AN ACT relating to health services.

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AN ACT relating to health services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311.380 is amended to read as follows: 3
As used in KRS 311.380 to 311.500 [311.390 to 311.510, unless the context otherwise 4
requires]: 5
(1) "Board" means the State Board of Podiatry; 6
(2) "Physician assistant" has the same meaning as i n Section 10 of this 7
Act;["Podiatry" is that profession of the health sciences which deals with the 8
examination, diagnosis, treatment, and prevention of diseases, conditions, and 9
malfunctions affecting the human foot and its related or governing structures , by 10
employment of medical, surgical, or other means;] 11
(3) "Podiatric assistant" means a person licensed by the board to assist licensed 12
podiatrists with specific duties and tasks related to the practice of podiatry as 13
permitted by administrative regulations promulgated by the board; 14
(4) "Podiatric residency" means a program of supervised postgraduate clinical 15
training approved by the board for a licensed podiatric resident; 16
(5) "Podiatric resident" means a person licensed by the board and participating in a 17
podiatric residency; 18
(6) "Podiatric supervision" has the same meaning as in Section 10 of this Act; 19
(7)[(3)] "Podiatrist" is a physician and surgeon who has graduated from a college of 20
podiatric medicine accredited by the Council on Podiatric Medical [Podiatry] 21
Education of the American Podiatric Medical [Podiatry] Association or approved 22
by state licensing boards; 23
(8) "Podiatry" i s that profession of the health sciences which deals with the 24
examination, diagnosis, treatment, and prevention of diseases, conditions, and 25
malfunctions affecting the human foot and its related or governing structures by 26
employment of medical, surgical, or other means; and 27
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(9) "Supervising podiatrist" has the same meaning as in Section 10 of this Act. 1
Section 2. KRS 311.400 is amended to read as follows: 2
(1) A[No] person shall not profess to be a podiatrist, [ or] practice or assume the duties 3
incident to podiatry in this state, or use the title "podiatrist" or any words or letters 4
which designate or tend to designate to the public that the person is a podiatrist, 5
unless he or she holds a valid, current license from the bo ard, registered in the 6
county in which the holder is engaged in such practice. 7
(2) A licensed podiatric assistant may assist a licensed podiatrist with specific duties 8
and tasks related to the practice of podiatry if: 9
(a) Permitted by administrative regul ations promulgated in accordance with 10
KRS Chapter 13A by the board; and 11
(b) Not otherwise prohibited by law. 12
(3) A licensed podiatric resident may engage in the practice of podiatry if: 13
(a) Required as a part of the podiatric residency program; 14
(b) The pod iatric resident is practicing under the supervision of a licensed 15
podiatrist; 16
(c) Permitted by administrative regulations promulgated in accordance with 17
KRS Chapter 13A by the board; and 18
(d) Not otherwise prohibited by law. 19
Section 3. KRS 311.410 is amended to read as follows: 20
(1) There is hereby created in the government of the Commonwealth a State Board of 21
Podiatry which shall consist of five (5) members, each appointed by the Governor. 22
Four (4) members shall be appoint ed from lists of three (3) names for each position 23
submitted by the Kentucky Podiatry Association. One (1) member shall be a citizen 24
at large who is not associated with or financially interested in the practice or 25
business regulated. Any vacancy shall be f illed for the unexpired term by the 26
Governor, as provided in the original appointment. 27
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(2) A person to be eligible for appointment as a podiatrist member of the board shall be 1
at least twenty -one (21) years of age, of good moral character, a resident of th is 2
state, and a licensed practicing podiatrist in this state for at least five (5) 3
consecutive years next preceding the date of his or her appointment. A[No] 4
member of the board shall not be a stockholder, officer, or member of the faculty or 5
board of trustees of any school, college, or institution of podiatry or chiropody. 6
(3) The terms of office of each member shall be four (4) years, or until his or her 7
successor shall be appointed and qualified. 8
(4) The board shall elect one (1) of its members as presid ent and another of its 9
