DISEASES

KRS tit. XVIII, ch. 214

in effect

KRS 214.010 Physicians and heads of families to report diseases to local board of health

214.010. Physicians and heads of families to report diseases to local board of health Every physician and advanced practice registered nurse shall report all diseases designated by administrative regulation of the Cabinet for Health and Family Services as reportable which are under his or her special treatment to the local board of health of his or her county, and every head of a family shall report any of the designated diseases, when known by him or her to exist in his or her family, to the local board or to some member thereof in accordance with the administrative regulations of the Cabinet for Health and Family Services. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 72, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 446, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 393, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (3). -- Amended 1968 Ky. Acts ch. 87, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2055.

KRS 214.015 Reporting of authorized or required immunization

214.015. Reporting of authorized or required immunization Any health care provider that administers or supervises an immunization authorized under this chapter or otherwise required by the Department for Public Health shall report information about the immunization upon request by, or as required by, the department. The department shall direct the method of reporting and the entity that will receive the report in an administrative regulation promulgated by the department in accordance with KRS Chapter 13A. The department shall not require any reporting of information contrary to the requirements of the federal Health Insurance Portability and Accountability Act of 1996. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 93, sec. 1, effective July 13, 2004.

KRS 214.017 Caregiver of individual with diabetes may administer or assist with self- administration of diabetes medications if the caregiver is appropriately trained and has the written authorization of the individual's health care practitioner

214.017. Caregiver of individual with diabetes may administer or assist with self- administration of diabetes medications if the caregiver is appropriately trained and has the written authorization of the individual's health care practitioner (1) The caregiver of an individual who has diabetes may administer or assist with the self-administration of the medication listed under subsection (2) of this section if the caregiver: (a) Has been trained to administer insulin and glucagon, recognize the signs and symptoms of hypoglycemia and hyperglycemia, and take appropriate steps to respond to these symptoms by: 1. A physician who is licensed under the provisions of KRS Chapter 311; 2. An advanced practice registered nurse, registered nurse, or licensed practical nurse who is licensed under the provisions of KRS Chapter 314; or 3. Any other health care professional with diabetes treatment within his or her scope of practice; and (b) Has the written authorization of the health care practitioner for an individual who has diabetes. The written authorization shall contain the following information: 1. The individual's name; 2. The name and purpose of the medication; 3. The prescribed dosage; 4. The route of administration; 5. The frequency with which the medication may be administered; and 6. The circumstances under which the medication may be administered. (2) A caregiver of an individual who has diabetes who meets the criteria under subsection (1) of this section may administer or assist with the self-administration of: (a) Glucagon subcutaneously, to individuals with diabetes who are experiencing hypoglycemia or other conditions noted in the health care practitioner's written statement under subsection (1)(b) of this section; and (b) Insulin subcutaneously, through the insulin delivery method used by the individual and at the times and under the conditions noted in the health care practitioner's written statement under subsection (1)(b) of this section. (3) The written authorization required under subsection (1)(b) of this section shall be kept on file by the authorizing health care practitioner. (4) The health care practitioner or the caregiver shall inform the individual who has diabetes or the individual's guardian that the health care practitioner, the caregiver, or his or her employer shall not incur any liability as a result of any injury sustained by the individual from any reaction to any medication listed under subsection (2) of this section to treat a hypoglycemic or hyperglycemic episode or its administration, unless the injury is the result of negligence or misconduct on behalf of the health care practitioner, the caregiver, or his or her employer. The individual or guardian of the individual shall sign a written statement acknowledging that the health care practitioner, the caregiver, or his or her employer shall incur no liability except as provided in this subsection, and the individual or guardian of the individual shall hold harmless the health care practitioner, the caregiver, or his or her employer against any claims made for any reaction to any medication listed under subsection (2) of this section to treat a hypoglycemic or hyperglycemic episode or its administration if the reaction is not due to negligence or misconduct on behalf of the health care practitioner, the caregiver, or his or her employer. (5) Notwithstanding any other provision of the law to the contrary: (a) The administration of the medications listed under subsection (2) of this section by an authorized caregiver shall not constitute the practice of nursing and shall be exempt from all applicable statutory and regulatory provisions that restrict the activities that may be delegated to or performed by a person who is not a licensed health care professional; and (b) A licensed health care professional may provide training to or supervise a caregiver in the administration of the medications listed under subsection (2) of this section. Effective: April 7, 2014 History: Created 2014 Ky. Acts ch. 46, sec. 1, effective April 7, 2014.

KRS 214.020 Cabinet to adopt administrative regulations and take other action to prevent spread of disease -- Requirements for administrative regulations

214.020. Cabinet to adopt administrative regulations and take other action to prevent spread of disease -- Requirements for administrative regulations (1) When the Cabinet for Health and Family Services determines that an infectious or contagious disease will invade this state, it shall take necessary action and promulgate administrative regulations under KRS Chapter 13A to prevent the introduction or spread of such infectious or contagious disease or diseases within this state. (2) Any administrative regulation promulgated under the authority of this section shall: (a) Be in effect no longer than thirty (30) days if the administrative regulation: 1. Places restrictions on the in-person meeting or functioning of the following: a. Elementary, secondary, or postsecondary educational institutions; b. Private businesses or non-profit organizations; c. Political, religious, or social gatherings; d. Places of worship; or e. Local governments; or 2. Imposes mandatory quarantine or isolation requirements; (b) Include the penalty, appeal, and due process rights for violations of the administrative regulation; and (c) Contain the public hearing and written comment period notice required by KRS 13A.270. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 22, effective February 2, 2021. -- Amended 2005 Ky. Acts ch. 99, sec. 447, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 394, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Amended 1968 Ky. Acts ch. 87, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2049, 2056.

KRS 214.032 Definition for KRS 158.035, 214.010, 214.020, and 214.032 to 214.036

214.032. Definition for KRS 158.035, 214.010, 214.020, and 214.032 to 214.036 As used in KRS 158.035, 214.010, 214.020, and 214.032 to 214.036 the term "child" means a person under eighteen (18) years of age. History: Amended 1968 Ky. Acts ch. 87, sec. 1. -- Created 1962 Ky. Acts ch. 95, sec. 1.

KRS 214.034 Immunization of children -- Testing and treatment of children for tuberculosis -- Requirement for reception and retention of current immunization certificate by schools and child-care facilities

214.034. Immunization of children -- Testing and treatment of children for tuberculosis -- Requirement for reception and retention of current immunization certificate by schools and child-care facilities Except as otherwise provided in KRS 214.036: (1) All parents, guardians, and other persons having care, custody, or control of any child shall have the child immunized against diphtheria, tetanus, poliomyelitis, pertussis, measles, rubella, mumps, hepatitis B, and haemophilis influenzae disease in accordance with testing and immunization schedules established by regulations of the Cabinet for Health and Family Services. Additional immunizations may be required by the Cabinet for Health and Family Services through the promulgation of an administrative regulation pursuant to KRS Chapter 13A if recommended by the United States Public Health Service or the American Academy of Pediatrics. All parents, guardians, and other persons having care, custody, or control of any child shall also have any child found to be infected with tuberculosis examined and treated according to administrative regulations of the Cabinet for Health and Family Services promulgated under KRS Chapter 13A. The persons shall also have booster immunizations administered to the child in accordance with the regulations of the Cabinet for Health and Family Services. (2) A local health department may, with the approval of the Department of Public Health, require all first-time enrollees in a public or private school within the health department's jurisdiction to be tested for tuberculosis prior to entering school. Following the first year of school, upon an epidemiological determination made by the state or local health officer in accordance with administrative regulations promulgated by the Cabinet for Health and Family Services, all parents, guardians, and other persons having care, custody, or control of any child shall have the child tested for tuberculosis, and shall have any child found to be infected with tuberculosis examined and treated according to administrative regulations of the Cabinet for Health and Family Services. Nothing in this section shall be construed to require the testing for tuberculosis of any child whose parent or guardian is opposed to such testing, and who objects by a written sworn statement to the testing for tuberculosis of the child on religious grounds. However, in a suspected case of tuberculosis, a local health department may require testing of this child. (3) All public or private primary or secondary schools, and preschool programs shall require a current immunization certificate for any child enrolled as a regular attendee, as provided by administrative regulation of the Cabinet for Health and Family Services, promulgated under KRS Chapter 13A, to be on file within two (2) weeks of the child's attendance. (4) All public or private primary schools shall require a current immunization certificate for hepatitis B for any child enrolled as a regular attendee in the sixth grade, as provided by administrative regulation of the Cabinet for Health and Family Services, promulgated under KRS Chapter 13A, to be on file within two (2) weeks of the child's attendance. (5) For each child cared for in a day-care center, certified family child-care home, or any other licensed facility which cares for children, a current immunization certificate, as provided by administrative regulation of the Cabinet for Health and Family Services, promulgated under KRS Chapter 13A, shall be on file in the center, home, or facility within thirty (30) days of entrance into the program or admission to the facility. (6) Any forms relating to exemption from immunization requirements shall be available at public or private primary or secondary schools, preschool programs, day-care centers, certified family child-care homes, or other licensed facilities which care for children. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 124, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 448, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 349, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 302, sec. 1, effective July 15, 1998; and ch. 426, sec. 395, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 306, sec. 1, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 271, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 14, sec. 1; and ch. 128, sec. 4. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (3). -- Amended 1972 Ky. Acts ch. 341, sec. 2. -- Amended 1968 Ky. Acts ch. 87, sec. 2. -- Created 1962 Ky. Acts ch. 95, sec. 2. Legislative Research Commission Note (7/15/98). A reference in this statute to the former Department of Health Services has been changed to the Department of Public Health under 1998 Ky. Acts ch. 426, sec. 629, and KRS 7.136(2).

KRS 214.036 Exceptions to testing or immunization requirement

214.036. Exceptions to testing or immunization requirement (1) Nothing contained in KRS 158.035, 214.010, 214.020, 214.032 to 214.036, and 214.990 shall be construed to require: (a) The testing for tuberculosis or the immunization of any child at a time when, in the written opinion of his or her attending health care provider, such testing or immunization would be injurious to the child's health; (b) The immunization of any child whose parents or guardian are opposed to medical immunization against disease, and who object by a written sworn statement to the immunization of such child based on religious grounds; or (c) The immunization of any emancipated minor or adult who is opposed to medical immunization against disease, and who objects by a written sworn statement to the immunization based on religious grounds. (2) In the event of an epidemic in a given area, the Cabinet for Health and Family Services may require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic, except that any administrative regulation promulgated pursuant to KRS Chapter 13A, administrative order issued by the cabinet or a local public health department, or executive order issued pursuant to KRS Chapter 39A requiring such immunization shall not include: (a) The immunization of any child or adult for whom, in the written opinion of his or her attending health care provider, such testing or immunization would be injurious to his or her health; (b) The immunization of any child whose parents or guardians are opposed to medical immunization against disease and who object by a written sworn statement to the immunization based on religious grounds or conscientiously held beliefs; or (c) The immunization of any emancipated minor or adult who is opposed to medical immunization against disease, and who objects by a written sworn statement to the immunization based on religious grounds or conscientiously held beliefs. (3) The cabinet shall: (a) Develop and make available on its Web site a standardized form relating to exemptions in this section from the immunization requirements; and (b) Accept a completed standardized form when submitted. Effective: September 9, 2021 History: Amended 2021 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 9, effective September 9, 2021. -- Amended 2021 Ky. Acts ch. 147, sec. 1, effective March 28, 2021. -- Amended 2005 Ky. Acts ch. 99, sec. 449, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 396, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 55, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 128, sec. 4. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Amended 1968 Ky. Acts ch. 87, sec. 4. -- Created 1962 Ky. Acts ch. 95, sec. 4.

KRS 214.155 Screening and tests for heritable disorders for newborns and infants -- Screening for critical congenital heart disease -- Information provided to parent or guardian -- Application for federal grants -- Short title

