Title XVIII, Public 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 term of office of each member shall be four (4) years or until a successor is appointed and qualified. No appointive member shall serve more than two (2) full consecutive terms.

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 …

Compensation. (1) The board shall elect annually from its membership a chair and vice chair. The board shall hold three (3) or more meetings each year. At any meeting a majority of the appointed members with unexpired terms shall constitute a quorum. The board may procure special…

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…

(1) The board shall: (a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a long-term care administrator, which standards shall be designed to ensure that long-term care administrators will be individuals who are of good cha…

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 person shall be eligible to practice long-term care administration in this state unless: (a) He or she shall make written application to the board on such forms as are provided therefor; (b) He or she is a citizen of the United States or has declared his or her intent to b…

(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…

Every holder of a long-term care administrator's license shall renew his or her license biennially by making application to the board either online via Internet access or on forms provided therefor. The board may refuse to renew any license for failure to comply with the provisio…

(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…

Any city of the home rule class may, by ordinance, borrow money and issue negotiable bonds for the purpose of defraying the cost of purchasing, establishing, erecting and acquiring a municipal hospital and necessary appurtenances thereto. The ordinance shall specify the proposed …

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…

All bonds issued under the provisions of KRS 216.100 to 216.220 may bear interest at a rate or rate or method of determining rates, payable at least annually, and shall be executed in a manner and be payable at times, not exceeding thirty (30) years from the date of the issue of …

(1) The board shall prescribe and collect reasonable fees and charges for processing applications, examinations and issuance of licenses, including renewals. (2) All fees and charges collected under the provisions of this chapter shall be paid into the State Treasury and credited…

(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…

city debt. All bonds issued under KRS 216.100 to 216.220 shall be negotiable and shall not be subject to taxation. If any officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, the signature shall nevertheless be valid and su…

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…

(1) The board, in its discretion, and otherwise subject to the provisions of this chapter and the administrative regulations of the board promulgated thereunder prescribing the qualifications for a long-term care administrator license, may issue a license to a long-term care admi…

All money received from any bonds issued under KRS 216.100 to 216.220 shall be applied solely to the purchase, establishment, erection or acquisition of the municipal hospital and necessary appurtenances thereto, except that the money may be used also to advance the payment of in…

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…

There shall be a statutory mortgage lien upon the municipal hospital and appurtenances in favor of the holders of the bonds and coupons. The hospital and appurtenances shall remain subject to the lien until payment in full of the principal and interest of the bonds. Any holder of…

Persons aggrieved by orders of the board may appeal therefrom to the Franklin Circuit Court and thence to the Court of Appeals in the manner provided by law.

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

It shall be a misdemeanor for any person to: (1) Sell or fraudulently obtain or furnish any license or aid or abet therein; (2) Practice as a long-term care administrator, under cover of any license illegally or fraudulently obtained or unlawfully issued; (3) Practice as a long-t…

If there is a default in the payment of the principal or interest of any of the bonds issued under KRS 216.100 to 216.220, any court having jurisdiction of the action may appoint a receiver to administer the municipal hospital on behalf of the city, with power to charge and colle…

(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…

income. (1) On or before the issuance of the bonds the city legislative body shall, by ordinance, set aside and pledge the income of the municipal hospital into a separate and special fund to be used and applied in payment of the cost, maintenance, operation and depreciation of t…

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…

If a surplus is accumulated in the operating and maintenance fund equal to the cost of maintaining and operating the municipal hospital during the remainder of the calendar, operating or fiscal year, as may be provided by the ordinance required by KRS 216.160, the city legislativ…

(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…