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Kentucky

Baldwin's Kentucky Revised Statutes Annotated. Title V. Military Affairs, Chapter 39A. Statewide Emergency Management Programs

Statute Details
Printable Version
Citation: KY ST 39A.350 - 366

Citation: KRS 39A.350 - 366


Last Checked by Web Center Staff: 01/2014

Summary:   Kentucky’s Good Samaritan Act of 2007 applies to registered volunteer health practitioners that provide health services for a host entity during an emergency. “Health services” include treatment, care, advice, guidance, and provision of supplies related to the health or death of an animal or to animal populations.


Statute in Full:

39A.350 Definitions for KRS 39A.350 to 39A.366

39A.352 Volunteer health practitioners; application of KRS 39A.350 to 39A.366

39A.354 Regulation of practice of volunteer health practitioners during a medical emergency

39A.356 Operation of emergency system for advanced registration of volunteer health practitioners; relationship between Cabinet for Health and Family Services and other organizations; funding

39A.358 Volunteer practitioners to adhere to scope of practice for similarly licensed Kentucky practitioners

39A.360 Prohibition upon limitation of rights, privileges, or immunities provided to volunteer practitioners under other laws; KRS 39A.350 to 39A.366 not to affect requirements of the Emergency Management Assistance Compact

39A.362 Administrative regulations for implementation of KRS 39A.350 to 39A.366; consultation among Cabinet for Health and Family Services, Kentucky Division of Emergency Management, and similarly empowered agencies in other states

39A.364 Application and construction of KRS 39A.350 to 39A.366; need to promote uniformity of laws among enacting states

39A.366 Good Samaritan Act of 2007; short title for KRS 39A.350 to 39A.366

 



 

39A.350 Definitions for KRS 39A.350 to 39A.366

As used in KRS 39A.350 to 39A.366:

(1) “Disaster relief organization” means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that:

(a) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Kentucky Division of Emergency Management; or

(b) Regularly plans and conducts its activities in coordination with an agency of the federal government or the Kentucky Division of Emergency Management;

(2) “Emergency” has the same meaning as used in KRS 39A.020;

(3) “Emergency declaration” has the same meaning as “declared emergency” as used in KRS 39A.020;

(4) “Emergency Management Assistance Compact” means the interstate compact established under KRS 39A.950;

(5) “Health facility” has the same meaning as used in KRS 216B.015;

(6) “Health practitioner” means an individual licensed under the laws of this or another state to provide health services;

(7) “Health services” means:

(a) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:

1. The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

a. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and

b. Counseling, assessment, procedures, or other services;

2. Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and

3. Funeral, cremation, cemetery, or other mortuary services; or

(b) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:

1. Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;

2. Use of a procedure for reproductive management; and

3. Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;

(8) “Host entity” means an entity operating in this state which uses volunteer health practitioners to respond to an emergency;

(9) “License” means authorization by a state to engage in health services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity;

(10) “Scope of practice” means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority; and

(11) “Voluntary health practitioner” means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.

Credits
HISTORY: 2007 c 96, § 1, eff. 6-26-07

 

39A.352 Volunteer health practitioners; application of KRS 39A.350 to 39A.366

KRS 39A.350 to 39A.366 shall apply to volunteer health practitioners registered with a registration system that complies with KRS 39A.356 and who provide health services in this state for a host entity while an emergency declaration is in effect.

Credits
HISTORY: 2007 c 96, § 2, eff. 6-26-07

 

39A.354 Regulation of practice of volunteer health practitioners during a medical emergency

(1) While an emergency declaration is in effect, the Cabinet for Health and Family Services in coordination with the Kentucky Division of Emergency Management and the appropriate Kentucky licensure boards may regulate:

(a) The duration and scope of practice by volunteer health practitioners;

(b) The geographical areas in which volunteer health practitioners may practice;

(c) The types of volunteer health practitioners who may practice; and

(d) Any other matters necessary to coordinate effectively the provision of health services during the emergency.