214.155. Screening and tests for heritable disorders for newborns and infants -- Screening for critical congenital heart disease -- Information provided to parent or guardian -- Application for federal grants -- Short title (1) The Cabinet for Health and Family Services shall operate a newborn screening program for heritable and congenital disorders that includes but is not limited to procedures for conducting initial newborn screening tests on infants twenty -eight (28) days or less of age and definitive diagnostic evaluations provided by a state university-based specialty clinic for infants whose initial screening tests resulted in a positive test. The secretary of the cabinet shall, by administrative regulation promulgated pursuant to KRS Chapter 13A: (a) Prescribe the times and manner of obtaining a specimen and transferring a specimen for testing; (b) Prescribe the manner of procedures, testing specimens, and recording and reporting the results of newborn screening tests; and (c) Establish and collect fees to support the newborn screening program. (2) The administrative officer or other person in charge of each health facility caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS 21 3.046 shall register the birth of a child and cause to have administered to every such infant or child in his, her, or the facility's care tests for heritable disorders, including but not limited to phenylketonuria (PKU), sickle cell disease, congenital hy pothyroidism, galactosemia, medium -chain acyl-CoA dehydrogenase deficiency (MCAD), very long -chain acyl-CoA deficiency (VLCAD), short-chain acyl-CoA dehydrogenase deficiency (SCAD), maple syrup urine disease (MSUD), congenital adrenal hyperplasia (CAH), biotinidase disorder, cystic fibrosis (CF), 3-methylcrotonyl-CoA carboxylase deficiency (3MCC), 3-OH 3-CH3 glutaric aciduria (HMG), argininosuccinic acidemia (ASA), beta-ketothiolase deficiency (BKT), carnitine uptake defect (CUD), citrullinemia (CIT), glutaric acidemia type I (GA I), Hb S/beta -thalassemia (Hb S/Th), Hb S/C disease (Hb S/C), homocystinuria (HCY), isovaleric acidemia (IVA), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCAD), methylmalonic acidemia (Cbl A,B), methylmalonic acidemia muta se deficiency (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PA), trifunctional protein deficiency (TFP), tyrosinemia type I (TYR I), spinal muscular atrophy (SMA), and krabbe disease. The listing of tests for heritable disorders to be performed shall include all conditions consistent with the recommendations of the American College of Medical Genetics. (3) The administrative officer or other person in charge of each health facility caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS 213.046 shall register the birth of a child and cause to have administered to every such infant or child in his, her, or the facility's care a screening for critical congenital heart disease (C CHD) prior to discharge unless CCHD has been ruled out or diagnosed with prior echocardiogram or prenatal diagnosis of CCHD. (4) Each health care provider of newborn care shall provide an infant's parent or guardian with information about the newborn scree ning tests required under subsections (2) and (3) of this section. The health facility or health care provider shall arrange for appropriate and timely follow-ups to the newborn screening tests, including but not limited to additional diagnoses, evaluation, and treatment when indicated. (5) Nothing in this section shall be construed to require the testing of any child whose parents are members of a nationally recognized and established church or religious denomination, the teachings of which are opposed to medical tests, and who object in writing to the testing of his or her child on that ground. (6) The cabinet shall make available the names and addresses of health care providers, including but not limited to physicians, nurses, and nutritionists, who may provide postpartum home visits to any family whose infant or child has tested positive for a newborn screening test. (7) A parent or guardian shall be provided information by the health facility or health care provider of newborn care about the availability and costs of screening tests not specified in subsections (2) and (3) of this section. The parent or guardian shall be responsible for costs relating to additional screening tests performed under this subsection, and these costs shall not be included in the fees established for the cabinet's newborn screening program under subsection (1) of this section. All positive results of additional screening of these tests shall be reported to the cabinet by the health facility or health care provider. (8) (a) For the purposes of this subsection, a qualified laboratory means a clinical laboratory not operated by the cabinet that is accredited pursuant to 42 U.S.C. sec. 263a, licensed to perform newborn screening testing in any state, and reports its screening results using normal pediatric reference ranges. (b) The cabinet shall enter into agreements with public or private qualified laboratories to perform newborn screening tests if the laboratory operated by the cabinet is unable to screen for a condition specified in subsection (2) of this section. (c) The cabinet may enter into agreements with public or private qualified laboratories to perform testing for conditions not specified in subsection (2) of this section. Any agreement entered into under this paragraph shall not preclude a health facility or health care provider from conducting newborn screening tests for conditions not specified in subsections (2) and (3) of this section by utilizing other public or private qualified laboratories. (9) The secretary for health and family services or his or her designee shall apply for any federal funds or grants available through the Public Health Service Act and may solicit and accept private funds to expand, improve, or evaluate programs to provide screening, counseling, testing, or specialty services for newborns or children at risk for heritable disorders. (10) As used in this section, "health facility" has the same meaning as in KRS 216B.015. (11) This section shall be cited as the James William Lazzaro and Madison Leigh Heflin Newborn Screening Act. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 9, effective June 27, 2025. -- Amended 2020 Ky. Acts ch. 55, sec. 1, effective July 15, 2020. -- Amended 2015 Ky. Acts ch. 6, sec. 1, effective June 24, 2015. -- Amended 2013 Ky. Acts ch. 24, sec. 1, effective January 1, 2014. -- Amended 2006 Ky. Acts ch. 180, sec. 1, effective July 12, 2006. - - Amended 2005 Ky. Acts ch. 66, sec. 1, effective March 11, 2005; and ch. 99, sec. 450, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 31, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 457, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 397, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 369, sec. 35, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 277, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 447, sec. 2, effective April 11, 1986. --Amended 1982 Ky. Acts ch. 39, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(2). -- Created 1966 Ky. Acts ch. 45, sec. 1. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 6, sec. 2 provides that the amendments to this statute made in 2015 Ky. Acts ch. 6, sec. 1 may be cited as the "Anna Claire Taylor Law." Legislative Research Commission Note (6/20/05). Under 2005 Ky. Acts ch. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the extent those changes do not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts ch. 66 prevails over a name change made in Acts ch. 99. Legislative Research Commission Note (3/11/05). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 214.160 Blood specimen of pregnant women to be taken -- Laboratory test -- Substance abuse tests of pregnant women and newborn infants -- Use of tests -- Report if infant is affected by substance abuse withdrawal symptoms -- Tests for presence of hepatitis B and hepatitis C

214.160. Blood specimen of pregnant women to be taken -- Laboratory test -- Substance abuse tests of pregnant women and newborn infants -- Use of tests -- Report if infant is affected by substance abuse withdrawal symptoms -- Tests for presence of hepatitis B and hepatitis C (1) Every physician and every other person legally permitted to engage in attendance upon a pregnant woman in this state shall take or cause to be taken from the woman a specimen of blood for serological test for syphilis as soon as he is engaged to attend the woman and has reasonable grounds for suspecting that pregnancy exists. If the woman is in labor at the time the diagnosis of pregnancy is made, which may make it inadvisable to obtain a blood specimen at that time, the specimen shall be obtained within ten (10) days after delivery. The specimen of blood shall be submitted to the laboratory of the Cabinet for Health and Family Services or a laboratory approved by the cabinet for the purpose of having made a serological test for syphilis. The test shall be of a type approved by the Cabinet for Health and Family Services. (2) The Cabinet for Health and Family Services shall, as often as necessary, publish a list of the five (5) most frequently abused substances, including alcohol, by pregnant women in the Commonwealth. Any physician and any other person legally permitted to engage in attendance upon a pregnant woman in this state may perform a screening for alcohol or substance dependency or abuse, including a comprehensive history of such behavior. Any physician may administer a toxicology test to a pregnant woman under the physician's care within eight (8) hours after delivery to determine whether there is evidence that she has ingested alcohol, a controlled substance, or a substance identified on the list provided by the cabinet, or if the woman has obstetrical complications that are a medical indication of possible use of any such substance for a nonmedical purpose. (3) Any physician or person legally permitted to engage in attendance upon a pregnant woman may administer to each newborn infant born under that person's care a toxicology test to determine whether there is evidence of prenatal exposure to alcohol, a controlled substance, or a substance identified on the list provided by the Cabinet for Health and Family Services, if the attending person has reason to believe, based on a medical assessment of the mother or the infant, that the mother used any such substance for a nonmedical purpose during the pregnancy. (4) The circumstances surrounding any positive toxicology finding shall be evaluated by the attending person to determine if abuse or neglect of the infant, as defined under KRS 600.020(1), shall be reported to the state's child protective services agency. (5) An infant affected by substance abuse withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder shall be reported to the state's child protective services agency in accordance with 42 U.S.C. sec. 5106a. (6) No prenatal screening for alcohol or other substance abuse or positive toxicology finding shall be used as prosecutorial evidence. (7) No person shall conduct or cause to be conducted any toxicological test pursuant to this section on any pregnant woman without first informing the pregnant woman of the purpose of the test. (8) Every physician or other person legally permitted to engage in attendance upon a pregnant woman in the Commonwealth shall take or cause to be taken from the woman a specimen of blood which shall be submitted for the purpose of serologic testing for the presence of hepatitis B surface antigen to a laboratory certified by the United States Department for Health and Human Services pursuant to Section 333 of the Public Health Service Act (42 U.S.C. sec. 263a), as revised by the Clinical Laboratory Improvement Amendments (CLIA), Pub.L. 100-578. (9) (a) Every physician or other person legally permitted to engage in attendance upon a pregnant woman in the Commonwealth shall take or cause to be taken from the woman a specimen of blood which shall be submitted for the purpose of serologic testing for the presence of hepatitis C virus antibodies and RNA in the blood. (b) The results of this testing shall be recorded by the physician or other person legally permitted to engage in attendance upon a pregnant woman in the Commonwealth, in: 1. The permanent medical record of the woman; and 2. The permanent medical record of the child or children she was pregnant with at the time of the testing after the child or children are born. (c) If the woman receives a test result that shows she is positive for hepatitis C virus antibodies or RNA, the physician or other person legally permitted to engage in attendance upon a pregnant woman in the Commonwealth shall orally inform and clearly document the woman or the legal guardian of the child or children she was pregnant with at the time of the testing, that it is recommended that serologic testing for the presence of hepatitis C virus antibodies and confirmation RNA in the blood be conducted on the child or children she was pregnant with at the time of the testing at the twenty-four (24) month recommended well baby pediatric check-up. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 33, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 125, sec. 1, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 451, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 79, sec. 1, effective July 15, 1998; and ch. 426, sec. 398, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 442, sec. 3, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 146, sec. 1, effective June 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062b-5. Legislative Research Commission Note (7/14/2018). Under the authority of KRS 7.136(1), the Reviser of Statutes has altered the format of the text in subsection (8) of this statute during codification. The words in the text were not changed.

KRS 214.170 Person taking to identify blood specimen -- Reports of tests

214.170. Person taking to identify blood specimen -- Reports of tests Every physician or other person who takes or causes to be taken from a woman in pregnancy, or suspected pregnancy, a blood specimen for serological tests for syphilis, shall identify the specimen as being from a pregnant woman submitting it for tests. The laboratory shall report the result of the test if reactive on forms prepared and furnished by the Cabinet for Health and Family Services to the Cabinet for Health and Family Services not later than one (1) week after the examination is made. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 452, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 399, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Amended 1972 Ky. Acts ch. 157, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062b- 6.

KRS 214.175 Anonymous surveys of substance abuse during pregnancy -- Participation -- Confidentiality -- Funding

214.175. Anonymous surveys of substance abuse during pregnancy -- Participation -- Confidentiality -- Funding (1) The Cabinet for Health and Family Services may conduct periodic anonymous surveys to determine the prevalence within the Commonwealth of drug and alcohol use during pregnancy. These periodic surveys may include, but are not limited to, toxicology tests to determine the presence of alcohol, controlled substances, or other drugs which have not been prescribed due to medical necessity. (2) All hospitals and any other health facilities licensed pursuant to KRS Chapter 216B which provide for obstetrical services, including delivery of newborn infants, shall, as a condition of licensure, participate in any periodic surveys conducted by the Cabinet for Health and Family Services for the purposes of determining the prevalence of alcohol or other substance abuse among pregnant women and newborn infants. (3) Any surveys conducted pursuant to this section shall be conducted according to guidelines established by the Cabinet for Health and Family Services. The toxicology test may be performed without a physician's order and without patient or parental consent. For the purpose of this section any toxicology test performed shall be considered medically necessary. (4) The results of any individual toxicology tests performed pursuant to this section shall remain confidential and shall only be released to the Cabinet for Health and Family Services. Any results shall be collected and compiled in aggregate form without the name of the hospital, patient, or other means of identifying the individual subject of the test. (5) No test result obtained pursuant to this section shall be admissible in any court or other hearing as evidence in any proceeding, criminal or civil, against the individual subject of the test. (6) No hospital shall incur any liability, except for negligence, for performing any test required or authorized under KRS 214.160 and 214.175 or for reporting the result of the test pursuant to any administrative regulation promulgated by the Cabinet for Health and Family Services under KRS Chapter 13A in accordance with this section. (7) The cabinet may use any state appropriation and any gifts, grants, or federal funds that become available for the purposes of implementing the provisions of this section. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 453, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 400, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 442, sec. 4, effective July 14, 1992.

KRS 214.181 Legislative findings -- General consent to testing for HIV -- Emergency procedures -- Disclosures of test results -- Voluntary testing programs in each county

