Title XVIII, Public Health

The General Assembly finds that the licensure of health facilities and health services is a means to insure that the citizens of this Commonwealth will have safe, adequate, and efficient medical care; that the proliferation of unnecessary health-care facilities, health services, …

Except as otherwise provided, for purposes of this chapter, the following definitions shall apply: (1) "Abortion facility" means any place in which an abortion is performed; (2) "Administrative regulation" means a regulation adopted and promulgated pursuant to the procedures in K…

medicine or osteopathy. Notwithstanding any other provision of law, no health facility licensed in the Commonwealth shall discriminate with respect to employment, staff, privileges, or the provision of professional services against a physician licensed to practice medicine on the…

Requirements for issuance of certificate of need. (1) The provisions of this chapter that relate to the issuance of a certificate of need shall not apply to abortion facilities as defined in KRS 216B.015; any hospital which does not charge its patients for hospital services and d…

(1) The cabinet shall hire any administrative staff required by the cabinet to carry out its duties and functions under the provisions of this chapter. (2) The secretary shall keep a full and true record of all the proceedings of the cabinet, of all books and papers ordered filed…

(1) The cabinet shall have four (4) separate and distinct functions in administering this chapter: (a) To approve or deny certificates of need in accordance with the provisions of this chapter, except as to those applications which have been granted nonsubstantive review status b…

as medical director for an ambulance service. (1) The State Board of Medical Licensure shall have sole jurisdiction regarding any complaint relating to the medical supervision of an ambulance service or ambulance service personnel against a physician performing in the role of med…

with an ambulance service. (1) The State Board of Nursing shall have sole jurisdiction regarding any complaint relating to the practice of a registered nurse practicing under the nurse's nursing license in the prehospital setting for an ambulance service providing basic or advanc…

administrative regulations. (1) The cabinet shall: (a) Establish by promulgation of administrative regulation under KRS Chapter 13A reasonable application fees for licenses and promulgate other administrative regulations necessary for the proper administration of the licensure fu…

stroke centers. (1) Except as otherwise provided, for purposes of this section: (a) "Acute care hospital" means a licensed facility providing inpatient and outpatient medical or surgical services to an individual that seeks care and treatment, regardless of the individual's abili…

regulations. (1) The cabinet shall, no later than September 1, 1998, and subject to the provisions of KRS Chapter 13A, promulgate administrative regulations providing licensure standards and procedures for abortion facilities. The cabinet shall begin enforcing the administrative …

care hospital and ambulance service. (1) Each abortion facility shall enter into a written agreement with a licensed acute-care hospital capable of treating patients with unforeseen complications related to an abortion facility procedure by which agreement the hospital agrees to …

(1) As used in this section, "adult day health care program" means a program licensed by the Cabinet for Health and Family Services that provides organized health care for its clients during specified daytime hours, that may include continuous supervision to assure that health ca…

(1) The cabinet shall, on or before August 1, 2000, promulgate administrative regulations addressing the scope of services for licensed adult day health care programs. (2) The cabinet shall, on or prior to December 1, 2000, study and promulgate administrative regulations regardin…

Certificate of need. (1) Notwithstanding any other provision of law to the contrary, if the Federal Health Care Financing Administration issues a final regulation establishing an outpatient Medicare prospective payment system for hospitals that requires that an outpatient health …

Every order, decision, finding, license, or certificate issued or approved by the cabinet under any of the provisions of this chapter shall be in writing and shall be entered on the records of the cabinet.

The cabinet may compel obedience to its lawful orders by mandamus, injunction, or other proper proceedings in the Franklin Circuit Court or any other Circuit Court of competent jurisdiction. Every order entered by the cabinet shall continue in force until the expiration of the ti…

Notice of decisions and orders made by the cabinet under the provisions of this chapter shall be made by certified mail addressed to the last known address on file with the cabinet, by personal service, or other method of delivery which may include electronic service. The notice …

projects to evade expenditure minimums and against ex parte contacts -- Ambulatory surgical centers. (1) Unless otherwise provided in this chapter, no person shall do any of the following without first obtaining a certificate of need: (a) Establish a health facility; (b) Obligate…

No holder of a certificate of need for a new health facility shall sell, trade, or transfer a certificate of need to any other person. Any person who violates this section shall be guilty of a Class B misdemeanor.

established by administrative regulation -- Review procedure. (1) Applications for certificates of need shall be submitted according to timetables established by the cabinet by promulgation of administrative regulation, pursuant to the provisions of KRS Chapter 13A. The applicati…

requiring a certificate of need for acquisition -- General Assembly approval required for certain acquisitions by University of Kentucky, University of Louisville, or university affiliates. (1) Before any person enters into a contractual agreement to acquire a licensed health fac…

equipment, a health service is offered, or a capital expenditure is made or obligated -- Certificate of need may be required. (1) Before a health facility acquires major medical equipment to be used solely for research, offers a health service solely for research, or makes or obl…

Alzheimer's disease or related disorders. A long-term care facility as defined in KRS 216.535, except for a personal care home, that advertises to provide special care for persons with a medical diagnosis of Alzheimer's disease or other related disorders or maintains an identifia…

to be promulgated. The cabinet shall promulgate administrative regulations respecting application and review procedures to comply with any federal laws and regulations promulgated thereunder.

