receive training on the dynamics of sexual misconduct of professionals, including the nature of this abuse of authority, characteristics of the offender, the impact on the victim, the possibility and the impact of false accusations, investigative procedure in sex offense cases, and effective intervention with victims and offenders.

History. Enact. Acts 1952, ch. 150, § 5; 1972, ch. 218, § 8; 1984, ch. 251, § 2, effective July 13, 1984; 1986, ch. 109, § 1, effective July 15, 1986; 1986, ch. 302, § 6, effective July 15, 1986; 1994, ch. 265, § 3, effective July 15, 1994; 1994, ch. 470, § 3, effective July 15, 1994; 1996, ch. 318, § 254, effective July 15, 1996; 1998, ch. 228, § 3, effective July 15, 1998; 2002, ch. 130, § 6, effective July 15, 2002; 2003, ch. 27, § 1, effective June 24, 2003; 2007, ch. 85, § 294, effective June 26, 2007.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last.

Opinions of Attorney General.

Since ordinances banning pain clinics are not the subject of an express power granted to local governmental units by the General Assembly, and infringe upon the legislative policy embodied in statutes regulating the practice of medicine and distribution of controlled substances, such ordinances are beyond the legitimate authority of a unit of local government. OAG 11-003 , 2011 Ky. AG LEXIS 54.

311.566. Restrictions on board’s requirements for licensure.

  1. As used in this section:
    1. “Continuing medical education” means continued postgraduate medical education intended to provide medical professionals with knowledge of new developments in their field;
    2. “Maintenance of certification” means any process requiring periodic recertification examinations to maintain specialty medical board certification;
    3. “Maintenance of licensure” means the proprietary framework for physician license renewal established through the Federation of State Medical Boards or its successor organization, which includes additional periodic testing other than continuing medical education; and
    4. “Specialty medical board certification” means certification by a board that specializes in one (1) particular area of medicine and typically requires additional and more strenuous examinations than the State Board of Medical Licensure’s requirements to practice medicine.
  2. The board shall not require any form of maintenance of licensure as a condition of physician licensure, including requiring any form of maintenance of licensure tied to maintenance of certification. The board’s regular requirements, including continuing medical education, shall suffice to demonstrate professional competency.
  3. The board shall not require any form of specialty medical board certification or any maintenance of certification to practice medicine in Kentucky.

HISTORY: 2016 ch. 53, § 1, effective July 15, 2016.

311.567. Authority for administrative regulations — Physician Assistant Advisory Committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 228, § 4) was repealed by Acts 2002, ch. 130, § 36, effective July 15, 2002.

311.570. Eligibility for licenses — Examinations — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 150, § 6; 1970, ch. 120, § 5; 1972, ch. 218, § 9; 1978, ch. 107, § 3, effective June 17, 1978; 1980, ch. 188, § 257, effective July 15, 1980) was repealed by Acts 1984, ch. 251, § 11, effective July 13, 1984.

311.571. Qualifications for licenses — Exception in extraordinary circumstances.

  1. No applicant who is a graduate of a medical or osteopathic school located within the United States and its territories and protectorates or Canada shall be eligible for a regular license to practice medicine in the Commonwealth unless the applicant:
    1. Is able to understandably speak, read, and write the English language;
    2. Has graduated from an accredited college or university or has satisfactorily completed a collegiate course of study necessary for entry into an approved medical or osteopathic school or college;
    3. Has graduated from a prescribed course of instruction in a medical or osteopathic school or college situated in the United States or Canada and approved by the board;
    4. Has satisfactorily completed a prescribed course of postgraduate training of a duration to be established by the board in an administrative regulation promulgated in accordance with KRS Chapter 13A, after consultation with the University of Kentucky College of Medicine, the University of Louisville School of Medicine, and the Pikeville College School of Osteopathic Medicine;
    5. Has successfully completed an examination prescribed by the board; and
    6. Has fulfilled all other reasonable qualifications for regular licensure that the board may prescribe by regulation.
  2. No applicant who is a graduate of a medical or osteopathic school located outside the United States or Canada shall be eligible for a regular license to practice medicine in the Commonwealth unless the applicant:
    1. Is able to understandably speak, read, and write the English language;
    2. Has successfully completed a course of study necessary for entry into an approved medical or osteopathic school or college;
    3. Has graduated from a prescribed course of instruction in a medical or osteopathic school or college situated outside the United States or Canada and approved by the board or is a citizen of the United States and has been awarded a diploma by an approved medical or osteopathic school located within the United States or Canada as part of a program designed to allow for the transfer of students to such schools from schools located outside the United States or Canada;
    4. Has successfully completed an examination prescribed by the board;
    5. Has been certified by the educational commission for foreign medical graduates or by an approved United States specialty board;
    6. Has satisfactorily completed a prescribed course of postgraduate training of a duration to be established by the board in an administrative regulation promulgated in accordance with KRS Chapter 13A, after consultation with the University of Kentucky College of Medicine, the University of Louisville School of Medicine, and the Pikeville College School of Osteopathic Medicine; and
    7. Has fulfilled all other reasonable qualifications for regular licensure that the board may prescribe by regulation.
  3. No applicant shall be eligible for a limited license-institutional practice unless the applicant:
    1. Has fulfilled all the requirements for regular licensure as delineated in subsection (1) of this section; or
    2. Has fulfilled the requirements for regular licensure as delineated in subsection (2)(a) to (e) and (g) of this section and in addition has satisfactorily completed a prescribed course of postgraduate training of at least one (1) full year’s duration approved by the board; and
    3. Has fulfilled all other reasonable qualifications for limited licensure that the board may prescribe by regulation.
  4. The board may grant an applicant a limited license-institutional practice for a renewable period of one (1) year if the applicant:
    1. Has fulfilled the requirements for regular licensure as delineated in subsection (2)(a), (b), (d), (e), and (g) of this section;
    2. Has fulfilled the requirements for a limited license-institutional practice as indicated in subsection (3)(c) of this section; and
    3. Has satisfactorily completed a prescribed course of postgraduate training of at least one (1) full year’s duration approved by the board.
  5. The board may grant an applicant a fellowship training license for a renewable period of one (1) year if the applicant:
    1. Has been accepted for a fellowship approved by the administration of any of Kentucky’s medical schools and conducted under the auspices of that medical school; or
    2. Has graduated from a medical school located outside the United States or Canada that has been approved by the board, and:
      1. Has been certified by the appropriate licensing authority in his or her home country in the subject specialty of the fellowship; and
      2. Is able to demonstrate that he or she is a physician of good character and is in good standing in the country where he normally practices medicine.
    1. The board may grant an applicant a special faculty license for a renewable period of one (1) year if the applicant: (6) (a) The board may grant an applicant a special faculty license for a renewable period of one (1) year if the applicant:
      1. Holds or has been offered a full-time faculty appointment at an accredited Kentucky medical or osteopathic school approved by the board and is nominated for a special faculty license by the dean of the school of medicine or school of osteopathy;
      2. Possesses a current valid license to practice medicine or osteopathy issued by another state, country, or other jurisdiction;
      3. Is able to understandably speak, read, and write the English language;
      4. Is board certified in his or her specialty;
      5. Is not otherwise eligible for a regular license under this chapter; and
      6. Is not subject to denial of a license under any provision of this chapter.
    2. The applicant shall submit the fee established by administrative regulation promulgated by the board for an initial license to practice medicine.
    3. An applicant approved for a license under this subsection shall not engage in the practice of medicine or osteopathy outside an accredited medical school program or osteopathic school program and any affiliated institution or program for which the medical school or osteopathic school has assumed direct responsibility.
    4. The board may grant a regular license to practice medicine or osteopathy to a person who has had a special faculty license for a period of at least five (5) consecutive years.
  6. An applicant seeking regular licensure in the Commonwealth who was originally licensed in another state may obtain licensure in the Commonwealth without further testing and training if the applicant:
    1. Has been endorsed in writing by the applicant’s original licensing state as being licensed in good standing in that state; and
    2. Would have satisfied all the requirements for regular licensure described in the preceding subsections had the applicant sought original licensure in this state.
  7. No applicant shall be granted licensure in the Commonwealth unless the applicant has successfully completed an examination prescribed by the board in accordance with any rules that the board may establish by regulation concerning passing scores, testing opportunities and test score recognition.
  8. Notwithstanding any of the requirements for licensure established by subsections (1) to (8) of this section and after providing the applicant or reregistrant with reasonable notice of its intended action and after providing a reasonable opportunity to be heard, the board may deny licensure to an applicant or the reregistrant of an inactive license without a prior evidentiary hearing upon a finding that the applicant or reregistrant has violated any provision of KRS 311.595 or 311.597 or is otherwise unfit to practice. Orders denying licensure may be appealed pursuant to KRS 311.593 .
  9. Notwithstanding any of the foregoing, the board may grant licensure to an applicant in extraordinary circumstances upon a finding by the board that based on the applicant’s exceptional education, training, and practice credentials, the applicant’s practice in the Commonwealth would be beneficial to the public welfare.
  10. Notwithstanding any provision of this section, the board may exercise its discretion to grant a visiting professor license to an applicant after considering the following:
    1. Whether the applicant meets the qualifications for a regular license;
    2. Whether the applicant is licensed to practice medicine in other states or in other countries; and
    3. The recommendation of the program director of an accredited medical school that confirms the applicant’s employment as a visiting professor and that includes, if necessary, written justification for a waiver of the requirements specified in subsections (1) and (2) of this section.

Orders denying applications for a visiting professor license shall not be appealed under KRS 311.593 .

HISTORY: Enact. Acts 1984, ch. 251, § 3, effective July 13, 1984; 1990, ch. 443, § 16, effective July 13, 1990; 1994, ch. 190, § 3, effective July 15, 1994; 2000, ch. 379, § 1, effective July 14, 2000; 2002, ch. 130, § 7, effective July 15, 2002; 2004, ch. 35, § 2, effective July 13, 2004; 2006, ch. 175, § 2, effective July 12, 2006; 2015 ch. 113, § 4, effective June 24, 2015.

NOTES TO DECISIONS

1.Notice and Opportunity to Be Heard.

Doctor had sufficient notice and was adequately heard by the Kentucky Board of Medical Licensure on the issue of whether or not the doctor should be licensed by endorsement in Kentucky, because the doctor had notice that the prior malpractice claims were of concern to the Board and the doctor attended the hearing and responded to the issues raised by the Board. Although the doctor did not have adequate notice about the Board’s concern regarding the doctor’s dismissal from a program, the procedural error was harmless. Abul-Ela v. Ky. Bd. of Med. Licensure, 217 S.W.3d 246, 2006 Ky. App. LEXIS 361 (Ky. Ct. App. 2006).

Notice and hearing procedural requirements employed by the Kentucky Medical Licensure Board adequately protected the applicant and afforded the applicant due process. The Board was not required to proceed with the more formal hearing procedures of KRS ch. 13B. Abul-Ela v. Ky. Bd. of Med. Licensure, 217 S.W.3d 246, 2006 Ky. App. LEXIS 361 (Ky. Ct. App. 2006).

Opinions of Attorney General.

An amendment to this section or any other provision in KRS Chapter 311 requiring a physician to treat any individual covered by a certain type of insurance is not rationally related to the legitimate state end of that chapter which is to protect the public from improperly trained or educated physicians. However, such a requirement contained in another portion of the KRS may withstand constitutional scrutiny if a court could be convinced that the requirement is rationally related to some legitimate state end. OAG 93-28 .

311.572. Order to show cause — Hearing.

  1. The board may issue an order directing an applicant for a license or the holder of a license to show cause why the applicant should be granted a license or the licensee should not be disciplined, respectively, when:
    1. An applicant admits or is otherwise found to have committed an act which constitutes a violation of the provisions of this chapter; or
    2. A licensee admits or is otherwise found to have committed an act in violation of the provisions of this chapter in any document relating to the registration or reregistration of a license.
  2. The order shall be signed by an officer of the board and shall state those violations which the board believes to have been committed. The matter shall be assigned to a hearing panel and shall proceed in accordance with KRS 311.591 . The burden of proof shall lie with the charged physician.
  3. The board may issue a provisional permit to practice medicine as provided in KRS 311.550(27) and the board shall not approve any application for licensure or application for reregistration of an inactive license or provisional permit until a final order on the matter has been issued.

History. Enact. Acts 1986, ch. 302, § 10, effective July 15, 1986; 1994, ch. 190, § 4, effective July 15, 1994; 2002, ch. 130, § 8, effective July 15, 2002.

NOTES TO DECISIONS

Cited:

Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

311.575. Issuance and cancellation of temporary permit — Notice — Application of temporary permit fees upon regular license fee.

  1. Whenever, in the opinion of the executive director, based upon verified information contained in the application, an applicant for a license to practice medicine or osteopathy is eligible therefor under subsections (1) and (2) of KRS 311.571 , the executive director may issue to such applicant, on behalf of the board, a temporary permit which shall entitle the holder to practice medicine or osteopathy in this state for a maximum of six (6) months from date of issuance thereof unless the temporary permit is sooner canceled by the executive director, who may cancel it at any time, without a hearing, for reasons deemed sufficient to him with appropriate consultation with the president, and who shall cancel it immediately upon direction by the board or upon the board’s denial of the holder’s application for a regular license. The permit shall not be renewable.
  2. The executive director shall present to the board the application for a license made by the holder of the temporary permit. In the event the board issues a regular license to the holder of a temporary permit, the fee paid in connection with any temporary permit then in effect shall be applied upon the prescribed license fee.
  3. When the executive director cancels a temporary permit, he shall promptly notify, by certified United States mail, the holder of the temporary permit, at his last known address as reflected by the files of the board, and the temporary permit shall become terminated and of no further force and effect three (3) days after the giving of said notice to the holder.

History. Enact. Acts 1952, ch. 150, § 7; 1972, ch. 218, § 10; 1984, ch. 251, § 7, effective July 13, 1984; 1986, ch. 302, § 7, effective July 15, 1986; 2002, ch. 130, § 9, effective July 15, 2002.

311.580. Forms of licenses and permits.

  1. Every certificate of regular license, limited license, fellowship training license, provisional permit, and temporary permit shall be in such form as is approved by the board or by the executive director thereof; provided, however, that each certificate shall be signed by the executive director and shall contain the date of issuance, the name of the person to whom issued, and whether the holder is authorized to practice medicine or osteopathy.
  2. Limited license and fellowship training certificates, whether originals or renewals, shall expressly state the period therefor, which shall not be in excess of one (1) year, and shall expressly state the nature and place of work authorized thereunder.
  3. Temporary permits shall expressly state the date of issuance, that they shall be for a period of not more than six (6) months from date of issuance, and that they are subject to cancellation as provided by KRS 311.575 .

History. Enact. Acts 1952, ch. 150, § 8; 2002, ch. 130, § 10, effective July 15, 2002.

311.585. License or permit to be exhibited to county clerk. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 150, § 9) was repealed by Acts 1972, ch. 218, § 11(c), effective September 1, 1972.

311.586. Report to board of physician’s address — Notice of change of address.

  1. Every physician who is practicing medicine or osteopathy in this state shall report to the board the address or addresses at which he maintains an office, and every new licensee shall make the same report within ninety (90) days after commencing the practice of medicine or osteopathy in this state.
  2. Every physician who, after notifying the board of his official address or addresses, moves his office to a new address shall immediately notify the board of the change.

History. Enact. Acts 1972, ch. 218, § 11 (a), (b); 2002, ch. 130, § 11, effective July 15, 2002.

311.590. Falsification of statement, forgery of documents, dishonesty, fraud, deceit, collusion, or conspiracy concerning licensure prohibited.

  1. No person shall make any statement or submit any document, paper, or thing to the board, or to its executive director, or to any county clerk, relating in any manner to issuance, registration, suspension, or revocation of any license or permit, knowing same to be false, forged, or fraudulent.
  2. No person shall engage in dishonesty, fraud, deceit, collusion, or conspiracy in connection with any examination, hearings, or disciplinary proceedings conducted by the board.
  3. No person shall make or issue any false or counterfeit certificate that purports to have been issued by the board, or by its executive director, or forge the signature of any person thereon, or alter any such certificate that has been issued by the board or by its executive director.

History. Enact. Acts 1952, ch. 150, § 10; 1978, ch. 384, § 476, effective June 17, 1978; 1994, ch. 190, § 5, effective July 15, 1994; 2002, ch. 130, § 12, effective July 15, 2002.

NOTES TO DECISIONS

1.False Statements.

Doctor's false statements claim against a physician failed to the extent the claim was based on the physician's allegedly false statements to the Kentucky Board of Medical Licensure because such statements were absolutely privileged under the judicial statements privilege. Kinney v. Maggard, 2018 Ky. App. LEXIS 93 (Ky. Ct. App. Feb. 23, 2018), vacated, 576 S.W.3d 559, 2019 Ky. LEXIS 212 ( Ky. 2019 ).

Cited:

Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

311.591. Inquiry and hearing panels — Grievances — Review by inquiry panel — Complaints — Hearing by hearing panel — Final order — Discipline — Release of information — Privacy.