214.181. Legislative findings -- General consent to testing for HIV -- Emergency procedures -- Disclosures of test results -- Voluntary testing programs in each county (1) The General Assembly finds that the use of tests designed to reveal a condition indicative of human immunodeficiency virus (HIV) infection can be a valuable tool in protecting the public health. The General Assembly finds that knowledge of HIV status is increasingly important for all persons since treatment using antiretroviral medications can slow disease progression, prolong and improve the lives of HIV- positive individuals, and reduce the likelihood of perinatal mother-to-child transmission. Many members of the public are deterred from seeking testing because they misunderstand the nature of the test or fear that test results will be disclosed without their consent. The General Assembly finds that the public health will be served by facilitating informed, voluntary, and confidential use of tests designed to detect human immunodeficiency virus infection. (2) A person who has signed a general consent form for the performance of medical procedures and tests is not required to also sign or be presented with a specific consent form relating to medical procedures or tests to determine human immunodeficiency virus infection, antibodies to human immunodeficiency virus, or infection with any other causative agent of acquired immunodeficiency syndrome that will be performed on the person during the time in which the general consent form is in effect. However, a general consent form shall instruct the patient that, as part of the medical procedures or tests, the patient may be tested for human immunodeficiency virus infection, hepatitis, or any other blood-borne infectious disease if a doctor or advanced practice registered nurse orders the test for diagnostic purposes. Except as otherwise provided in subsection (5)(d) of this section, the results of a test or procedure to determine human immunodeficiency virus infection, antibodies to human immunodeficiency virus, or infection with any probable causative agent of acquired immunodeficiency syndrome performed under the authorization of a general consent form shall be used only for diagnostic or other purposes directly related to medical treatment. (3) In any emergency situation where informed consent of the patient cannot reasonably be obtained before providing health-care services, there is no requirement that a health-care provider obtain a previous informed consent. (4) The physician or advanced practice registered nurse who orders the test pursuant to subsections (1) and (2) of this section, or the attending physician, or designee, shall be responsible for informing the patient of the results of the test if the test results are positive for human immunodeficiency virus infection. If the tests are positive, the physician or advanced practice registered nurse or designee, shall also be responsible for either: (a) Providing information and counseling to the patient concerning his infection or diagnosis and the known medical implications of such status or condition; or (b) Referring the patient to another appropriate professional or health-care facility for the information and counseling. (5) (a) No person in this state shall perform a test designed to identify the human immunodeficiency virus, or its antigen or antibody, without first obtaining the informed consent of the person upon whom the test is being performed, except as specified in subsections (2) and (3) of this section. (b) No test result shall be determined as positive, and no positive test result shall be revealed to any person, without corroborating or confirmatory tests being conducted. (c) 1. Nothing in this subsection shall be construed as prohibiting the disclosure to the patient of preliminary positive results from HIV rapid tests if results are delivered with an explanation of the following: a. The meaning of a reactive rapid test; b. The importance of confirmatory testing; and c. The importance of taking precautions to reduce the risk of infecting others while awaiting the results of confirmatory testing. 2. In special cases where immediate actions may be necessary to protect a patient, such as potential perinatal transmission or incidents warranting post-exposure prophylaxis, a preliminary positive result from a HIV rapid test may be disclosed to the patient and used as a basis to recommend options for prophylaxis or treatment. (d) No person who has obtained or has knowledge of a test result pursuant to this section shall disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of the test in a manner which permits identification of the subject of the test, except to the following persons: 1. The subject of the test or the subject's legally authorized representative; 2. Any person designated in a legally effective release of the test results executed prior to or after the test by the subject of the test or the subject's legally authorized representative; 3. A physician, nurse, or other health-care personnel who has a legitimate need to know the test result in order to provide for his protection and to provide for the patient's health and welfare; 4. Health-care providers consulting between themselves or with health-care facilities to determine diagnosis and treatment; 5. The cabinet, in accordance with rules for reporting and controlling the spread of disease, as otherwise provided by state law; 6. A health facility or health-care provider which procures, processes, distributes, or uses: a. A human body part from a deceased person, with respect to medical information regarding that person; or b. Semen provided prior to the effective date of this section for the purpose of artificial insemination; 7. Health facility staff committees, for the purposes of conducting program monitoring, program evaluation, or service reviews; 8. Authorized medical or epidemiological researchers who shall not further disclose any identifying characteristics or information; 9. A person allowed access by a court order that is issued in compliance with the following provisions: a. No court of this state shall issue an order to permit access to a test for human immunodeficiency virus performed in a medical or public health setting to any person not authorized by this section or by KRS 214.420. A court may order an individual to be tested for human immunodeficiency virus only if the person seeking the test results has demonstrated a compelling need for the test results which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for testing and disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure which deters blood, organ, and semen donation and future human- immunodeficiency-virus-related testing or which may lead to discrimination. This paragraph shall not apply to blood bank donor records; b. Pleadings pertaining to disclosure of test results shall substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name shall be communicated confidentially, in documents not filed with the court; c. Before granting any order, the court shall provide the individual whose test result is in question with notice and a reasonable opportunity to participate in the proceedings if he or she is not already a party; d. Court proceedings as to disclosure of test results shall be conducted in camera, unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice; e. Upon the issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. No person to whom the results of a test have been disclosed shall disclose the test results to another person except as authorized by this subsection. When disclosure is made pursuant to this subsection, it shall be accompanied by a statement in writing that includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied by oral notice and followed by a written notice within ten (10) days. (6) (a) The Cabinet for Health and Family Services shall establish a network of voluntary human immunodeficiency virus testing programs in every county in the state. These programs shall be conducted in each public health department established under the provisions of KRS Chapter 212. Additional programs may be contracted to other private providers to the extent that finances permit and local circumstances dictate. (b) Each public health department shall have the ability to provide counseling and testing for the human immunodeficiency virus to each patient who receives services and shall offer the testing on a voluntary basis to each patient who requests the test. (c) Each public health department shall provide a program of counseling and testing for human immunodeficiency virus infection, on an anonymous or confidential basis, dependent on the patient's desire. If the testing is performed on an anonymous basis, only the statistical information relating to a positive test for human immunodeficiency virus infection shall be reported to the cabinet. If the testing is performed on a confidential basis, the name and other information specified under KRS 214.645 shall be reported to the cabinet. The cabinet shall continue to provide for anonymous testing and counseling. (d) The result of a serologic test conducted under the auspices of the cabinet shall not be used to determine if a person may be insured for disability, health, or life insurance or to screen or determine suitability for, or to discharge a person from, employment. Any person who violates the provisions of this subsection shall be guilty of a Class A misdemeanor. (7) No public health department and no other private or public facility shall be established for the primary purpose of conducting a testing program for acquired immunodeficiency syndrome, acquired immunodeficiency syndrome related complex, or human immunodeficiency virus status without first registering with the cabinet, complying with all other applicable provisions of state law, and meeting the following requirements: (a) The program shall be directed by a person who has completed an educational course approved by the cabinet in the counseling of persons with acquired immunodeficiency syndrome, acquired immunodeficiency syndrome related complex, or human immunodeficiency virus infection; (b) The program shall have all medical care supervised by a physician licensed under the provisions of KRS Chapter 311; (c) The program shall have all laboratory procedures performed in a laboratory licensed under the provisions of KRS Chapter 333; (d) Informed consent shall be required prior to testing. Informed consent shall be preceded by an explanation of the test, including its purpose, potential uses, and limitations and the meaning of its results; (e) The program, unless it is a blood donor center, shall provide pretest counseling on the meaning of a test for human immunodeficiency virus, including medical indications for the test; the possibility of false positive or false negative results; the potential need for confirmatory testing; the potential social, medical, and economic consequences of a positive test result; and the need to eliminate high-risk behavior; (f) The program shall provide supplemental corroborative testing on all positive test results before the results of any positive test is provided to the patient; (g) The program shall provide post-test counseling, in person, on the meaning of the test results; the possible need for additional testing; the social, medical, and economic consequences of a positive test result; and the need to eliminate behavior which might spread the disease to others; (h) Each person providing post-test counseling to a patient with a positive test result shall receive specialized training, to be specified by regulation of the cabinet, about the special needs of persons with positive results, including recognition of possible suicidal behavior, and shall refer the patient for further health and social services as appropriate; (i) When services are provided for a charge during pretest counseling, testing, supplemental testing, and post-test counseling, the program shall provide a complete list of all charges to the patient and the cabinet; and (j) Nothing in this subsection shall be construed to require a facility licensed under KRS Chapter 333 or a person licensed under the provisions of KRS Chapters 311, 312, or 313 to register with the cabinet if he or she does not advertise or hold himself or herself out to the public as conducting testing programs for human immunodeficiency virus infection or specializing in such testing. (8) Any violation of this section by a licensed health-care provider shall be a ground for disciplinary action contained in the professional's respective licensing chapter. (9) Except as provided in subsection (6)(d) of this section, insurers and others participating in activities related to the insurance application and underwriting process shall be exempt from this section. (10) The cabinet shall develop program standards consistent with the provisions of this section for counseling and testing persons for the human immunodeficiency virus. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 134, sec. 1, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 85, sec. 73, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 150, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 454, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 102, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 432, sec. 7, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 401, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 495, sec. 18, effective January 1, 1991. Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 150, sec. 1, inserted an additional paragraph into subsection (5) of this section and changed the existing paragraph (c) to paragraph (d), but that Act failed to include a conforming amendment to change the reference to that paragraph in subsection (2) of this statute. Under KRS 7.136(1)(e), that change has now been made.

KRS 214.185 Diagnosis and treatment of disease, addictions, or other conditions of minor -- Provision of outpatient mental health counseling -- Effective consent

214.185. Diagnosis and treatment of disease, addictions, or other conditions of minor -- Provision of outpatient mental health counseling -- Effective consent (1) Any physician, upon consultation by a minor as a patient, with the consent of such minor may make a diagnostic examination for venereal disease, pregnancy, or substance use disorder and may advise, prescribe for, and treat such minor regarding venereal disease, substance use disorder, contraception, pregnancy, or childbirth, all without the consent of or notification to the parent, parents, or guardian of such minor patient, or to any other person having custody of such minor patient. Treatment under this section does not include inducing of an abortion or performance of a sterilization operation. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. (2) Any physician may provide outpatient mental health counseling to any child age sixteen (16) or older upon request of such child without the consent of a parent, parents, or guardian of such child. (3) Any qualified mental health professional, as defined by KRS 202A.011, may provide outpatient mental health counseling to any child who is age sixteen (16) or older and is an unaccompanied youth, as defined by 42 U.S.C. sec. 11434a(6), upon request of such child without the consent of a parent, parents, or guardian of such child. (4) Notwithstanding any other provision of the law, and without limiting cases in which consent may be otherwise obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage or borne a child may give consent to the furnishing of hospital, medical, dental, or surgical care to his or her child or himself or herself and such consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of such married or emancipated minor shall not be necessary in order to authorize such care. For the purpose of this section only, a subsequent judgment of annulment of marriage or judgment of divorce shall not deprive the minor of his or her adult status once obtained. The provider of care may look only to the minor or spouse for payment for services under this section unless other persons specifically agree to assume the cost. (5) Medical, dental, and other health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the professional's judgment, the risk to the minor's life or health is of such a nature that treatment should be given without delay and the requirement of consent would result in delay or denial of treatment. (6) The consent of a minor who represents that he or she may give effective consent for the purpose of receiving medical, dental, or other health services but who may not in fact do so, shall be deemed effective without the consent of the minor's parent or legal guardian, if the person rendering the service relied in good faith upon the representations of the minor. (7) The consent of a minor who represents that he or she may give effective consent for the purpose of receiving outpatient mental health counseling from a qualified mental health professional, but who may not in fact do so, shall be deemed effective without the consent of the minor's parent or legal guardian if the person rendering the service relied in good faith upon the representations of the minor after a reasonable attempt to obtain parental consent or to verify the minor's age and status as an unaccompanied youth. (8) The professional may inform the parent or legal guardian of the minor patient of any treatment given or needed where, in the judgment of the professional, informing the parent or guardian would benefit the health of the minor patient. (9) Except as otherwise provided in this section, parents, the Cabinet for Health and Family Services, or any other custodian or guardian of a minor shall not be financially responsible for services rendered under this section unless they are essential for the preservation of the health of the minor. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 32, sec. 4, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 128, sec. 8, effective June 27, 2019. -- Amended 2005 Ky. Acts ch. 99, sec. 455, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 402, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 283, sec. 2, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (13). -- Amended 1972 Ky. Acts ch. 163, paras. (1) to (6). -- Created 1970 Ky. Acts ch. 104, sec. 1.

KRS 214.187 Statewide hepatitis C education, awareness, and information program

214.187. Statewide hepatitis C education, awareness, and information program (1) The Department for Public Health shall develop a statewide education, awareness, and information program on hepatitis C. The hepatitis C education, awareness, and information program may be incorporated into other existing health education programs. The Department for Public Health may make available on its Internet Web site protocols, guidelines, and materials for hepatitis C education, awareness, and information programs that increase the understanding of the disease among general and high-risk populations. (2) The hepatitis C education, awareness, and information program may include material to specifically address individuals who may be at high risk of infection, including but not limited to law enforcement officials, corrections personnel, prisoners, veterans, individuals who received blood transfusions prior to 1992, hemophiliacs, students, and minority communities. The program may utilize education materials developed by health-related companies and community-based or national advocacy organizations. The program may include but not be limited to counseling, patient support groups, and existing hotlines for consumers. (3) In developing the hepatitis C education, awareness, and information program, the department shall consult the University of Kentucky College of Medicine, the University of Louisville School of Medicine, the Pikeville College School of Osteopathic Medicine, the American Liver Foundation, the Centers for Disease Control and Prevention, and any other scientific, medical, or advocacy organizations to develop the protocols and guidelines for the hepatitis C education, awareness, and information program. The protocols and guidelines may include but are not limited to the following: (a) The risk factors associated with hepatitis C acquisition and transmission; (b) The most recent scientific and medical information on hepatitis C prevention, detection, diagnosis, treatment, and therapeutic decision making; (c) Tracking and reporting of acute cases of hepatitis C by public health officials; (d) Protocols for public safety and health care workers who come in contact with hepatitis C patients; and (e) Surveillance programs to determine the prevalence of hepatitis C in ethnic and other high-risk populations. (4) The Department for Public Health may coordinate with the Department of Veterans' Affairs and the Department of Corrections to establish specific recommendations for the hepatitis C education, awareness, and information program. The protocols and guidelines established by the Department for Public Health, the Department of Corrections, and the Department of Veterans' Affairs may include topics specified in subsection (3) of this section and may include but are not limited to protocols within state agencies to enable departments to provide appropriate treatment for individuals with hepatitis C, protocols for the education of state agency officials and other employees who work with individuals with hepatitis C, and protocols within the Department of Corrections to provide written hepatitis C information to prisoners on the date of their probation, parole, or release. (5) The Department for Public Health shall make information on the hepatitis C education, awareness, and information program available upon request. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 44, effective June 29, 2017. -- Created 2006 Ky. Acts ch. 133, sec. 1, effective July 12, 2006.

KRS 214.280 Regulation of mattresses -- "Mattress" defined

214.280. Regulation of mattresses -- "Mattress" defined As used in KRS 214.290 to 214.310, "mattress" means any mattress, mattress pad or cushion, stuffed or filled with cotton, wool, hair, upholstered spring, or other soft material, to be used on a couch or other bed for sleeping or reclining purposes. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062d-1.

KRS 214.290 Materials used in mattresses -- Regulation of

214.290. Materials used in mattresses -- Regulation of No person shall employ or use, in the making, remaking or renovating of any mattress, any material that has been used in or has formed a part of any mattress used in or about any public or private hospital, or any institution for the treatment of persons suffering from disease, or for or about any person having any infectious or contagious disease, or any material of which prior use has been made, unless all of said material has been thoroughly sterilized and disinfected by a reasonable process approved by the board of health of the city where the mattress is made, remade or renovated. The use of shoddy made from secondhand materials, jute, old comforts, pads or mattresses in the manufacture of new mattresses to be offered for sale as new mattresses is prohibited. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062d-2.

KRS 214.300 Labels on mattresses -- Regulation of

214.300. Labels on mattresses -- Regulation of (1) There shall be securely sewed upon the outside of each mattress manufactured, or offered for sale, a muslin, paper or linen label or tag, upon which shall be legibly written or printed a description of the material used as the filling of the mattress. (2) If all the material used in the manufacture of the mattress has not been previously used, the words "manufactured of new material" shall appear upon the label or tag, together with the name and address of the maker. (3) Any mattress made from any material previously used shall have stamped or printed upon the tag attached thereto, in type not smaller than twenty-point, the words "secondhand material." (4) If labeled felt or felted cotton, it is understood that the cotton or material has all been carded in layers or sheets by a Garnett or cotton felting machine. (5) In the description upon the label or tag of the material used as the filling of any mattress, no term or designation likely to mislead shall be used. (6) No person except a purchaser at retail shall remove, deface or alter, or attempt or cause the removal, defacement or alteration of any mark or statement placed upon any mattress under the provisions of this section. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2062d-3, 2062d-4, 2062d-5, 2062d-6.

KRS 214.310 Enforcement of mattress law

214.310. Enforcement of mattress law (1) Any police officer or member of any municipal board of health, or other city official, who has reason to believe that the provisions of KRS 214.280 to 214.300 have been or are being violated, shall give notice to the Cabinet for Health and Family Services. (2) Any individual who has reason to believe that the provisions of KRS 214.280 to 214.300 have been or are being violated may present the relevant facts to the board of health or any of its deputies. It shall then be the duty of the board of health to make an investigation of the facts, and if the board is of the opinion that there is or has been a violation it shall prosecute the person guilty thereof. (3) Any individual may institute proceedings to enforce KRS 214.280 to 214.300 and to punish violations of their provisions. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 456, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 403, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062d-7.