members as secretary. The secretary may, subject to approval by the board, employ 10
and fix the compensation of all personnel required for the administration of KRS 11
311.380 to 311.500 [311.390 to 311.510] . The board may promulgate 12
administrative[make all rules and] regulations in accordance with KRS Chapter 13
13A, not inconsistent with KRS 311.380 to 311.500[311.390 to 311.510], as may be 14
necessary to implement and carry out the provisions and purposes of KRS 311.380 15
to 311.500[311.390 to 311.510]. 16
(5) The board shall hold meetings at least twice a year and as frequently as it deems 17
necessary at such times and places as the board may designate. A majority of the 18
members shall constitute a quorum. 19
(6) The board may sue and be sued in its own name. 20
(7) Members of the board shall be immune from suit in any civil or criminal action 21
which is based upon any official act or acts performed by them in good faith as 22
members of the board. 23
Section 4. KRS 311.420 is amended to read as follows: 24
(1) The board shall conduct examinations at least twice a year at such times and places 25
as the board deems convenient for applicants for licenses to practice podiatry in this 26
state, and shall admit to examination any applicant who: 27
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(a) Is at least eighteen (18) years of age; 1
(b) Is a citizen or legal resident of the United States and a resident of [the State of 2
]Kentucky; 3
(c) Is of good moral character and temperate habits; and 4
(d) Has completed a course in and graduated from a school or college of podiatry 5
approved by the board. 6
(2) The board shall prescribe the time, place, method, manner, scope , and content of 7
board examinations for licenses to practice podiatry [as relates to KRS 311.380(2); 8
and the board may accept certified, successful National Board of Podiatry 9
examinations in lieu of its written examination]. 10
(3) Applicants for board examination shall present their creden tials to the board by 11
mail upon forms furnished by the board [,] and shall receive due notice of the place 12
and date of the board examination. Each application shall contain proof of the 13
qualifications required of the applicant, [ shall] be verified by the ap plicant under 14
oath, and[ shall] be accompanied by an examination fee set by the board. 15
(4) The board shall issue a license to practice podiatry to any person who :[ complies 16
with the provisions of KRS 311.380 to 311.510 and who satisfactorily passes the 17
examination.] 18
(a) 1. Satisfactorily passes the board examination; or 19
2. Provides certified evidence to the board directly from the National 20
Board of Podiatric Medical Examiners that he or she has passed all 21
parts of the American Podiatric Medical Licensing Ex amination 22
within the past ten (10) years; 23
(b) For any applicant seeking initial licensure after January 1, 2027, provides 24
evidence to the board directly from the sponsoring institution that he or she 25
has satisfactorily completed at least two (2) years of podiatric residency; and 26
(c) Fulfills all other licensure requirements under KRS 311.380 to 311.500 and 27
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in administrative regulations promulgated by the board in accordance with 1
KRS Chapter 13A. 2
(5) The members of the board shall receive no compensation for their services, but 3
shall be paid their traveling and other necessary expenses while employed upon the 4
business of the board. 5
(6) [The board may, in good faith, adopt rules and regulations to license and control 6
those persons who may become formally educa ted, or by years of employment by a 7
licensed podiatrist, as a podiatric assistant. 8
(7) ]The board may utilize such materials, services or facilities as may be made 9
available to it by other state agencies or may contract therefor, to such extent as the 10
board in its discretion, may determine. 11
(7) The board may promulgate administrative regulations in accordance with KRS 12
Chapter 13A relating to: 13
(a) The licensing and regulation of podiatric assistants; 14
(b) The licensing and regulation of podiatric residents an d podiatric residency 15
licenses; and 16
(c) The approval and regulation of supervising podiatrists who provide 17
podiatric supervision of physician assistants in accordance with Section 11 18
this Act. 19
Section 5. KRS 311.450 is amended to read as follows: 20
(1) Every license issued for the practice of podiatry shall expire on June 30 following 21
the date of issuance unless sooner revoked and canceled. 22
(2) On or before June 1 of each year, the board shall send notices to all licensed 23
