Kentucky Revised Statutes

Kentucky Revised Statutes

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Statutes Last Updated June 26, 2007

Includes Enactments through the 2007 Regular Session
This page was produced on 6/28/2007 at 2:23:30 PM

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KRS Chapter 311.00

.010 Repealed, 1952.

.020 Repealed, 1952.

.030 Repealed, 1952.

.040 Repealed, 1952.

.050 Repealed, 1952.

.060 Repealed, 1952.

.070 Repealed, 1952.

.080 Repealed, 1952.

.090 Repealed, 1952.

.100 Repealed, 1952.

.110 Repealed, 1952.

.120 Repealed, 1952.

.130 Repealed, 1952.

Utilization Review

.131 Repealed, 2000.

.132 Repealed, 2000.

.133 Repealed, 2000.

.134 Repealed, 2000.

.135 Repealed, 2000.

.136 Repealed, 2000.

.137 Repealed, 2000.

.138 Repealed, 2000.

.139 Repealed, 2000.

.140 Repealed, 1950.

.150 Repealed, 1950.

.160 Repealed, 1950.

Anatomical Gifts

.165 Definitions for KRS 311.165 to 311.235.

.170 Repealed, 1950.

.171 Prohibitions and restrictions relating to transplantable organs.

.175 Persons who may execute an anatomical gift.

.180 Repealed, 1950.

.185 Persons who may become donees -- Purposes for which anatomical gifts may be made.

.187 Removal of cornea or corneal tissue from decedent whose death defined as a coroner's case -- Conditions -- Who may remove.

.190 Repealed, 1950.

.195 Manner of executing anatomical gifts.

.200 Repealed, 1950.

.205 Delivery of document of gift.

.210 Repealed, 1950.

.215 Amendment or revocation of the gift.

.220 Repealed, 1950.

.225 Rights and duties at death.

.230 Repealed, 1950.

.235 Uniformity of interpretation.

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

.237 Requirement to honor donor's wishes unless revoked.

.240 Repealed, 1950.

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

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

.245 Duty of hospital and allied health personnel to make known patient's intent to donate organ.

.247 Duty of law enforcement and medical personnel in accident and coroners' cases.

General Provisions

.250 Itinerant medical company to obtain license -- Fee.

.260 Itinerant doctors not to register or practice.

.270 Repealed, 1952.

.271 Preliminary educational requirements for practitioners of healing arts.

.275 Request to expunge minor violations from permanent record -- Administrative regulations.

.280 Repealed, 1952.

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

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

.285 Repealed, 1996.

.290 Repealed, 1952.

.300 Professor of medical college may procure dead bodies.

.310 Bond filed with county clerk -- Fee.

.320 Use of bodies.

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

.340 Burial after dissection.

.350 College to keep record of bodies.

.352 Repealed, 1970.

.354 Repealed, 1970.

.356 Repealed, 1970.

.360 Repealed, 1956.

.370 Repealed, 1956.

.375 Conditions governing use of title "Doctor" or "Dr."

.376 Construction of KRS 311.375.

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

.378 Warning of dangers of drinking alcoholic beverages during pregnancy to be posted -- Penalty.

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

Practice of Podiatry

.380 Definitions for KRS 311.390 to 311.510.

.390 Scope and application of law -- Exemptions.

.400 License required.

.410 State Board of Podiatry -- Qualifications, terms of members -- Officers -- Powers -- Meetings -- Immunity.

.415 Repealed, 1962.

.420 Examinations -- Qualifications -- National board examinations -- Fees -- Issuance of licenses -- Expenses of board members -- Rules and regulations.

.430 Repealed 1962.

.440 Registration of licenses.

.450 Expiration date of licenses -- Renewal -- Delinquent licensees -- Penalty -- Deposit and use of fees.

.460 Practice under own name -- Titles that may be used.

.470 Display of licenses -- Advertising.

.475 Reciprocal licensure.

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

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

.495 County and Commonwealth's attorneys to prosecute violations -- Powers of investigators and others.

.500 Record of revocation or suspension.

.510 Repealed, 1996.

.520 Repealed, 1958.

Practice of Medicine and Osteopathy

.530 State Board of Medical Licensure -- Membership.

.535 Terms -- Expiration.

.540 Meetings -- Officers -- Compensation.

.541 Repealed, 1994.

.545 Contract with other state agencies -- Records -- Annual report to Governor.

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

.555 Legislative declaration of policy -- Standards for judicial review.

.560 Prohibition against practice of medicine or osteopathy without license -- Exceptions.

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

.567 Repealed, 2002.

.570 Repealed, 1984.

.571 Qualifications for licenses -- Exception in extraordinary circumstances.

.572 Order to show cause -- Hearing.

.575 Issuance and cancellation of temporary permit -- Notice -- Application of temporary permit fees upon regular license fee.

.580 Forms of licenses and permits.

.585 Repealed, 1972.

.586 Report to board of physician's address -- Notice of change of address.