  1. The president of the board shall divide the membership of the board, excluding himself, into two (2) panels of seven (7) members, each panel to include at least one (1) consumer member. Each panel shall have the power to act as an inquiry or a hearing panel. The president shall not be a permanent member of either panel, but shall have the power to render the deciding vote whenever a tie vote is rendered by either panel and shall have the power to serve as a member of either panel when necessary to achieve a quorum by majority.
  2. Grievances may be submitted by an individual (including board members), organization, or entity. Each grievance shall be investigated as necessary and the executive director shall assign each grievance to an inquiry panel. All inquiry panels and the executive director shall have the power to issue investigatory subpoenas for the appearance of any person or production of any record, document, or other item within the jurisdiction of the Commonwealth. The panel or executive director may seek enforcement of investigatory subpoenas and search warrants in the courts of the Commonwealth as may be necessary.
  3. Upon completion of its inquiry, the inquiry panel shall make a finding that:
    1. There is no evidence of a violation of any medical practice act and no further action is necessary;
    2. There is insufficient evidence of a violation to warrant the issuance of a complaint, but that there is evidence of a practice or activity that requires modification and the panel may issue a letter of concern under KRS 311.550(22). The letter of concern shall be a public document and may be used in future disciplinary actions against the physician;
    3. The grievance discloses an instance of misconduct which does not warrant the issuance of a complaint; in these instances, the panel may admonish the physician for his misconduct; or
    4. The grievance discloses one (1) or more violations of the provisions of this chapter which warrant the issuance of a complaint; in these instances, the panel shall cause a complaint to be prepared, signed by the presiding officer, which shall contain sufficient information to apprise the named physician of the general nature of the charges.
  4. The inquiry panel shall cause a complaint to be served on the charged physician by personal delivery or by certified mail to the physician’s last address of which the board has record. The physician shall submit a response within thirty (30) days after service. Failure to submit a timely response or willful avoidance of service may be taken by the board as an admission of the charges.
  5. Upon the issuance of the complaint, the executive director shall assign the matter for an administrative hearing by a hearing panel. No member who served on the inquiry panel may also serve as a member of the hearing panel. The hearing panel or the hearing officer on behalf of the panel shall preside over all proceedings pursuant to the issuance of a complaint.
  6. The board may promulgate administrative regulations regarding the informal disposition of any complaint, and an informal disposition may be made at any stage of the proceeding.
  7. Upon completion of an administrative hearing, the hearing panel shall issue a final order that:
    1. Dismisses the complaint upon a conclusion that the provisions of this chapter have not been violated;
    2. Finds a violation of the provisions of this chapter, but does not impose discipline because the panel does not believe discipline to be necessary under the circumstances; or
    3. Imposes discipline upon the licensee; in these instances, the panel may revoke, suspend, restrict, deny, or limit a license, or may reprimand a licensee or place a licensee on probation under terms the panel may establish to protect the licensee, his patients, or the general public. The hearing panel may impose a fine whenever it finds that a violation of this chapter has occurred. If the board substantiates that sexual contact occurred between the physician and the patient while the patient was under the care of or in a professional relationship with the physician, the physician’s license may be revoked or suspended with mandatory treatment of the physician as prescribed by the board. The board may require the physician to pay a specified amount for mental health services for the patient which are needed as a result of the sexual contact. The hearing panel’s order shall be considered the final order of the board regarding the matter.
  8. Regardless of the restrictions on public disclosure of information established in subsection (9) of this section, the board may order information derived from any investigation or inquiry be released to the physician licensure authority of another state or to any health care or mental health care facility licensed and regulated by the Commonwealth of Kentucky upon a showing that the information is necessary to determine the propriety of a physician practicing in a particular state or facility.
  9. The presiding officer at any proceeding held pursuant to a complaint or show cause order shall take whatever measures are necessary to protect the privacy interests of individuals other than the charged physician upon a showing that evidence is to be introduced, the public disclosure of which would constitute a clear invasion of personal privacy. It is the general policy of the Commonwealth that administrative proceedings should be open to the public. Therefore, in applying this subsection, the presiding officer shall balance the competing interests and employ the least restrictive measures available to protect the privacy interests involved.

History. Enact. Acts 1984, ch. 251, § 4, effective July 13, 1984; 1986, ch. 302, § 8, effective July 15, 1986; 1994, ch. 190, § 6, effective July 15, 1994; 1994, ch. 265, § 4, effective July 15, 1994; 1994, ch. 470, § 4, effective July 15, 1994; 1996, ch. 318, § 255, effective July 15, 1996; 2002, ch. 130, § 13, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last. 1994 Ky. Acts ch. 190, sec. 6 is not in conflict with these two acts and has been codified together with them.

NOTES TO DECISIONS

1.Due Process.

Board’s decision to place ophthalmologist’s license on “monitor status” without complaint or hearing violated his statutory rights under this section and KRS 311.605 as well as his rights under the due process clause of the United States Constitution; the constitutional violation could be a proper basis for a civil rights action under 42 USCS §§ 1983 and 1988. Dawson v. Birenbaum, 968 S.W.2d 663, 1998 Ky. LEXIS 56 ( Ky. 1998 ).

Notice and hearing procedural requirements employed by the Kentucky Medical Licensure Board adequately protected the applicant and afforded the applicant due process. The Board was not required to proceed with the more formal hearing procedures of KRS ch. 13B. Abul-Ela v. Ky. Bd. of Med. Licensure, 217 S.W.3d 246, 2006 Ky. App. LEXIS 361 (Ky. Ct. App. 2006).

2.Procedure.

Kentucky Board of Medical Licensure is not required to follow strict procedures and rules of evidence in gathering evidence needed to help it reach a decision. Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004).

Trial court properly granted summary judgment in favor of a doctor as to a patient’s medical negligence claim because she could not compel involuntary testimony from an expert working for the Board of Medical Licensure even if it amounted to his preliminary recommendations, and preliminary memoranda in which his opinions were expressed for use by the Board. Pringle v. South, 2020 Ky. App. LEXIS 56 (Ky. Ct. App. May 8, 2020).

3.Judicial Statements Privilege.

Doctor's defamation claims against a physician failed to the extent the claims were based on the physician's allegedly false statements to the Kentucky Board of Medical Licensure because such statements were absolutely privileged under the judicial statements privilege. Kinney v. Maggard, 2018 Ky. App. LEXIS 93 (Ky. Ct. App. Feb. 23, 2018), vacated, 576 S.W.3d 559, 2019 Ky. LEXIS 212 ( Ky. 2019 ).

Opinions of Attorney General.

Pleadings in a disciplinary action before the Board are public records and subject to inspection and production under KRS 61.872 . OAG 03-ORD-24.

311.592. Emergency order suspending, limiting, or restricting license — Hearing.

  1. At any time when an inquiry panel has probable cause to believe that a physician has violated the terms of an agreed order or violated the terms of a disciplinary order, or a physician’s practice constitutes a danger to the health, welfare, and safety of his patients or the general public, the inquiry panel may issue an emergency order, in accordance with KRS 13B.125 , suspending, limiting, or restricting the physician’s license.
  2. For the purposes of a hearing conducted under KRS 13B.125 on an emergency order issued under subsection (1) of this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of substantial evidence of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
  3. An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint or a motion to revoke probation or an order of indefinite restriction or limitation. The inquiry panel shall issue a complaint or a motion to revoke probation or indefinite restriction or limitation prior to the date of the emergency hearing or the emergency order shall become void.
  4. An order of temporary suspension, restriction, or limitation shall not be maintained after a final order is served on the charged physician pursuant to the proceeding on the complaint or on the motion to revoke. An appeal of an emergency order shall not prejudice the board from proceeding upon the complaint or the motion to revoke.

History. Enact. Acts 1984, ch. 251, § 5, effective July 13, 1984; 1986, ch. 302, § 9, effective July 15, 1986; 1994, ch. 190, § 7, effective July 15, 1994; 1996, ch. 318, § 256, effective July 15, 1996; 2002, ch. 130, § 15, effective July 15, 2002; 2006, ch. 175, § 3, effective July 12, 2006.

NOTES TO DECISIONS

Cited:

Oliver v. Kentucky Bd. of Medical Licensure, 898 S.W.2d 531, 1995 Ky. App. LEXIS 103 (Ky. Ct. App. 1995).

311.593. Judicial review of orders of board.

  1. Except for final orders denying an application or reregistration for licensure or emergency orders temporarily suspending, limiting, or restricting a physician’s license, all final orders of the board affecting a physician’s license shall become effective thirty (30) days after notice is given to the licensee unless otherwise agreed; however, the board may provide that a final order be effective immediately when, in the board’s opinion, based upon sufficient reasonable cause, the health, welfare, and safety of the physician’s patients or the general public would be endangered by delay.
  2. Any physician who is aggrieved by a final order of the board denying a license or rendering disciplinary action against a licensee may seek judicial review of the order by filing a petition with the Circuit Court of the county in which the board’s offices are located in accordance with KRS Chapter 13B.
  3. The court shall not award injunctive relief against the board without providing the board with the reasonable opportunity to be heard.

History. Enact. Acts 1984, ch. 251, § 6, effective July 13, 1984; 1994, ch. 190, § 8, effective July 15, 1994; 1996, ch. 318, § 257, effective July 15, 1996.

NOTES TO DECISIONS

1.Reinstatement Applications.

KRS 311.607 , which permits a licensee whose license was revoked to apply for a license two years after revocation, read in conjunction with KRS 311.593(2), which provides for judicial review of Kentucky Board of Medical Licensure orders denying licenses, permitted review of the doctor’s application for reinstatement of the doctor’s license; the judicial review afforded by KRS 311.593(2) was not limited to orders that denied an initial application for a license, and the doctor complied with all aspects of that statute. Shamaeizadeh v. Ky. Bd. of Med. Licensure, 2006 Ky. App. LEXIS 20 (Ky. Ct. App., sub. op., 2006 Ky. App. Unpub. LEXIS 1229 (Ky. Ct. App. Jan. 27, 2006).

Where the Kentucky Board of Medical Licensure denied the doctor’s application for reinstatement of the doctor’s license to practice medicine, the Board’s order was a final order under KRS 311.593(2), since there was no remedial relief under Ky. R. Civ. P. 60.02, only a decision whether or not to reinstate the license under KRS 311.607 . Shamaeizadeh v. Ky. Bd. of Med. Licensure, 2006 Ky. App. LEXIS 20 (Ky. Ct. App., sub. op., 2006 Ky. App. Unpub. LEXIS 1229 (Ky. Ct. App. Jan. 27, 2006).

Cited:

Gallien v. Ky. Bd. of Med. Licensure, 336 S.W.3d 924, 2011 Ky. App. LEXIS 54 (Ky. Ct. App. 2011).

311.594. Probation or indefinite restriction or limitation— Inquiry relating to violation — Motion to revoke probation or indefinite restriction or limitation — Hearing — Order.

  1. When a hearing panel imposes discipline in a final order pursuant to KRS 13B.120 and 311.591(7), the panel may fix the appropriate sanction for the violation, but withhold imposition of the sanction under an order of probation for a period of not more than five (5) years, or under an order of indefinite restriction or limitation, with the requirement that the physician fully comply with the terms and conditions specified by the panel as necessary for the protection of the public and rehabilitation of the physician’s practice.
  2. If the board receives information that a licensee has violated a term or condition of an order of probation, or an order of indefinite restriction or limitation, issued under subsection (1) of this section during the effective period of that order, the board shall investigate the allegations as necessary. The board shall have all of the powers outlined in KRS 311.591(2) and 311.605(2) to conduct its investigation.
  3. Upon completion of its inquiry relating to a violation of probation, the hearing panel shall make a finding that:
    1. The investigation does not disclose a violation of the order of probation or the order of indefinite restriction or limitation;
    2. The investigation discloses a violation of a term or condition of the order of probation or the order of indefinite restriction or limitation but that revocation of probation or the order of indefinite restriction or limitation and imposition of the previously fixed sanction may not be necessary for protection of the public, and the panel may admonish or issue a letter of concern to the physician stating its findings and cautioning that another violation shall result in revocation of probation or the order of indefinite restriction or limitation and imposition of the previously fixed sanction; or
    3. The investigation discloses one (1) or more violations of the terms and conditions of the order of probation or the order of indefinite restriction or limitation, and the panel shall cause a motion to revoke probation or a motion to revoke the order of indefinite restriction or limitation, to be prepared and signed by the presiding officer. The motion shall identify the term or condition violated and include a general statement of the nature of the violation and shall set a date and time for a revocation hearing.
  4. The hearing panel shall cause the motion to revoke probation or the motion to revoke the indefinite restriction or limitation, to be served on the physician by personal delivery or by certified mail to the last address on record with the board for the physician or the physician’s representative.
  5. The hearing on the motion to revoke probation or the motion to revoke the order of indefinite restriction or limitation shall be conducted in accordance with KRS Chapter 13B, but the single issue to be decided shall be whether the physician has violated a term or condition of the order of probation or the order of indefinite restriction or limitation. Any recommended order issued under KRS 13B.110 shall be limited to recommended findings of fact and recommended conclusions of law.
  6. Upon completion of the hearing on the motion to revoke probation or the motion to revoke the indefinite restriction or limitation, the hearing panel shall issue an order that:
    1. Denies the motion upon a conclusion that the order of probation has not been violated;
    2. Finds a violation of the order of probation or the order of indefinite restriction or limitation but does not impose the previously fixed sanction and the panel may:
      1. Modify the terms and conditions of probation or the indefinite restriction or limitation to address issues presented during the hearing; or
      2. Admonish the physician or issue a letter of concern to the physician; or
    3. Imposes the previously fixed sanction.

History. Enact. Acts 2002, ch. 130, § 14, effective July 15, 2002; 2006, ch. 175, § 4, effective July 12, 2006.

311.595. Denial, probation, suspension, or revocation of licenses.

If the power has not been transferred by statute to some other board, commission, or agency of this state, the board may deny an application or reregistration for a license; place a licensee on probation for a period not to exceed five (5) years; suspend a license for a period not to exceed five (5) years; limit or restrict a license for an indefinite period; or revoke any license heretofore or hereafter issued by the board, upon proof that the licensee has:

  1. Knowingly made or presented, or caused to be made or presented, any false, fraudulent, or forged statement, writing, certificate, diploma, or other thing, in connection with an application for a license or permit;
  2. Practiced, or aided or abetted in the practice of fraud, forgery, deception, collusion, or conspiracy in connection with an examination for a license;
  3. Committed, procured, or aided in the procurement of an unlawful abortion, including a partial-birth abortion or an abortion in violation of KRS 311.731 ;
  4. Entered a guilty or nolo contendere plea, or been convicted, by any court within or without the Commonwealth of Kentucky of a crime as defined in KRS 335B.010 , if in accordance with KRS Chapter 335B;
  5. Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient, or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310 , or been found by the board to have had sexual contact as defined in KRS 510.010(7) with a patient while the patient was under the care of the physician;
  6. Become addicted to a controlled substance;
  7. Become a chronic or persistent alcoholic;
  8. Been unable or is unable to practice medicine according to acceptable and prevailing standards of care by reason of mental or physical illness or other condition including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of medicine;
  9. Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof;
  10. Knowingly made, or caused to be made, or aided or abetted in the making of, a false statement in any document executed in connection with the practice of his profession;
  11. Employed, as a practitioner of medicine or osteopathy in the practice of his profession in this state, any person not duly licensed or otherwise aided, assisted, or abetted the unlawful practice of medicine or osteopathy or any other healing art;
  12. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate any provision or term of any medical practice act, including but not limited to the code of conduct promulgated by the board under KRS 311.601 or any other valid regulation of the board;
  13. Violated any agreed order, letter of agreement, final order, or emergency order issued by the board;
  14. Engaged in or attempted to engage in the practice of medicine or osteopathy under a false or assumed name, or impersonated another practitioner of a like, similar, or different name;
  15. Obtained a fee or other thing of value on the fraudulent representation that a manifestly incurable condition could be cured;
  16. Willfully violated a confidential communication;
  17. Had his license to practice medicine or osteopathy in any other state, territory, or foreign nation revoked, suspended, restricted, or limited or has been subjected to other disciplinary action by the licensing authority thereof. This subsection shall not require relitigation of the disciplinary action;
  18. Failed or refused, without legal justification, to practice medicine in a rural area of this state in violation of a valid medical scholarship loan contract with the trustees of the rural Kentucky medical scholarship fund;
  19. Given or received, directly or indirectly, from any person, firm, or corporation, any fee, commission, rebate, or other form of compensation for sending, referring, or otherwise inducing a person to communicate with a person licensed under KRS 311.530 to 311.620 in his professional capacity or for any professional services not actually and personally rendered; provided, however, that nothing contained in this subsection shall prohibit persons holding valid and current licenses under KRS 311.530 to 311.620 from practicing medicine in partnership or association or in a professional service corporation authorized by KRS Chapter 274, as now or hereinafter amended, or from pooling, sharing, dividing, or apportioning the fees and moneys received by them or by the partnership, corporation, or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. Nothing contained in this subsection shall abrogate the right of two (2) or more persons holding valid and current licenses under KRS 311.530 to 311.620 to receive adequate compensation for concurrently rendering professional care to a single patient and divide a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each;
  20. Been removed, suspended, expelled, or disciplined by any professional medical association or society when the action was based upon what the association or society found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provision of KRS Chapter 311. This subsection shall not require relitigation of the disciplinary action;
  21. Been disciplined by a licensed hospital or medical staff of the hospital, including removal, suspension, limitation of hospital privileges, failing to renew privileges for cause, resignation of privileges under pressure or investigation, or other disciplinary action if the action was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provisions of KRS Chapter 311. This subsection shall not require relitigation of the disciplinary action;
  22. Failed to comply with the requirements of KRS 213.101 , 311.782 , or 311.783 or failed to submit to the Vital Statistics Branch in accordance with a court order a complete report as described in KRS 213.101 ;
  23. Failed to comply with any of the requirements regarding making or maintaining medical records or documents described in KRS 311.7704 or 311.7707 ;
  24. Failed to comply with the requirements of KRS 311.7705 or 311.7706
  25. Been convicted of female genital mutilation under KRS 508.125 , which shall result in mandatory revocation of a license; or
  26. As provided in subsection (2) of Section 4 of this Act, been convicted of a violation of subsection (2) of Section 3 of this Act.

