Title XXVI, Occupations and Professions

(1) Subject to KRS 311.1923, a donor or other person authorized to make an anatomical gift under KRS 311.1915 may amend or revoke an anatomical gift by: (a) A record signed by: 1. The donor; 2. The other person; or 3. Subject to subsection (2) of this section, another individual …

(1) An individual may refuse to make an anatomical gift of the individual's body or part by: (a) A record signed by: 1. The individual; or 2. Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically un…

(1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a don…

(1) Subject to subsections (2) and (3) of this section and unless barred by KRS 311.1921 or 311.1923, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who …

body or part. (1) A person authorized to make an anatomical gift under KRS 311.1925 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a r…

(1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education for the advancement …

(1) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (a) A law enforcement offic…

(1) A document of gift need not be delivered during the donor's lifetime to be effective. (2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Transportation Cabinet, the registry created under KRS 311.1947, and any donor registry that it knows exists for the geog…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

consideration prohibited -- Penalty -- Exemption. (1) Except as otherwise provided in subsection (4) of this section, a person shall not, for valuable consideration, knowingly purchase, sell, transfer, or offer to purchase, sell, or transfer a part for transplantation or therapy …

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal shall be imprisoned in the penitentiary for not less than one (1) nor more tha…

311.1959, anatomical gift laws of another state, or in good faith. (1) A person that acts in accordance with KRS 311.1911 to 311.1959 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, crim…

Presumption of validity. (1) A document of gift is valid if executed in accordance with: (a) KRS 311.1911 to 311.1959; (b) The laws of the state or country where it was executed; or (c) The laws of the state or country where the person making the anatomical gift was domiciled, ha…

Collaboration among agencies -- Strategies for operation. (1) Contingent upon the availability of funding, the Cabinet for Health and Family Services shall facilitate the establishment of a statewide electronic registry for organ and tissue donation for transplantation, therapy, …

(1) As used in this section: (a) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor; (b) "Declar…

organizations. (1) A medical examiner, coroner, and organ and tissue procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation and therapy. (2) If a medical examiner or coroner receives not…

jurisdiction of the medical examiner or coroner. (1) (a) If a medical examiner or coroner has knowledge that a decedent whose body is under his or her jurisdiction wishes to be an organ or tissue donor, or upon request of a procurement organization, a medical examiner or coroner …

Anatomical Gift Act, KRS 311.1911 to 311.1959. In applying and construing the Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

and National Commerce Act. The Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959, modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede sec. 101(a) of that…

KRS 311.1911 to 311.1959 may be cited as the Revised Uniform Anatomical Gift Act.

as a coroner's case -- Conditions -- Who may remove. (1) In any case in which a patient is in need of a cornea or corneal tissue for a transplant, the coroner, medical examiner, or his appropriately qualified designee with training in ophthalmologic techniques may, upon the reque…

organ suitability or retrieval of organ. The family of any individual whose organ is donated for transplantation shall not be financially liable for any cost related to the evaluation of donor organ suitability and any cost of retrieval of the organ.

-- Considerations -- Cause of action -- Construction. (1) As used in this section: (a) "Disability" has the same meaning as in KRS 12.450; and (b) "Health care provider" has the same meaning as in KRS 304.17A-005. (2) A health care provider in this state shall not discriminate ag…

Documentation -- Reports -- Failure to comply -- Administrative regulations. (1) As used in this section: (a) "Death declaration" means the formal determination of death made by a hospital physician, in accordance with accepted medical standards and applicable state and federal l…

No itinerant medical company of two (2) or more persons shall travel as a troupe or company as vendors of any drug, nostrum, or instrument intended for the treatment of any disease or injury, or by any writing or printing profess to the public to treat disease or deformity by the…

Nothing in this chapter shall authorize any itinerant doctor to register or to practice medicine in this state.