podiatrists in this state, at their last known addresses, advising them that the annual 24
license renewal fee is due on July 1 of each year. Every registered podiatrist shall 25
renew his or her license on or before July 1 of each year by the payment to the 26
board of an annual license renewal fee which shall be a reasonable fee set by 27
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administrative regulation of the board and upon submission of a statement of 1
compliance with the continuing education regulations of the board. If such renewal 2
fee is not paid or such statement of compliance is not submitted on or before July 1, 3
the board shall notify the delinquent licensee by mail at his or her last known 4
address that such fee and statement are past due and that a delinquent penalty fee is 5
assessed, in addition to the renewal fee and that the renewal fee and penalty must be 6
paid and the statement of compliance submitted on or before January 1. If such fees, 7
penalties and statement are not submitted by January 1, it shall be the duty of the 8
board to suspend or revoke the license for nonpayment of the annual renewal and 9
delinquent fees or for failure to submit the statement of compliance for the current 10
year. 11
(3) All fees collected under the provisions of KRS 311.380 to 311.500[311.510], or the 12
administrative[rules and] regulations adopted pursuant thereto, shall be paid into 13
the State Treasury[,] and credited to a trust and agency fund to be used in defraying 14
the costs and expenses in the administration of KRS 311.380 to 311.500[311.510], 15
including[,] but not limited to [,] salaries and necessary travel expenses. [ No part of 16
this fund shall revert to the general funds of this Commonwealth.] 17
Section 6. KRS 311.460 is amended to read as follows: 18
(1) Any person pra cticing or offering to practice podiatry shall practice under his or 19
her own name only, as his or her name appears in his or her license. 20
(2) A[No] person practicing or offering to practice podiatry shall not use any title or 21
abbreviation thereof except the designation "podiatrist." The term "foot doctor" and 22
"chiropodist," or either of them, may be used in conjunction with the title 23
"podiatrist," but not as a substitute therefor and not alone. 24
Section 7. KRS 311.470 is amended to read as follows: 25
(1) Any person who practices podiatry shall display his or her license, together with 26
the annual license renewal certificate, in a conspicuous place in the office in which 27
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he or she practices. 1
(2) (a) A[No] person practicing or offering to practice podiatry shall not: 2
1. In any manner advertise the prices charged fo r his or her services; or 3
[nor shall he ] 4
2. Advertise in newspapers, in periodicals, by handbills or circulars, or in 5
bold-face type in any printed matter, or by the use of any form of 6
display sign.[;] 7
(b) Notwithstanding paragraph (a) of this subsection, a person practicing or 8
offering to practice podiatry [except that he] may, upon opening an office or 9
upon change of address, mail or publish announcements to that effect 10
provided such announcements [shall ]not appear more than three (3) times in 11
public print, and the form of such announcement is as[shall be] determined by 12
the board. 13
Section 8. KRS 311.475 is amended to read as follows: 14
The State Board of Podiatry is authorized in its sound discretion to: 15
(1) Enter into reciprocal agreements with podiatry examining boards of other states, 16
having qualifications and standards at least as high as those of this state, providing 17
for reciprocal licensure without further examinat ion of persons who have been duly 18
licensed upon written examination. Approval of such agreements by the Governor, 19
or any other officer or agency of this state, shall not be required. 20
(2) Issue podiatry licenses by reciprocity or endorsement, and without f urther 21
examination, to persons who have been duly licensed upon written examination in 22
another state having qualifications and standards at least as high as those of this 23
state, or who provide certified evidence to the board directly from the National 24
Board of Podiatric Medical Examiners that he or she has passed all parts of the 25
American Podiatric Medical Licensing Examination within the past ten (10) 26
years[have successfully passed an examination conducted by the National Board of 27
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Podiatry Examiners]. 1
Section 9. KRS 311.480 is amended to read as follows: 2