History. Enact. Acts 1952, ch. 150, § 11; 1972, ch. 218, § 12; 1974, ch. 308, § 53; 1976, ch. 62, § 114; 1978, ch. 107, § 4, effective June 17, 1978; 1980, ch. 188, § 253, effective July 15, 1980; 1990, ch. 495, § 14, effective January 1, 1991; 1994, ch. 190, § 9, effective July 15, 1994; 1994, ch. 265, § 5, effective July 15, 1994; 1994, ch. 470, § 5, effective July 15, 1994; 1998, ch. 578, § 3, effective July 15, 1998; 2002, ch. 130, § 16, effective July 15, 2002; 2006, ch. 182, § 58, effective July 12, 2006; 2017 ch. 5, § 7, effective January 9, 2017; 2017 ch. 158, § 49, effective June 29, 2017; 2019 ch. 20, § 12, effective March 15, 2019; 2019 ch. 37, § 2, effective March 19, 2019; 2020 ch. 74, § 4, effective April 2, 2020; 2021 ch. 1, § 8, effective January 22, 2021.

Legislative Research Commission Notes.

(3/19/2019). 2019 Ky. Acts ch. 37, sec. 8, provides that 2019 Ky. Acts ch. 37 may be cited as the “Human Rights of the Unborn Child and Anti-Discrimination Act.” This statute was amended in Section 2 of that Act.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last. 1994 Ky. Acts ch. 190, sec. 9 is not in conflict with these two Acts and has been codified together with them.

NOTES TO DECISIONS

1.Dishonorable, Unethical or Unprofessional Conduct.

The Board of Medical Licensure properly ordered the hearing officer to listen to the trial tapes of the criminal conviction of the physician of four (4) counts of unlawful transaction with a minor, in violation of KRS 530.070 , to determine the nature of the physician’s conduct upon which the conviction was based, and the board properly ruled that the physician’s misconduct constituted a violation of subdivision (8) (now subdivision (9)) of this section and revoked his license; the physician had no right to a “full-blown” hearing since neither party to the proceeding could relitigate the evidence on the tapes. Kentucky State Bd. of Medical Licensure v. Ghali, 721 S.W.2d 731, 1986 Ky. App. LEXIS 1490 (Ky. Ct. App. 1986).

2.Disciplinary Action.

Kentucky Board of Medical Licensure’s total disciplinary action against doctor amounted to 16 months’ suspension and 54 months’ (41/2 years’) conditional probation and the plain language of the statute does not allow such piling on; therefore the board exceeded its statutory powers as suspensions and probations are not to exceed five (5) years. Oliver v. Kentucky Bd. of Medical Licensure, 898 S.W.2d 531, 1995 Ky. App. LEXIS 103 (Ky. Ct. App. 1995).

Fact that a given act may be the basis of a criminal charge does not bar the Kentucky Board of Medical Licensure from also disciplining a physician for that act. Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004).

In a case where a physician alleged that his administrative due process rights had been violated in relation to the termination of staff privileges, a hospital did not expressly or implicitly function as a state agency; therefore, the hospital's internal disciplinary proceedings were not subject to the requirements of the administrative hearings chapter. Sara v. St. Joseph Healthcare Sys., 480 S.W.3d 286, 2015 Ky. App. LEXIS 176 (Ky. Ct. App. 2015).

Physician’s discipline based on the suspension of the physician’s license in another state was improper because the regulation applied by the Kentucky Board of Medical Licensure (KBML) invalidly exceeded the KBML’s statutory authority, as the regulation required the KBML to impose the same discipline as that imposed by another state, while the statute granted the KBML discretion to determine the appropriate sanction. Uradu v. Ky. Bd. of Med. Licensure, 2019 Ky. App. LEXIS 24 (Ky. Ct. App. Feb. 22, 2019), review denied, ordered not published, 2019 Ky. LEXIS 275 (Ky. Aug. 21, 2019).

201 Ky. Admin. Regs. 9:081, § 9(4)(c) invalidly exceeds the grant of authority set forth in Ky. Rev. Stat. Ann. § 311.595(17) in that the regulation requires the Kentucky Board of Medical Licensure (KBML) to mandatorily impose the same substantive sanction imposed in another state, while the statutory language is permissive and therefore grants discretion to KBML. Uradu v. Ky. Bd. of Med. Licensure, 2019 Ky. App. LEXIS 24 (Ky. Ct. App. Feb. 22, 2019), review denied, ordered not published, 2019 Ky. LEXIS 275 (Ky. Aug. 21, 2019).
3.Other Disciplinary Action.

Evidence that physician was interviewed in New York investigation concerning the death of a friend and voluntarily surrendered his New York license where he agreed not to contest charges of misconduct but did not disclose such action on his annual renewal form for renewal of his Kentucky license, was sufficient to revoke his Kentucky medical license under subsection (17) of this section. Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

Physician’s voluntary surrender of his New York license where he agreed not to contest charges of misconduct constituted “other disciplinary action” by a state licensing authority under subsection (17) of KRS 311.595 and was basis for revocation of his license. Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

4.Revocation of License.

Where there had been a New York investigation of physician regarding an improper prescription issued to physician’s friend who died of an overdose, and physician failed to note this investigation on his annual license renewal form, such was sufficient to find that he had made a false statement on the renewal form, as required to revoke his license. Urella v. Kentucky Bd. of Medical Licensure, 939 S.W.2d 869, 1997 Ky. LEXIS 23 ( Ky. 1997 ).

Preponderance of the evidence supported revocation of a doctor’s medical license where it showed that the doctor repeatedly violated the standard of care for performing fluoroscopies, that the doctor had submitted two (2) forged recommendation letters to a potential employer, and that the doctor had engaged in fraudulent billing practices. Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004).

5.False Statements.

The plain meaning of KRS 311.595(10) encompasses a broader range of activity than simply diagnosis, treatment, and correction of illnesses. Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004).

6.Reports to Cabinet.

Summary judgment for a health system employer in an employee’s wrongful discharge claim was error because based upon all of the evidence, a jury reasonably could have inferred that the employee’s involvement in reporting billing irregularities, in violation of KRS 205.8465 , and her involvement in reporting the inebriated treating physician issue to the investigator, in compliance with KRS 311.990(6), were substantial and motivating factors but for which the employee would not have been discharged. Follett v. Gateway Reg'l Health Sys., 229 S.W.3d 925, 2007 Ky. App. LEXIS 227 (Ky. Ct. App. 2007).

Opinions of Attorney General.

Subsection (h) (now subdivision (18)) of this section is sufficient authority to suspend or revoke the license of a physician who accepts a grant under KRS 211.290 (now repealed) but subsequently repudiates his obligation to engage in the practice of medicine for a specified period in a designated rural area. OAG 70-291 .

A physician engaged by a prospective employer to conduct a pre-employment medical examination does not violate the prohibition against disclosure of confidential communications in subdivision (o) (now subdivision (16)) of this section when he reports the results of his examination to the prospective employer and when the prospective employee is aware of the purposes of the examination. OAG 78-288 .

In enacting subdivision (o) (now subdivision (16)) of this section, the Legislature clearly intended to repeal the common-law rule. OAG 78-288 .

Since ordinances banning pain clinics are not the subject of an express power granted to local governmental units by the General Assembly, and infringe upon the legislative policy embodied in statutes regulating the practice of medicine and distribution of controlled substances, such ordinances are beyond the legitimate authority of a unit of local government. OAG 11-003 , 2011 Ky. AG LEXIS 54.

Research References and Practice Aids

Cross-References.

Advertising or soliciting by practitioner of healing arts, criminal penalties and exceptions, KRS 438.065 .

311.596. Proceedings for probation, suspension, limitation, restriction or revocation of a license — Hearing — Declaratory judgment — Appeal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 107, § 5, effective June 17, 1978) was repealed by Acts 1984, ch. 251, § 11, effective July 13, 1984.

311.597. Acts declared to constitute dishonorable, unethical, or unprofessional conduct.

As used in KRS 311.595(9), “dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof” shall include but not be limited to the following acts by a licensee:

  1. Prescribes or dispenses any medication:
    1. With the intent or knowledge that a medication will be used or is likely to be used other than medicinally or for an accepted therapeutic purpose;
    2. With the intent to evade any law with respect to sale, use, or disposition of the medication;
    3. For the licensee’s personal use or for the use of his immediate family when the licensee knows or has reason to know that an abuse of a controlled substance is occurring, or may result from such a practice;
    4. In such amounts that the licensee knows or has reason to know, under the attendant circumstances, that said amounts so prescribed or dispensed are excessive under accepted and prevailing medical practice standards; or
    5. In response to any communication transmitted or received by computer or other electronic means, when the licensee fails to take the following actions to establish and maintain a proper physician-patient relationship:
      1. Verification that the person requesting medication is in fact who the patient claims to be;
      2. Establishment of a documented diagnosis through the use of accepted medical practices; and
      3. Maintenance of a current medical record.

        For the purposes of this paragraph, an electronic, on-line, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient or for any follow-up evaluation.

  2. Issues, publishes, or makes oral or written representations in which grossly improbable or extravagant statements are made which have a tendency to deceive or defraud the public, or a member thereof, including but not limited to:
    1. Any representation in which the licensee claims that he can cure or treat diseases, ailments, or infirmities by any method, procedure, treatment, or medicine which the licensee knows or has reason to know has little or no therapeutic value;
    2. Represents or professes or holds himself out as being able and willing to treat diseases, ailments, or infirmities under a system or school of practice:
      1. Other than that for which he holds a certificate or license granted by the board, or
      2. Other than that for which he holds a degree or diploma from a school otherwise recognized as accredited by the board, or
      3. Under a school or system which he professes to be self-taught.

        For purposes of this subsection, actual injury to a patient need not be established.

  3. A serious act, or a pattern of acts committed during the course of his medical practice which, under the attendant circumstances, would be deemed to be gross incompetence, gross ignorance, gross negligence, or malpractice.
  4. Conduct which is calculated or has the effect of bringing the medical profession into disrepute, including but not limited to any departure from, or failure to conform to the standards of acceptable and prevailing medical practice within the Commonwealth of Kentucky, and any departure from, or failure to conform to the principles of medical ethics of the American Medical Association or the code of ethics of the American Osteopathic Association. For the purposes of this subsection, actual injury to a patient need not be established.
  5. Failure by a licensee to report a known or observed violation of KRS Chapter 311 by another licensee as described in KRS 311.606 .
  6. Violation by a licensee of KRS 304.39-215 .
  7. Conduct by a licensee that is subject to the penalties under KRS 304.99-060 (4) or (5).

History. Enact. Acts 1978, ch. 107, § 6, effective June 17, 1978; 1980, ch. 188, § 254, effective July 15, 1980; 1992, ch. 441, § 24, effective July 14, 1992; 1994, ch. 190, § 10, effective July 15, 1994; 1994, ch. 265, § 13, effective July 15, 1994; 1994, ch. 470, § 13, effective July 15, 1994; 2002, ch. 130, § 17, effective July 15, 2002; 2019 ch. 143, § 7, effective June 27, 2019.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last. 1994 Ky. Acts ch. 190, sec. 10 is not in conflict with these two Acts and has been codified together with them.

NOTES TO DECISIONS

1.Rules of Evidence.

The Board of Medical Licensure is not required to follow strict procedures and rules of evidence in gathering evidence needed to help it reach a decision. Kentucky State Bd. of Medical Licensure v. Ghali, 721 S.W.2d 731, 1986 Ky. App. LEXIS 1490 (Ky. Ct. App. 1986).

Cited:

Oliver v. Kentucky Bd. of Medical Licensure, 898 S.W.2d 531, 1995 Ky. App. LEXIS 103 (Ky. Ct. App. 1995); Parrish v. Ky. Bd. of Med. Licensure, 145 S.W.3d 401, 2004 Ky. App. LEXIS 54 (Ky. Ct. App. 2004), rehearing denied, 2004 Ky. App. LEXIS 183 (Ky. Ct. App. 2004).

Opinions of Attorney General.

Since ordinances banning pain clinics are not the subject of an express power granted to local governmental units by the General Assembly, and infringe upon the legislative policy embodied in statutes regulating the practice of medicine and distribution of controlled substances, such ordinances are beyond the legitimate authority of a unit of local government. OAG 11-003 , 2011 Ky. AG LEXIS 54.

Research References and Practice Aids

Kentucky Law Journal.

Smith, Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other, 75 Ky. L.J. 473 (1986-87).

311.5975. Duty of treating physician utilizing telehealth to insure patient’s informed consent and maintain confidentiality — Board to promulgate administrative regulations.

  1. A treating physician who provides or facilitates the use of telehealth shall ensure:
    1. That the informed consent of the patient, or another appropriate person with authority to make the health care treatment decision for the patient, is obtained before services are provided through telehealth; and
    2. That the confidentiality of the patient’s medical information is maintained as required by this chapter and other applicable law. At a minimum, confidentiality shall be maintained through appropriate processes, practices, and technology as designated by the board and that conform to applicable federal law.
  2. The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and as necessary to:
    1. Prevent abuse and fraud through the use of telehealth services;
    2. Prevent fee-splitting through the use of telehealth services; and
    3. Utilize telehealth in the provision of medical services and in the provision of continuing medical education.

History. Enact. Acts 2000, ch. 376, § 9, effective July 14, 2000.

311.598. Temporary suspension, limitation or restriction upon a license — Hearing — Judicial review. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 107, § 7, effective June 17, 1978) was repealed by Acts 1984, ch. 251, § 11, effective July 13, 1984.

311.599. Mental or physical examination of physician — Effect of failure to submit to examination — Opportunity to have license renewed.

  1. When a hearing or inquiry panel has probable cause to believe a physician is suffering from a physical or mental condition that might impede his ability to practice competently, the panel may order the physician to undergo a physical or mental examination by persons designated by the panel.
  2. Failure of a physician to submit to such an examination when directed, unless the failure was due to circumstances beyond his control, shall constitute an admission that the concerned physician has developed such a physical or mental disability, or other conditions, that continued practice is dangerous to patients or to the public; said failure shall constitute a default and a final order may be entered without the taking of testimony or presentation of evidence.
  3. A physician whose license has been suspended, limited, restricted or revoked under this section and KRS 311.595(8), shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume the competent practice of medicine with reasonable skill and safety to patients.

History. Enact. Acts 1978, ch. 107, § 8, effective June 17, 1978; 1980, ch. 188, § 255, effective July 15, 1980; 1986, ch. 302, § 11, effective July 15, 1986; 1994, ch. 265, § 14, effective July 15, 1994; 1994, ch. 470, § 14, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last.

311.600. Adoption and filing of rules and regulations — Amendments — Compilation and distribution of medical practice laws and regulations — Notice — Review by declaratory judgment — Appeal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 150, § 12; 1966, ch. 239, § 209) was repealed by Acts 1972, ch. 218, § 13(2), effective September 1, 1972.

311.601. Adoption of administrative regulations — Continuing education requirements.

  1. The board may adopt reasonable rules and regulations to effectuate and implement the provisions of KRS 311.550 to 311.620 , including but not limited to regulations designed to ensure the continuing professional competency of present and future licensees. As an adjunct to the power conferred upon the board by this section, the board may require licensees to submit to interrogation as to the nature and extent of their postgraduate medical education and to require licensees found to be deficient in their efforts to keep abreast of new methods and technology, to obtain additional instruction and training therein.
  2. As part of the continuing medical education which the board adopts to ensure continuing professional competency of present and future licensees, the board shall ensure that:
    1. Current practicing pediatricians, including those certified in medicine and pediatrics, radiologists, family practitioners, and those physicians practicing in an emergency medicine or urgent care setting, demonstrate completion of a one (1) time course of at least one (1) hour of continuing medical education approved by the board and covering the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020 , prior to December 31, 2017; and
    2. Future practicing pediatricians, including those certified in medicine and pediatrics, radiologists, family practitioners, and those physicians who will practice in an emergency medicine or urgent care setting, demonstrate completion of a one (1) time course of at least one (1) hour of continuing medical education, or its equivalent, approved by the board and covering the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020 , within five (5) years of licensure.

HISTORY: Enact. Acts 1972, ch. 218, § 13(1); 1990, ch. 443, § 5, effective July 13, 1990; 2001, ch. 61, § 5, effective June 21, 2001; 2014, ch. 6, § 1, effective July 15, 2014; 2015 ch. 113, § 5, effective June 24, 2015.