KRS 214.375 Definitions -- Kentucky Parkinson's Disease Research Registry -- Kentucky Parkinson's Disease Research Registry Advisory Committee -- Duties of the cabinet -- Provider reporting requirements -- Data collection -- Reports

214.375. Definitions -- Kentucky Parkinson's Disease Research Registry -- Kentucky Parkinson's Disease Research Registry Advisory Committee -- Duties of the cabinet -- Provider reporting requirements -- Data collection -- Reports (1) As used in this section: (a) "Advisory committee" means the Kentucky Parkinson's Disease Research Registry Advisory Committee established under subsection (3) of this section; (b) "Cabinet" means the Cabinet for Health and Family Services; (c) "Movement disorder center" means a health facility licensed under KRS Chapter 216B that operates outpatient clinics or ambulatory care facilities that employ movement disorder health care providers; (d) "Movement disorder health care provider" means a licensed physician or osteopath licensed under KRS Chapter 311 that is fellowship trained in movement disorders as specified by either the American Academy of Neurology's Movement Disorders Section or the Movement Disorder Society's Pan American Section; (e) "Parkinson's disease" means a chronic and progressive neurologic disorder resulting from a deficiency of the neurotransmitter dopamine as a consequence of specific degenerative changes in the area of the brain called the basal ganglia characterized by tremor at rest, slow movements, m uscle rigidity, stooped posture, and unsteady or shuffling gait; (f) "Parkinsonisms": 1. Means Parkinson's disease-related conditions that cause a combination of movement abnormalities such as tremor at rest, slow movement, muscle rigidity, impaired speech, and muscle stiffness, which often overlap with and can evolve from what appears to be Parkinson's disease; and 2. Includes multiple system atrophy, dementia with Lewy bodies, corticobasal degeneration, and progressive supranuclear palsy; (g) "Registry" means the Kentucky Parkinson's Disease Research Registry established in subsection (2) of this section; and (h) "Secretary" means the secretary of the cabinet. (2) The Kentucky Parkinson's Disease Research Registry is hereby established within the cabinet under the direction of the secretary, who may enter into contracts, grants, or other agreements as necessary to admin ister the registry in accordance with this section. (3) (a) The secretary shall establish the Kentucky Parkinson's Disease Research Registry Advisory Committee to assist in the development and implementation of the registry, determine what data will be col lected, and advise the cabinet. (b) The advisory committee shall be appointed by the secretary and include at least one (1): 1. Neurologist; 2. Movement disorder specialist; 3. Primary care provider; 4. Physician informaticist; 5. Patient living with Parkinson's disease; 6. Public health professional; 7. Population health researcher familiar with health data registries; 8. Parkinson's disease researcher; 9. Representative from the University of Kentucky College of Medicine with specific expertise in Parkinson's disease; and 10. Representative from the University of Louisville School of Medicine with specific expertise in Parkinson's disease. The secretary may appoint additional members to the advisory committee as he or she deems necessary. (4) The cabinet shall: (a) Promulgate administrative regulations in consultation with the advisory committee and in accordance with KRS Chapter 13A to: 1. Designate Parkinson's disease and identified Parkinsonisms as diseases that are required to be reported to the cabinet; 2. Establish a system of collection and dissemination of information on the incidence and prevalence of Parkinson's disease and Parkinsonisms in Kentucky and related epidemiological data; 3. Identify specific data points to be collected based on the following four (4) core categories of data: a. Patient demographics; b. Geography; c. Diagnosis; and d. Sufficient information to allow for deduplication of patient records in the registry; 4. Periodically review and revise data points to be collected to ensure data and data collection procedures adapt to new knowledge and technology; 5. Establish a coding system that removes a patient's name, address, Social Security number, fingerprints, photograph, and any other information by which the identity of a patient can be determined with reasonable accuracy; and 6. Develop guidelines and procedures for reviewing and approving requests to use registry data for valid scientific research; (b) Receive and collect data for the registry on the incidence and prevalence of Parkinson's disease and Parkinsonisms in Kentucky and related epidemiological data, and may enter in to data-sharing contracts with data - reporting entities and their associated medical record system vendors to securely and confidentially receive information related to Parkinson's disease testing, diagnosis, and treatment; and (c) Be responsible for any costs incurred in administering the registry and implementing this section. (5) (a) Beginning January 1, 2026, each movement disorder center that treats a patient with Parkinson's disease and each movement disorder health care provider who treats or diagnoses Parkinson's disease or Parkinsonisms for a patient not otherwise reported shall submit a Parkinson's disease report to the cabinet in a format required or approved by the cabinet. (b) 1. Movement disorder centers and movement disorder health care providers shall provide each patient diagnosed with Parkinson's disease or Parkinsonisms with a notice regarding the reporting and collection of information and patient data on Parkinson's disease. 2. A patient who does not wish to participate in the collection of data for the purposes of research in the registry may affirmatively opt out in writing after an opportunity to review the documents and ask questions. 3. If a patient has chosen not to participate and has opted out under subparagraph 2. of this paragraph, the movement disorder center and the movement disorder health care provider shall only report that a Parkinson's disease case exists and no further data shall be reported to the cabinet for the purposes of the registry. 4. If a patient has been diagnosed with Parkinson's disease or Parkinsonsisms in error, the movement disorder center and the movement disorder health care provider shall notify the cabinet and the cabinet shall remove the patient from the registry. (c) To ensure compliance with the reporting and notification requirements of this subsection, the secretary or his or her agent may, upon reasonable notice, inspect a representative sample of the medical records of patients admitted, diagnosed, or treated for Parkinson's disease or Parkinsonisms at a movement disorder center. (d) A movement disorder center or movement disorder health care provider who in good faith submits a report in accordance with paragraph (a) of this subsection is not liable in any cause of action arising from the submission of the report. (e) A movement disorder center or movement disorder health care provider may use automated reporting methods supplied by the cabinet or the Kentucky Health Information Exchange to meet the requirements of this subsection. (6) The cabinet shall make data from the registry, with or without identifiers, available to researchers that have the approval of an institutional review board in accordance with requirements of the Federal Policy for the Protection of Human Subjects, 45 C.F.R. pt. 46, and, as applicable, 21 C.F.R. pt. 56, 45 C.F.R. pt. 164, KRS 216.2920 to 216.2929, 900 KAR 7:030 and 7:040, and any other relevant federal or state requirements. (7) (a) The cabinet may enter into agreements to furnish data collected in the registry to other states' Parkinson's disease registries, federal Parkinson's disease control agencies, local health officers, or health researchers not described in subsection (6) of this section for the study of Parkinson's disease. (b) Before confidential information is disclosed pursuant to paragraph (a) of this subsection, the out-of-state registry, agency, officer, or researcher shall agree in writing to maintain the confidentiality of the information. A researcher shall also: 1. Obtain approval of the researcher's respective committee for the protection of human subjects under 45 C.F.R. pt. 46; and 2. Provide documentation to the cabinet that demonstrates to the cabinet's satisfaction that the researcher has established the procedures and ability to maintain the confidentiality of the information. (8) (a) Except as specifically provided in this section, all information collected pursuant to this section shall be confidential. (b) Notwithstanding any other provision of law, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. (c) Provided the security of confidentiality has been documented, the furnishing of confidential information to the cabinet or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (d) The cabinet shall maintain an accurate record of all persons who are given access to information collected by the cabinet pursuant to this section, which shall include: 1. The name of the person authorizing access; 2. Name, title, address, and organizational affiliation of persons given access; 3. Dates of access; and 4. The specific purpose for which accessed information is to be used. The record of access shall be open to public inspection during normal operating hours of the cabinet. (e) Notwithstanding any other provision of law, information collected by the cabinet pursuant to this section shall not be: 1. Available for subpoena or disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding; or 2. Deemed admissible as evidence in any civil, criminal, administrative, or other proceeding for any reason. (9) This section does not: (a) Prohibit the publication by the cabinet of reports and statistical compilations that do not in any way identify individual patients, cases, or sources of information; (b) Restrict in any way a patient's access to his or her own information; or (c) Prohibit movement disorder center or movement disorder health care providers from maintaining their own facility-based Parkinson's disease registries. (10) (a) Nothing in this section shall be deemed to compel any individual to submit to any medical examination or supervision by the cabinet, any of its authorized representatives, or an approved researcher. (b) A person who seeks information or obtains registry data pursuant to this section shall not contact a patient on the registry or the patient's family unless the cabinet has first obtained permission for the contact from the patient or the patient's family. (11) The cabinet shall provide notice of the mandatory reporting of Parkinson's disease and Parkinsonisms required under this section on its website and to professional associations representing movement disorder center and movement disorder health care providers. (12) (a) By October 1, 2027, and October 1 of each year thereafter, the cabinet shall submit to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services a yearly program summary update that includes: 1. The incidence and prevalence of Parkinson's disease and Parkinsonisms in the state by county; 2. The number of records that have been reported to the cabinet and included in the registry; and 3. Demographic information, including but not limited to patients' age, gender, and race. (b) In consultation with the advisory committee, the cabinet may include recommendations on necessary changes to the registry in the yearly program summary update. (c) The cabinet shall publish the yearly program summary update in a downloadable format on the website created under subsection (13) of this section. (13) By October 1, 2027, the cabinet shall create, and update annually thereafter, the Kentucky Parkinson's Disease Research Registry website where the public can find information related to the Parkinson's disease and the registry, the yearly program summary update, and any other information deemed relevant by the advisory committee. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 85, sec. 1, effective June 27, 2025.

KRS 214.400 Short title

214.400. Short title KRS 214.410, 214.420 and 214.990(6) may be cited as the "Kentucky Sexually Transmitted Disease Control Confidentiality Act of 1986." Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 294, sec. 1, effective July 15, 1986.

KRS 214.410 Definitions

214.410. Definitions (1) "Cabinet" means the Cabinet for Health and Family Services; and (2) "Sexually transmitted disease" means syphilis, gonorrhea, chancroid, granuloma inguinale, genital herpes, nongonococcal urethritis, mucopurulent cervicitis, acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, chlamydia trachomatis infections, and any other sexually transmitted disease designated by the cabinet under the provisions of KRS Chapter 13A. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 457, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 404, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 443, sec. 43, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 294, sec. 2, effective July 15, 1986.

KRS 214.420 Records declared confidential -- Application

214.420. Records declared confidential -- Application (1) The General Assembly hereby declares that confidentiality is essential for the proper administration and operation of sexually transmitted disease control activities in this state and that the principle of confidentiality must remain inviolate. (2) All information, records, and reports in the possession of local health departments or the Cabinet for Health and Family Services and which concern persons infected with or suspected of being infected with or tested for or identified in an epidemiologic investigation for sexually transmitted disease are hereby declared to be strictly confidential and only personnel of local health departments and the Cabinet for Health and Family Services who are assigned to sexually transmitted disease control activities shall have access to such information, records, and reports. (3) Nothing in this section shall be construed as preventing: (a) The release of medical information to the physician retained by the person infected with or suspected of being infected with a sexually transmitted disease; (b) The release of medical or epidemiological data or information for statistical purposes in a manner so that no individual person can be identified; (c) The release of medical information with the written consent of all persons identified in the information to be released; (d) The release of medical or epidemiological information necessary to enforce the provision of the rules and regulations of the Cabinet for Health and Family Services, issued pursuant to KRS Chapter 13A, relating to the control and treatment of sexually transmitted disease; and (e) The release of medical information made to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 458, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 405, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 294, sec. 3, effective July 15, 1986.

KRS 214.430 Expedited partner therapy for sexually transmitted infections

214.430. Expedited partner therapy for sexually transmitted infections (1) For the purposes of this section, unless the context requires otherwise: (a) "Dispense" means to deliver a drug or device to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery; (b) "Expedited partner therapy" means the prescribing or dispensing of antibiotic drugs to a practitioner's diagnosed patient's sexual partner or partners for the same disease without examination of that diagnosed patient's partner or partners; (c) "Legend drug" means any drug defined by the Federal Food, Drug, and Cosmetic Act, as amended, and under which definition its label is required to bear the statement, "Caution: Federal law prohibits dispensing without prescription."; (d) "Practitioner" means medical or osteopathic physicians who are licensed under the professional licensing laws of Kentucky to prescribe and administer drugs and devices. "Practitioner" includes advanced practice registered nurses as authorized in KRS 314.011 and 314.042 and physician assistants when administering or prescribing pharmaceutical agents as authorized in KRS 311.858; and (e) "Prescription" means a written or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, that is signed, given, or authorized by a practitioner, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans. (2) Notwithstanding any other provision of law, a practitioner who is licensed to diagnose and prescribe drugs for sexually transmitted infections, including but not limited to trichomoniasis, gonorrhea, or chlamydia infection, who diagnoses a sexually transmitted infection in a patient may provide expedited partner therapy for a sexually transmitted infection to that patient's sexual partner or partners. (3) A practitioner that provides expedited partner therapy shall: (a) Adhere to prescribing and dispensing standards for expedited partner therapy pursuant to the current United States Centers for Disease Control and Prevention Sexually Transmitted Diseases Treatment Guidelines for expedited partner therapy; and (b) Utilize forms established by the Department for Public Health for patients and their sexual partner or partners explaining expedited partner therapy. (4) A practitioner who reasonably and in good faith renders expedited partner therapy in accordance with this section and administrative regulations promulgated by the board having professional jurisdiction shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 150, sec. 1, effective June 29, 2023. -- Created 2019 Ky. Acts ch. 175, sec. 1, effective June 27, 2019.

KRS 214.450 Definitions for KRS 214.452 to 214.466

214.450. Definitions for KRS 214.452 to 214.466 As used in KRS 214.452 to 214.466, unless the context otherwise requires: (1) "Blood" means any blood, blood product, blood component, or blood derivative including plasma. (2) "Blood establishment" means a place of business under one (1) management at one (1) general physical location which engages in the collection, preparation, processing, labeling, packaging, and dispensing of blood to any health care facility, health service, or health care provider and which is licensed by the United States Food and Drug Administration. Blood establishment does not include autologous blood donation programs permitted under KRS 214.456. (3) "Blood-borne communicable disease" means any of those diseases which are specifically so defined and set forth in administrative regulation promulgated by the United States Food and Drug Administration. (4) "Health facility" means any health facility set forth under KRS 216B.015 which provides for the transfusion of blood into a living human body. (5) "Health care provider" means any person licensed or certified under the laws of the Commonwealth as a dentist, physician, osteopath, registered nurse, practical nurse, paramedic, emergency medical technician, or physician assistant. (6) "Health service" means any health service as set forth under KRS 216B.015 and which provides for the transfusion of blood into a living human body. (7) "Transfuse" means to transfer blood from one (1) person to another. (8) "Donor" means either a paid or volunteer donor of blood. (9) "Untested blood" means blood that has not been tested or blood for which test results have not yet been returned. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 582, sec. 6, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 325, sec. 1, effective July 15, 1994; and ch. 512, Part 12, sec. 86, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 14, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 76, sec. 1, effective July 15, 1988.

KRS 214.452 Blood establishments to be federally licensed -- Inspection fees -- Donor conditions -- Forms -- Sign posting

214.452. Blood establishments to be federally licensed -- Inspection fees -- Donor conditions -- Forms -- Sign posting The following policies shall apply to blood establishments and to donors of blood: (1) All blood establishments within the Commonwealth shall be licensed by the United States Food and Drug Administration and remain in compliance with all applicable federal regulations. The Cabinet for Health and Family Services shall, under administrative regulations promulgated pursuant to KRS Chapter 13A, establish fees necessary to cover the cost of and adhere to a schedule for regular inspection, by the Office of the Inspector General of the Cabinet for Health and Family Services, of all blood establishments within the Commonwealth to ascertain whether each blood establishment is licensed and in compliance with KRS 214.450 to 214.464 and KRS 214.468. The Office of the Inspector General shall commence its inspection program of blood establishments no later than September 1, 1994. (2) All blood establishments shall test blood for the human immunodeficiency virus and for any known causative agent for any blood-borne communicable disease, using tests approved and required, for purposes of blood donation, by the United States Food and Drug Administration. (3) It shall be the duty of the administrator of any blood establishment which collects blood for the purpose of distributing to another health service, health facility, or health-care provider the blood for transfusion to: (a) Secure donor consent and a signed written risk factor history and donor consent form for each potential paid or volunteer donor for the purpose of determining if the potential donor is at high risk for infection with the human immunodeficiency virus, or has tested confirmatory positive for infection with the human immunodeficiency virus; or has acquired immune deficiency syndrome; or has tested confirmatory positive for infection with any causative agent for acquired immune deficiency syndrome recognized by the United States Centers for Disease Control; or has a blood-borne communicable disease; (b) Provide a means for a potential donor to self-elect not to donate blood; (c) Refuse donation or sale of blood by persons at high risk for infection with the human immunodeficiency virus, or who have been medically diagnosed as having acquired immune deficiency syndrome, or who have tested confirmatory positive for infection with the human immunodeficiency virus, or who have a blood-borne communicable disease; (d) Post a sign in the blood establishment which is visible to all potential donors and which states: "Persons with acquired immune deficiency syndrome (AIDS), or who have tested confirmatory positive for infection with the human immunodeficiency virus (HIV), or who have a blood-borne communicable disease or who have one (1) or more risk factors for the human immunodeficiency virus as determined by the United States Centers for Disease Control, are prohibited by law from donating or selling blood. Persons violating the law are guilty of a Class D felony. ASK STAFF OF THIS BLOOD ESTABLISHMENT." (4) The provisions of this section shall not be construed to impose requirements which are in conflict with donor eligibility requirements set out in United States Food and Drug Administration or American Association of Blood Banks standards. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 45, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 459, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 406, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 325, sec. 2, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 76, sec. 2, effective July 15, 1988. Legislative Research Commission Note. We have been advised by the U.S. Food and Drug Administration that it can only license those establishments engaged in interstate commerce.