The board may refuse to license or renew, or may suspend, probate , or revoke the license 3
of any podiatrist , podiatric resident, podiatric assistant, or in addition to su ch refusal, 4
suspension, probation, or revocation, [punishment] or in lieu thereof , may impose a fine 5
not to exceed five hundred dollars ($500) for each offense, upon proof that he or she: 6
(1) Has been convicted of a felony, if in accordance with KRS Chapter 335B; 7
(2) Has been convicted of a misdemeanor, if in accordance with KRS Chapter 335B; 8
(3) Has employed, hired, procured or induced a person not licensed to practice podiatry 9
in this state so to practice; 10
(4) Has aided or abetted in the practice of podiat ry a person not licensed to practice 11
podiatry in this state; 12
(5) Has been granted a license upon a mistake of a material fact; 13
(6) Has violated any provision of KRS 311.380 to 311.500[311.390 to 311.510]; 14
(7) Has become drug addicted; 15
(8) Has become a chronic or persistent alcoholic; 16
(9) Has developed such physical or mental disability, or other condition whereby 17
continued practice is dangerous to patients or to the public; 18
(10) Has violated any order of suspension, or the terms or the conditions of any ord er of 19
probation, issued by the board; 20
(11) Has engaged in, or attempted to engage in the practice of podiatry under a false or 21
assumed name; 22
(12) Has willfully violated a confidential communication; 23
(13) Has acted in a grossly negligent or willful manner w hich is inconsistent with the 24
practice of podiatry; 25
(14) Is unfit or incompetent to practice podiatry by reason of gross negligence or other 26
causes including but not limited to being unable to practice podiatry with 27
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reasonable skill or safety; 1
(15) Has a license to practice as a podiatrist denied, limited, suspended, probated , or 2
revoked in another jurisdiction on grounds sufficient to cause a license to be denied, 3
limited, suspended, probated, or revoked in this Commonwealth; or 4
(16) Has engaged in conduct likely to deceive or defraud the public. 5
Section 10. KRS 311.840 is amended to read as follows: 6
As used in KRS 311.840 to 311.862: 7
(1) "Board" means the Kentucky Board of Medical Licensure; 8
(2) "Complaint" means a formal administrative pleading that sets forth charges against 9
a physician assistant and commences a formal disciplinary proceeding; 10
(3) "Physician assistant" means a person licensed under KRS 311.840 to 311.862 who: 11
(a) Has graduated from a physician as sistant or surgeon assistant program 12
accredited by the Accreditation Review Commission on Education for 13
Physician Assistants or its predecessor or successor agencies and has passed 14
the certifying examination administered by the National Commission on 15
Certification of Physician Assistants or its predecessor or successor agencies; 16
or 17
(b) Possesses a current physician assistant certificate issued by the board prior to 18
July 15, 2002; 19
(4) "Podiatric supervision" means overseeing the activities of and accepting 20
responsibility for the podiatric services rendered by a physician assistant. Each 21
team of podiatrists and physician assistants shall ensure that the delegation of 22
podiatric tasks is appropriate to the physician assistant's level of training and 23
experience, that the identification of and access to the supervising podiatrist are 24
clearly defined, and that a process for evaluation of the physician assistant's 25
performance is established; 26
(5) "Supervising physician" means a physician licensed by the board who supe rvises 27
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one (1) or more physician assistants; 1
(6)[(5)] "Supervising physician in anesthesia" means a physician licensed by the board 2
who has completed postgraduate training in anesthesiology at an anesthesiology 3
program accredited by the Accreditation Counc il for Graduate Medical Education 4
or its equivalent;[ and] 5
(7)[(6)] "Supervising podiatrist" means a podiatrist approved by the board and the 6
State Board of Podiatry to provide podiatric supervision for one (1) or more 7
physician assistants; and 8
(8) "Supervision" means overseeing the activities of and accepting of responsibility for 9
the medical services rendered by a physician assistant. Each team of physicians and 10
physician assistants shall ensure that the delegation of medical tasks is appropriate 11
to the p hysician assistant's level of training and experience, that the identifications 12