311.602. Request to board for opinion on actions which might constitute unacceptable conduct.

  1. In order to assist a licensee in determining what actions would constitute unacceptable conduct under the provisions of KRS 311.595 , the licensee may request an opinion of the board by written request submitted to the secretary; the board may, in its discretion, cause a written response to be made to each requesting licensee if the request addresses an issue of such public or medical interest that the board’s opinion on the subject is deemed desirable.
  2. In formulating a response to a request, the board may request an opinion from any concerned medical or osteopathic professional association or society; however, the board shall not be bound by the supplemental opinion.
  3. The board shall keep a permanent record of all the requests made and the response thereto; further, the board may publish its opinions.

History. Enact. Acts 1978, ch. 107, § 9, effective June 17, 1978; 1990, ch. 495, § 15, effective January 1, 1991.

311.603. Immunity for official acts.

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against the board, any current or former member, officer, administrator, staff member, committee member, representative, agent, consultant, or employee of the board, either as a part of the board’s operation or as an individual, as the result of any act, omission, proceeding, conduct, or decision related to his official duties undertaken or performed within the scope of the function of the board, except where actual malice is shown or willful misconduct is involved.

History. Enact. Acts 1972, ch. 218, § 14; 1990, ch. 495, § 16, effective January 1, 1991; 1994, ch. 190, § 11, effective July 15, 1994; 1998, ch. 202, § 1, effective July 15, 1998.

NOTES TO DECISIONS

1.42 U.S.C.S. § 1983.

Kentucky Board of Medical Licensure (KBML) could not be held liable under 42 U.S.C.S. § 1983 because (1) state agencies were not “persons” that could be held liable for damages under that statute, and (2) KBML's potential liability for actual malice or willful misconduct did not change this federal definition. Sangster v. Ky. Bd. of Med. Licensure, 454 S.W.3d 854, 2014 Ky. App. LEXIS 193 (Ky. Ct. App. 2014).

Members of the Kentucky Board of Medical Licensure (KBML) could not be held individually liable under 42 U.S.C.S. § 1983 because (1) Ky. Rev. Stat. Ann. § 311.603 created no federal liability, and (2) the members were entitled to absolute quasi-judicial immunity, as KBML's authorizing legislation and procedures protected policy interests, KBML was akin to judges or prosecutors, vexatious lawsuits were possible, a physician's constitutional rights were protected, and claims of bad faith, an incorrect decision, exceeding authority, or grave procedural errors did not vitiate immunity. Sangster v. Ky. Bd. of Med. Licensure, 454 S.W.3d 854, 2014 Ky. App. LEXIS 193 (Ky. Ct. App. 2014).

311.604. Clinical competency examination and skills assessment program — Demonstration of competency to resume practice.

  1. When a hearing or inquiry panel receives information that a physician has not been engaged in the active practice of medicine for at least two (2) years, the panel may order the physician to successfully complete a board-approved clinical competency examination or a board-approved clinical skills assessment program at the expense of the physician. The panel shall review the results of the examination or assessment and determine whether the physician may resume the practice of medicine without undue risk or danger to patients or the public.
  2. Failure of a physician to successfully complete the clinical competency examination or the clinical skills assessment when directed shall constitute an admission that the physician is unable to practice medicine according to accepted and prevailing standards, unless the failure was due to circumstances beyond the control of the physician. The failure shall constitute a default and a final order may be entered without additional testimony or without presentation of additional evidence.
  3. A physician whose license has been suspended, limited, restricted, or revoked under this section or KRS 311.595(8) shall be afforded an opportunity at reasonable intervals to demonstrate that he or she has the competency and skill to resume the practice of medicine.

History. Enact. Acts 2002, ch. 130, § 18, effective July 15, 2002.

311.605. Reports of violations — Enforcement powers of agents of board — Injunctions.

  1. The county boards of health shall report to the board and to the county and Commonwealth’s attorneys of their respective counties all violations of KRS 311.550 to 311.620 and shall assist in the enforcement thereof.
    1. For the purpose of enforcing the provisions of KRS 311.550 to 311.620 , agents of the board shall have the power and authority: (2) (a) For the purpose of enforcing the provisions of KRS 311.550 to 311.620 , agents of the board shall have the power and authority:
      1. To administer oaths;
      2. To enter upon professional premises during periods when those premises are otherwise open to patients or the public;
      3. To obtain evidence, including but not limited to psychiatric or nonpsychiatric records, by consent or pursuant to a subpoena or search warrant;
      4. To interview all persons; and
      5. To require the production of books, papers, documents, or other evidence, either by consent or pursuant to a subpoena or search warrant.
    2. The term “premises” as used in this subsection shall mean physician offices, or a physician’s primary place of practice, and all pharmacies and health care facilities licensed or regulated by the Commonwealth. Agents of the board may only require pharmacies to produce prescription records and health care facilities to produce records of patients or physician peer reviews. Such inspection or seizure of peer review records shall not affect the confidential nature of those records as provided in KRS 311.377 , and the board shall maintain such peer review records so as to protect the confidentiality thereof.
  2. The board may institute, in its own name, proceedings to temporarily or permanently restrain and enjoin the practice of medicine by:
    1. An individual who is not licensed to practice medicine or who is not involved in conduct specifically exempted from the requirements of this chapter by KRS 311.550(11); or
    2. An individual who was previously licensed by the board to practice medicine but is currently practicing medicine in violation of an emergency order of restriction or suspension, regardless of whether the respondent has been convicted for violation of the penal provisions thereof.
  3. A petition for injunction filed under subsection (3) of this section may be filed in Jefferson Circuit Court, in the county of residence of the respondent, or in the county in which the acts are alleged to have been committed, and the board shall not be required to pay any costs or filing fees or furnish any bond in connection therewith.
    1. In the petition it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of medicine in violation of subsection (3)(a) or (b) of this section. No showing of damage or injury shall be required.
    2. Issuance of an injunction shall enjoin any act specified under subsection (3)(a) or (b) of this section and shall remain in place as long as necessary to prevent the unlawful practice of medicine.
    3. Issuance of an injunction shall not relieve the respondent from being subject to any other proceeding under law provided by this chapter or otherwise.
    4. Violation of injunctions and restraining orders shall be punished as a contempt without the intervention of a jury.

History. Enact. Acts 1952, ch. 150, § 13; 1972, ch. 218, § 15; 1986, ch. 302, § 12, effective July 15, 1986; 1988, ch. 224, § 23, effective July 15, 1988; 1994, ch. 190, § 12, effective July 15, 1994; 2002, ch. 130, § 19, effective July 15, 2002; 2006, ch. 175, § 5, effective July 12, 2006.

NOTES TO DECISIONS

1.Due Process.

Board’s decision to place ophthalmologist’s license on “monitor status” without complaint or hearing violated his statutory rights under this section and KRS 311.591 as well as his rights under the due process clause of the United States Constitution; the constitutional violation could be a proper basis for a civil rights action under 42 USCS §§ 1983 and 1988. Dawson v. Birenbaum, 968 S.W.2d 663, 1998 Ky. LEXIS 56 ( Ky. 1998 ).

Opinions of Attorney General.

Neither subsection (5) of KRS 218A.230 nor subsection (2) of this section empowers the investigators of the Board of Medical Licensure to inspect pharmacies or pharmacy records. OAG 86-13 .

Records or evidence seized under subsections (2) and (3) of KRS 218A.240 and subsection (2) of this section respectively by agents of the Cabinet for Human Resources and agents from the Office of the Attorney General from any place where drugs are legally kept, records or evidence seized by pharmacy inspectors from pharmacies, and records or evidence seized by investigators of the Board of Medical Licensure from licensed premises may be shared with the police, even though the police do not have sufficient cause to seize the items themselves. OAG 86-13 .

311.606. Medical association, hospital, or its medical staff to report actions taken against licensed physicians — Violations to be reported by physicians — Reports by court clerks.

  1. In order to assist the board in the enforcement of KRS 311.595(20) and (21), any professional medical association or society operating in the Commonwealth of Kentucky, or any hospital or medical staff of said hospital located in the Commonwealth of Kentucky, shall report all actions taken against a licensed physician as described in KRS 311.595(20) and (21) to the board within thirty (30) days of the final adjudication of said action together with all pertinent documents to include but not limited to transcripts, pleadings and certified copy of the final order.
  2. In order to assist the board in the enforcement of the provisions of KRS Chapter 311, any licensed physician who observes another licensed physician violating a provision of KRS Chapter 311 shall submit a written report to the board, or to the board and the concerned medical association or society, or to the board and the concerned hospital or medical staff of the hospital within ten (10) days of observing such a violation or obtaining other direct knowledge of such a violation; the report shall contain the name of the licensed physician believed to be in violation of a provision of KRS Chapter 311, a detailed account of the concerned actions, a list of all other witnesses to said actions, and the name of the physician submitting the report.
  3. All clerks of the Circuit and District Courts in the Commonwealth of Kentucky shall report to the secretary of the board all criminal convictions of licensees that may occur in their respective courts. The report shall contain the name of the licensee, the sentence imposed against the licensee, and whether the sentence imposed upon the licensee has been appealed.

History. Enact. Acts 1978, ch. 107, § 10, effective June 17, 1978; 1980, ch. 188, § 256, effective July 15, 1980; 1994, ch. 265, § 15, effective July 15, 1994; 1994, ch. 470, § 15, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last.

NOTES TO DECISIONS

1.Relation to Other Laws.

In a case where a physician alleged that his administrative due process rights had been violated in relation to the termination of staff privileges, a hospital did not expressly or implicitly function as a state agency; therefore, the hospital's internal disciplinary proceedings were not subject to the requirements of this chapter. Sara v. St. Joseph Healthcare Sys., 480 S.W.3d 286, 2015 Ky. App. LEXIS 176 (Ky. Ct. App. 2015).

311.607. Petition for new license two years after revocation — Probation period.

  1. Except for disciplinary actions taken pursuant to KRS 311.595(8) and KRS 311.599 , a licensee who has had his license revoked may, after two (2) years from the effective date of the revocation order, petition the board for a license to again practice in the Commonwealth of Kentucky.
  2. The board shall not be required to issue a new license as described in subsection (1). No new license shall be issued to such former licensee unless the applicant satisfies the board that he is presently of good moral character and qualified both physically and mentally to resume the practice of medicine without undue risk or danger to his patients or the public.
  3. In the event that the board should issue a new license under the circumstances as described in this section, the new license shall be under probation for a period of not less than two (2) years nor more than five (5) years, and any subsequent violation during the probation period shall result in automatic revocation of license.

History. Enact. Acts 1978, ch. 107, § 11, effective June 17, 1978; 1980, ch. 188, § 308, effective July 15, 1980; 1994, ch. 265, § 16, effective July 15, 1994; 1994, ch. 470, § 16, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last.

NOTES TO UNPUBLISHED DECISIONS

1.Judicial Review.

KRS 311.607 , which permits a licensee whose license was revoked to apply for a license two (2) years after revocation, read in conjunction with KRS 311.593(2), which provides for judicial review of Kentucky Board of Medical Licensure orders denying licenses, permitted review of the doctor’s application for reinstatement of the doctor’s license; the judicial review afforded by KRS 311.593(2) was not limited to orders that denied an initial application for a license, and the doctor complied with all aspects of that statute. Shamaeizadeh v. Ky. Bd. of Med. Licensure, 2006 Ky. App. LEXIS 20 (Ky. Ct. App., sub. op., 2006 Ky. App. Unpub. LEXIS 1229 (Ky. Ct. App. Jan. 27, 2006).

Where the Kentucky Board of Medical Licensure denied the doctor’s application for reinstatement of the doctor’s license to practice medicine, the Board’s order was a final order under KRS 311.593(2), since there was no remedial relief under CR 60.02, only a decision whether or not to reinstate the license under KRS 311.607 . Shamaeizadeh v. Ky. Bd. of Med. Licensure, 2006 Ky. App. LEXIS 20 (Ky. Ct. App., sub. op., 2006 Ky. App. Unpub. LEXIS 1229 (Ky. Ct. App. Jan. 27, 2006).

Where the doctor’s application for reinstatement of the doctor’s license to practice medicine, which complied with KRS 311.607 , was denied by the Kentucky Board of Medical Licensure, the doctor was entitled to review under Ky. Const., § 2, regardless of whether there was a statutory procedure established for that purpose. Shamaeizadeh v. Ky. Bd. of Med. Licensure, 2006 Ky. App. LEXIS 20 (Ky. Ct. App., sub. op., 2006 Ky. App. Unpub. LEXIS 1229 (Ky. Ct. App. Jan. 27, 2006).

Trial court properly denied the doctor’s motion to set aside the dismissal of his petition for judicial review of an order from the Kentucky Board of Medical Licensure suspending and indefinitely restricting his license because although the Board misrepresented to the doctor its ability to reinstate his license with restrictions under KRS 311.607 , no fraud was committed as the Board reinstated the doctor’s license on a restricted basis at the doctor’s request, and the doctor had not shown how he was harmed by the agreement to reinstate his license with restrictions. Further, the Board’s conditioning full reinstatement on the doctor’s dismissal of his petitions for review was not “illegal” and did not amount to fraud. Doyle v. Ky. Bd. of Med. Licensure, 2013 Ky. App. Unpub. LEXIS 986 (Ky. Ct. App. Apr. 5, 2013), review denied, ordered not published, 2014 Ky. LEXIS 60 (Ky. Feb. 12, 2014).

311.610. Deposit and use of fees.

All fees collected by the board under the provisions of KRS 311.550 to 311.620 , or the rules and regulations adopted pursuant thereto, shall be paid into the State Treasury and credited to a trust and agency fund to be used by the board in defraying the costs and expenses of the board in the administration of KRS 311.550 to 311.620 , including, but not limited to, salaries and necessary travel expenses. No part of this fund shall revert to the general funds of this Commonwealth.

History. Enact. Acts 1952, ch. 150, § 14, effective June 19, 1952; reen. 1972, ch. 218, § 16; 1994, ch. 87, § 3, effective July 15, 1994; 1996, ch. 348, § 3, effective July 15, 1996.

311.615. Continuation of existing licenses — Limitation of authority.

  1. All licenses heretofore issued by the board for the practice of medicine or osteopathy, or any limited school or system, are hereby declared to be valid and in full force and effect unless they have become expired, canceled, suspended or revoked in accordance with law.
  2. Nothing in KRS 311.550 to 311.620 shall be construed as hereafter conferring upon the board any authority to issue, suspend or revoke any license for the practice of dentistry, optometry, chiropractic, nursing or pharmacy.

History. Enact. Acts 1952, ch. 150, § 15, effective June 19, 1952; reen. 1972, ch. 218, § 16.

311.616. Impaired physicians program.

  1. The board may establish by contract, including with a nonprofit corporation, or otherwise the Kentucky Physician Health Foundation to promote the early identification, intervention, treatment, and rehabilitation of individuals licensed by the board who may be impaired by reason of illness, alcohol or drug abuse, or as a result of any physical or mental condition.
  2. The board may promulgate administrative regulations under the provisions of KRS Chapter 13A to implement any program formed under this section and may expend any funds necessary to provide for operational expenses of a program formed under this section.

History. Enact. Acts 1994, ch. 190, § 14, effective July 15, 1994; 2002, ch. 130, § 20, effective July 15, 2002; 2020 ch. 39, § 7, effective July 15, 2020.

311.617. Creation, support, and maintenance of committee — Authority for administrative regulations. [Repealed]

History. Enact. Acts 1994, ch. 190, § 15, effective July 15, 1994; 2004, ch. 35, § 4, effective July 13, 2004; repealed by 2020 ch. 39, § 10, effective July 15, 2020.

311.618. Committee’s immunity for official acts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 190, § 16) was repealed by Acts 2002, ch. 130, § 36, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/2002). Under KRS 446.260 , the repeal of this section in 2002 Ky. Acts ch. 130, sec. 36, prevails over its amendment in 2002 Ky. Acts ch. 130, sec. 21.

311.619. Confidentiality and privileged status of program’s records.

  1. All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the program formed under KRS 311.616 , as well as all communications to or from the program, and any findings, conclusions, interventions, treatment, or rehabilitation, or other proceedings of the program which in any way pertain or refer to an individual licensed by the board who may be, or who is actually, impaired shall be privileged and confidential.
  2. All records and proceedings of the program which pertain or refer to an individual licensed by the board who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the program and its members only in the exercise of the proper function of the program and shall not be considered public records nor shall they be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (3) of this section.
  3. The program may disclose information relative to an impaired individual licensed by the board only:
    1. When it is essential to disclose such information to further the intervention, treatment, or rehabilitation needs of the impaired individual, and then only to those persons or organizations with a need to know;
    2. When its release is authorized in writing by the impaired individual; or
    3. When the program is required to make a report to the board.
  4. The program shall report any suspected violation of KRS 311.595 to the board.

History. Enact. Acts 1994, ch. 190, § 17, effective July 15, 1994; 2002, ch. 130, § 22, effective July 15, 2002; 2020 ch. 39, § 8, effective July 15, 2020.

311.6191. Nonliability of persons who furnish information to program.

Any member of the impaired physicians program created under KRS 311.616 , as well as any administrator, staff member, consultant, agent, or employee of the program acting within the scope of his or her duties and without actual malice, and all other persons who furnish information to the program in good faith and without actual malice, shall not be liable for any claim or damages as a result of any statement, decision, opinion, investigation, or action taken by the program, or by any individual member of the program.