KRS 214.454 Donations -- Conditions

214.454. Donations -- Conditions (1) No person shall donate blood if the person is at high risk for infection with the human immunodeficiency virus, or has acquired immunodeficiency syndrome, or has tested confirmatory positive for the human immunodeficiency virus or any other known causative agent of a blood-borne communicable disease. (2) No person shall give false information to the staff of a blood establishment regarding any item of the person's personal history which would affect the person's suitability as a donor. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 325, sec. 3, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 76, sec. 3, effective July 15, 1988.

KRS 214.456 Autologous or directed donations -- Surcharges -- Conditions

214.456. Autologous or directed donations -- Surcharges -- Conditions The following policies shall apply to autologous and directed blood donations: (1) Any otherwise qualified donor who wishes to direct a donation of blood to that person or to another particular individual may do so. The surcharge for any autologous or directed donation of blood shall not exceed twenty percent (20%) of the charge for a regular unit of blood. (2) If the donation is to another particular individual, the requirements of KRS 214.454 shall be met if the recipient and the recipient's attending physician have requested the donation. (3) Blood collected as a directed donation may be used for someone other than, or in addition to, the designated recipient if the donor's blood is not compatible with that of the designated recipient or if any part of the donation is not needed by the designated recipient. (4) Each blood establishment shall advise prospective donors of the opportunity for autologous and directed donations and of the provisions of this section and of KRS 214.452 to 214.466. (5) Autologous blood donation programs shall be exempt from KRS 214.454. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 325, sec. 4, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 76, sec. 4, effective July 15, 1988.

KRS 214.458 Blood for transfusion -- Labeling -- Data retention -- Destruction

214.458. Blood for transfusion -- Labeling -- Data retention -- Destruction (1) Each unit of blood collected by a blood establishment for transfusion shall be affixed with the United States Food and Drug Administration required label which includes a donor identification number through which the following information can be obtained: (a) Date the blood was collected; (b) Name of blood establishment; (c) Nonidentifying code representing the name of the blood donor; (d) A blood establishment serial number for the blood; (e) The date of laboratory testing of the blood; (f) The name of the person and laboratory testing the blood; (g) The laboratory test results. (2) Each unit of blood received by a blood establishment or health facility within the Commonwealth from an out-of-state blood establishment shall contain a label in accordance with the provisions of subsection (1) of this section and the blood establishment or health facility shall either test the blood in accordance with the requirements for blood establishments within the Commonwealth under the provisions of KRS 214.452(2) or may accept documented evidence of the test results as are required under subsection (1) of this section for blood collected within the Commonwealth. (3) Each laboratory testing blood for transfusion shall maintain for ten (10) years from the date of testing, and each blood establishment shall maintain for ten (10) years from the date of collection, a list containing the information set forth in subsection (1) of this section. (4) No blood may be transfused into any patient in any health facility or health service or by any health care provider unless the unit of blood has affixed to it the label as required under this section and the blood has tested negative for the human immunodeficiency virus or any causative agent of AIDS, or any blood-borne communicable disease as provided under KRS 214.452. When a unit of blood is transfused, a label containing the donor identification number required under this section shall be removed from the unit and affixed to the patient's medical chart or the blood donor identification number for the unit of blood shall be recorded in the patient's medical chart. (5) Any unit of blood not containing the label required under this section shall be destroyed by the health facility, health service, or health care provider. (6) Any unit of blood testing confirmatory positive for an agent of a blood-borne communicable disease and in the possession of a health facility, health service, or health care provider may be donated to educational or scientific research institutions for the purpose of scientific research only and not for transfusion. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 325, sec. 6, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 76, sec. 5, effective July 15, 1988.

KRS 214.464 Transfusion of untested blood -- Conditions -- Patient notification

214.464. Transfusion of untested blood -- Conditions -- Patient notification (1) (a) Untested blood may be transfused only in an emergency situation in which the attending physician determines a patient is in imminent danger of death or serious physical injury and no tested and labeled blood as set forth under KRS 214.458 is readily available to alleviate the emergency situation; provided, however, that the attending physician shall obtain specific prior consent for the transfusion from the patient in the emergency situation or if the patient's condition renders the patient incapable of giving consent, seek from the next of kin of the patient, if available, prior informed consent to transfuse any untested blood. For purposes of this section, the patient's "next of kin" means, in the following order; 1. The spouse of the patient; 2. If there is none, then the mother or father of the patient; 3. If there is none, then any adult son or daughter of the patient; or 4. If there is none, then any brother or sister of the patient. (b) Physical evidence of consent shall become a part of the patient's permanent medical record. (2) Blood establishments may release untested blood, collected under standards set forth in KRS 214.452, at the request of a physician, or health facility, or health service in an emergency as provided under this section. If blood has not been tested, the test shall be performed as soon after the transfusion as possible. If the blood subsequently tests positive for any blood-borne communicable disease, the patient's attending physician shall be immediately notified. The attending physician shall, in turn, notify the patient of the test results. The patient or next of kin shall indicate notification of receipt of the test results and any offer of treatment or referral to another health-care provider on a form provided by the health facility or health service and approved by the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 460, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 407, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 325, sec. 5, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 76, sec. 8, effective July 15, 1988.

KRS 214.466 Health care provider and facility civil liability exemption

214.466. Health care provider and facility civil liability exemption No health facility or physician or health care provider transfusing untested blood into a patient during an emergency situation if the blood is required to save the life of the patient shall be liable in civil damages or criminally, provided the provisions of KRS 214.464 are met. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 76, sec. 9, effective July 15, 1988.

KRS 214.468 Donation of blood to nonprofit voluntary program by person age seventeen or older -- Criteria for donation by person sixteen years of age

214.468. Donation of blood to nonprofit voluntary program by person age seventeen or older -- Criteria for donation by person sixteen years of age (1) Any person seventeen (17) years of age or older may donate blood in a voluntary blood program, which is not operated for profit, without consent of the person's parent or legally authorized representative. (2) Any person sixteen (16) years of age and weighing at least one hundred ten (110) pounds may donate blood in a voluntary blood program, which is not operated for profit, with the written consent of the person's parent or legally authorized representative. (3) The parent or legally authorized representative of a person who donates blood pursuant to subsection (1) or (2) of this section shall not be held financially responsible for any medical complications arising from the blood donation. (4) Before soliciting blood donations from students in high schools, joint vocational schools, or technical schools, a blood program, in cooperation with school authorities, shall make reasonable efforts to notify the parents or legally authorized representatives of the students that the students will be requested to donate blood. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 9, sec. 1, effective July 15, 2008. -- Amended 1994 Ky. Acts ch. 325, sec. 7, effective July 15, 1994. – Created 1992 Ky. Acts ch. 70, sec. 1, effective July 14, 1992.

KRS 214.540 Definitions for KRS 214.540 to 214.544 -- Establishment and limitation of Colon Cancer Screening and Prevention Program

214.540. Definitions for KRS 214.540 to 214.544 -- Establishment and limitation of Colon Cancer Screening and Prevention Program (1) As used in KRS 214.540 to 214.544: (a) "Department" means the Department for Public Health in the Cabinet for Health and Family Services; and (b) "Program" means the Colon Cancer Screening and Prevention Program. (2) The Colon Cancer Screening and Prevention Program is hereby established for the purposes of: (a) Increasing colon cancer screening; (b) Reducing morbidity and mortality from colon cancer; and (c) Reducing the cost of treating colon cancer among citizens of the Commonwealth. (3) The provisions of KRS 214.540 to 214.544 shall be limited to the amount of appropriations to the department for the Colon Cancer Screening and Prevention Program. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 130, sec. 1, effective June 29, 2021. -- Created 2008 Ky. Acts ch. 126, sec. 1, effective July 15, 2008.

KRS 214.542 Eligibility for Colon Cancer Screening Program -- Services provided -- Income-based fee schedule -- Funding -- Affordability -- Data collection -- Administrative regulations

214.542. Eligibility for Colon Cancer Screening Program -- Services provided -- Income-based fee schedule -- Funding -- Affordability -- Data collection -- Administrative regulations (1) The program shall provide colon cancer screening for uninsured and underinsured individuals who are eligible based upon the current American Cancer Society Colorectal Cancer Screening Guidelines. (2) Services provided under the program may be undertaken by private contract for services or operated by the department. The program may also provide referral, examination, and rescreening services for the benefit of uninsured and underinsured individuals for whom further examination or treatment is indicated by the colon cancer screening. Colon cancer treatment and surveillance may be provided to uninsured and underinsured individuals if program funding is available. (3) The department shall adopt a schedule of income-based fees that may be charged for colon cancer screening, examination, surveillance, treatment, and rescreening for uninsured and underinsured individuals. The schedule adopted shall be such that the screening, examination, and rescreening is affordable and accessible to the largest possible number of uninsured and underinsured individuals throughout the Commonwealth. (4) The department may accept any grant or award of funds from federal or private sources for carrying out the provisions of this section. (5) The department shall establish a data collection system including the number of individuals screened, the demographic characteristics of the individuals screened, and the types of colon cancer screening tests, examinations, surveillance, treatments, and rescreening services performed under the program. (6) The department shall promulgate administrative regulations to implement the provisions of this section, including: (a) A schedule of income-based fees that may be charged for colon cancer screening, examination, surveillance, treatment, and rescreening as required by subsection (3) of this section; and (b) A data collection system as required by subsection (5) of this section. Effective:April 7, 2016 History: Amended 2016 Ky. Acts ch. 42, sec. 1, effective April 7, 2016. -- Amended 2010 Ky. Acts ch. 168, sec. 1, effective July 15, 2010. -- Created 2008 Ky. Acts ch. 126, sec. 2, effective July 15, 2008. Legislative Research Commission Note (7/15/2010) 2010 Ky. Acts ch. 168, sec. 3 provides that the addition of subsection (3) of this statute in Section 1 of that Act shall be in memory of Richard "Butch" Stewart.

KRS 214.543 Kentucky Colon Cancer Screening and Prevention Program fund

214.543. Kentucky Colon Cancer Screening and Prevention Program fund (1) (a) There is hereby created a restricted fund to be known as the Kentucky Colon Cancer Screening and Prevention Program fund. (b) The fund shall be administered by the Finance and Administration Cabinet. (c) The fund shall include moneys: 1. Appropriated by the General Assembly for the purpose of the Colon Cancer Screening and Prevention Program; 2. Collected under KRS 214.542; and 3. Distributed by the Transportation Cabinet from sales of special colon cancer prevention license plates. (2) Moneys in the fund shall be used by the department to administer KRS 214.540 to 214.544. (3) 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 to be used solely for the purposes established in subsection (2) of this section. (4) Interest earned on any moneys in the fund shall accrue to the fund. (5) Moneys in the fund are hereby appropriated solely for the purposes set forth in KRS 214.540 to 214.544. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 130, sec. 2, effective June 29, 2021. -- Created 2010 Ky. Acts ch. 168, sec. 2, effective July 15, 2010. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 168, sec. 3 provides that the creation of this statute in Section 2 of that Act shall be in memory of Richard "Butch" Stewart.

KRS 214.544 Colon Cancer Screening and Prevention Advisory Committee -- Membership -- Duties -- Annual report -- Colon cancer screening, education, and outreach programs

214.544. Colon Cancer Screening and Prevention Advisory Committee -- Membership -- Duties -- Annual report -- Colon cancer screening, education, and outreach programs (1) A Colon Cancer Screening and Prevention Advisory Committee shall be established. The advisory committee shall include: (a) One (1) member of the House of Representatives who shall be appointed by the Speaker of the House; (b) One (1) member of the Senate who shall be appointed by the President of the Senate; (c) The deputy commissioner of the Department for Public Health; (d) The commissioner of the Department of Insurance, or his or her designee; (e) The commissioner of the Department for Medicaid Services, or his or her designee; (f) Two (2) at-large members who shall be appointed b y the Governor; (g) One (1) member who shall be appointed by the Governor from a list of three (3) names provided by the American Cancer Society; (h) The director of the Kentucky Cancer Program at the University of Kentucky; (i) The director of the Kentucky Cancer Program at the University of Louisville; (j) The director of the Kentucky Cancer Registry; (k) The director of the Colon Cancer Prevention Project; (l) The chair of Kentucky African Americans Against Cancer; and (m) The director of the Kentucky Cancer Consortium. Members of the advisory committee shall be appointed for a term of four (4) years. (2) (a) Members appointed under subsection (1)(a) to (g) of this section shall be appointed as follows: 1. Members shall be appointed for a term of four (4) years, except as provided in subparagraph 2. of this paragraph; 2. The initial appointments shall be for a period of two (2) years; thereafter, the appointments shall be for a term of four (4) years; and 3. Members shall not serve more than two (2) terms of four (4) years. (b) Members serving under subsection (1)(h) to (m) of this section shall serve by virtue of their positions and shall not be subject to term limits. (3) The chair of the advisory committee shall be elected from the membership of the advisory committee to serve for a two (2) year term. A member of the advisory committee may designate an alternate to attend meetings in his or her place. (4) The advisory committee may add members from other organizations as deemed appropriate. (5) The advisory committee shall provide recommendations for the overall implementation and conduct of the Colon Cancer Screening and Prevention Program. (6) The advisory committee shall establish and provide oversight for a colon cancer screening public awareness campaign. The Cabinet for Health and Family Services shall contract with the Kentucky Cancer Consortium at the University of Kentucky to provide the required support. The amount of the contract shall not be included in the base budget of the university as used by the Council on Postsecondary Education in determining the funding formula for the university. (7) The Colon Cancer Screening and Prevention Advisory Committee shall provide an annual report on implementation and outcomes from the Colon Cancer Screening and Prevention Program and recommendations to the Legislative Research Commission, the Interim Joint Committee on Health Services, the Interim Joint Committee on Appropriations and Revenue, the Governor, the secretary of the Cabinet for Health and Family Services, and the commissioner of the Department for Public Health. (8) The Kentucky Cancer Program, jointly administered by the University of Kentucky and the University of Louisville, shall establish a colon cancer screening, education, and outreach program in each of the state area development districts. The colon cancer screening, education, and outreach program shall focus on individuals who lack access to colon cancer screening. The Cabinet for Health and Family Services shall contract with the University of Louisville and the University of Kentucky to provide the required support. The amount of the contract shall not be included in the base budgets of the universities as used by the Council on Postsecondary Education in determining the funding formula for the universities. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 25, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 130, sec. 3, effective June 29, 2021. -- Created 2008 Ky. Acts ch. 126, sec. 3, effective July 15, 2008. Legislative Research Commission Note (7/15/2008). There are two incorrect internal references in subsection (2) of this statute that have not been corrected in codification because they are drafting errors, not manifest clerical or typographical errors correctable by the Reviser of Statutes under KRS 7.136(1)(h). However, the reference in subsection (2)(a) to "subsection (1) of this section" should have been drafted as "subsection (1)(a), (c), and (d) of this section" since the deputy commissioner of the Department for Public Health referenced in subsection (1)(c) of this statute serves as an ex officio, not appointed, member of the advisory committee. Likewise, the reference in subsection (2)(b) of this statute to "subsection (1)(e) to (k) of this section" should have been drafted as "subsection (1)(c) and (e) to (k) of this section."