of and access to the supervising physician are clearly defined, and that a process for 13
evaluation of the physician assistant's performance is established. 14
SECTION 11. A NEW SECTION OF KRS 311.840 TO 311.862 IS CREATED 15
TO READ AS FOLLOWS: 16
(1) A podiatrist shall not supervise a physician assistant without approval of the 17
board and the State Board of Podiatry. Failure to obtain approval as a 18
supervising podiatrist or failure to comply with the requirements of KRS 311.840 19
to 311.862 or related administrative regulations shall be considered 20
unprofessional conduct and may result in revocation, suspension, restriction, or 21
placing on probation the supe rvising podiatrist's right to supervise a physician 22
assistant. 23
(2) To be approved by the board as a supervising podiatrist, a podiatrist shall: 24
(a) Be currently licensed and in good standing with the State Board of 25
Podiatry; 26
(b) Maintain a practice primarily within this Commonwealth; 27
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(c) Submit a completed application and the required fee to the board. The 1
application shall include but is not limited to: 2
1. A description of the nature of the podiatrist's practice; 3
2. A statement of assurance by the supervis ing podiatrist that the scope 4
of medical services and procedures described in the application or in 5
any supplemental information shall not exceed the normal scope of 6
practice of the supervising podiatrist; 7
3. A description of the means by which the podiatrist shall maintain 8
communication with the physician assistant when they are not in the 9
same physical location; 10
4. A description of the scope of podiatric services and procedures to be 11
performed by the physicia n assistant for which the physician assistant 12
has been trained in an approved program; and 13
5. An outline of the specific parameters for review of countersignatures. 14
(3) Prior to a physician assistant performing any service or procedure beyond those 15
described in the initial application submitted to the board under subsection (2)(c) 16
of this section, the supervising podiatrist shall supplement that application with 17
information that includes but is not limited to: 18
(a) A description of the additional podiatric service or procedure; 19
(b) A description of the physician assistant's education, training, experience, 20
and institutional credentialing; 21
(c) A description of the level of podiatric supervision to be provided for the 22
additional podiatric service or procedure; 23
(d) The location or locations where the additional podiatric service or 24
procedure will be provided; and 25
(e) Any changes to the specific parameters for review of countersignatures. 26
The initial and supplemental app lications required under this section may be 27
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submitted to the board at the same time. 1
(4) A podiatrist may enter into podiatric supervision agreements with no more than 2
four (4) physician assistants and shall not supervise more than four (4) physician 3
assistants at any one (1) time. Application for board approval to be a supervising 4
podiatrist shall be obtained individually for each physician assistant. 5
(5) The board may impose restrictions on the scope of practice of a physician 6
assistant or on the methods of podiatric supervision upon consideration of 7
recommendations of the Physician Assistant Advisory Committee established in 8
KRS 311.842 after providing the applicant with reasonable notice of its intended 9
action and after providing a reasonable opportunity to be heard. 10
(6) A supervising podiatrist shall be responsible for all duties of a supervising 11
physician as required under KRS 311.856 as those duties relate to the practice of 12
podiatry and podiatric supervision. 13
Section 12. KRS 311.390 is amended to read as follows: 14
KRS 311.380 to 311.500[311.510], shall not apply to: 15
(1) Any person manufacturing or selling, as merchandise in a duly established 16
mercantile establishment, shoes or appliances designed and intended to equa lize 17
pressure on different parts of the foot, or the sale by any licensed druggist of 18
plasters, salves, and lotions for corns, warts, callosities and bunions, provided such 19
persons shall make no diagnosis or recommendation and shall prescribe no remedy 20
or treatment; 21
(2) Or interfere in any manner with the practice of any person whose religion treats or 22
administers to the sick or suffering by purely spiritual means, nor with any 23
individual's selection of any such person; 24
(3) Physicians licensed by the State Board of Medical Examiners of this state; 25