History. Enact. Acts 2003, ch. 116, § 1, effective March 18, 2003.

311.620. Short title.

KRS 311.550 to 311.620 may be cited as the “Kentucky Medical and Osteopathic Practice Act of 1972.”

History. Enact. Acts 1952, ch. 150, § 16; 1972, ch. 218, § 17.

311.6201. Definitions for KRS 311.6201 and 311.6202.

As used in this section and KRS 311.6202 :

  1. “Direct primary care membership agreement” means a written contractual agreement between a primary care provider and an individual patient or his or her legal guardian that:
    1. Is for an agreed-upon fee over an agreed-upon period of time;
    2. Describes the primary care services to be provided in exchange for the agreed-upon fee;
    3. States that the primary care provider shall not bill a health benefit plan or the Medicaid program on a fee-for-service basis for the primary care services provided under the agreement;
    4. Specifies automatic agreement renewal periods;
    5. Specifies any additional fees that may be charged for primary care services that are not included in the agreement;
    6. States that the patient is not required to pay more than twelve (12) months of the agreed-upon fee in advance;
    7. States that the agreed-upon fee and any additional fees may be paid by a third party;
    8. Allows either party to terminate the agreement in writing, without penalty or payment of a termination fee, after notice;
    9. Provides that, upon termination of the agreement by the patient or his or her legal guardian, all unearned fees are to be returned to the patient, his or her legal guardian, or any third-party payor; and
    10. Contains a conspicuous and prominent statement that the agreement does not constitute a health benefit plan and does not meet any individual health benefit plan mandate that may be required by federal law;
  2. “Health benefit plan” has the same meaning as in KRS 304.17A-005 ;
  3. “Primary care provider” means a physician as defined by KRS 311.550 or a physician’s medical practice that enters into a direct primary care membership agreement;
  4. “Primary care service” means the screening, assessment, diagnosis, and treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the primary care provider; and
  5. “Third party” means a legal guardian, the individual patient’s employer, a spouse’s employer, a family member of the patient, or a state-sponsored direct primary care payment program. “Third party” does not include a network designed to merely accept payment from a patient and then direct the patient to one (1) of several independently owned clinics for the delivery of care.

HISTORY: 2017 ch. 25, § 1, effective June 29, 2017.

311.6202. Receipt of primary care services under direct primary care membership agreement.

  1. Receiving primary care services under a direct primary care membership agreement shall not require a patient or his or her legal guardian to forfeit coverage under a health benefit plan.
  2. The offer or provision of primary care services under a direct primary care membership agreement shall not be deemed an offer or provision of coverage under a health benefit plan and shall not be regulated under KRS Chapter 304.
  3. A primary care provider shall not be required to obtain a license to market, sell, or offer to sell a direct primary care membership agreement.
  4. All services provided pursuant to this section shall be consistent with this chapter for physicians.

HISTORY: 2017 ch. 25, § 2, effective June 29, 2017.

311.6208. Interstate Medical Licensure Compact.

The Interstate Medical Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the Compact, which is, in form, substantially as follows:

HISTORY: 2019 ch. 77, § 1, effective June 27, 2019.

ARTICLE I PURPOSE

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter and therefore requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.

ARTICLE II DEFINITIONS

As used in this compact:

  1. “Bylaws” means those bylaws established by the Interstate Commission pursuant to Article XI for its governance, or for directing and controlling its actions and conduct.
  2. “Commissioner” means the voting representative appointed by each member board pursuant to Article XI.
  3. “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
  4. “Expedited license” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact.
  5. “Interstate Commission” means the interstate commission created pursuant to Article XI.
  6. “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
  7. “Medical Practice Act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
  8. “Member board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
  9. “Member state” means a state that has enacted the Compact.
  10. “Physician” means any person who:
    1. Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;
    2. Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three (3) attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;
    3. Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;
    4. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;
    5. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
    6. Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
    7. Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;
    8. Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and
    9. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
  11. “Practice of medicine” means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.
  12. “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.
  13. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
  14. “State” means any state, commonwealth, district, or territory of the United States.
  15. “State of principal license” means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the Compact.

ARTICLE III ELIGIBILITY

  1. A physician shall meet the eligibility requirements as defined in Article II to receive an expedited license under the terms and provisions of the Compact.
  2. A physician who does not meet the requirements of Article II may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.

ARTICLE IV DESIGNATION OF STATE OF PRINCIPAL LICENSE

  1. A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
    1. The state of primary residence for the physician;
    2. The state where at least twenty-five percent (25%) of the practice of medicine occurs;
    3. The location of the physician’s employer; or
    4. If no state qualifies under paragraph (a), paragraph (b), or paragraph (c), the state designated as state of residence for purpose of federal income tax.
  2. A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (1).
  3. The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

ARTICLE V APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

  1. A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
  2. Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.
    1. Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
    2. The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. sec. 731.202.
    3. Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
  3. Upon verification in subsection (2), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (1), including the payment of any applicable fees.
  4. After receiving verification of eligibility under subsection (2) and any fees under subsection (3), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.
  5. An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
  6. An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.
  7. The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

ARTICLE VI FEES FOR EXPEDITED LICENSURE

  1. A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.
  2. The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.

ARTICLE VII RENEWAL AND CONTINUED PARTICIPATION

  1. A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:
    1. Maintains a full and unrestricted license in a state of principal license;
    2. Has not been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
    3. Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
    4. Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
  2. Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
  3. The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
  4. Upon receipt of any renewal fees collected in subsection (3), a member board shall renew the physician’s license.
  5. Physician information collected by the Interstate Commission during the renewal process shall be distributed to all member boards.
  6. The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.

ARTICLE VIII COORDINATED INFORMATION SYSTEM

  1. The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under Article V.
  2. Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.
  3. Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
  4. Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (3) to the Interstate Commission.
  5. Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
  6. All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
  7. The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

ARTICLE IX JOINT INVESTIGATIONS

  1. Licensure and disciplinary records of physicians are deemed investigative.
  2. In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
  3. A subpoena issued by a member state shall be enforceable in other member states.
  4. Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
  5. Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

ARTICLE X DISCIPLINARY ACTIONS

  1. Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.
  2. If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.
  3. If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
    1. Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or
    2. Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.
  4. If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety (90) days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety (90) day suspension period in a manner consistent with the Medical Practice Act of that state.

ARTICLE XI INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

  1. The member states hereby create the “Interstate Medical Licensure Compact Commission.”
  2. The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.
  3. The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the Compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the Compact.
  4. The Interstate Commission shall consist of two (2) voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one (1) representative from each member board. A commissioner shall be an:
    1. Allopathic or osteopathic physician appointed to a member board;
    2. Executive director, executive secretary, or similar executive of a member board; or
    3. Member of the public appointed to a member board.
  5. The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the Commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
  6. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
  7. Each commissioner participating at a meeting of the Interstate Commission is entitled to one (1) vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (4).
  8. The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting would be likely to:
    1. Relate solely to the internal personnel practices and procedures of the Interstate Commission;
    2. Discuss matters specifically exempted from disclosure by federal statute;
    3. Discuss trade secrets, commercial, or financial information that is privileged or confidential;
    4. Involve accusing a person of a crime, or formally censuring a person;
    5. Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
    6. Discuss investigative records compiled for law enforcement purposes; or
    7. Specifically relate to the participation in a civil action or other legal proceeding.
  9. The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.
  10. The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the Compact or by its rules, available to the public for inspection.
  11. The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Compact including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as necessary.
  12. The Interstate Commission may establish other committees for governance and administration of the Compact.

ARTICLE XII POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the duty and power to:

  1. Oversee and maintain the administration of the Compact;
  2. Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;
  3. Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;
  4. Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
  5. Establish and appoint committees, including but not limited to an executive committee as required by Article XI, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
  6. Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;
  7. Establish and maintain one (1) or more offices;
  8. Borrow, accept, hire, or contract for services of personnel;
  9. Purchase and maintain insurance and bonds;
  10. Employ an executive director who shall have the powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;
  11. Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
  12. Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of them in a manner consistent with the conflict of interest policies established by the Interstate Commission;
  13. Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;
  14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
  15. Establish a budget and make expenditures;
  16. Adopt a seal and bylaws governing the management and operation of the Interstate Commission;
  17. Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;
  18. Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;
  19. Maintain records in accordance with the bylaws;
  20. Seek and obtain trademarks, copyrights, and patents; and
  21. Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.

ARTICLE XIII FINANCE POWERS

  1. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment shall be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
  2. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
  3. The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
  4. The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

ARTICLE XIV ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within twelve (12) months of the first Interstate Commission meeting.
  2. The Interstate Commission shall elect or appoint annually from among its commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.
  3. Officers selected in subsection (2) shall serve without remuneration from the Interstate Commission.
  4. The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    1. The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of their employment or duties for acts, errors, or omissions occurring within their state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    2. The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
    3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XV RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
  2. Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010, and subsequent amendments thereto.
  3. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.

ARTICLE XVI OVERSIGHT OF INTERSTATE COMPACT

  1. The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
  2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities or actions of the Interstate Commission.
  3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules.

ARTICLE XVII ENFORCEMENT OF INTERSTATE COMPACT

  1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.
  2. The Interstate Commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
  3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XVIII DEFAULT PROCEDURES

  1. The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.
  2. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Interstate Commission shall:
    1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
    2. Provide remedial training and specific technical assistance regarding the default.
  3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
  4. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
  5. The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
  6. The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
  7. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
  8. The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

ARTICLE XIX DISPUTE RESOLUTION

  1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards.
  2. The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.

ARTICLE XX MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

  1. Any state is eligible to become a member state of the Compact.
  2. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.
  3. The governors of nonmember states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.
  4. The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XXI WITHDRAWAL

  1. Once effective, the Compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.
  2. Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
  3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.
  4. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt of notice provided under subsection (3).
  5. The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
  6. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
  7. The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

ARTICLE XXII DISSOLUTION

  1. The Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one (1) member state.
  2. Upon the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XXIII SEVERABILITY AND CONSTRUCTION

  1. The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
  2. The provisions of the Compact shall be liberally construed to effectuate its purposes.
  3. Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XXIV BINDING EFFECT OF COMPACT AND OTHER LAWS

  1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
  2. All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
  3. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
  4. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
  5. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Kentucky Living Will Directive Act

311.621. Definitions for KRS 311.621 to 311.643.

As used in KRS 311.621 to 311.643 :

  1. “Adult” means a person eighteen (18) years of age or older and who is of sound mind;
  2. “Advance directive” means a living will directive made in accordance with KRS 311.621 to 311.643 , a living will or designation of health care surrogate executed prior to July 15, 1994, and any other document that provides directions relative to health care to be provided to the person executing the document;
  3. “Artificially-provided nutrition and hydration” means sustenance or fluids that are artificially or technologically administered;
  4. “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient;
  5. “Decisional capacity” means the ability to make and communicate a health care decision;
  6. “Directive” means a living will directive in writing voluntarily made by an adult in accordance with the provisions of KRS 311.621 to 311.643 ;
  7. “Grantor” means an adult who has executed an advance directive in accordance with KRS 311.621 to 311.643 ;
  8. “Health care decision” means consenting to, or withdrawing consent for, any medical procedure, treatment, or intervention;
  9. “Health care facility” means any institution, place, building, agency, or portion thereof, public or private, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care, and licensed pursuant to KRS Chapter 216B;
  10. “Health care provider” means any health care facility or provider of health services, including but not limited to, those licensed, certified, or regulated under the provisions of KRS Chapters 211, 216, 311, 312, 313, or 314;
  11. “Life-prolonging treatment” means any medical procedure, treatment, or intervention which:
    1. Utilizes mechanical or other artificial means to sustain, prolong, restore, or supplant a spontaneous vital function; and
    2. When administered to a patient would serve only to prolong the dying process. “Life-prolonging treatment” shall not include the administration of medication or the performance of any medical procedure deemed necessary to alleviate pain;
  12. “Medical order for scope of treatment” means an actionable medical order signed by a patient, a patient’s legal surrogate, or a responsible party, and the patient’s physician directing the use of life-sustaining treatment for the patient. A medical order for scope of treatment, if completed, shall implement or apply a health power of attorney or a living will directive if one exists;
  13. “Permanently unconscious” means a condition which, to a reasonable degree of medical probability, as determined solely by the patient’s attending physician and one (1) other physician on clinical examination, is characterized by an absence of cerebral cortical functions indicative of consciousness or behavioral interaction with the environment;
  14. “Physician” means a person licensed to practice medicine in the Commonwealth of Kentucky;
  15. “Responsible party” means an adult who has authority under KRS 311.631 to make a health care decision for a patient who has not executed a living will directive;
  16. “Surrogate” means an adult who has been designated to make health care decisions in accordance with KRS 311.621 to 311.643 ; and
  17. “Terminal condition” means a condition caused by injury, disease, or illness which, to a reasonable degree of medical probability, as determined solely by the patient’s attending physician and one (1) other physician, is incurable and irreversible and will result in death within a relatively short time, and where the application of life-prolonging treatment would serve only to artificially prolong the dying process.

HISTORY: Enact. Acts 1994, ch. 235, § 1, effective July 15, 1994; 2015 ch. 3, § 1, effective June 24, 2015.

NOTES TO DECISIONS

1.Health Care Decisions.

Arbitration agreements signed by a patient’s friend when the patient was admitted to medical facilities were neither valid nor enforceable as to the patient; the patient was both physically and mentally competent to sign the agreements, the patient’s signature was required by the arbitration agreements, the medical facilities should not have asked the friend to sign the agreements, and there was no evidence that the friend was authorized to sign the agreements in the patient’s stead. Mt. Holly Nursing Ctr. v. Crowdus, 281 S.W.3d 809, 2008 Ky. App. LEXIS 236 (Ky. Ct. App. 2008).

In a wrongful death case against a nursing home, an arbitration agreement was not valid because parents could not enter a contract on behalf of their disabled daughter, there was no actual authority on the part of the parents to enter into a contract on behalf of the daughter, a signatory was not a guardian of the disabled adult, and the parents could not appoint the signatory as a power of attorney; even though the parents had the right to make health care decisions under KRS 311.631(1), entering into an arbitration agreement was not a health care decision. Because the parents were unable to name an attorney-in-fact on behalf of their disabled daughter, there was no apparent authority either. GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117, 2012 Ky. App. LEXIS 177 (Ky. Ct. App. 2012).

Cited:

Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

Research References and Practice Aids

Kentucky Bench & Bar.

Fust, Common Challenges of the (Not So) Uncommon Estate Planning Client, Vol. 70, No. 1, January 2006, Ky. Bench & Bar 11.

Brown, Estate Planning for the Elder Client: Diminished Capacity, Volume 74, No. 6, November 2010, Ky. Bench & Bar 10.

Kentucky Law Journal.

Note: Forcing Life on the Dead: Why the Pregnancy Exemption Clause of the Kentucky Living Will Directive Act is Unconstitutional, 100 Ky. L.J. 209 (2011/2012).

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

A Survey of Key Issues Kentucky Elder Law, 29 N. Ky. L. Rev. 139 (2002).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Health Care Actions, § 269.00.

311.622. Legislative finding. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 1, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.6225. Medical order for scope of treatment (MOST) form — Eligible persons — Scope — Effect.

