05RS HB298

HB298

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HB 298/FN/LM (BR 461) - Ji. Lee, T. Feeley, J. Barrows, C. Belcher, T. Burch, L. Clark, J. Crenshaw, M. Denham, W. Hall, J. Jenkins, M. Marzian, T. McKee, R. Meeks, H. Moberly Jr, R. Nelson, S. Nunn, R. Palumbo, J. Richards, T. Riner, K. Stein, T. Thompson, M. Weaver

     AN ACT relating to the protection of adults and declaring an emergency.
     Amend KRS 209.010 to include coordination and efficiency among agencies that respond to adult abuse, neglect, or exploitation among purposes of the chapter; specify that this chapter shall not apply to victims of domestic violence unless the person meets the amended definition of adult; amend KRS 209.020 to define or redefine "adult," "caretaker," "deception," "abuse," "exploitation," "investigation," "records," "neglect," and "authorized agencies"; amend KRS 209.030 to specify that the Cabinet for Families and Children has primary responsibility for investigation and services under KRS Chapter 209, but that nothing restricts the authority of other agencies; specify cabinet actions upon receipt of a report to include notice to law enforcement within 24 hours and immediate notice when an emergency circumstance or a potential crime occurs; require the cabinet to establish standardized procedures for notifying other authorized agencies; if practical, require the cabinet to coordinate investigations with other agencies and to support specialized multidisciplinary teams with professionals who have investigative authority; specify that cabinet representatives shall be allowed access to financial records in an active investigation; require the cabinet to consult with agencies and advocacy programs to encourage information sharing, training, and awareness of adult abuse, neglect, and exploitation; require each agency that receives notice of a report from the cabinet to submit an annual report of actions taken and the current status of investigations; require the cabinet to summarize all reports from other agencies into a report to the Governor and Legislative Research Commission; specify that no identifying information about the victim shall be included in the report; require recommendations on improving investigations and make the report available upon request; amend KRS 209.110 to specify that a summons for a hearing for emergency protective services shall not be made upon an alleged perpetrator; amend KRS 209.130 to specify that the court order for protective services shall not be made upon the alleged perpetrator; create new sections of KRS Chapter 209 to encourage counties to develop protocols for adult abuse investigations; require prosecutors to have an attorney trained in adult abuse and one lead prosecutor for adult abuse cases, if adequate personnel are available; require prosecutors to have an active role in adult abuse cases and minimize the involvement of the adult victim; require prosecutor's offices to make appropriate referrals when a case is not prosecuted; require the cabinet to establish a registry of persons who have been substantiated for adult abuse, neglect, or exploitation; require an appeal process for persons substantiated by the cabinet and prohibit a licensed or certified facility from employing a person on the registry; amend KRS 209.990 to make technical amendment; create new sections of KRS Chapter 15 to require an eight-hour training program on elder abuse, neglect, and exploitation for prosecutors, and require a four-hour update for assistant prosecutors and detectives every five years; specify those subjects approved by the Kentucky Law Enforcement Council for mandatory training, including abuse, neglect, and exploitation of the elderly, domestic violence, and child abuse; require the council to develop similar mandatory professional development training; amend KRS 15.760 to require victim advocates to have training in elder abuse, neglect, and exploitation; amend KRS 15A.190 to add adult abuse, neglect, and exploitation and other crimes to the uniform reporting form by January 1, 2006; amend KRS 21A.170 to add adult abuse, neglect, and exploitation to Circuit and District Judges training once every two years; amend KRS 30A.015 to add adult abuse, neglect, and exploitation to circuit clerks training once every two years; amend KRS 69.350 to require victim advocates to have training in adult abuse, neglect, and exploitation; amend KRS 194A.540 to require the cabinet to develop training on adult abuse, neglect, and exploitation for specified licensure boards; amend KRS 194B.530 to require training for social workers; create a new section of KRS Chapter 209 to permit training to be developed and accessed electronically; establish KRS Chapter 209A and create new sections to move relevant provisions of KRS Chapter 209 that relate to domestic violence into this chapter; EMERGENCY.