(4) Surgeons of the United States Army, Navy, United States Department of Veterans 26
Affairs, and United States Public Health Service, when in actual performance of 27
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their official duties. 1
Section 13. KRS 311.490 is amended to read as follows: 2
(1) A suspension, probation, or revocation of a license, or a refusal to renew a license, 3
may be made or a fine imposed by the board only after a hearing which shall be 4
conducted in accordance with KRS Chapter 13B. 5
(2) The board may institute, in its own name, proceedings to temporarily or 6
permanently restrain and enjoin violations of KRS 311.380 to 311.500[311.510], 7
regardless of whether the defendant has been convicted for violations of the pe nal 8
provisions thereof, and shall not be required to pay any cost or filing fees or furnish 9
any bond in connection therewith. Violations of injunctions and restraining orders 10
shall be punished as a contempt without the intervention of a jury. 11
(3) A license e whose license has been revoked, probated, or suspended, or against 12
whom a fine has been imposed by the board, or who has been refused a renewal 13
license, may appeal a final order of the board to the Circuit Court of the county in 14
which the hearing was held. 15
Section 14. KRS 311.495 is amended to read as follows: 16
(1) County and Commonwealth's attorneys and the Attorney General, within their 17
respective jurisdictions, shall prosecute all violations of the penal provisions of 18
KRS 311.380 to 311.500[311.510] and shall, when requested by the board, 19
represent the board in matters relating to the enforcement of KRS 311.380 to 20
311.500[311.510]. 21
(2) For the purpose of enforcing the provisions of KRS 311.380 to 311.500[311.510], 22
the investigators, inspectors, representatives and agents of the board shall have the 23
full power and authority of peace officers in this state, and shall have the power and 24
authority to administer oaths, to enter upon premises at all times for the purpose of 25
making inspections, to seize evidence, to interrogate all persons, and to require the 26
production of books, papers, documents or other evidence. 27
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Section 15. KRS 311.990 is amended to read as follows: 1
(1) Any person who violates KRS 311.250 shall be guilty of a violation. 2
(2) Any college or professor thereof violating the provisions of KRS 311.300 to 3
311.350 shall be civilly liable on his or her bond for a sum not less than one 4
hundred dollars ($100) nor more than one thousa nd dollars ($1,000) for each 5
violation, which may be recovered by an action in the name of the Commonwealth. 6
(3) Any person who presents to the county clerk for the purpose of registration any 7
license which has been fraudulently obtained, or obtains any li cense under KRS 8
311.380 to 311.500[311.510] by false or fraudulent statement or representation, or 9
practices podiatry under a false or assumed name or falsely impersonates another 10
practitioner or former practitioner of a like or different name, or aids and abets any 11
person in the practice of podiatry within the state without conforming to the 12
requirements of KRS 311.380 to 311.500[311.510], or otherwise violates or 13
neglects to comply with any of the provisions of KRS 311.380 to 311.500[311.510], 14
shall be gu ilty of a Class A misdemeanor. Each case of practicing podiatry in 15
violation of the provisions of KRS 311.380 to 311.500[311.510] shall be considered 16
a separate offense. 17
(4) Each violation of KRS 311.560 shall constitute a Class D felony. 18
(5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under 19
this subsection of a holder of a license or permit shall result automatically in 20
permanent revocation of such license or permit. 21
(6) Conviction of willfully resisting, preven ting, impeding, obstructing, threatening, or 22
interfering with the board or any of its members, or of any officer, agent, inspector, 23
or investigator of the board or the Cabinet for Health and Family Services, in the 24
administration of any of the provisions o f KRS 311.550 to 311.620 shall be a Class 25
A misdemeanor. 26
(7) Each violation of KRS 311.375(1) shall, for the first offense, be a Class B 27
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misdemeanor, and, for each subsequent offense shall be a Class A misdemeanor. 1
(8) Each violation of KRS 311.375(2) shall, for the first offense, be a violation, and, for 2
each subsequent offense, be a Class B misdemeanor. 3
(9) Each day of violation of either subsection of KRS 311.375 shall constitute a 4