(1) No person shall be eligible for licensure to practice any healing art in this state unless and until he furnishes satisfactory evidence to the appropriate licensing agency, that prior to being licensed by the respective state agency that he was credited with not less than six…

Administrative regulations. (1) Any licensee, permit holder, or certificate holder who is disciplined under this chapter for a minor violation may request in writing that the board expunge the minor violation from the licensee's, permit holder's, or certificate holder's permanent…

communicable diseases, with informed consent. (1) Every donation of organs, skins, or other human tissue for transplantation to another shall be tested by the agency responsible for procuring the organ, skin, or other human tissue prior to use for human immunodeficiency virus inf…

circumstances not to create civil or criminal liability. (1) A physician licensed pursuant to KRS Chapter 311 shall not be civilly or criminally liable for the disclosure of otherwise confidential information under the following circumstances: (a) If a patient of the physician ha…

(1) As used in this section: (a) "Health care provider" means: 1. An employee of a health facility, as defined in KRS 216B.015; or 2. A person providing health services, including those licensed, certified, or registered under, or subject to, KRS 194A.700 to 194A.729 or KRS Chapt…

The professor of any medical college or school incorporated in this state that has executed the required bond may procure the unclaimed body of any person who dies in this state, in order that the professors and students of the college may dissect and examine it for the advanceme…

No school, college or professor may receive any body under KRS 311.300 until a bond has been given by the college. The bond shall be in the penal sum of one thousand dollars ($1,000), with good personal security, and approved by the clerk of the county in which the college or sch…

No such body shall be used for any purpose other than the promotion of science in the college represented by the professor claiming it nor sold or removed from this state.

may not be used. Any superintendent, warden, coroner or other person having in his possession an unclaimed human body, shall notify any known relatives or friends of the deceased person of the death and place where the body is. If no such friend or relative claims and buries the …

After the body has been dissected it shall be decently buried or cremated and decently buried at the expense of the professor to whom it was delivered, or of the college represented by him.

Any college receiving human bodies shall keep a record of them in a book to be kept at the college for that purpose. The book shall at all times be subject to inspection by any officer of the state or county, or relative or friend of any deceased person whose body may have been d…

appearance or perception of the minor's sex -- Exceptions -- Penalties. (1) As used in this section: (a) "Minor" means any person under the age of eighteen (18) years; and (b) "Sex" means the biological indication of male and female as evidenced by sex chromosomes, naturally occu…

Damages -- Statute of limitations -- Penalty. (1) For purposes of this section: (a) "Assisted reproduction" means a method of causing pregnancy other than through sexual intercourse, including but not limited to: 1. Intrauterine insemination; 2. In vitro fertilization and transfe…

(1) No person shall, in connection with the practice of medicine, surgery, osteopathy, optometry, dentistry, podiatry, pharmacy, chiropractic, psychology or psychiatry, nursing, anesthesiology, physio or physical therapy, or any other profession or business having for its purpose…

Nothing in KRS 311.375 shall be construed as authorizing the unlicensed practice of any profession or business referred to in KRS 311.375. Nor shall anything in KRS 311.375 be construed as repealing or amending any law or laws relating to licensure or regulation of the profession…

-- Records confidential -- Exceptions -- Federal immunity provisions. (1) Any person who applies for, or is granted staff privileges after June 17, 1978, by any health services organization subject to licensing under the certificate of need and licensure provisions of KRS Chapter…

be posted -- Penalty. (1) All physicians licensed pursuant to this chapter who maintain a private office shall post in a prominent place in the patient waiting room a printed sign supplied by the Cabinet for Health and Family Services that is at least eleven (11) inches by fourte…

sexual abuse. The State Board of Medical Licensure shall provide in-service training programs for physicians, physicians assistants, paramedics, athletic trainers, and other persons licensed or certified by the board in child development, the dynamics of physical and sexual abuse…

As used in KRS 311.380 to 311.500: (1) "Board" means the State Board of Podiatry; (2) "Physician assistant" has the same meaning as in KRS 311.840; (3) "Podiatric assistant" means a person licensed by the board to assist licensed podiatrists with specific duties and tasks related…