  1. An adult with decisional capacity, an adult’s legal surrogate, or a responsible party may complete a medical order for scope of treatment directing medical interventions. The form shall have the title “MOST, Medical Orders for Scope of Treatment” and an introductory section containing the patient’s name and date of birth, the effective date of the form, including the statement “Form must be reviewed at least annually” and the statements “HIPAA permits disclosure of MOST to other health care professionals as necessary” and “This document is based on this person’s medical condition and wishes. Any section not completed indicates a preference for full treatment for that section.” The form shall be in substantially the following order and format and shall have the following contents:
    1. Section A of the form shall direct cardiopulmonary resuscitation when a person has no pulse and is not breathing by selection of one (1) of the following:
      1. “Attempt Resuscitation (CPR)”; or
      2. “Do Not Attempt Resuscitation”; and include the statement “When not in cardiopulmonary arrest, follow orders in B, C, and D.”;
    2. Section B of the form shall direct the scope of treatment when a person has a pulse or is breathing by selection of one (1) of the following:
      1. Full scope of treatment, including the use of intubation, advanced airway interventions, mechanical ventilation, defibrillation or cardioversion as indicated, medical treatment, intravenous fluids, and comfort measures. This option shall include the statement “Transfer to a hospital if indicated. Includes intensive care. Treatment Plan: Full treatment, including life support measures.”;
      2. Limited additional intervention, including the use of medical treatment, oral and intravenous medications, intravenous fluids, cardiac monitoring as indicated, noninvasive bi-level positive airway pressure, a bag valve mask, and comfort measures. This option excludes the use of intubation or mechanical ventilation. This option shall include the statement “Transfer to a hospital if indicated. Avoid intensive care. Treatment Plan: Provide basic medical treatments.”; or
      3. Comfort measures, including keeping the patient clean, warm, and dry; use of medication by any route; positioning, wound care, and other measures to relieve pain and suffering; and the use of oxygen, suction, and manual treatment of airway obstruction as needed for comfort. This option shall include the statement “Do not transfer to a hospital unless comfort needs cannot be met in the patient’s current location (e.g. hip fracture).”. These options shall be followed by a space for other instructions;
    3. Section C of the form shall direct the use of oral and intravenous antibiotics by selection of one (1) of the following:
      1. Antibiotics if indicated for the purpose of maintaining life;
      2. Determine use or limitation of antibiotics when infection occurs;
      3. Use of antibiotics to relieve pain and discomfort; or
      4. No antibiotics, use other measures to relieve symptoms. This option shall include a space for other instructions;
    4. Section D of the form shall:
      1. Have the heading “Medically Administered Fluids and Nutrition: The provision of nutrition and fluids, even if medically administered, is a basic human right and authorization to deny or withdraw shall be limited to the patient, the surrogate in accordance with KRS 311.629 , or the responsible party in accordance with KRS 311.631 ”;
      2. Direct the administration of fluids if physically possible as determined by the patient’s physician in accordance with reasonable medical judgment and in consultation with the patient, surrogate, or responsible party by selecting one (1) of the following:
        1. Long-term intravenous fluids if indicated;
        2. Intravenous fluids for a defined trial period. This option shall be followed by “Goal:.................”; or
        3. No intravenous fluids, provide other measures to ensure comfort; and
      3. Direct the administration of nutrition if physically possible as determined by the patient’s physician in accordance with reasonable medical judgment and in consultation with the patient, surrogate, or responsible party by selecting one (1) of the following:
        1. Long-term feeding tube if indicated;
        2. Feeding tube for a defined trial period. This option shall be followed by “Goal:.................”; or
        3. No feeding tube. This option shall be followed by a space for special instructions;
    5. Section E of the form shall:
      1. Have the heading “Patient Preferences as a Basis for this MOST Form” shall include the language “Basis for order must be documented in medical record”;
      2. Provide direction to indicate whether or not the patient has an advance medical directive such as a health care power of attorney or living will and, if so, a place for the printed name, position, and signature of the individual certifying that the MOST is in accordance with the advance directive; and
      3. Indicate whether oral or written directions were given and, if so, by which one (1) or more of the following:
        1. Patient;
        2. Parent or guardian if patient is a minor;
        3. Surrogate appointed by the patient’s advance directive;
        4. The judicially appointed guardian of the patient, if the guardian has been appointed and if medical decisions are within the scope of the guardianship;
        5. The attorney-in-fact named in a durable power of attorney, if the durable power of attorney specifically includes authority for health care decisions;
        6. The spouse of the patient;
        7. An adult child of the patient or, if the patient has more than one (1) child, the majority of the adult children who are reasonably available for consultation;
        8. The parents of the patient; and
        9. The nearest living relative of the patient or, if more than one (1) relative of the same relation is reasonably available for consultation, a majority of the nearest living relatives;
    6. A signature portion of the form shall include spaces for the printed name, signature, and date of signing for:
      1. The patient’s physician;
      2. The patient, parent of minor, guardian, health care agent, surrogate, spouse, or other responsible party, with a description of the relationship to the patient and contact information, unless based solely on advance directive; and
      3. The health care professional preparing the form, with contact information;
    7. A section of the form shall be titled “Information for patient, surrogate, or responsible party named on this form” with the following language: “The MOST form is always voluntary and is usually for persons with advanced illness. MOST records your wishes for medical treatment in your current state of health. The provision of nutrition and fluids, even if medically administered, is a basic human right and authorization to deny or withdraw shall be limited to the patient, the surrogate in accordance with KRS 311.629 , or the responsible party in accordance with KRS 311.631 . Once initial medical treatment is begun and the risks and benefits of further therapy are clear, your treatment wishes may change. Your medical care and this form can be changed to reflect your new wishes at any time. However, no form can address all the medical treatment decisions that may need to be made. An advance directive, such as the Kentucky Health Care Power of Attorney, is recommended for all capable adults, regardless of their health status. An advance directive allows you to document in detail your future health care instructions or name a surrogate to speak for you if you are unable to speak for yourself, or both. If there are conflicting directions between an enforceable living will and a MOST form, the provisions of the living will shall prevail.”;
    8. A section of the form shall be titled “Directions for Completing and Implementing Form” with these four (4) subdivisions:
      1. The first subdivision shall be titled “Completing MOST” and shall have the following language: “MOST must be reviewed, prepared, and signed by the patient’s physician in personal communication with the patient, the patient’s surrogate, or responsible party. MOST must be reviewed and contain the original signature of the patient’s physician to be valid. Be sure to document the basis in the progress notes of the medical record. Mode of communication (e.g., in person, by telephone, etc.) should also be documented. The signature of the patient, surrogate, or a responsible party is required; however, if the patient’s surrogate or a responsible party is not reasonably available to sign the original form, a copy of the completed form with the signature of the patient’s surrogate or a responsible party must be signed by the patient’s physician and placed in the medical record. Use of original form is required. Be sure to send the original form with the patient. There is no requirement that a patient have a MOST.”;
      2. The second subdivision shall be titled “Implementing MOST” and shall have the following language: “If a health care provider or facility cannot comply with the orders due to policy or personal ethics, the provider or facility must arrange for transfer of the patient to another provider or facility.”;
      3. The third subdivision shall be titled “Reviewing MOST” and shall have the following language: This MOST must be reviewed at least annually or earlier if: The patient is admitted and/or discharged from a health care facility; There is a substantial change in the patient’s health status; or The patient’s treatment preferences change. If MOST is revised or becomes invalid, draw a line through Sections A-E and write “VOID” in large letters.”; and
      4. The fourth subdivision shall be titled “Revocation of MOST” and shall have the following language: “This MOST may be revoked by the patient, the surrogate, or the responsible party.”; and
    9. A section of the form shall be titled “Review of MOST” and shall have the following columns and a number of rows as determined by the Kentucky Board of Medical Licensure:
      1. “Review Date”;
      2. “Reviewer and Location of Review”;
      3. “MD/DO Signature (Required)”;
      4. “Signature of Patient, Surrogate, or Responsible Party (Required)”; and
      5. Outcome of Review, describing the outcome in each row by selecting one (1) of the following:
        1. No Change;
        2. FORM VOIDED, new form completed; or
        3. FORM VOIDED, no new form”.
  2. The Kentucky Board of Medical Licensure shall promulgate administrative regulations in accordance with KRS Chapter 13A to develop the format for a standardized medical order for scope of treatment form to be approved by the board, including spacing, size, borders, fill and location of boxes, type of fonts used and their size, and placement of boxes on the front or back of the form so as to fit on a single sheet. The board may not alter the wording or order of wording provided in subsection (1) of this section, except to add identifying data such as form number and date of promulgation or revision and instructions for completing, reviewing, and revoking the election of the form. The board shall consult with appropriate professional organizations to develop the format for the medical order for scope of treatment form, including:
    1. The Kentucky Association of Hospice and Palliative Care;
    2. The Kentucky Board of Emergency Medical Services;
    3. The Kentucky Hospital Association;
    4. The Kentucky Association of Health Care Facilities;
    5. LeadingAge Kentucky;
    6. The Kentucky Right to Life Association; and
    7. Other groups interested in end-of-life care.
  3. The medical order for scope of treatment form developed under subsection (2) of this section shall include but not be limited to:
    1. An advisory that completing the medical order for scope of treatment form is voluntary and not required for treatment;
    2. Identification of the person who discussed and agreed to the options for medical intervention that are selected;
    3. All necessary information necessary to comply with subsection (1) of this section;
    4. The effective date of the form;
    5. The expiration or review date of the form, which shall be no more than one (1) calendar year from the effective date of the form;
    6. Indication of whether the patient has a living will directive or health care power of attorney, a copy of which shall be attached to the form if available;
    7. An advisory that the medical order for scope of treatment may be revoked by the patient, the surrogate, or a responsible party at any time; and
    8. A statement written in boldface type directly above the signature line for the patient that states “You are not required to sign this form to receive treatment.”
  4. A physician shall document the medical basis for completing a medical order for scope of treatment in the patient’s medical record.
  5. The patient, the surrogate, or a responsible party shall sign the medical order for scope of treatment form; however, if it is not practicable for the patient’s surrogate or a responsible party to sign the original form, the surrogate or a responsible party shall sign a copy of the completed form and return it to the health care provider completing the form. The copy of the form with the signature of the surrogate or a responsible party, whether in electronic or paper form, shall be signed by the physician and shall be placed in the patient’s medical record. When the signature of the surrogate or a responsible party is on a separate copy of the form, the original form shall indicate in the appropriate signature field that the signature is attached.

HISTORY: 2015 ch. 3, § 2, effective June 24, 2015.

Legislative Research Commission Notes.

(6/24/2015). During codification, the Reviser of Statutes has changed the numbering of subparagraphs within paragraphs (d) and (e) of subsection (1) of this statute from the way it appeared in 2015 Ky. Acts ch. 3, sec. 2.

311.623. Living will directive or medical order for scope of treatment — Eligible persons — Scope — Effect — Recognition of person’s desire not to be resuscitated.

  1. An adult with decisional capacity may make a written living will directive that does any or all of the following:
    1. Directs the withholding or withdrawal of life-prolonging treatment; or
    2. Directs the withholding or withdrawal of artificially provided nutrition or hydration; or
    3. Designates one (1) or more adults as a surrogate or successor surrogate to make health care decisions on behalf of the grantor. During any period in which two (2) or more surrogates are serving, all decisions shall be by unanimous consent of all the acting surrogates unless the advance directive provides otherwise; or
    4. Directs the giving of all or any part of the adult’s body upon death for any purpose specified in KRS 311.1929 .
  2. Except as provided in KRS 311.633 , a living will directive made pursuant to this section or a medical order for scope of treatment made pursuant to KRS 311.6225 shall be honored by a grantor’s family, regular family physician or attending physician, and any health care facility of or in which the grantor is a patient.
  3. For purposes of KRS 311.621 to 311.643 , notification to any emergency medical responder as defined by KRS Chapter 211 or any paramedic as defined by KRS Chapter 311, of a person’s authentic wish not to be resuscitated shall be recognized only if on a standard form or identification approved by the Kentucky Board of Medical Licensure, in consultation with the Cabinet for Health and Family Services, or a standard medical order for scope of treatment form approved by the Kentucky Board of Medical Licensure pursuant to KRS 311.6225 .

HISTORY: Enact. Acts 1994, ch. 235, § 2, effective July 15, 1994; 1998, ch. 392, § 1, effective July 15, 1998; 1998, ch. 426, § 538, effective July 15, 1998; 2005, ch. 99, § 586, effective June 20, 2005; 2010, ch. 161, § 30, effective July 15, 2010; 2015 ch. 3, § 3, effective June 24, 2015.

Research References and Practice Aids

Kentucky Law Journal.

Note: Forcing Life on the Dead: Why the Pregnancy Exemption Clause of the Kentucky Living Will Directive Act is Unconstitutional, 100 Ky. L.J. 209 (2011/2012).

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

Wilborn, The Right to Refuse Medical Treatment: Where There Is a Right, There Ought to Be a Remedy, 25 N. Ky. L. Rev. 649 (1998).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Living Will Directive, Form 269.04.

311.6231. Court-appointed fiduciary bound by terms of grantor’s advance directive — Power of surrogate to act.

If, following the execution of an advance directive under KRS 311.623 , a court of the grantor’s principal domicile appoints a fiduciary charged with the care and protection of the grantor’s person, the fiduciary shall be bound by the terms of the grantor’s advance directive. If the advance directive designates a surrogate to make health care decisions for the grantor, the surrogate may continue to act.

History. Enact. Acts 1998, ch. 421, § 1, effective July 15, 1998.

311.624. Definitions for KRS 311.622 to 311.644. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 2, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.625. Form of living will directive.

  1. A living will directive made pursuant to KRS 311.623 shall be substantially in the following form, and may include other specific directions which are in accordance with accepted medical practice and not specifically prohibited by any other statute. If any other specific directions are held by a court of appropriate jurisdiction to be invalid, that invalidity shall not affect the directive. “Living Will Directive My wishes regarding life-prolonging treatment and artificially provided nutrition and hydration to be provided to me if I no longer have decisional capacity, have a terminal condition, or become permanently unconscious have been indicated by checking and initialing the appropriate lines below. By checking and initialing the appropriate lines, I specifically: . . . . . Designate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as my health care surrogate(s) to make health care decisions for me in accordance with this directive when I no longer have decisional capacity. If . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . refuses or is not able to act for me, I designate . . . . . . . . . . . . . . . . . . . as my health care surrogate(s). Any prior designation is revoked. If I do not designate a surrogate, the following are my directions to my attending physician. If I have designated a surrogate, my surrogate shall comply with my wishes as indicated below: . . . . . Direct that treatment be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical treatment deemed necessary to alleviate pain. . . . . . DO NOT authorize that life-prolonging treatment be withheld or withdrawn. . . . . . Authorize the withholding or withdrawal of artificially provided food, water, or other artificially provided nourishment or fluids. . . . . . DO NOT authorize the withholding or withdrawal of artificially provided food, water, or other artificially provided nourishment or fluids. . . . . . Authorize my surrogate, designated above, to withhold or withdraw artificially provided nourishment or fluids, or other treatment if the surrogate determines that withholding or withdrawing is in my best interest; but I do not mandate that withholding or withdrawing. . . . . . Authorize the giving of all or any part of my body upon death for any purpose specified in KRS 311.1929 . . . . . . DO NOT authorize the giving of all or any part of my body upon death. In the absence of my ability to give directions regarding the use of life-prolonging treatment and artificially provided nutrition and hydration, it is my intention that this directive shall be honored by my attending physician, my family, and any surrogate designated pursuant to this directive as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of the refusal. If I have been diagnosed as pregnant and that diagnosis is known to my attending physician, this directive shall have no force or effect during the course of my pregnancy. I understand the full import of this directive and I am emotionally and mentally competent to make this directive.

    Signed this . . . . . day of . . . . . . . . . . , 19...

    Signature and address of the grantor.

    In our joint presence, the grantor, who is of sound mind and eighteen (18) years of age, or older, voluntarily dated and signed this writing or directed it to be dated and signed for the grantor.

    Signature and address of witness.

    Signature and address of witness.

    OR

    STATE OF KENTUCKY)

    . . . . . . . . . . . . . . . . . . . County)

    Before me, the undersigned authority, came the grantor who is of sound mind and eighteen (18) years of age, or older, and acknowledged that he voluntarily dated and signed this writing or directed it to be signed and dated as above.

    Done this . . . . . day of . . . . . . . . . . , 19...

    Signature of Notary Public or other officer.

    Date commission expires: . . . . . . . . . . . . . . . . . . . .

    Execution of this document restricts withholding and withdrawing of some medical procedures. Consult Kentucky Revised Statutes or your attorney.”

  2. An advance directive shall be in writing, dated, and signed by the grantor, or at the grantor’s direction, and either witnessed by two (2) or more adults in the presence of the grantor and in the presence of each other, or acknowledged before a notary public or other person authorized to administer oaths. None of the following shall be a witness to or serve as a notary public or other person authorized to administer oaths in regard to any advance directive made under this section:
    1. A blood relative of the grantor;
    2. A beneficiary of the grantor under descent and distribution statutes of the Commonwealth;
    3. An employee of a health care facility in which the grantor is a patient, unless the employee serves as a notary public;
    4. An attending physician of the grantor; or
    5. Any person directly financially responsible for the grantor’s health care.
  3. A person designated as a surrogate pursuant to an advance directive may resign at any time by giving written notice to the grantor; to the immediate successor surrogate, if any; to the attending physician; and to any health care facility which is then waiting for the surrogate to make a health care decision.
  4. An employee, owner, director, or officer of a health care facility where the grantor is a resident or patient shall not be designated or act as surrogate unless related to the grantor within the fourth degree of consanguinity or affinity or a member of the same religious or fraternal order.

History. Enact. Acts 1994, ch. 235, § 3, effective July 15, 1994; 1998, ch. 370, § 8, effective July 15, 1998; 1998, ch. 392, § 2, effective July 15, 1998; 2010, ch. 161, § 31, effective July 15, 2010; 2013, ch. 127, § 2, effective June 25, 2013.

Research References and Practice Aids

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Living Will Directive, Form 269.04.

311.626. Declaration — Witness. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 3, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.627. Revocation.

  1. An advance directive made pursuant to KRS 311.623 may be revoked by:
    1. A writing declaring an intention to revoke, which writing shall be signed and dated by the grantor;
    2. An oral statement of intent to revoke made by a grantor with decisional capacity in the presence of two (2) adults, one (1) of whom shall be a health care provider; or
    3. Destruction of the document by the grantor or by some person in the grantor’s presence and at the grantor’s direction.
  2. An oral statement by a grantor with decisional capacity to revoke an advance directive shall override any previous written advance directive made.
  3. Any revocation made pursuant to this section shall become effective immediately. An attending physician or health care facility shall not be required to administer treatment in accordance with the revocation until the time notice of the revocation is received. Upon receiving notice of the revocation, the attending physician or health care facility shall record, in the grantor’s medical record, the time, date, and place of the notice receipt. No physician or health care facility shall be subject to any liability for acting in good faith upon the knowledge, or lack thereof, of the existence or revocation of an advance directive.
  4. The designation of a health care surrogate made pursuant to KRS 311.623 may be revoked in whole or in part or the surrogate’s powers reduced or limited at any time by the grantor, if the grantor has decisional capacity. A new designation shall revoke any prior designation unless the revocation, in whole or in part, is specifically negated.

