Title XXVI, Occupations and Professions

If the power has not been transferred by statute to some other board, commission, or agency of the Commonwealth, the board may deny an application or reregistration for a license; place a licensee on probation for a period not to exceed five (5) years; suspend a license for a per…

conduct. As used in KRS 311.595(9), "dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof" shall include but not be limited to the following acts by a licensee: (1) Prescribes or dispenses any medic…

consent and maintain confidentiality -- Board to promulgate administrative regulations. (1) A treating physician who provides or facilitates the use of telehealth shall ensure: (a) That the informed consent of the patient, or another appropriate person with authority to make the …

to examination -- Opportunity to have license renewed. (1) When a hearing or inquiry panel has probable cause to believe a physician is suffering from a physical or mental condition that might impede his ability to practice competently, the panel may order the physician to underg…

requirements. (1) The board may adopt reasonable rules and regulations to effectuate and implement the provisions of KRS 311.550 to 311.620, including but not limited to regulations designed to ensure the continuing professional competency of present and future licensees. As an a…

unacceptable conduct. (1) In order to assist a licensee in determining what actions would constitute unacceptable conduct under the provisions of KRS 311.595, the licensee may request an opinion of the board by written request submitted to the secretary; the board may, in its dis…

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against the board, any current or former member, officer, administrator, staff member, committee member, representative, agent, consultant, or employee of the board, either as a pa…

Demonstration of competency to resume practice. (1) When a hearing or inquiry panel receives information that a physician has not been engaged in the active practice of medicine for at least two (2) years, the panel may order the physician to successfully complete a board-approve…

Injunctions. (1) The county boards of health shall report to the board and to the county and Commonwealth's attorneys of their respective counties all violations of KRS 311.550 to 311.620 and shall assist in the enforcement thereof. (2) (a) For the purpose of enforcing the provis…

against licensed physicians -- Violations to be reported by physicians -- Reports by court clerks. (1) In order to assist the board in the enforcement of KRS 311.595(20) and (21), any professional medical association or society operating in the Commonwealth of Kentucky, or any ho…

(1) Except for disciplinary actions taken pursuant to KRS 311.595(8) and KRS 311.599, a licensee who has had his license revoked may, after two (2) years from the effective date of the revocation order, petition the board for a license to again practice in the Commonwealth of Ken…

All fees collected by the board under the provisions of KRS 311.550 to 311.620, or the rules and regulations adopted pursuant thereto, shall be paid into the State Treasury and credited to a trust and agency fund to be used by the board in defraying the costs and expenses of the …

(1) All licenses heretofore issued by the board for the practice of medicine or osteopathy, or any limited school or system, are hereby declared to be valid and in full force and effect unless they have become expired, canceled, suspended or revoked in accordance with law. (2) No…

(1) The board may establish by contract, including with a nonprofit corporation, or otherwise the Kentucky Physician Health Foundation to promote the early identification, intervention, treatment, and rehabilitation of individuals licensed by the board who may be impaired by reas…

(1) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the program formed under KRS 311.616, as well as all communications to or from the program, and any findings, conclusions, interventions, treatment, or rehabilitation, …

Any member of the impaired physicians program created under KRS 311.616, as well as any administrator, staff member, consultant, agent, or employee of the program acting within the scope of his or her duties and without actual malice, and all other persons who furnish information…

KRS 311.550 to 311.620 may be cited as the "Kentucky Medical and Osteopathic Practice Act of 1972."

As used in this section and KRS 311.6202: (1) "Direct primary care membership agreement" means a written contractual agreement between a primary care provider and an individual patient or his or her legal guardian that: (a) Is for an agreed-upon fee over an agreed-upon period of …

membership agreement. (1) Receiving primary care services under a direct primary care membership agreement shall not require a patient or his or her legal guardian to forfeit coverage under a health benefit plan. (2) The offer or provision of primary care services under a direct …

As used in KRS 311.6204 to 311.6207: (1) (a) "Career fatigue" means a work-related, psychological disorder that manifests in emotional exhaustion, depersonalization, and a diminished sense of personal accomplishment. (b) Career fatigue does not include any condition that impairs …

(1) A physician who participates in a physician wellness program shall not be required to disclose such participation to any health care facility, hospital, medical staff, health insurer, government agency, or other entity that requests such information as a condition of particip…

participation. A person or entity shall not retaliate, discriminate, or otherwise take adverse action with respect to a physician who is participating in a physician wellness program based solely on the physician’s participation.