separate offense. 5
(10) (a) Any person who intentionally or knowingly perf orms an abortion contrary to 6
the requirements of KRS 311.723(1) shall be guilty of a Class D felony. 7
(b) Any person who intentionally, knowingly, or recklessly violates the 8
requirements of KRS 311.723(2) shall be guilty of a Class A misdemeanor. 9
(11) (a) 1. Any physician who performs a partial-birth abortion in violation of KRS 10
311.765 shall be guilty of a Class D felony. However, a physician shall 11
not be guilty of the criminal offense if the partial -birth abortion was 12
necessary to save the life of the moth er whose life was endangered by a 13
physical disorder, illness, or injury. 14
2. A physician may seek a hearing before the State Board of Medical 15
Licensure on whether the physician's conduct was necessary to save the 16
life of the mother whose life was endangered by a physical disorder, 17
illness, or injury. The board's findings, decided by majority vote of a 18
quorum, shall be admissible at the trial of the physician. The board shall 19
promulgate administrative regulations to carry out the provisions of this 20
subparagraph. 21
3. Upon a motion of the physician, the court shall delay the beginning of 22
the trial for not more than thirty (30) days to permit the hearing, referred 23
to in subparagraph 2. of this paragraph, to occur. 24
(b) Any person other than a physician who performs a partial-birth abortion shall 25
not be prosecuted under this subsection but shall be prosecuted under 26
provisions of law which prohibit any person other than a physician from 27
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performing any abortion. 1
(c) No penalty shall be assessed against the woman upon w hom the partial -birth 2
abortion is performed or attempted to be performed. 3
(12) (a) Except as provided in KRS 311.732(12), any person who intentionally, 4
knowingly, or recklessly performs an abortion upon a minor without obtaining 5
the required consent pursua nt to KRS 311.732 shall be guilty of a Class D 6
felony. 7
(b) Except as provided in paragraph (a) of this subsection, any person who 8
intentionally or knowingly fails to conform to any requirement of KRS 9
311.732 is guilty of a Class A misdemeanor. 10
(c) Any pers on who negligently releases information or documents which are 11
confidential under KRS 311.732 is guilty of a Class B misdemeanor. 12
(13) Any person who performs an abortion upon a married woman either with 13
knowledge or in reckless disregard of whether KRS 31 1.735 applies to her and who 14
intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 15
311.735 shall be guilty of a Class D felony. 16
(14) Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony. 17
(15) Any person who violates KRS 311.760(2) shall be guilty of a Class D felony. 18
(16) Any person who violates KRS 311.770 shall be guilty of a Class D felony. 19
(17) Except as provided in KRS 311.787(3), any person who intentionally violates KRS 20
311.787 shall be guilty of a Class D felony. 21
(18) A person convicted of violating KRS 311.780 shall be guilty of a Class C felony. 22
(19) Except as provided in KRS 311.782(6), any person who intentionally violates KRS 23
311.782 shall be guilty of a Class D felony. 24
(20) Any person w ho violates KRS 311.783(1) shall be guilty of a Class B 25
misdemeanor. 26
(21) Any person who violates KRS 311.7705(1) is guilty of a Class D felony. 27
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(22) Any person who violates KRS 311.7706(1) is guilty of a Class D felony. 1
(23) Except as provided in KRS 311.731(7), any person who violates KRS 311.731(2) 2
shall be guilty of a Class D felony. 3
(24) Any physician, physician assistant, advanced practice registered nurse, nurse, or 4
other healthcare provider who intentionally violates KR S 311.823(2) shall be guilty 5
of a Class D felony. As used in this subsection, "healthcare provider" has the same 6
meaning as in KRS 311.821. 7
(25) Any person who violates KRS 311.810 shall be guilty of a Class A misdemeanor. 8
(26) Any professional medical ass ociation or society, licensed physician, or hospital or 9
hospital medical staff who shall have violated the provisions of KRS 311.606 shall 10
be guilty of a Class B misdemeanor. 11
(27) Any administrator, officer, or employee of a publicly owned hospital or publ icly 12
owned health care facility who performs or permits the performance of abortions in 13
violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor. 14
(28) Any person who violates KRS 311.905(3) shall be guilty of a violation. 15