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

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

.592 Emergency order suspending, limiting, or restricting license -- Hearing.

.593 Judicial review of orders of board.

.594 Probation or indefinite restriction or limitation-- Inquiry relating to violation -- Motion to revoke probation or indefinite restriction or limitation-- Hearing -- Order.

.595 Denial, probation, suspension, or revocation of licenses and permits.

.596 Repealed, 1984.

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

.5975 Duty of treating physician utilizing telehealth to insure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations.

.598 Repealed, 1984.

.599 Mental or physical examination of physician -- Effect of failure to submit to examination -- Opportunity to have license renewed.

.600 Repealed, 1972.

.601 Adoption of administrative regulations.

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

.603 Immunity for official acts.

.604 Clinical competency examination and skills assessment program -- Demonstration of competency to resume practice.

.605 Reports of violations -- Enforcement powers of agents of board -- Injunctions.

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

.607 Petition for new license two years after revocation -- Probation period.

.610 Deposit and use of fees.

.615 Continuation of existing licenses -- Limitation of authority.

.616 Impaired physicians program.

.617 Creation, support, and maintenance of committee -- Authority for administrative regulations.

.618 Repealed, 2002.

.619 Confidentiality and privileged status of program's records.

.6191 Nonliability of persons who furnish information to program.

.620 Short title.

Kentucky Living Will Directive Act

.621 Definitions for KRS 311.621 to 311.643.

.622 Repealed, 1994.

.623 Living will directive -- Eligible persons -- Scope -- Effect -- Recognition of person's desire not to be resuscitated.

.6231 Court-appointed fiduciary bound by terms of grantor's advance directive -- Power of surrogate to act.

.624 Repealed, 1994.

.625 Form of living will directive.

.626 Repealed, 1994.

.627 Revocation.

.628 Repealed, 1994.

.629 Powers of health care surrogate.

.630 Repealed, 1994.

.631 Responsible parties authorized to make health care decisions.

.632 Repealed, 1994.

.633 Notification to attending physician and health care facility -- Effect of refusal to comply -- Unlawful discriminatory practices.

.634 Repealed, 1994.

.635 Exemptions from criminal prosecution and civil liability -- Exceptions -- Presumption of voluntary and valid execution.

.636 Repealed, 1994.

.637 Withholding or withdrawal of life-prolonging treatment under KRS 311.621 to 311.643 not to constitute suicide -- Effect on insurance or health care coverage -- Directives made outside KRS 311.621 to 311.643.

.638 Repealed, 1994.

.639 Mercy killing not condoned, authorized, or approved.

.640 Repealed, 1994.

.641 Civil liability and criminal penalty for falsification or destruction of advance directive.

.642 Repealed, 1994.

.643 Short title for KRS 311.621 to 311.643.

.644 Repealed, 1994.

Paramedics

.650 Repealed, 2000.

.652 Repealed, 2002.

.6521 Repealed, 2002.

.6522 Repealed, 2002.

.6523 Repealed, 2002.

.6524 Repealed, 2002.

.6525 Repealed, 2002.

.6526 Repealed, 2002.

.653 Renumbered as KRS 311A.115.

.6531 Renumbered as KRS 311A.120.

.654 Repealed, 2002.

.6541 Repealed, 2002.

.655 Repealed, 2003.

.656 Repealed, 2002.

.6561 Repealed, 2002.

.6563 Repealed, 2002.

.657 Renumbered as KRS 311A.027.

.6577 Repealed, 2002.

.6579 Repealed, 2002.

.658 Repealed, 2002.

.660 Repealed, 2002.

Automated External Defibrillators

.665 Legislative intent for use of automated external defibrillators.

.666 Definitions for KRS 311.665 to 311.669.

.667 Requirements for person or entity acquiring an automated external defibrillator.

.668 Immunity from civil liability for user of automated external defibrillator -- Exemption from KRS 311.667 for Good Samaritan.

.669 Professionals to whom KRS 311.665 to 311.669 does not apply -- Licensing boards may require continuing education and training.

Acupuncturists

.671 Applicability of KRS 311.671 to 311.686.

.672 Definitions for 311.671 to 311.686.

.673 Acupuncture Advisory Committee -- Membership -- Meetings -- Duties.

.674 Certification as an acupuncturist -- Approval and denial of applications -- Renewal -- Reciprocity.

.675 Temporary certification as an acupuncturist -- Notification upon cancellation of temporary certificate.

.676 Requirement for use of designation and display of certificate -- Prohibited activities -- Penalties.

.677 Persons and activities not regulated by KRS 311.671 to 311.686.

.678 Required disclosure to patients -- Informed consent.

.679 Reporting and recordkeeping requirements.

.680 Written plan governing consultation with patients and medical emergencies -- Treatment of patients with serious disorders or conditions -- Administrative regulations.

.681 Renewal of certification -- Grace period -- Termination, suspension, revocation, and reinstatement of certificate.