(2) An order issued pursuant to subsection (1) of this section may take effect immediately, without prior notice or comment.

(3) A host entity that uses volunteer health practitioners to provide health services in this state shall:

(a) Consult and coordinate its activities with the Cabinet for Health and Family Services to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and

(b) Comply with any laws relating to the management of emergency health services, in addition to KRS 39A.350 to 39A.366.

Credits
HISTORY: 2007 c 96, § 3, eff. 6-26-07

 

39A.356 Operation of emergency system for advanced registration of volunteer health practitioners; relationship between Cabinet for Health and Family Services and other organizations; funding

(1) The Cabinet for Health and Family Services shall operate the emergency system for advanced registration of volunteer health practitioners. The system shall:

(a) Accept applications for the registration of volunteer health practitioners before or during an emergency;

(b) Include information about the licensure and good standing of healthpractitioners that is accessible by authorized persons; and

(c) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under KRS 39A.350 to 39A.366.

(2) The following organizations may maintain a list consisting of trained and equipped emergency response, public health, and medical personnel:

(a) Local units formed under Section 300hh of Title 42 of the United States Code;

(b) Disaster relief organizations;

(c) Licensing boards;

(d) National or regional associations of licensing boards of health practitioners;

(e) Health facilities that provide comprehensive inpatient and outpatient health-care services, including a tertiary care and teaching hospital; or

(f) Governmental entities.

(3) The organizations listed in subsection (2) of this section shall develop a collaborative relationship with the cabinet for the purposes of KRS 39A.350 to 39A.366 and for the purposes of being recognized by the cabinet as a voluntary response resource.

(4) The cabinet may receive state appropriations, gifts, grants, federal funds, and any other public or private funds to establish or maintain the registration system established in subsection (1) of this section.

(5) While an emergency declaration is in effect, representatives of the Cabinet for Health and Family Services or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with the registration system that complies with subsection (1) of this section. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.

(6) Upon request of a person in this state authorized under subsection (2) of this section, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.

Credits
HISTORY: 2007 c 96, § 4, eff. 6-26-07

 

39A.358 Volunteer practitioners to adhere to scope of practice for similarly licensed Kentucky practitioners

A volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.

Credits
HISTORY: 2007 c 96, § 5, eff. 6-26-07

 

39A.360 Prohibition upon limitation of rights, privileges, or immunities provided to volunteer practitioners under other laws; KRS 39A.350 to 39A.366 not to affect requirements of the Emergency Management Assistance Compact

(1) KRS 39A.350 to 39A.366 shall not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than KRS 39A.350 to 39A.366.

(2) KRS 39A.350 to 39A.366 shall not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.

Credits
HISTORY: 2007 c 96, § 6, eff. 6-26-07

 

39A.362 Administrative regulations for implementation of KRS 39A.350 to 39A.366; consultation among Cabinet for Health and Family Services, Kentucky Division of Emergency Management, and similarly empowered agencies in other states

The Cabinet for Health and Family Services may promulgate administrative regulations to implement KRS 39A.350 to 39A.366. In doing so, the Cabinet for Health and Family Services shall consult with and consider the recommendations of the Kentucky Division of Emergency Management and shall also consult with and consider administrative regulations promulgated by similarly empowered agencies in other states to promote uniformity of application of KRS 39A.350 to 39A.366 and make the emergency response systems in the various states reasonably compatible.

Credits
HISTORY: 2007 c 96, § 7, eff. 6-26-07

 

39A.364 Application and construction of KRS 39A.350 to 39A.366; need to promote uniformity of laws among enacting states

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Credits
HISTORY: 2007 c 96, § 8, eff. 6-26-07

 

39A.366 Good Samaritan Act of 2007; short title for KRS 39A.350 to 39A.366

KRS 39A.350 to 39A.366 shall be known as the Good Samaritan Act of 2007.

Credits
HISTORY: 2007 c 96, § 9, eff. 6-26-07

 



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