(29) Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A 16
misdemeanor. 17
(30) Any person who fails to test organs, skin, or other human tissue which is to be 18
transplanted, or violates the confidentiality provisions required by KRS 311.281, 19
shall be guilty of a Class A misdemeanor. 20
(31) Any person who sells or makes a charge for any transplantable organ shall be guilty 21
of a Class D felony. 22
(32) Any person who offers remuneration for any transplantable organ for use in 23
transplantation into himself or he rself shall be fined not less than five thousand 24
dollars ($5,000) nor more than fifty thousand dollars ($50,000). 25
(33) Any person brokering the sale or transfer of any transplantable organ shall be guilty 26
of a Class C felony. 27
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(34) Any person charging a fee associated with the transplantation of a transplantable 1
organ in excess of the direct and indirect costs of procuring, distributing, or 2
transplanting the transplantable organ shall be fined not less than fifty thousand 3
dollars ($50,000) nor more than five hundred thousand dollars ($500,000). 4
(35) Any hospital performing transplantable organ transplants which knowingly fails to 5
report the possible sale, purchase, or brokering of a transplantable organ shall be 6
fined not less than ten thousand dollars ($10,0 00) or more than fifty thousand 7
dollars ($50,000). 8
(36) (a) Any physician or qualified technician who violates KRS 311.727 shall be 9
fined not more than one hundred thousand dollars ($100,000) for a first 10
offense and not more than two hundred fifty thousand dollars ($250,000) for 11
each subsequent offense. 12
(b) In addition to the fine, the court shall report the violation of any physician, in 13
writing, to the Kentucky Board of Medical Licensure for such action and 14
discipline as the board deems appropriate. 15
(37) Any person who violates KRS 311.691 shall be guilty of a Class B misdemeanor 16
for the first offense, and a Class A misdemeanor for a second or subsequent offense. 17
In addition to any other penalty imposed for that violation, the board may, through 18
the Attorney General, petition a Circuit Court to enjoin the person who is violating 19
KRS 311.691 from practicing genetic counseling in violation of the requirements of 20
KRS 311.690 to 311.700. 21
(38) Any person convicted of violating KRS 311.728 shall be guilty of a Class D felony. 22
(39) (a) A person who intentionally, knowingly, or recklessly violates KRS 311.7731 23
to 311.7739 is guilty of a Class D felony. 24
(b) No criminal penalty may be assessed against a pregnant patient upon whom a 25
drug-induced abortion is attempted, induced, or performed. 26
SECTION 16. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 27
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READ AS FOLLOWS: 1
(1) (a) The Kentucky Department of Education, in coordination with the 2
Department for Public Health, the Kentucky Board o f Licensed Diabetes 3
Educators, or any other entity the department deems appropriate, shall 4
develop Type 1 diabetes informational materials for the parents and 5
guardians of students. The informational materials shall include but not be 6
limited to a: 7
1. Description of Type 1 diabetes; 8
2. Description of the risk factors and warning signs associated with Type 9
1 diabetes; 10
3. Description of the need for screening for early detection of Type 1 11
diabetes using a blood autoantibody test; and 12
4. Recommendation for par ents and guardians to immediately consult 13
with their child's primary care provider to develop an appropriate 14
treatment plan if they believe that their child displays warning signs 15
associated with Type 1 diabetes or has received positive early detection 16
screening results. Parents and guardians shall be advised that a 17
treatment plan may include consultation with, and examination by, a 18
specialty health care provider licensed to practice medicine or 19
osteopathy, including but not limited to an endocrinologist. 20
(b) The department shall make the informational materials required by this 21
subsection available to school districts at no cost on the department's 22
website. 23
(2) Each local board of education and public charter school board of directors shall 24
make the Type 1 diabetes informational materials developed in accordance with 25
subsection (1) of this section available on the school or school district website, in 26
the main front entrance of each school, and in each family resource and youth 27
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services center. 1