.682 Continuing education requirements.

.683 Application for certificate of inactive status -- Reactivation.

.684 Revocation of certificate -- Written admonishment -- Other disciplinary proceedings.

.685 Hearing required before imposition of sanctions -- Right to hearing and appeal -- Petition for reissuance of revoked certificate -- Probation -- Decisions of board not subject to judicial review.

.686 Emergency order suspending, limiting, or restricting certificate -- Complaint and hearing -- Procedural rules for hearing -- Emergency order invalid after issuance of final order.

Abortions

.710 Legislative findings.

.715 Use of public funds for abortion or in-vitro fertilization prohibited -- Use of public medical facilities for in-vitro fertilization permitted -- "Public funds" defined.

.720 Definitions for KRS 311.710 to 311.820 and other laws.

.723 When physician may perform abortion -- Guidelines.

.725 Requirement of voluntary and informed written consent for abortion -- Cabinet's duty to produce and make available informational materials -- Abortions in medical emergencies.

.726 Repealed, 1998.

.729 Repealed, 1998.

.730 Repealed, 1982.

.732 Performance of abortion upon a minor -- Definitions -- Consent requirement -- Petition in District or Circuit Court -- Medical emergencies.

.733 Severability.

.735 Notice to spouse -- Exceptions -- Civil remedies.

.740 Repealed, 1982.

.750 Performance by other than licensed physician prohibited.

.760 Minimum standards for performance of abortion.

.765 Prohibition against partial-birth abortion.

.770 Restriction on use of saline method.

.780 Prohibition of abortion after viability -- Exceptions.

.790 Issuance of birth and death certificates for live-born child after attempted abortion.

.800 Abortions in publicly owned hospital or health care facility prohibited -- Exception -- Injunction to enforce compliance -- Abortions in private hospital or health care facility -- Unlawful discriminatory practices.

.810 Discrimination for refusal to submit to abortion prohibited.

.820 Abortion referral or counseling agency not to charge fee -- Penalty.

.830 Severability.

Physician Assistants

.840 Definitions for KRS 311.840 to 311.862.

.842 Administrative regulations -- Physicians Assistant Advisory Committee -- Physician assistant students.

.844 Licensing of physician assistants -- Requirements -- Endorsement from other state -- Renewal of license.

.845 Temporary licensing of physician assistants -- Cancellation.

.846 Examination -- Educational and training programs.

.848 Medical emergency -- Approval of additional physician assistants -- Emergency permit.

.850 Discipline of physician assistants.

.852 Emergency order issued by inquiry panel suspending, limiting, or restricting license.

.854 Approval of supervising physician -- Requirements -- Application -- Number of assistants -- Restrictions on practice and supervision.

.856 Duties of supervising physician.

.858 Services and procedures that may be performed by physician assistant -- Restrictions.

.860 Services performed in location separate from supervising physician.

.862 Practice as anesthesiology assistant.

Surgical Assistants

.864 Definitions for KRS 311.864 to 311.890.

.866 Certification requirement -- When not required.

.868 Advisory Committee for Surgical Assistants.

.870 Administrative regulations and records.

.872 Public interest information.

.874 Investigations and disciplinary procedures.

.876 Duty to report violations -- Immunity from civil liability.

.878 Application for certification -- Eligibility.

.880 Out-of-state applicants.

.882 Issuance of certificate before July 1, 2005.

.884 Fees for use in administering provisions of KRS 311.864 to 311.890.

.886 Renewal of surgical assistant certificate.

.888 No authorization to practice medicine or registered nursing -- No condition for reimbursement.

.890 Revocation, suspension, denial, declination to renew, limitation, restriction of certification -- Fines, reprimands, probation.

Certification of Athletic Trainers

.900 Definitions for KRS 311.900 to 311.928.

.901 Administrative regulations for certified athletic trainers -- Educational requirements -- Kentucky Athletic Trainers Advisory Council.

.902 Repealed, 2006.

.903 Prohibited services by certified athletic trainers -- Responsibilities and duties of certified athletic trainers -- Prohibited billing.

.904 Repealed, 2006.

.905 Requirements to be certified as an athletic trainer -- Exception to requirements -- Inactive status -- Automatic certification.

.906 Repealed, 2006.

.907 Temporary certificates -- Cancellation of temporary certificates.

.908 Repealed, 2006.

.909 Disciplinary measures by the board -- Grounds -- Procedures.

.910 Repealed, 2006.

.911 Inquiry panel powers.

.912 Repealed, 2006.

.914 Repealed, 2006.

.916 Repealed, 2006.

.918 Repealed, 2006.

.920 Repealed, 2006.

.922 Repealed, 2006.

.924 Repealed, 2006.

.926 Repealed, 2006.

.928 Limitation on construction of KRS 311.900 to 311.928.

Disseminating Information on Treatment of Breast Cancer

.935 Preparation of standardized written summary of information on alternatives in treatment of breast cancer -- Distribution to patients.