History. Enact. Acts 1994, ch. 235, § 4, effective July 15, 1994.

Research References and Practice Aids

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

311.628. Notification of declarant’s attending physician of existence of declaration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 4, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.629. Powers of health care surrogate.

  1. A surrogate designated pursuant to an advance directive may make health care decisions for the grantor which the grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the grantor as indicated in the advance directive. When making any health care decision for the grantor, the surrogate shall consider the recommendation of the attending physician and honor the decision made by the grantor as expressed in the advance directive.
  2. The surrogate may not make a health care decision in any situation in which the grantor’s attending physician has determined in good faith that the grantor has decisional capacity. The attending physician shall proceed as if there were no designation if the surrogate is unavailable or refuses to make a health care decision.
  3. A health care surrogate may authorize the withdrawal or withholding of artificially-provided nutrition and hydration in the following circumstances:
    1. When inevitable death is imminent, which for the purposes of this provision shall mean when death is expected, by reasonable medical judgment, within a few days; or
    2. When a patient is in a permanently unconscious state if the grantor has executed an advance directive authorizing the withholding or withdrawal of artificially-provided nutrition and hydration; or
    3. When the provision of artificial nutrition cannot be physically assimilated by the person; or
    4. When the burden of the provision of artificial nutrition and hydration itself shall outweigh its benefit. Even in the exceptions listed in paragraphs (a), (b), and (c) of this subsection, artificially-provided nutrition and hydration shall not be withheld or withdrawn if it is needed for comfort or the relief of pain.
  4. Notwithstanding the execution of an advance directive, life sustaining treatment and artificially-provided nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman’s medical chart by the attending physician and one (1) other physician who has examined the woman, the procedures will not maintain the woman in a way to permit the continuing development and live birth of the unborn child, will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication.

History. Enact. Acts 1994, ch. 235, § 5, effective July 15, 1994.

Research References and Practice Aids

Kentucky Law Journal.

Note: Forcing Life on the Dead: Why the Pregnancy Exemption Clause of the Kentucky Living Will Directive Act is Unconstitutional, 100 Ky. L.J. 209 (2011/2012).

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

311.630. Revocation procedures. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 5, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.631. Responsible parties authorized to make health care decisions.

  1. If an adult patient whose physician has determined that he or she does not have decisional capacity has not executed an advance directive, or to the extent the advance directive does not address a decision that must be made, any one (1) of the following responsible parties, in the following order of priority if no individual in a prior class is reasonably available, willing, and competent to act, shall be authorized to make health care decisions on behalf of the patient:
    1. The judicially-appointed guardian of the patient, if the guardian has been appointed and if medical decisions are within the scope of the guardianship;
    2. The attorney-in-fact named in a durable power of attorney, if the durable power of attorney specifically includes authority for health care decisions;
    3. The spouse of the patient;
    4. An adult child of the patient, or if the patient has more than one (1) child, the majority of the adult children who are reasonably available for consultation;
    5. The parents of the patient;
    6. The nearest living relative of the patient, or if more than one (1) relative of the same relation is reasonably available for consultation, a majority of the nearest living relatives.
  2. In any case in which a health care decision is made under this section, the decision shall be noted in writing in the patient’s medical records.
  3. An individual authorized to consent for another under this section shall act in good faith, in accordance with any advance directive executed by the individual who lacks decisional capacity, and in the best interest of the individual who does not have decisional capacity.
  4. In any case in which a health care decision is made under this section, hospitalization for psychiatric treatment at a general hospital shall not exceed fourteen (14) consecutive days unless a court order is obtained under KRS Chapter 202A or 202B. For the purposes of this section, a general hospital is one that is not owned or operated by the Commonwealth of Kentucky.
  5. An individual authorized to make a health care decision under this section may authorize the withdrawal or withholding of artificially-provided nutrition and hydration only in the circumstances as set forth in KRS 311.629(3).

History. Enact. Acts 1994, ch. 235, § 6, effective July 15, 1994; 2004, ch. 116, § 19, effective July 13, 2004.

NOTES TO DECISIONS

1.In General.

KRS 311.631 does not contravene any modem ethical standards, whether legal, medical, or moral. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

Unless the interested parties disagree, resort to the courts is unwarranted in cases involving the withholding or withdrawal of artificial life-prolonging treatment from a ward or patient who is either in a persistent vegetative state or permanently unconscious. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

2.Best Interest of Patient Analysis.

Patient’s best interest can be ascertained under KRS 311.631(3) from both subjective evidence, as in a common law substituted judgment analysis, and objective evidence, as in a common law best interest analysis, as available. In determining the best interest of a patient, quality of life is not considered from the subjective point of view of a surrogate, but is an objective inquiry into the value that the continuation of life has for the patient. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

In determining a patient’s best interest, courts may consider, but are not limited to considering: (1) the patient’s present level of physical, sensory, emotional, and cognitive functioning and the possibility of improvement thereof; (2) any relevant statements or expressions made by the patient, when competent, as to his or her own wishes with a rebuttable presumption attaching to a valid living will or a designation of a health care surrogate; (3) to the extent known, the patient’s own philosophical, religious, and moral views, life goals, values about the purpose of life and the way it should be lived, and attitudes toward sickness, medical procedures, suffering and death; (4) the degree of physical pain caused by the patient’s condition, treatment, and termination of treatment; (5) the degree of humiliation, dependence, and loss of dignity probably resulting from the condition or treatment; (6) the life expectancy and prognosis for recovery with and without the treatment; (7) the various treatment options and their risks, benefits, and side effects; (8) whether any particular treatment would be proportionate or disproportionate in terms of the benefits gained; and, (9) the impact on the patient’s family, the assumption being that the patient would be concerned about the well-being and happiness of his or her own family members. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

3.Judicial Considerations Necessary for Withholding Or Withdrawing Treatment.

Court making a decision of whether to withhold or withdraw life-sustaining medical treatment should consider the following factors: (1) a patient’s present levels of physical, sensory, emotional and cognitive functioning; (2) the quality of life, life expectancy and prognosis for recovery with and without treatment, including the futility of continued treatment; (3) the various treatment options, and the risks, side effects, and benefits of each; (4) the nature and degree of physical pain or suffering resulting from the medical condition; (5) whether the medical treatment being provided is causing or may cause pain, suffering, or serious complications; (6) the pain or suffering, if the medical treatment is withdrawn; (7) whether any particular treatment would be proportionate or disproportionate in terms of the benefits to be gained versus the burdens caused to the patient; (8) the likelihood that pain or suffering resulting from withholding or withdrawal of treatment could be avoided or minimized; (9) the degree of humiliation, dependence and loss of dignity resulting from the condition and treatment; (10) the opinions of the family, the reasons behind those opinions, and the reasons why the family either has no opinion or cannot agree on a course of treatment; and, (11) the motivations of the family in advocating a particular course of treatment. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

4.Limitation.

KRS 311.631 permits the withholding or withdrawal of life-prolonging treatment only when the patient is in extremis, for example, permanently unconscious or in a persistent vegetative state, or when inevitable death is expected by reasonable medical judgment within a few days. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

5.Standard of Proof.

Withholding or withdrawal of artificial life-prolonging treatment is authorized only upon a finding of clear and convincing evidence that an incompetent ward or patient is permanently unconscious or in a persistent vegetative state and that the ward or patient would choose to withhold or withdraw the life-prolonging treatment if able to do so or that it would be in the best interest of the ward or patient to withhold or withdraw the treatment. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

When evidence of a person’s wishes or physical or mental condition is equivocal, it is best to err, if at all, in favor of preserving life. Woods v. Commonwealth, 142 S.W.3d 24, 2004 Ky. LEXIS 187 ( Ky. 2004 ).

6.Health Care Decision.

In a wrongful death case against a nursing home, an arbitration agreement was not valid because parents could not enter a contract on behalf of their disabled daughter, there was no actual authority on the part of the parents to enter into a contract on behalf of the daughter, a signatory was not a guardian of the disabled adult, and the parents could not appoint the signatory as a power of attorney; even though the parents had the right to make health care decisions under KRS 311.631(1), entering into an arbitration agreement was not a health care decision. Because the parents were unable to name an attorney-in-fact on behalf of their disabled daughter, there was no apparent authority either. GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117, 2012 Ky. App. LEXIS 177 (Ky. Ct. App. 2012).

Research References and Practice Aids

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

Article: Arbitration, Agency Authority & the Effect on Nursing Homes: A Survey of a Recent Kentucky Court of Appeals Decision, see 35 N. Ky. L. Rev. 239 (2008).

311.632. Exemption of health care facility or physician from criminal prosecution or civil liability for actions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 6, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.633. Notification to attending physician and health care facility of existing advance directive or medical order for scope of treatment — Effect of refusal to comply — Unlawful discriminatory practices.

  1. It shall be the responsibility of the grantor or the responsible party of the grantor to provide for notification to the grantor’s attending physician and health care facility where the grantor is a patient that an advance directive or a medical order for scope of treatment has been made. If the grantor is comatose, incompetent, or otherwise mentally or physically incapable, any other person may notify the attending physician of the existence of an advance directive or a medical order for scope of treatment. An attending physician who is notified shall promptly make the living will directive or a copy of the advance directive or a medical order for scope of treatment a part of the grantor’s medical records.
  2. An attending physician or health care facility which refuses to comply with the advance directive or a medical order for scope of treatment made pursuant to KRS 311.6225 of a patient or decision made by a surrogate or responsible party shall immediately inform the patient or the patient’s responsible party and the family or guardian of the patient of the refusal. No physician or health care facility which refuses to comply with the advance directive or medical order for scope of treatment of a qualified patient or decision made by a responsible party shall impede the transfer of the patient to another physician or health care facility which will comply with the advance directive or medical order for scope of treatment. If the patient, the family, or the guardian of the patient has requested and authorized a transfer, the transferring attending physician and health care facility shall supply the patient’s medical records and other information or assistance medically necessary for the continued care of the patient, to the receiving physician and health care facility.
  3. No physician, nurse, staff member, or employee of a public or private hospital, or employee of a public or private health care facility, who shall state in writing to the hospital or health care facility his objection to complying with the advance directive of a patient, a health care decision of a responsible party under KRS 311.621 to 311.643 , or a medical order for scope of treatment under KRS 311.6225 , on moral, religious, or professional grounds, shall be required to, or held liable for refusal to, comply with the advance directive, health care decision, or medical order for scope of treatment as long as the physician, nurse, staff member, or employee complies with the requirements of subsection (2) of this section regarding patient notification and patient transfer.
  4. It shall be unlawful discriminatory practice for any person to impose penalties or take disciplinary action against or deny or limit licenses, certifications, degrees, or other approvals or documents of qualification to any physician, nurse, staff member, or employee who refuses to comply with the advance directive of a patient, a health care decision by a responsible party under KRS 311.621 to 311.643 , or a medical order for scope of treatment, as long as the physician, nurse, staff member, or employee complies with the provisions of subsection (2) of this section regarding notification and transfer.

HISTORY: Enact. Acts 1994, ch. 235, § 7, effective July 15, 1994; 2015 ch. 3, § 4, effective June 24, 2015.

Research References and Practice Aids

Northern Kentucky Law Review.

Muehlenkamp, Kentucky Estate Planning and Administration Update, 22 N. Ky. L. Rev. 489 (1995).

311.634. Notification of patient when attending physician or health care facility refuses to comply — Transfer of patient. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 7, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.635. Exemptions from criminal prosecution and civil liability — Exceptions — Presumption of voluntary and valid execution.

  1. A health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or the withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a patient in a terminal condition in accordance with an advance directive executed pursuant to KRS 311.621 to 311.643 . A person who authorizes the withholding or withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a patient in a terminal condition in accordance with an advance directive shall not be subject to criminal prosecution or civil liability for the action.
  2. An independent investigation of a surrogate’s authority shall not be necessary unless a person is in possession of information as to the surrogate’s disqualification. No surrogate, responsible party, physician, or health care facility acting in good faith, shall be subject to criminal or civil liability for giving instructions as a surrogate, making a health care decision as a responsible party under KRS 311.621 to 311.643 , or carrying out, or refusing to carry out pursuant to KRS 311.633 , the surrogate’s or responsible party’s instructions or acting in reliance on the grantor’s designation of a surrogate or a health care decision by a responsible party under KRS 311.621 to 311.643 .
  3. The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person:
    1. Authorizing or effectuating the withholding or withdrawal of life-prolonging treatment;
    2. Giving instructions as a surrogate;
    3. Making a health care decision as a responsible party under KRS 311.621 to 311.643 ;
    4. Carrying out, or refusing to carry out, the surrogate’s or responsible party’s instructions; or
    5. Acting in reliance on the grantor’s designation of a surrogate or a health care decision by a responsible party under KRS 311.621 to 311.643 , did not, in good faith, comply with the provisions of KRS 311.621 to 311.643.
  4. An advance directive made in accordance with KRS 311.621 to 311.629 shall be presumed to have been made voluntarily and validly executed unless the attending physician or health care facility has actual knowledge to the contrary.

History. Enact. Acts 1994, ch. 235, § 8, effective July 15, 1994.

Research References and Practice Aids

Kentucky Law Journal.

Strasser, Incompetents and the Right to Die: In Search of Consistent Meaningful Standards, 83 Ky. L.J. 733 (1994-95).

311.636. Construction of KRS 311.622 to 311.644. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 8, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.637. Withholding or withdrawal of life-prolonging treatment under KRS 311.621 to 311.643 not to constitute suicide — Effect on insurance or health care coverage — Directives made outside KRS 311.621 to 311.643.

  1. The withholding or withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a grantor in accordance with the provisions of KRS 311.621 to 311.643 shall not, for any purpose, constitute a suicide. The making of an advance directive under KRS 311.621 to 311.629 , a medical order for scope of treatment under KRS 311.6225 , or a health care decision by a responsible party under KRS 311.621 to 311.643 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be considered to modify the terms of an existing policy of life insurance. Notwithstanding any term of the policy to the contrary, no policy of life insurance shall be legally impaired or invalidated in any manner by a health care decision made by a surrogate or responsible party or by the withholding or withdrawal from an insured patient any medical procedure or intervention which would serve only to prolong artificially the dying process.
  2. No person, corporation, or governmental agency shall require or induce any person to execute a living will directive or a medical order for scope of treatment under KRS 311.6225 , or to make a health care decision as a responsible party under KRS 311.621 to 311.643 , as a condition for a contract or for the provision of any service, medical treatment, or benefit.
  3. Nothing in KRS 311.621 to 311.643 shall be construed to impose any liability on a surrogate or responsible party for any expenses of the grantor for which the surrogate or responsible party would not otherwise have been liable.
  4. KRS 311.621 to 311.643 shall not create a presumption concerning the intention of an adult who has revoked or has not executed an advance directive or a medical order for scope of treatment under KRS 311.6225 , with respect to the use, withholding, or withdrawal of life-prolonging treatment if a terminal condition exists.
  5. KRS 311.621 to 311.643 shall not affect the common law or statutory right of an adult to make decisions regarding the use of life-prolonging treatment, so long as the adult is able to do so, or impair or supersede any common law or statutory right that an adult has to effect the withholding or withdrawing of medical care.
  6. KRS 311.621 to 311.643 shall not preclude or restrict the right of persons to make advance directives outside the provisions of KRS 311.621 to 311.643 ; and KRS 311.621 to 311.643 shall not restrict or preclude medical personnel, physicians, nurses, or health care facilities from following other written advance directives consistent with accepted medical practice.

HISTORY: Enact. Acts 1994, ch. 235, § 9, effective July 15, 1994; 2015 ch. 3, § 5, effective June 24, 2015.

311.638. Withholding or withdrawal of life-prolonging treatment not to constitute suicide — Effect of declaration on life insurance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 9, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.639. Mercy killing not condoned, authorized, or approved.

KRS 311.621 to 311.643 shall not be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act to end life other than to permit the natural process of dying.

History. Enact. Acts 1994, ch. 235, § 10, effective July 15, 1994.

311.640. Effect of KRS 311.622 to 311.644 on intention or right of adult. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 10, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.641. Civil liability and criminal penalty for falsification or destruction of advance directive.

  1. Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the grantor’s consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-prolonging treatment to be utilized in contravention of the previously expressed intent of the patient shall be civilly liable.
  2. Any person who falsifies or forges the advance directive of another, or willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging treatment, contrary to the wishes of the grantor, and thereby causes life-prolonging treatment to be withheld or withdrawn and death to be hastened, shall be guilty of a Class B felony.

History. Enact. Acts 1994, ch. 235, § 11, effective July 15, 1994.

Research References and Practice Aids

Cross-References.

Designation of offenses, see KRS 532.020 .

Sentence of imprisonment for felony, KRS 532.060 .

311.642. Civil liability — Penalty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 11, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

311.643. Short title for KRS 311.621 to 311.643.

KRS 311.621 to 311.643 may be cited as the Kentucky Living Will Directive Act.

History. Enact. Acts 1994, ch. 235, § 12, effective July 15, 1994.

Research References and Practice Aids

Northern Kentucky Law Review.

A Survey of Key Issues Kentucky Elder Law, 29 N. Ky. L. Rev. 139 (2002).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Health Care Actions, § 269.00.

311.644. Short title. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 122, § 12, effective July 13, 1990) was repealed by Acts 1994, ch. 235, § 13, effective July 15, 1994.