KRS 214.550 Definitions for KRS 214.552 to 214.556

214.550. Definitions for KRS 214.552 to 214.556 As used in KRS 214.552 to 214.556: (1) "Department" means the Department for Public Health of the Cabinet for Health and Family Services. (2) "Fund" means the breast cancer screening fund. (3) "Screening" means the conduct of screening mammography for the purpose of ascertaining the existence of any physiological abnormality which might be indicative of the presence of disease. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 461, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 408, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 184, sec. 1, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 318, sec. 2, effective July 1, 1990.

KRS 214.552 Breast cancer screening fund

214.552. Breast cancer screening fund There is hereby established within the department a breast cancer screening fund. Any funds appropriated by the General Assembly for the purpose of the Breast Cancer Screening Program and any gifts or federal grants shall be deposited in the State Treasury to the credit of a trust or agency fund to be used for the purposes of KRS 214.554 and shall not lapse. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 184, sec. 4, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 318, sec. 3, effective July 1, 1990.

KRS 214.554 Breast Cancer Screening Program -- Data and analysis

214.554. Breast Cancer Screening Program -- Data and analysis (1) There is established within the department a Breast Cancer Screening Program for the purposes of: (a) Reducing morbidity and mortality from breast cancer in women through early detection and treatment; and (b) Making breast cancer screening services of hig h quality and reasonable cost available to women of all income levels throughout the Commonwealth and to women whose economic circumstances or geographic location limits access to breast cancer screening facilities. (2) Services provided under the Breast C ancer Screening Program may be undertaken by private contract for services or operated by the department and may include the purchase, maintenance, and staffing of a truck, a van, or any other vehicle suitably equipped to perform breast cancer screening. T he program may also provide referral services for the benefit of women for whom further examination or treatment is indicated by the breast cancer screening. (3) The department may adopt a schedule of income -based fees to be charged for the breast cancer screening. The schedule shall be determined to make screening available to the largest possible number of women throughout the Commonwealth. The department shall, where practical, collect any available insurance proceeds or other reimbursement payable on behalf of any recipient of a breast cancer screening under KRS 214.552 to 214.556 and may adjust the schedule of fees to reflect insurance contributions. All fees collected shall be credited to the fund. (4) The department may accept any grant or award of fu nds from the federal government or private sources for carrying out the provisions of KRS 214.552 to 214.556. (5) The commissioner of the Department for Public Health shall provide data and analysis upon request on the: (a) Implementation and outcome from the Breast Cancer Screening Program including, by geographic region, numbers of persons screened, numbers of cancers detected, referrals for treatment, and reductions in breast cancer morbidity and mortality; (b) Development of quality assurance guidelines , including timetables, for breast cancer screening under this section, and monitoring of the manner and effect of implementation of those guidelines; and (c) Funds appropriated, received, and spent for breast cancer control by fiscal year. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 34, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 80, sec. 46, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 158, sec. 48, effective July 12, 2012. -- Amended 2005 Ky. Acts ch . 99, sec. 462, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 48, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 95, sec. 1, effective July 15, 1998; and ch. 426, sec. 409, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 184, sec. 2, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 318, sec. 4, effective July 1, 1990. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, A, 8, (1) at 2054.

KRS 214.555 Recommendation of digital mammography including breast tomosynthesis -- Notice to patient for whom mammogram demonstrates dense breast tissue -- Expiration date of notice requirement

214.555. Recommendation of digital mammography including breast tomosynthesis -- Notice to patient for whom mammogram demonstrates dense breast tissue -- Expiration date of notice requirement (1) Physicians are encouraged to recommend digital mammography including breast tomosynthesis when writing orders for mammograms. The term "breast tomosynthesis" means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three- dimensional images of the breast. (2) If a patient's X-ray mammogram demonstrates dense breast tissue, a person who provided the X-ray mammography services in the Commonwealth shall provide notification to the patient that includes but is not limited to the following information in the summary of the written report of the results sent directly to a patient: "Your X-ray mammogram shows that your breast tissue is dense. Dense breast tissue is common among women and is not abnormal. However, women with dense breast tissue may have a slightly increased risk for developing breast cancer. Dense breast tissue may also make it more difficult to detect an early breast cancer on your X-ray mammogram. At this time, there are no specific recommendations for additional screening or other measures related to having dense breast tissue. However, you may want to talk to your doctor about other ways that you might be able to reduce your risk of breast cancer. A report of your results was sent to your ordering physician. If you are self-referred, a report of your results was sent to you in addition to this summary." (3) As used in this section, "dense breast tissue" means heterogeneously or extremely dense breast tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including but not limited to the breast imaging reporting and data system established by the American College of Radiology. If, after June 29, 2017, new terms are defined in revised guidelines or systems for breast imaging reporting of mammography screening and the Department for Public Health determines that those new terms are more appropriate for the purposes of the information required to be provided under this section, the Department for Public Health may update the definition of dense breast tissue under this subsection to use those new terms by administrative regulation. (4) Recognizing the continuous improvements in patient outcomes that are reflective of ongoing advances in evidence-based medical practices, expansive and emerging medical research, and evolving innovations in medical technology, subsection (2) of this section shall be in effect until January 1, 2025, unless the General Assembly takes action to extend this expiration date. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 133, sec. 2, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 183, sec. 1, effective June 29, 2017.

KRS 214.556 Kentucky Cancer Registry -- Cancer patient data management system

214.556. Kentucky Cancer Registry -- Cancer patient data management system (1) There is hereby established within the Kentucky cancer program the Kentucky Cancer Registry and the cancer patient data management system for the purpose of providing accurate and up-to-date information about cancer in Kentucky and facilitating the evaluation and improvement of cancer prevention, screening, diagnosis, therapy, rehabilitation, and community care activities for citizens of the Commonwealth. The cancer patient data management system shall be administered by the Lucille Parker Markey Cancer Center. (2) Each licensed health facility which provides diagnostic services, or diagnostic services and treatment, or treatment to cancer patients shall report to the Kentucky Cancer Registry, through the cancer patient data management system and in a format prescribed by the Kentucky Cancer Registry, each case of cancer seen at that health facility. Failure to comply may be cause for assessment of an administrative fine for the health facility, the same as for violation of KRS 216B.250. (3) Each health facility shall grant to the cancer registry access to all records which would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or status of any identified cancer patient. Hospitals actively participating and enrolled in the cancer patient data management system of the Kentucky Cancer Program as of July 13, 1990, shall be considered to be in compliance with this section. The Lucille Parker Markey Cancer Center shall provide staff assistance in compiling and reporting required information to hospitals which treat a low volume of patients. (4) No liability of any kind or character for damages or other relief shall arise or be enforced against any licensed health facility by reason of having provided the information or material to the Kentucky Cancer Registry pursuant to the requirements of this section. (5) The identity of any person whose condition or treatment has been reported to the Kentucky Cancer Registry shall be confidential, except that: (a) The Kentucky Cancer Registry may exchange patient-specific data with any other cancer control agency or clinical facility for the purpose of obtaining information necessary to complete a case record, but the agency or clinical facility shall not further disclose such personal data; and (b) The Kentucky Cancer Registry may contact individual patients if necessary to obtain follow-up information which is not available from the health facility. (6) All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, expressly including all portions, subsets, extracts, or compilations of the data as well as any findings or conclusions resulting from those studies, shall be privileged and shall not be considered public records under KRS 61.870 to 61.884. The Kentucky Cancer Registry may determine that certain extracts, subsets, or compilations of data do not reveal privileged information and may be published or otherwise shared to further the public health goals set forth herein. (7) The Kentucky Cancer Registry shall make periodic reports of its data and any related findings and recommendations to the Legislative Research Commission, the Interim Joint Committees on Appropriations and Revenue and Health Services, the Governor, the Cabinet for Health and Family Services, the reporting health facility, and other appropriate governmental and nongovernmental cancer control agencies whose intent it is to reduce the incidence, morbidity, and mortality of cancer. The Kentucky Cancer Registry may conduct analyses and studies as are indicated to advance cancer control in the Commonwealth, either directly or by confidentially sharing data with third parties. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 26, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 127, sec. 2, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 463, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 410, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 184, sec. 3, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 318, sec. 5, effective July 1, 1990.

KRS 214.560 Lung Cancer Screening Program -- Definitions and limitations for KRS 214.560 to 214.564

214.560. Lung Cancer Screening Program -- Definitions and limitations for KRS 214.560 to 214.564 (1) As used in KRS 214.560 to 214.564: (a) "Department" means the Department for Public Health in the Cabinet for Health and Family Services; and (b) "Program" means the Lung Cancer Screening Program. (2) The Lung Cancer Screening Program is hereby established within the department for the purpose of: (a) Increasing lung cancer screening; (b) Reducing morbidity and mortality from lung cancer; and (c) Reducing the cost of treating lung cancer among citizens of the Commonwealth. (3) The requirements of KRS 214.560 to 214.564 shall be limited to the amount of appropriations to the department for the Lung Cancer Screening Program. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 71, sec. 1, effective July 14, 2022. Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 71, sec. 5, provides that the Act, which created KRS 214.560 to 214.564, may be cited as the Margaret M. Poore Lung Cancer Screening Act.

KRS 214.562 Kentucky Lung Cancer Screening Program fund

214.562. Kentucky Lung Cancer Screening Program fund (1) (a) There is hereby created a restricted fund to be known as the Kentucky Lung Cancer Screening Program fund. (b) The fund shall be administered by the Finance and Administration Cabinet. (c) The fund shall include moneys: 1. Appropriated by the General Assembly for the purpose of the Lung Cancer Screening Program; and 2. Distributed by the Transportation Cabinet from extra fees associated with the issuance of any special lung cancer license plates. (2) Moneys in the fund shall be used by the department to administer KRS 214.560 to 214.564. (3) 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 to be used solely for the purposes established in subsection (2) of this section. (4) Interest earned on any moneys in the fund shall accrue to the fund. (5) Moneys in the fund are hereby appropriated solely for the purposes set forth in KRS 214.560 to 214.564. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 71, sec. 2, effective July 14, 2022.

KRS 214.564 Lung Cancer Screening Advisory Committee

214.564. Lung Cancer Screening Advisory Committee (1) A Lung Cancer Screening Advisory Committee is hereby established. The advisory committee shall include: (a) One (1) member of the House of Representatives who shall be appointed by and serve at the pleasure of the Speaker of the House; (b) One (1) member of the Senate who shall be appointed by and serve at the pleasure of the President of the Senate; (c) The deputy commissioner of the Department for Public Health; (d) The commissioner of the Department of Insurance, or his or her designee; (e) The commissioner of the Department for Medicaid Services, or his or her designee; (f) Two (2) at-large members who shall be appointed by the Governor; (g) One (1) member who shall be appointed by the Governor from a list of three (3) names provided by the American Cancer Society; (h) The director of the Kentucky Cancer Program at the University of Kentucky; (i) The director of the Kentucky Cancer Program at the University of Louisville; (j) The director of the Kentucky Cancer Registry; (k) The director of the American Lung Association of Kentucky; (l) The chair of Kentucky African Americans Against Cancer; and (m) The director of the Kentucky Cancer Consortium. (2) The chair of the advisory committee shall be elected from the membership of the advisory committee to serve for a two (2) year term. A member of the advisory committee may designate an alternate to attend meetings in his or her place. (3) The advisory committee may add members of su bject matter expertise from other organizations as deemed appropriate. (4) The advisory committee shall: (a) Review relevant data, clinical guidelines, and best practices for lung cancer screening; (b) Provide recommendations for the overall implementation and conduct of the program with the goal of improving access to high -quality lung cancer screening; (c) Establish and provide oversight for a lung cancer screening, public awareness, education, and outreach program to focus on individuals who are eligible for lung cancer screening; and (d) Provide an annual report on implementation and outcomes from the program and recommendations to the Legislative Research Commission, the Interim Joint Committee on Health Services, the Interim Joint Committee on Appropriations and Revenue, the Governor, the secretary of the Cabinet for Health and Family Services, and the commissioner of the Department for Public Health. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 27, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 71, sec. 3, effective July 14, 2022. Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 71, sec. 4, reads as follows: "Members appointed under subsection (1)(f) and (g) of Section 3 of this Act [this statute] shall be appointed for a term of four years, and members shall not serve more than two terms of four years. Members serving under subsection (1)(c) to (e) and (h) to (m) of Section 3 of this Act [this statute] shall serve by virtue of their positions and shall not be subject to term limits."

KRS 214.565 Definitions for KRS 214.565 to 214.571

214.565. Definitions for KRS 214.565 to 214.571 As used in KRS 214.565 to 214.571: (1) "Department" means the Department for Public Health in the Cabinet for Health and Family Services; (2) "Health care provider" means a licensed provider who has the care of pregnant women within his or her professional scope of practice; and (3) "Health facility" has the same meaning as in KRS 216B.015. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 10, effective June 27, 2025. -- Created 2022 Ky. Acts ch. 85, sec. 1, effective July 14, 2022. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act. Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 85, sec. 5, provides that the Act, which created KRS 214.565 to 214.571, may be cited as the Bella Dawn Streeval Law.