(1) No later than fifteen (15) days after the date the review commences, any affected person may request a public hearing. Hearings shall be before a person designated by the Office of Administrative Hearings within the Department of Law to serve as hearing officer. The hearing o…

parte contacts. (1) The cabinet may revoke a certificate of need, or portion thereof, for failure of the holder of the certificate to implement the project in accordance with timetables and standards for implementation established by administrative regulation of the cabinet; howe…

(1) Any party to the proceedings may, for good cause shown, request in writing a hearing for purposes of reconsideration of a decision of the cabinet pertaining to a certificate of need or the revocation of a certificate of need under procedures promulgated by administrative regu…

(1) An applicant may waive the procedures for formal review of an application for a certificate of need and request a nonsubstantive review as provided below. The cabinet may grant or deny nonsubstantive review status within ten (10) days of the date the application is deemed com…

of record. (1) Unless otherwise provided in this chapter, no person shall operate any health facility in this Commonwealth without first obtaining a license issued by the cabinet, which license shall specify the kind or kinds of health services the facility is authorized to provi…

(1) The cabinet shall investigate complaints pertaining to ambulance services licensed under KRS 311A.030 that are transferred to the cabinet by the Kentucky Board of Emergency Medical Services as required by KRS 311A.055 if the cabinet determines a hearing is needed. (2) The hea…

(1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a license, by any party to the proceedings. (2) An appeal may be taken by filing a petition for review in t…

If the cabinet fails to issue or deny a certificate of need or an exemption pursuant to this chapter within the time prescribed under this chapter or administrative regulations promulgated by the cabinet, the applicant may seek judicial enforcement of this chapter by filing a civ…

Any other provisions of this chapter notwithstanding, any expenditure minimum or limit as provided in this chapter shall be adjusted for each twelve (12) month period beginning twelve (12) months after July 15, 1994, to reflect the changes in the preceding twelve (12) month perio…

(1) All moneys derived from applicants seeking certificates of need or licenses or from any other sources connected with this chapter shall be promptly paid over to the State Treasurer, who shall deposit such moneys in a special fund which, in addition to appropriated funds, shal…

Each hospital licensed by the board shall provide medical and diagnostic services for child sexual abuse victims.

(1) All employees of a hospital who are licensed, registered, certified, or otherwise regulated under the laws of the Commonwealth shall wear a badge or other insignia indicating the person is a licensed, registered, certified or otherwise regulated health care provider, provided…

(1) As used in this section: (a) "Energy-generating device" means any tool that performs a surgical function using heat, laser, electricity, or another form of energy; (b) "Smoke evacuation system" means smoke evacuators, laser plume evacuators, or local exhaust ventilators that …

(1) All health care facilities and services licensed under this chapter, with the exception of personal care homes, family care homes, and boarding homes, shall develop comprehensive quality assurance or improvement standards adequate to identify, evaluate, and remedy problems re…

licensed health care facilities and services. All health care facilities and services licensed under this chapter shall include in their policies and procedures a care delivery model based on patient needs which includes but is not limited to: (1) Defined roles and responsibiliti…

report -- Prohibition against retaliation. (1) Any agent or employee of a health care facility or service licensed under this chapter who knows or has reasonable cause to believe that the quality of care of a patient, patient safety, or the health care facility's or service's saf…

not required to provide PACE services -- Eligibility to participate and enroll in National Background Check Program. (1) As used in this section: (a) "National Background Check Program" or "NBCP" means the enhanced employment background check screening process used by health faci…

(1) All health care facilities and services licensed under this chapter shall require all persons, including students, who examine, observe, or treat a patient or resident of the health care facility or service to wear identification which readily identifies, at a minimum, the pe…

for patient admitted to acute care or psychiatric hospital -- Transferability of history and physical examination to another licensed level of care within same hospital -- Administrative regulations. (1) A physician assistant, credentialed under KRS Chapter 311, when those duties…

Application to increase number of beds -- Requirements. An application to increase the number of beds by an intermediate-care facility for individuals with an intellectual disability (ICF/ID) as defined in KRS Chapter 202B shall be consistent with the state health plan if the app…

care facility for individuals with an intellectual disability. Notwithstanding any other provisions contained in this chapter, a certificate of need shall not be required for an existing intermediate-care facility for individuals with an intellectual disability (ICF/ID) to add be…

Exemption from inspection -- Fees -- Submission of building plans -- Standards for licensure. (1) The Office of the Inspector General shall accept accreditation by the Joint Commission or another nationally recognized accrediting organization with comparable standards and survey …

Immunity from liability -- Anonymity of person leaving infant -- Emergency custody order -- Materials for health and medical information. (1) As used in this section: (a) "Newborn infant" means an infant who is medically determined to be less than thirty (30) days old.; and (b) "…

(1) As used in this section: (a) "Automated pharmacy system" means a mechanical system that delivers prescribed over-the-counter and legend drugs, and controlled substances received from a pharmacy licensed in Kentucky that maintains transaction information; and (b) "Residential …

- Medical director -- Informed consent -- Patient transfer agreements -- Liability -- Prohibition against performance of abortion. (1) As used in this section, "freestanding birthing center" means any health facility, place, or institution which is not a hospital, is not in a hos…