HB 298 - AMENDMENTS


     HCS/FN/LM - Retain original provisions except specify use of records; require standardized procedures for notification of other investigatory agencies; create a new section of KRS 209 to require cabinet to provide for sufficient staff to respond to adult abuse, neglect, and exploitation; create a new section of KRS Chapter 209 to require the Office of Attorney General to develop a prosecutors' manual; create a new section of KRS Chapter 15 to specify law enforcement basic and professional development training courses, require administrative regulations on training requirements, and require the Law Enforcement Council to report to the LRC about mandatory training subjects each year; create a new section of KRS Chapter 21A to require the Administrative Office of the Courts to develop judicial training; delete requirements relating to the adult abuse registry; delete prohibition of employment of a person on the registry by a certified or licensed facility.

     HFA (1, J. Lee) - Retain original provisions except delete assignment from definition of caretaker; specify that the Office of Inspector General is responsible for identification of abuse, neglect, or exploitation by an administrator or management of a facility; delete new definition of neglect; specify that authorized agencies shall submit written reports of referrals from the cabinet in accordance with state and federal confidentiality and open records laws and require reports to contain the current status or disposition of each case referred; add that the Elder Abuse Committee may recommend practices in its model protocol for reporting to the cabinet; delete language about counties developing investigative protocols; reduce required training for prosecutors to 4 hours initially and 2 hours every 5 years; delete training requirement for circuit clerks and deputy clerks; add a new section to amend KRS 209.005 to permit law enforcement officials and prosecutors to be members of the Elder Abuse Committee; require the committee to address investigations, to recommend a model protocol for joint multidisciplinary investigations, and to recommend practices for reporting investigative outcomes.

     HFA (2/Title, J. Lee) - Make title amendment.

     SFA (1, R. Stivers II) - Retain original provisions; attach provisions of HB 303/HCS.

     SFA (2/Title, R. Stivers II) - Make title amendment.

     SFA (3, J. Denton) - Amend KRS 205.560 to require Medicaid to use forms and guidelines established by the commissioner of insurance to assess the credentials of health care providers applying for participation in Medicaid; amend KRS 216B.155 to require health care facilities to use the application form and guidelines established by the commissioner of insurance to assess the credentials of persons applying for privileges; and amend KRS 314.17A-545 to require the commissioner of insurance to establish a uniform application form and guidelines for the evaluation and reevaluation of health care providers, including psychologists, who will be on a health benefit plan's list of participating providers.

     SFA (4, J. Denton) - Attach provisions of SB 189/GA, SB 23/HCS(2), and SB 25/HCS(1); clarify that a school district and its employees have immunity from any injury sustained by a student from any reaction to any hypoglycemic or seizure medications or its administration, and that a parent shall hold harmless the school and its employees against any claims made for any reaction to any medications or the administration thereof to treat a hypoglycemic episode or seizure; add that Glucagon may be administered at school for hypoglycemia or other conditions noted in the health care practitioner's written statement.

     SFA (5/Title, J. Denton) - Make title amendment.

     Feb 3-introduced in House
     Feb 4-to Health and Welfare (H); posted in committee
     Feb 10-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 11-2nd reading, to Rules
     Feb 14-posted for passage in the Regular Orders of the Day for Tuesday, February 15, 2005
     Feb 15-floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
     Feb 16-3rd reading, passed 98-0 with Committee Substitute, floor amendments (1) and (2-title)
     Feb 17-received in Senate
     Feb 23-to Judiciary (S)
     Feb 28-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Judiciary (S)
     Mar 2-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Judiciary (S)
     Mar 3-reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 4, 2005; floor amendments (1) and (2-title) filed
     Mar 4-floor amendments (3) (4) and (5-title) filed; 3rd reading; floor amendments (1) and (2-title) withdrawn; passed 37-0
     Mar 8-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 132)


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