KRS 214.567 Educational resources regarding congenital cytomegalovirus

214.567. Educational resources regarding congenital cytomegalovirus (1) The department shall make available to the public on its website educational resources regarding the incidence of congenital cytomegalovirus, including information about: (a) The transmission of congenital cytomegalovirus before and during pregnancy; (b) Birth defects caused by congenital cytomegalovirus; (c) Methods of diagnosing congenital cytomegalovirus; (d) Available preventive measures; and (e) Resources available to the family of an infant born with congenital cytomegalovirus. (2) The department may solicit and accept the assistance of relevant medical associations or community resources to develop, promote, and distribute the public educational resources. (3) A health facility or health care provider providing obstetric or prenatal services shall provide pregnant women or women who may become pregnant with the information listed in subsection (1) of this section or provide the patients with a link to the website described in subsection (1) of this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 11, effective June 27, 2025. -- Created 2022 Ky. Acts ch. 85, sec. 2, effective July 14, 2022. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act.

KRS 214.569 Testing of infants with risk factors

214.569. Testing of infants with risk factors Every infant in this state who is given an auditory screening test described in KRS 216.2970, and fails the initial two (2) screenings or has other risk factors associated with congenital cytomegalovirus, shall be tested for congenital cytomegalovirus not later than twenty-one (21) days after the date of birth by the health facility or health care provider providing services to the infant, unless the parents or guardians of the infant opt out of testing. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 12, effective June 27, 2025. -- Created 2022 Ky. Acts ch. 85, sec. 3, effective July 14, 2022. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act.

KRS 214.571 Administrative regulations

214.571. Administrative regulations The department may promulgate administrative regulations in accordance with KRS Chapter 13A to implement KRS 214.565 to 214.571. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 85, sec. 4, effective July 14, 2022.

KRS 214.600 Legislative findings

214.600. Legislative findings The General Assembly finds that acquired immunodeficiency syndrome, otherwise known as AIDS, constitutes a serious and unique danger to the public health and welfare. The General Assembly finds that acquired immunodeficiency syndrome is transmitted by sexual activity, by intravenous drug use, or from an infected mother to a fetus and that public fear of contagion from casual contact is not supported by any scientific evidence. The General Assembly finds that acquired immunodeficiency syndrome is transmitted by a retrovirus which makes the possibility of development of an immunization or cure highly unlikely in the near future. The General Assembly finds that, once infected, there is a high probability that an individual will develop acquired immunodeficiency syndrome or a related syndrome and die a premature death as a result, but may live productively for years in a communicable state without showing any signs or symptoms of illness. The General Assembly finds the unique methods of transmission of this disease, and its inevitably fatal course, have raised public fears; changed the attitudes of employers, insurers, educators, law enforcement personnel, and health and medical providers about dealing with the disease; and could unexpectedly raise the medical costs of this state. The General Assembly intends to establish programs and requirements related to acquired immunodeficiency syndrome which carefully balance medical necessity, the right to privacy, and protection of the public from harm and which establish public programs for the care and treatment of persons with acquired immunodeficiency syndrome and related conditions. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 443, sec. 1, efffective July 13, 1990.

KRS 214.605 Public education program

214.605. Public education program (1) The Cabinet for Health and Family Services shall establish a program to educate the public about the threat of acquired immunodeficiency syndrome. (2) The Acquired Immunodeficiency Syndrome Education Program shall: (a) Be designed to reach all segments of the Commonwealth's population; (b) Contain special components designed to reach minority groups within the state; (c) Impart knowledge to the public about methods of transmission of acquired immunodeficiency syndrome and methods of prevention; (d) Educate the public about transmission risks in social, employment, and educational situations; (e) Educate health-care workers and health facilities' employees about methods of transmission and prevention in their unique workplace environments; (f) Contain special components designed to reach persons who may frequently engage in behaviors placing them at a high risk for acquiring acquired immunodeficiency syndrome; (g) Provide information and consultation to state agencies to educate all state employees; (h) Provide information and consultation to state and local agencies to educate law enforcement and correctional personnel and inmates; (i) Provide information and consultation to local governments to educate local government employees; (j) Make information available to private employers and encourage them to distribute this information to their employees; and (k) Contain special components which emphasize appropriate behavior and attitude change. (3) The program designed by the Cabinet for Health and Family Services shall utilize all appropriate forms of the media and shall identify sources of educational materials that can be used by businesses, schools, and health-care providers in the regular course of their business. (4) The department may contract with other persons in the design, development, and distribution of the components of the education program. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 464, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 411, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 443, sec. 2, effective July 13, 1990.

KRS 214.610 Cabinet for Health and Family Services to approve educational courses on all aspects of HIV and acquired immunodeficiency syndrome -- Publication of current informational resources to inform and update all health care professionals

214.610. Cabinet for Health and Family Services to approve educational courses on all aspects of HIV and acquired immunodeficiency syndrome -- Publication of current informational resources to inform and update all health care professionals (1) The Cabinet for Health and Family Services shall approve appropriate educational courses on the transmission, control, treatment, and prevention of the human immunodeficiency virus and acquired immunodeficiency syndrome, that may address appropriate behavior and attitude change. (2) The Department for Public Health shall publish on its Web site the current informational resources for the development of the educational courses or programs. To the extent possible, the educational courses or programs under this subsection shall: (a) Include changes in Kentucky law affecting HIV testing and reporting; confidentiality and privacy of HIV-related data, information, and reports; and advances in treatment protocols, intervention protocols, coordination of services, and other information deemed important by the Department for Public Health and the Centers for Disease Control and Prevention (CDC); (b) Inform all professions involved with or affected by the birthing process about the importance of HIV testing of pregnant women and the probability of preventing perinatal transmission of HIV with appropriate treatment; and (c) Update all health care professionals requesting information about the potential involvement of their occupation in the treatment or prevention of blood-borne pathogens with the latest CDC guidelines on occupational exposure to HIV and other blood-borne pathogens. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 113, sec. 1, effective June 24, 2015. -- Amended 2005 Ky. Acts ch. 99, sec. 465, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 211, sec. 47, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 61, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 343, sec. 26, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 412, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, sec. 3, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 443, sec. 3, effective July 13, 1990.

KRS 214.620 Cabinet for Health and Family Services, in consultation with professional associations, to develop instructional material on HIV -- Comprehensive information to be presented to any person receiving treatment

214.620. Cabinet for Health and Family Services, in consultation with professional associations, to develop instructional material on HIV -- Comprehensive information to be presented to any person receiving treatment (1) The Cabinet for Health and Family Services shall develop instructional material on the human immunodeficiency virus, including information related to methods of transmission, education, and infection control. To expeditiously and economically develop, produce, and distribute the instructional material required under this section, the Cabinet for Health and Family Services shall consult with the professional associations of professions to determine whether suitable instructional materials already exist that may be lawfully reproduced or reprinted. (2) Information on the human immunodeficiency virus infection shall be presented to any person who receives treatment at any hospital, however named, skilled-nursing facilities, primary-care centers, rural health clinics, outpatient clinics, ambulatory- care facilities, ambulatory surgical centers, and emergency-care centers licensed pursuant to KRS Chapter 216B. The information shall include but not be limited to methods of transmission and prevention and appropriate behavior and attitude change. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 113, sec. 2, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 85, sec. 20, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 466, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 211, sec. 49, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 61, sec. 3, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 426, sec. 413, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 443, sec. 30, effective July 13, 1990.

KRS 214.625 Legislative findings -- Consent for medical procedures and tests including HIV infection -- Physician's responsibility -- Confidentiality of results -- Exceptions -- Disclosure -- Network of voluntary HIV testing programs

214.625. Legislative findings -- Consent for medical procedures and tests including HIV infection -- Physician's responsibility -- Confidentiality of results -- Exceptions -- Disclosure -- Network of voluntary HIV testing programs (1) The General Assembly finds that the use of tests designed to reveal a condition indicative of human immunodeficiency virus (HIV) infection can be a valuable tool in protecting the public health. The General Assembly finds that despite current scientific knowledge that antiretroviral therapy (ART) prolongs the lives of acquired immunodeficiency syndrome victims, and may also be effective when introduced in the early stages of human immunodeficiency virus infection, many members of the public are deterred from seeking testing because they misunderstand the nature of the test or fear that test results will be disclosed without their consent. The General Assembly finds that the public health will be served by facilitating informed, voluntary, and confidential use of tests designed to detect human immunodeficiency virus infection. (2) A person who has signed a general consent form for the performance of medical procedures and tests is not required to also sign or be presented with a specific consent form relating to medical procedures or tests to determine human immunodeficiency virus infection, antibodies to human immunodeficiency virus, or infection with any other causative agent of acquired immunodeficiency syndrome that will be performed on the person during the time in which the general consent form is in effect. However, a general consent form shall instruct the patient that, as part of the medical procedures or tests, the patient may be tested for human immunodeficiency virus infection, hepatitis, or any other blood-borne infectious disease if a doctor or advanced practice registered nurse orders the test for diagnostic purposes. Except as otherwise provided in subsection (5)(c) of this section, the results of a test or procedure to determine human immunodeficiency virus infection, antibodies to human immunodeficiency virus, or infection with any probable causative agent of acquired immunodeficiency syndrome performed under the authorization of a general consent form shall be used only for diagnostic or other purposes directly related to medical treatment. (3) In any emergency situation where informed consent of the patient cannot reasonably be obtained before providing health-care services, there is no requirement that a health-care provider obtain a previous informed consent. (4) The physician or advanced practice registered nurse who orders the test pursuant to subsections (1) and (2) of this section, his or her designee, or the attending physician, shall be responsible for informing the patient of the results of the test if the test results are positive for human immunodeficiency virus infection. If the tests are positive, the physician or advanced practice registered nurse, or his or her designee, shall also be responsible for either: (a) Providing information and counseling to the patient concerning his infection or diagnosis and the known medical implications of such status or condition; or (b) Referring the patient to another appropriate professional or health-care facility for the information and counseling. (5) (a) No person in this state shall perform a test designed to identify the human immunodeficiency virus, or its antigen or antibody, without first obtaining the informed consent of the person upon whom the test is being performed, except as specified in subsections (2) and (3) of this section. (b) No test result shall be determined as positive, and no positive test result shall be revealed to any person, without corroborating or confirmatory tests being conducted. (c) No person who has obtained or has knowledge of a test result pursuant to this section shall disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of the test in a manner which permits identification of the subject of the test, except to the following persons: 1. The subject of the test or the subject's legally authorized representative; 2. Any person designated in a legally effective release of the test results executed prior to or after the test by the subject of the test or the subject's legally authorized representative; 3. A physician, nurse, or other health-care personnel who has a legitimate need to know the test result in order to provide for his protection and to provide for the patient's health and welfare; 4. Health-care providers consulting between themselves or with health-care facilities to determine diagnosis and treatment; 5. The cabinet, in accordance with rules for reporting and controlling the spread of disease, as otherwise provided by state law; 6. A health facility or health-care provider which procures, processes, distributes, or uses: a. A human body part from a deceased person, with respect to medical information regarding that person; or b. Semen provided prior to July 13, 1990, for the purpose of artificial insemination; 7. Health facility staff committees, for the purposes of conducting program monitoring, program evaluation, or service reviews; 8. Authorized medical or epidemiological researchers who shall not further disclose any identifying characteristics or information; 9. A parent, foster parent, or legal guardian of a minor; a crime victim; or a person specified in KRS 438.250; 10. A person allowed access by a court order which is issued in compliance with the following provisions: a. No court of this state shall issue an order to permit access to a test for human immunodeficiency virus performed in a medical or public health setting to any person not authorized by this section or by KRS 214.420. A court may order an individual to be tested for human immunodeficiency virus only if the person seeking the test results has demonstrated a compelling need for the test results which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for testing and disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure which deters blood, organ, and semen donation and future human immunodeficiency virus-related testing or which may lead to discrimination. This paragraph shall not apply to blood bank donor records; b. Pleadings pertaining to disclosure of test results shall substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name shall be communicated confidentially, in documents not filed with the court; c. Before granting any order, the court shall provide the individual whose test result is in question with notice and a reasonable opportunity to participate in the proceedings if he is not already a party; d. Court proceedings as to disclosure of test results shall be conducted in camera, unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice; and e. Upon the issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. No person to whom the results of a test have been disclosed shall disclose the test results to another person except as authorized by this subsection. When disclosure is made pursuant to this subsection, it shall be accompanied by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied by oral notice and followed by a written notice within ten (10) days. (6) (a) The Cabinet for Health and Family Services shall establish a network of voluntary human immunodeficiency virus testing programs in every county in the state. These programs shall be conducted in each public health department established under the provisions of KRS Chapter 211. Additional programs may be contracted to other private providers to the extent that finances permit and local circumstances dictate. (b) Each public health department shall have the ability to provide counseling and testing for the human immunodeficiency virus to each patient who receives services and shall offer the testing on a voluntary basis to each patient who requests the test. (c) Each public health department shall provide a program of counseling and testing for human immunodeficiency virus infection, on an anonymous or confidential basis, dependent on the patient's desire. If the testing is performed on an anonymous basis, only the statistical information relating to a positive test for human immunodeficiency virus infection shall be reported to the cabinet. If the testing is performed on a confidential basis, the name and other information specified in KRS 214.645 shall be reported to the cabinet. The cabinet shall continue to provide for anonymous testing and counseling. (d) The result of a serologic test conducted under the auspices of the cabinet shall not be used to determine if a person may be insured for disability, health, or life insurance or to screen or determine suitability for, or to discharge a person from, employment. Any person who violates the provisions of this subsection shall be guilty of a Class A misdemeanor. (7) No public health department and no other person in this state shall conduct or hold themselves out to the public as conducting a testing program for acquired immunodeficiency syndrome, acquired immunodeficiency syndrome related complex, or human immunodeficiency virus status without first registering with the cabinet, complying with all other applicable provisions of state law, and meeting the following requirements: (a) The program shall be directed by a person who has completed an educational course approved by the cabinet in the counseling of persons with acquired immunodeficiency syndrome, acquired immunodeficiency syndrome related complex, or human immunodeficiency virus infection; (b) The program shall have all medical care supervised by a physician licensed under the provisions of KRS Chapter 311; (c) The program shall have all laboratory procedures performed in a laboratory licensed under the provisions of KRS Chapter 333; (d) Informed consent shall be required prior to testing. Informed consent shall be preceded by an explanation of the test, including its purpose, potential uses, and limitations and the meaning of its results; (e) The program, unless it is a blood donor center, shall provide pretest counseling on the meaning of a test for human immunodeficiency virus, including medical indications for the test; the possibility of false positive or false negative results; the potential need for confirmatory testing; the potential social, medical, and economic consequences of a positive test result; and the need to eliminate high-risk behavior; (f) The program shall provide supplemental corroborative testing on all positive test results before the results of any positive test is provided to the patient; (g) The program shall provide post-test counseling, in person, on the meaning of the test results; the possible need for additional testing; the social, medical, and economic consequences of a positive test result; and the need to eliminate behavior which might spread the disease to others; (h) Each person providing post-test counseling to a patient with a positive test result shall receive specialized training, to be specified by regulation of the cabinet, about the special needs of persons with positive results, including recognition of possible suicidal behavior, and shall refer the patient for further health and social services as appropriate; (i) When services are provided for a charge during pretest counseling, testing, supplemental testing, and post-test counseling, the program shall provide a complete list of all charges to the patient and the cabinet; and (j) Nothing in this subsection shall be construed to require a facility licensed under KRS Chapter 333 or a person licensed under the provisions of KRS Chapters 311, 312, or 313 to register with the cabinet if he or she does not advertise or hold himself or herself out to the public as conducting testing programs for human immunodeficiency virus infection or specializing in such testing. (8) Any violation of this section by a licensed health-care provider shall be a ground for disciplinary action contained in the professional's respective licensing chapter. (9) Except as provided in subsection (6)(d) of this section and KRS 304.12-013, insurers and others participating in activities related to the insurance application and underwriting process shall be exempt from this section. (10) The cabinet shall develop program standards consistent with the provisions of this section for counseling and testing persons for the human immunodeficiency virus. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 134, sec. 2, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 85, sec. 74, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 467, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 102, sec. 3, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 432, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 414, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 309, sec. 2, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 443, sec. 40, effective July 13, 1990.