Emergency Allergy Treatment Act

311.645. Definitions for KRS 311.645 to 311.647.

As used in KRS 311.645 to 311.647 :

  1. “Anaphylaxis” means an allergic reaction resulting from sensitization following prior contact with an antigen which can be a life-threatening emergency, including reactions triggered by, among other agents, foods, drugs, injections, insect stings, and physical activity;
  2. “Administer” means to directly apply an epinephrine auto-injector to the body of an individual;
  3. “Authorized entity” means an entity that may at any time have allergens present that are capable of causing a severe allergic reaction and has an individual who holds a certificate issued under KRS 311.646 on the premises or officially associated with the entity. The term includes but is not limited to licensed child-care centers and certified family child-care homes, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas;
  4. “Certified individual” means an individual who successfully completes an approved educational training program and obtain a certificate, as described in KRS 311.646 ;
  5. “Epinephrine auto-injector” means a single-use device used to administer a premeasured dose of epinephrine;
  6. “Health-care practitioner” means a physician or other health-care provider who has prescriptive authority; and
  7. “Self-administration” means an individual’s administration of an epinephrine auto-injector on herself or himself.

HISTORY: 2015 ch. 113, § 29, effective June 24, 2015; 2016 ch. 122, § 2, effective July 15, 2016.

Legislative Research Commission Notes.

(6/24/2015). 2015 Ky. Acts ch. 113, sec. 32 provides that this statute and KRS 311.646 and 311.647 created in 2015 Ky. Acts ch. 113, secs. 29, 30, and 31 may be cited as the “Emergency Allergy Treatment Act.”

311.645. Definitions for KRS 311.645 to 311.647.

As used in KRS 311.645 to 311.647 :

  1. “Anaphylaxis” means an allergic reaction resulting from sensitization following prior contact with an antigen which can be a life-threatening emergency, including reactions triggered by, among other agents, foods, drugs, injections, insect stings, and physical activity;
  2. “Administer” means to directly apply an injectable epinephrine device to the body of an individual;
  3. “Asthma” means a respiratory condition marked by coughing, wheezing, or shortness of breath often triggered by allergies, exercise, or irritants;
  4. “Authorized entity” means an entity that may at any time have allergens present that are capable of causing a severe allergic reaction and has an individual who holds a certificate issued under KRS 311.646 on the premises or officially associated with the entity. The term includes but is not limited to licensed child-care centers and certified family child-care homes, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas;
  5. “Bronchodilator rescue inhaler” means medication used to relieve asthma symptoms or respiratory distress along with devices and device components needed to appropriately administer the medication, including but not limited to disposable spacers;
  6. “Certified individual” means an individual who successfully completes an approved educational training program and obtains a certificate, as described in KRS 311.646 ;
  7. “Injectable epinephrine device ” means a single-use device used to administer a premeasured dose of epinephrine;
  8. “Health-care practitioner” means a physician or other health-care provider who has prescriptive authority; and
  9. “Self-administration” means an individual’s administration of an injectable epinephrine device or bronchodilator rescue inhaler on herself or himself.

HISTORY: 2015 ch. 113, § 29, effective June 24, 2015; 2016 ch. 122, § 2, effective July 15, 2016; 2021 ch. 112, § 3.

311.646. Prescription epinephrine auto-injectors.

  1. A health-care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity or to a certified individual for use in accordance with this section.
  2. A pharmacist may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity or to a certified individual.
  3. The Department for Public Health, the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, the American Red Cross, or other training programs approved by the Department for Public Health may conduct in-person or on-line training for administering lifesaving treatment to persons believed in good faith to be experiencing severe allergic reactions and issue a certificate of training to persons completing the training. The training shall include instructions for recognizing the symptoms of anaphylaxis and administering an epinephrine auto-injector.
  4. An individual who has a certificate issued under this section may:
    1. Receive a prescription for epinephrine auto-injectors from a health-care practitioner;
    2. Possess prescribed epinephrine auto-injectors; and
    3. In an emergency situation when a physician is not immediately available and the certified individual in good faith believes a person is experiencing a severe allergic reaction regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy:
      1. Administer an epinephrine auto-injector to the person; and
      2. Provide an epinephrine auto-injector to the person for immediate self-administration.
  5. An authorized entity that acquires and stocks a supply of epinephrine auto-injectors with a valid prescription shall:
    1. Store the epinephrine auto-injectors in accordance with manufacturer’s instructions and with any additional requirements established by the department; and
    2. Designate an employee or agent who holds a certificate issued under this section to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
  6. Any individual or entity who administers or provides an epinephrine auto-injector to a person who is experiencing a severe allergic reaction shall contact the local emergency medical services system as soon as possible.
  7. Any individual or entity who acquires and stocks a supply of epinephrine auto-injectors in accordance with this section shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of the epinephrine auto-injectors acquired if a severe allergic reaction has occurred.

HISTORY: 2015 ch. 113, § 30, effective June 24, 2015.

Legislative Research Commission Notes.

(6/24/2015). 2015 Ky. Acts ch. 113, sec. 32 provides that this statute and KRS 311.645 and 311.647 created in 2015 Ky. Acts ch. 113, secs. 29, 30, and 31 may be cited as the ““Emergency Allergy Treatment Act.”

311.646. Prescription epinephrine auto-injectors.

  1. A health-care practitioner may prescribe injectable epinephrine devices and bronchodilator rescue inhalers in the name of an authorized entity or to a certified individual for use in accordance with this section.
  2. A pharmacist may dispense injectable epinephrine devices and bronchodilator rescue inhalers pursuant to a prescription issued in the name of an authorized entity or to a certified individual.
  3. The Department for Public Health, the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, the American Red Cross, or other training programs approved by the Department for Public Health may conduct in-person or on-line training for administering lifesaving treatment to persons believed in good faith to be experiencing severe allergic reactions and asthma symptoms or respiratory distress and issue a certificate of training to persons completing the training. The training shall include instructions for recognizing the symptoms of anaphylaxis and asthma and administering an injectable epinephrine device or a bronchodilator rescue inhaler.
  4. An individual who has a certificate issued under this section may:
    1. Receive a prescription for injectable epinephrine devices and bronchodilator rescue inhalers from a health-care practitioner;
    2. Possess prescribed injectable epinephrine devices and bronchodilator rescue inhalers; and
    3. In an emergency situation when a physician is not immediately available and the certified individual in good faith believes a person is experiencing a severe allergic reaction, asthma symptoms, or respiratory distress regardless of whether the person has a prescription for an injectable epinephrine device or a bronchodilator rescue inhaler or has previously been diagnosed with an allergy or asthma:
      1. Administer an injectable epinephrine device or a bronchodilator rescue inhaler to the person; and
      2. Provide an injectable epinephrine device or a bronchodilator rescue inhaler to the person for immediate self-administration.
  5. An authorized entity that acquires and stocks a supply of injectable epinephrine devices or bronchodilator rescue inhalers with a valid prescription shall:
    1. Store the injectable epinephrine devices and bronchodilator rescue inhalers in accordance with manufacturer’s instructions and with any additional requirements established by the department; and
    2. Designate an employee or agent who holds a certificate issued under this section to be responsible for the storage, maintenance, and general oversight of injectable epinephrine devices and bronchodilator rescue inhalers acquired by the authorized entity.
  6. Any individual or entity who administers or provides an injectable epinephrine device to a person who is experiencing a severe allergic reaction shall contact the local emergency medical services system as soon as possible.
  7. Any individual or entity who acquires and stocks a supply of injectable epinephrine devices in accordance with this section shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of the injectable epinephrine devices acquired if a severe allergic reaction has occurred.

HISTORY: 2015 ch. 113, § 30, effective June 24, 2015; 2021 ch. 112, § 4.

311.647. Immunity from civil liability for rendering emergency care or treatment with epinephrine auto-injector.

  1. Any individual or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an epinephrine auto-injector shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
  2. The immunity from civil liability for any personal injury under subsection (1) of this section includes:
    1. A health-care practitioner who prescribes or authorizes the emergency use of the epinephrine auto-injector;
    2. A pharmacist who fills a prescription for the epinephrine auto-injector;
    3. A certified individual who provides or administers the epinephrine auto-injector;
    4. An authorized entity who stores or provides the epinephrine auto-injector to a certified individual or authorized noncertified individual; and
    5. An individual trainer or training entity providing the certified individual.
  3. The immunity from civil liability under subsection (1) of this section shall not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
  4. The requirements of KRS 311.646(6) shall not apply to any individual who provides or administers an epinephrine auto-injector if that individual is acting as a Good Samaritan under KRS 313.035 and 411.148 .

HISTORY: 2015 ch. 113, § 31, effective June 24, 2015.

Legislative Research Commission Notes.

(6/24/2015). 2015 Ky. Acts. ch. 113, sec. 32 provides that this statute and KRS 311.645 and 311.646 created in 2015 KY. Acts ch. 113, secs. 29, 30, and 31 may be cited as the “Emergency Allergy Treatment Act.”

311.647. Immunity from civil liability for rendering emergency care or treatment with epinephrine auto-injector.

  1. Any individual or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an injectable epinephrine device or a bronchodilator rescue inhaler shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
  2. The immunity from civil liability for any personal injury under subsection (1) of this section includes:
    1. A health-care practitioner who prescribes or authorizes the emergency use of the injectable epinephrine device or bronchodilator rescue inhaler;
    2. A pharmacist who fills a prescription for the injectable epinephrine device or bronchodilator rescue inhaler;
    3. A certified individual who provides or administers the injectable epinephrine devices or bronchodilator rescue inhaler;
    4. An authorized entity who stores or provides the injectable epinephrine device or bronchodilator rescue inhaler to a certified individual or authorized noncertified individual; and
    5. An individual trainer or training entity providing the certified individual.
  3. The immunity from civil liability under subsection (1) of this section shall not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
  4. The requirements of KRS 311.646(6) shall not apply to any individual who provides or administers an injectable epinephrine device or a bronchodilator rescue inhaler if that individual is acting as a Good Samaritan under KRS 313.035 and 411.148 .

HISTORY: 2015 ch. 113, § 31, effective June 24, 2015; 2021 ch. 112, § 5.

Paramedics

311.650. Definition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 211, § 7, effective June 17, 1978) was repealed by Acts 2000, ch. 343, § 27, effective July 14, 2000. For present law, see KRS 311A.010 et seq.

311.652. Current valid license required — Violation of law or regulation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 211, § 8, effective June 17, 1978; 2000, ch. 343, § 20, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6521. Definitions for KRS 311.652 to 311.658. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 1, effective July 14, 2000; 2001, ch. 17, § 1, effective June 21, 2001) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6522. Current valid certification as emergency medical technician required — Violation of law or administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 7, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6523. Kentucky Board of Emergency Medical Services — Members — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 2, effective July 14, 2000; 2001, ch. 17, § 2, effective June 21, 2001) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6524. Board to promulgate administrative regulations to carry out the functions of KRS 311.652 to 311.658. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 3, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6525. Legislative declaration of purpose of KRS 311.6526. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 4, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6526. Emergency Medical Services for Children Program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 5, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

Legislative Research Commission Note.

(7/15/2002). Under KRS 446.260 , the repeal of this section in 2002 Ky. Acts ch. 211 prevails over its amendment in 2002 Ky. Acts ch. 303.

311.653. Educational course concerning AIDS required for certification. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 443, § 60, effective July 13, 1990; 1998, ch. 426, § 539, effective July 15, 1998) was repealed, reenacted and amended as KRS 311A.115 by Acts 2002, ch. 211, § 45, effective July 15, 2002.

311.6531. Educational course concerning AIDS required for certification as emergency medical technician. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 10, effective July 14, 2000) was repealed, reenacted and amended as KRS 311A.120 by Acts 2002, ch. 211, § 46, effective July 15, 2002.

311.654. Administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 211, § 9, effective June 17, 1978; 1990, ch. 443, § 59, effective July 13, 1990; 1994, ch. 268, § 5, effective July 15, 1994; 1998, ch. 426, § 540, effective July 15, 1998; 2000, ch. 343, § 21, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6541. Administrative regulations — Certification and recertification procedures for emergency medical technicians and others. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 8, effective July 14, 2000; 2001, ch. 61, § 6, effective June 21, 2001) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.655. Ambulance providers to maintain supply of epinephrine and disposable needles — Protocols for use. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2002, ch. 160, § 2, effective July 15, 2002) was repealed by Acts 2003, ch. 150, § 17, effective June 24, 2003. For present law, see KRS 311A.195 .

311.656. Fees and charges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 211, § 10, effective June 17, 1978; 2000, ch. 343, § 22, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6561. Fees and charges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 9, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6563. Matching fund program to assist local units of government to purchase ambulances and equipment and provide for and educate trained emergency medical services personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 6, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.657. Residence requirement prohibited for response providers and licensed ambulance services — Response within specified time. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 2002, ch. 308, § 1, effective July 15, 2002) was repealed and reenacted as KRS 311A.027 by Acts 2003, ch. 150, § 5, effective June 24, 2003.

311.6577. Investigation and discipline of entities licensed by the board, paramedics, emergency medical technician first responders, and emergency medical technicians — Sanctions — Appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 19, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.6579. Certification and utilization of emergency medical technicians and first responders restricted. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 343, § 11, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

311.658. Services permitted — Supervision. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 211, § 11, effective June 17, 1978; 2000, ch. 343, § 23, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

Legislative Research Commission Note.

(7/15/2002). Under KRS 446.260 , the repeal of this section in 2002 Ky. Acts ch. 211 prevails over its amendment in 2002 Ky. Acts ch. 160.

311.660. Paramedic’s resuscitation protocol — Determination of death — Training — Procedures not deemed artificial maintenance of respiration and circulation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 497, § 1, effective July 15, 1998; 2000, ch. 343, § 24, effective July 14, 2000) was repealed by Acts 2002, ch. 211, § 50, effective July 15, 2002. For present law, see KRS 311A.010 et seq.

Automated External Defibrillators

311.665. Legislative intent for use of automated external defibrillators.

It is the intent of the legislature that an automated external defibrillator may be used for the purpose of saving the life of another person in cardiac arrest when used in accordance with the provisions of KRS 311.667 .

History. Enact. Acts 2000, ch. 16, § 1, effective July 14, 2000.

311.666. Definitions for KRS 311.665 to 311.669.

As used in KRS 311.665 to 311.669 , unless the context requires otherwise:

  1. “Automated external defibrillator” or “AED” means an external defibrillator capable of cardiac rhythm analysis which will charge and, with or without further operator action, deliver a shock after electronically detecting and assessing ventricular fibrillation or rapid ventricular tachycardia. These devices are known as fully or semiautomatic defibrillators;
  2. “Cardiopulmonary resuscitation” or “CPR” means a basic emergency procedure for life support, consisting of artificial respiration and manual external cardiac massage; and
  3. “Emergency medical services system” means the same as in KRS 311A.010 .

History. Enact. Acts 2000, ch. 16, § 2, effective July 14, 2000; 2002, ch. 211, § 39, effective July 15, 2002.

Legislative Research Commission Note.

(7/14/2000). In codification, a reference in subsection (3) to “KRS 211.950 ” has been changed to “KRS 311.6521 .” See 2000 Ky. Acts ch. 343, sec. 1.

311.667. Requirements for person or entity acquiring an automated external defibrillator.

In order to ensure public health and safety:

  1. A person or entity who acquires an AED shall ensure that:
    1. Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in CPR and AED use;
    2. The AED is maintained and tested according to the manufacturer’s operational guidelines;
    3. There is medical oversight of the AED program by a physician licensed in Kentucky to ensure compliance with requirements for training, maintenance, notification, and communication with the local emergency medical services system. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and
    4. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible and, if an entity with an AED program, reports any clinical use of the AED to the licensed physician.
  2. Any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of AED acquired.

History. Enact. Acts 2000, ch. 16, § 3, effective July 14, 2000.

311.668. Immunity from civil liability for user of automated external defibrillator — Exemption from KRS 311.667 for Good Samaritan.

  1. Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
  2. The immunity from civil liability for any personal injury under subsection (1) of this section includes the licensed physician who is involved with AED site placement, the person or entity who provides the CPR and AED site placement, the person or entity who provides the CPR and AED training, and the person or entity responsible for the site where the AED is located.
  3. The immunity from civil liability under subsection (1) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
  4. The requirements of KRS 311.667 shall not apply to any individual using an AED in an emergency setting if that individual is acting as a Good Samaritan under KRS 313.035 and 411.148 .

History. Enact. Acts 2000, ch. 16, § 4, effective July 14, 2000; 2010, ch. 85, § 21, effective July 15, 2010.

311.669. Professionals to whom KRS 311.665 to 311.669 does not apply — Licensing boards may require continuing education and training.

  1. The provisions of KRS 311.665 to 311.669 shall not apply to the use of an AED by:
    1. Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or chiropractors licensed under KRS Chapter 312;
    2. Physician assistants as defined in KRS 311.550 ;
    3. Registered nurses, practical nurses, or advanced practice registered nurses licensed under KRS Chapter 314;
    4. Dentists licensed under KRS Chapter 313; or
    5. Paramedics licensed, or first responders or emergency medical technicians certified, under KRS Chapter 311A.
  2. Nothing in this section shall preclude the licensing boards referred to in subsectio