Nothing in KRS 311.6204 to 311.6207 shall be construed to: (1) Allow a physician to withhold information requested by the current version of the uniform application form for the evaluation and reevaluation of health care providers required by KRS 304.17A-545; or (2) Waive a physi…

The Interstate Medical Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the Compact, which is, in form, substantially as follows: ARTICLE I PURPOSE In order to strengthen access to health care, and in recognition of the advanc…

As used in KRS 311.621 to 311.643: (1) "Adult" means a person eighteen (18) years of age or older and who is of sound mind; (2) "Advance directive" means a living will directive made in accordance with KRS 311.621 to 311.643, a living will or designation of health care surrogate …

persons -- Scope -- Effect. (1) An adult with decisional capacity, an adult's legal surrogate, or a responsible party may complete a medical order for scope of treatment directing medical interventions. The form shall have the title "Kentucky MOST, Medical Orders for Scope of Tre…

persons -- Scope -- Effect -- Recognition of person's desire not to be resuscitated. (1) An adult with decisional capacity may make a written living will directive that does any or all of the following: (a) Directs the withholding or withdrawal of life-prolonging treatment; or (b…

-- Power of surrogate to act. If, following the execution of an advance directive under KRS 311.623, a court of the grantor's principal domicile appoints a fiduciary charged with the care and protection of the grantor's person, the fiduciary shall be bound by the terms of the gra…

(1) A living will directive made pursuant to KRS 311.623 shall be substantially in the following form, and may include other specific directions which are in accordance with accepted medical practice and not specifically prohibited by any other statute. If any other specific dire…

(1) An advance directive made pursuant to KRS 311.623 may be revoked by: (a) A writing declaring an intention to revoke, which writing shall be signed and dated by the grantor; (b) An oral statement of intent to revoke made by a grantor with decisional capacity in the presence of…

(1) A surrogate designated pursuant to an advance directive may make health care decisions for the grantor which the grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the grantor as ind…

(1) If an adult patient whose physician has determined that he or she does not have decisional capacity has not executed an advance directive, or to the extent the advance directive does not address a decision that must be made, any one (1) of the following responsible parties, i…

advance directive or medical order for scope of treatment -- Effect of refusal to comply -- Unlawful discriminatory practices. (1) It shall be the responsibility of the grantor or the responsible party of the grantor to provide for notification to the grantor's attending physicia…

Presumption of voluntary and valid execution. (1) A health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the…

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. (1) The withholding or withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a grantor in accorda…

KRS 311.621 to 311.643 shall not be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act to end life other than to permit the natural process of dying.

advance directive. (1) Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the grantor's consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-prolonging treatmen…

KRS 311.621 to 311.643 may be cited as the Kentucky Living Will Directive Act.

As used in KRS 311.645 to 311.647: (1) "Anaphylaxis" means an allergic reaction resulting from sensitization following prior contact with an antigen which can be a life-threatening emergency, including reactions triggered by, among other agents, foods, drugs, injections, insect s…

rescue inhalers. (1) A health-care practitioner may prescribe injectable epinephrine devices and bronchodilator rescue inhalers in the name of an authorized entity or to a certified individual for use in accordance with this section. (2) A pharmacist may dispense injectable epine…

with injectable epinephrine auto-injector or bronchodilator rescue inhaler. (1) Any individual or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an injectable epinephrine device or a bronchodilator rescue inhaler shall be imm…

It is the intent of the legislature that an automated external defibrillator may be used for the purpose of saving the life of another person in cardiac arrest when used in accordance with the provisions of KRS 311.667.

As used in KRS 311.665 to 311.669, unless the context requires otherwise: (1) "Automated external defibrillator" or "AED" means an external defibrillator capable of cardiac rhythm analysis which will charge and, with or without further operator action, deliver a shock after elect…

defibrillator. In order to ensure public health and safety: (1) A person or entity who acquires an AED shall ensure that: (a) Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in …

Exemption from KRS 311.667 for Good Samaritan. (1) Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a…

boards may require continuing education and training. (1) The provisions of KRS 311.665 to 311.669 shall not apply to the use of an AED by: (a) Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or chiropractors licensed under KRS Chapter 312; (b) Physician ass…