KRS 214.627 Self-test for HIV infection

214.627. Self-test for HIV infection Nothing in KRS 214.181, 214.625, or 214.995 shall be construed to prohibit a person from obtaining or performing upon himself or herself a self-test designed to detect human immunodeficiency virus infection. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 150, sec. 3, effective June 29, 2023.

KRS 214.630 Payment of costs

214.630. Payment of costs (1) If the defendant is able to pay, he shall pay all fees and costs associated with this action. (2) If the defendant is found by the court to be indigent, all fees and costs shall be waived and defendant shall be represented by an attorney from, or under contract to the Department of Public Advocacy. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 443, sec. 45, effective July 13, 1990.

KRS 214.635 Estimate of AIDS and HIV infection impact on state spending for health

214.635. Estimate of AIDS and HIV infection impact on state spending for health The cabinet, on an annual basis, shall estimate the potential impact of acquired immunodeficiency syndrome and human immunodeficiency virus infection on total state spending for health. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 443, sec. 46, effective July 13, 1990.

KRS 214.640 HIV and AIDS Planning and Advisory Council -- Membership -- Functions

214.640. HIV and AIDS Planning and Advisory Council -- Membership -- Functions (1) The Cabinet for Health and Family Services may create, to the extent permitted by available staffing and funding, an HIV and AIDS Planning and Advisory Council to consist of no more than thirty (30) members, for the purpose of advising the cabinet on the formulation of HIV and AIDS policy. Membership on the committee shall be drawn from the following: (a) The commissioner of the Department for Public Health; (b) The commissioner of the Department for Medicaid Services; (c) Representatives of other state agencies or boards that provide services to clients of HIV or AIDS services or that provide education to professionals who come into contact with HIV or AIDS clients, as designated by the Governor; (d) Physicians representing different geographic regions of the state; (e) HIV or AIDS clients; and (f) Representatives of community -based organizations from different geographic regions of the state. To the extent possible, membership of the council shall reflect the epidemiology of the HIV/AIDS epidemic. (2) The members designated under subsection (1)(a) to (c) of this section shall serve for the duration of service in their offices, subject to removal for cause by the Governor. These members shall not be paid for attending council meetings but may receive reimbursement of expenses. (3) The members serving under subsection (1)(d) to (f) of this section shall be appointed by the cabinet from lists submitted by the appropriate li censing entities of the profession involved, by the cabinet, and by community -based organizations. These members shall serve for a term of four (4) years and may be reappointed, but the members shall not serve for more than two (2) consecutive terms. (4) The chair of the council shall be elected from the membership serving under subsection (1)(d) to (f) of this section. (5) The functions of the council shall include but shall not be limited to: (a) Reporting its findings to the cabinet and monitoring t he responsiveness of the cabinet to insure that the council's recommendations are being followed; (b) Exploring the feasibility, design, cost, and necessary funding for centers of excellence to deliver comprehensive, coordinated medical and related care to all people with HIV or AIDS in the Commonwealth based on national clinical guidelines and practice standards. Coordinated medical care shall include but not be limited to access to: 1. AIDS primary care; 2. Drug therapy; 3. Specialists' care, including psychiatric and other mental health providers; 4. Case management services; 5. Dental care; 6. Chemical dependency treatment; and 7. Basic needs, including but not limited to housing and food; (c) Assessing resources and gaps in services provided for persons with HIV or AIDS; (d) Subdividing into necessary subcommittees. One (1) subcommittee may be formed that will consist solely of persons living with HIV or AIDS. This subcommittee shall make those recommendations as it deems necessary to the council, including recommendations on effective peer-based prevention programs; and (e) Reporting its findings and recommendations to the General Assembly and the Interim Joint Committee on Health Services by September 1, 2001, and by September 1 of each year thereafter. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 28, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 158, sec. 49, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 468, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 103, sec. 1, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 432, sec. 3, effective July 14, 2000.

KRS 214.645 Reporting system of HIV-positive persons -- Confidentiality and reporting requirements -- Reporting system surveillance, assessment, and restrictions

214.645. Reporting system of HIV-positive persons -- Confidentiality and reporting requirements -- Reporting system surveillance, assessment, and restrictions (1) The Cabinet for Health and Family Services shall establish a system for reporting, by the use of the person's name, of all persons who test positive for the human immunodeficiency virus (HIV) infection. The reporting shall include the data including, but not limited to, CD4 count and viral load, and other information that are necessary to comply with the confidentiality and reporting requirements of the most recent edition of the Centers for Disease Control and Prevention's (CDC) Guidelines for National Human Immunodeficiency Virus Case Surveillance. Anonymous testing shall remain as an alter native. If less restrictive data identifying requirements are identified by the CDC, the cabinet shall evaluate the new requirements for implementation. (2) The reporting system established under subsection (1) of this section shall: (a) Use the same confidential name-based approach for HIV surveillance that is used for AIDS surveillance by the cabinet; (b) Attempt to identify all modes of HIV transmission, unusual clinical or virologic manifestations, and other cases of public health importance; (c) Require collection of the names and data from all private and public sources of HIV-related testing and care services; and (d) Use reporting methods that match the CDC's standards for completeness, timeliness, and accuracy, and follow up, as necessary, with the health care provider or the provider's designee making the report to verify completeness, timeliness, and accuracy. (3) Authorized surveillance staff designated by the cabinet shall: (a) Match the information from the reporting system to other public healt h databases, wherever possible, to limit duplication and to better quantify the extent of HIV infection in the Commonwealth; (b) Conduct a biennial assessment of the HIV and AIDS reporting systems, ensure that the assessment is available for review by the public and any state or federal agency, and forward a copy of the assessment to the Legislative Research Commission and the Interim Joint Committee on Health Services; (c) Document the security policies and procedures and ensure their availability for review by the public or any state or federal agency; (d) Minimize storage and retention of unnecessary paper or electronic reports and ensure that related policies are consistent with CDC technical guidelines; (e) Ensure that electronic transfer of data is protected by encryption during transfer; (f) Provide that records be stored in a physically secluded area and protected by coded passwords and computer encryption; (g) Restrict access to data a minimum number of authorized surveillance staff who are designated by a responsible authorizing official, who have been trained in confidentiality procedures, and who are aware of penalties for unauthorized disclosure of surveillance information; (h) Require that any other public health program that receives data has appropriate security and confidentiality protections and penalties; (i) Restrict use of data, from which identifying information has been removed, to cabinet-approved research, and require all persons with this use to sign confidentiality statements; (j) Prohibit release of any names or any other identifying information that may have been received in a report to any person or organization, whether public or private, except in compliance with federal law or consultations with other state surveillance programs and reporting sources. Under no circumstances shall a name or any identifying information be reported to the CDC; and (k) Immediately investigate any report of breach of reporting, surveillance, or confidentiality policy, report the breach to the CDC, develop recommendations for improvements in security measure, and take appropriate disciplinary action for any documented breach. (4) The cabinet shall require any physician, advanced practice registered nurse, designee, or medical laboratory that receives a report of a positive test for the human immunodeficiency virus to report that information by reference to the name in accordance with the procedure for establishing name reporting required by the cabinet in an administrative regulation. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 29, effective June 29, 2023. -- Amended 2019 Ky. Acts ch. 134, sec. 3, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 85, sec. 75, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 469, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 102, sec. 4, effective July 13, 2004. -- Created 2000 Ky. Acts ch. 432, sec. 4, effective July 14, 2000.

KRS 214.650 Review of HIV and AIDS care coordination -- Surveillance of newborns exposed to HIV -- HIV and AIDS pharmacological services

214.650. Review of HIV and AIDS care coordination -- Surveillance of newborns exposed to HIV -- HIV and AIDS pharmacological services (1) The cabinet shall: (a) Conduct a review of any guidelines for HIV or acquired immunodeficiency syndrome (AIDS) care coordination to ensure: 1. Consistency; 2. Comprehensive in service; and 3. That access to health care and sustaining individuals infected with HIV/AIDS in primary HIV-related medical care is the top priority for care coordinators; (b) Conduct objective peer reviews, as necessary, of each care coordination agency to insure that care coordinators are in compliance with the care coordination guidelines; (c) Conduct outcome evaluations, as necessary and as permitted by funding limitations, to measure the quality and impact of the care coordinator delivery system; (d) Review the need for additional care coordinators to assure that client caseloads are manageable and, to the extent that funds are available, strive for a maximum client caseload of forty (40) to fifty (50) clients per care coordinator. If, after this review, the cabinet finds the need for additional staff, it may develop a plan and request funding for the hiring of additional care coordinators in the geographic areas of greatest need; (e) Review eligibility criteria for persons who wish to receive treatment medications through the Kentucky AIDS Drug Assistance Program to ensure that these funds are the funds of last resort; (f) Review the data collected under KRS 214.645 to determine whether allocated resources are sufficiently distributed to meet the geographic distribution of reported HIV and AIDS cases; (g) Work with other agencies, departments, and cabinets to advise on their development of educational HIV and AIDS programs that are mandated by law; (h) Urge access to Spanish-speaking interpreters to provide prevention, treatment, and service efforts where needed in the Commonwealth; (i) Provide for consistent and comprehensive HIV and AIDS counseling and testing education in all public health departments as needed; (j) Require collaboration between HIV prevention educators and HIV care coordinators with the goal of reducing the further transmission of HIV by those already infected; and (k) Encourage community-based organizations to develop an outreach program designed to foster active partnerships with willing faith-based communities. These partnerships may be used to educate community members about illegal drug use, the value of harm reduction programs, and HIV and AIDS prevention and services. (2) Authorized surveillance staff designated by the cabinet shall review all known cases of newborns with perinatal exposure to HIV infection or with HIV infection. (3) Any pharmacy or clinic that provides HIV or AIDS-related medications through the Kentucky AIDS Drug Assistance Program or any other state assistance program shall: (a) Be encouraged to provide pharmacological consultation reimbursement with written documentation. Documentation may include date of interview, assessment of timely drug refills, side effects, problems, remediation, outcomes noted, and the pharmacist's HIV specialized physician; and (b) Be encouraged to seek HIV pharmacological certification in addition to already recommended continuing education training on HIV and AIDS. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 432, sec. 5, effective July 14, 2000.

KRS 214.655 Availability of grant opportunities for treatment of HIV and AIDS

214.655. Availability of grant opportunities for treatment of HIV and AIDS The cabinet may make available information about grant opportunities to nonprofit clinics in the Commonwealth that are established to provide treatment in a multidisciplinary team approach for patients with HIV and AIDS. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 432, sec. 6, effective July 14, 2000.

KRS 214.990 Penalties

214.990. Penalties (1) Every head of a family who willfully fails or refuses and every physician who fails or refuses to comply with KRS 214.010 shall be guilty of a violation for each day he neglects or refuses to report. Repeated failure to report is sufficient cause for the revocation of a physician's certificate to practice medicine in this state. (2) Any person who willfully violates any administrative regulation promulgated under KRS Chapter 13A by the Cabinet for Health and Family Services under KRS 214.020 shall be guilty of a Class B misdemeanor. (3) Any physician or other person legally permitted to engage in attendance upon a pregnant woman during pregnancy or at delivery who fails to exercise due diligence in complying with KRS 214.160 and 214.170 shall be guilty of a violation. (4) Any person who violates any of the provisions of KRS 214.280 to 214.310 shall be guilty of a Class A misdemeanor. (5) Any person who violates any provision of KRS 214.034 or KRS 158.035 shall be guilty of a Class B misdemeanor. (6) Any person who violates any provision of KRS 214.420 shall be guilty of a violation. Each violation shall constitute a separate offense. (7) Any person who knowingly violates any provision of KRS 214.452 to 214.466 shall be guilty of a Class D felony. Each violation shall constitute a separate offense. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 23, effective February 2, 2021. -- Amended 2005 Ky. Acts ch. 99, sec. 470, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 415, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 463, sec. 23, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 76, sec. 10, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 294, sec. 4, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 113, sec. 5, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 65, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Amended 1968 Ky. Acts ch. 87, sec. 7. -- Amended 1962 Ky. Acts ch. 95, sec. 5. -- Amended 1954 Ky. Acts ch. 223, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2049, 2055a, 2056, 2062b-3, 2062b-8, 2062d-9, 2635c-12, 3909, 4615, G.S., ch. 102, Art. II, sec. 8.

KRS 214.995 Penalties for disclosure of HIV test results or identity of person upon whom test is performed -- Exceptions

214.995. Penalties for disclosure of HIV test results or identity of person upon whom test is performed -- Exceptions (1) A person who discloses, intentionally in violation of KRS 214.181(5)(d) or 214.625(5)(c), the identity of a person upon whom has bee n conducted a test to detect human immunodeficiency virus infection shall be guilty of a Class A misdemeanor. (2) A person who intentionally releases any name or other identifying information in violation of KRS 214.645(3)(j) shall be guilty of a Class A m isdemeanor. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 102, sec. 5, effective July 13, 2004. Legislative Research Commission Note (7/14/2023). 2004 Ky. Acts ch. 102, sec. 5, which created this statute, contained a reference in subsection ( 2) to "subsection (3)(j) of Section 4 of this Act." Although Section 4 of the Act amended KRS 214.645, the reference was erroneously codified as "KRS 215.645(3)(j)" instead of "KRS 214.645(3)(j)" This manifest clerical or typographical error has been corre cted under the authority of KRS 7.136. Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 150, sec. 1, inserted an additional paragraph into KRS 214.181(5) and changed the existing paragraph (c) to paragraph (d), but that Act failed to include a conforming amendment to change the reference to that paragraph in subsection (1) of this statute. Under KRS 7.136(1)(e), that change has now been made.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38211Fetched: 10/20/2026