hb 358

UNOFFICIAL COPY AS OF 04/12/23 10 REG. SESS. 10 RS BR 1288

AN ACT relating to physician assistants.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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âSECTION 1. A NEW SECTION OF KRS 311.840 TO 311.862 IS CREATED

TO READ AS FOLLOWS:

(1) An individual not licensed as a physician assistant pursuant to this chapter shall

be subject to penalties as provided in subsection (30) of Section 16 of this Act if

he or she:

(a) Falsely represents himself or herself as a licensed physician assistant;

(b) Uses any combination or abbreviation of the title physician assistant to

indicate that he or she is a licensed physician assistant; or

(c) Performs the medical services and procedures provided by a physician

assistant without obtaining the required licensure.

(2) A physician who is not licensed in accordance with KRS 311.571 shall not use the

title of physician assistant or practice as a physician assistant without being

licensed as a physician assistant in accordance with this chapter.


TO READ AS FOLLOWS:

(1) A physician assistant may prescribe, dispense, and administer drugs and medical

devices to the extent delegated by the supervising physician.

(2) A physician assistant may prescribe and dispense:

(a) All legend drugs; and

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(b) Schedules II to V controlled substances as specified in KRS 218A.060 to

218A.130 within the following conditions:

1. A prescription issued by a physician assistant for a Schedule II

controlled substance as specified in KRS 218A.070 shall be limited to

a seventy-two (72) hour supply without any refill;

2. A prescription issued by a physician assistant for a Schedule III

controlled substance as specified in KRS 218A.090 shall be limited to

a thirty (30) day supply without any refill; and

3. A prescription issued by a physician assistant for Schedule IV and

Schedule V controlled substances as specified in KRS 218A.110 and

218A.130 shall be limited to the original prescription and refills not to

exceed a six (6) month supply.

(3) The Physician Assistant Advisory Committee to the Kentucky Board of Medical

Licensure shall determine what limitations may be placed on the issuance of

prescriptions for controlled substances by physician assistants. The limitations

placed on physician assistants in the prescribing of controlled substances shall be

based on considerations of those controlled substances deemed by law

enforcement agencies and scientific evidence to pose the greatest potential for

abuse and diversion.

(4) Prior to prescribing controlled substances, the physician assistant shall:

(a) Be licensed to practice as a physician assistant for one (1) year with the

Kentucky Board of Medical Licensure;

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(b) Have national certification as a physician assistant; or

(c) Be licensed, certified, or registered in good standing as a physician assistant

in another state for one (1) year.

(5) A physician assistant authorized to prescribe or dispense controlled substances

must register with the federal Drug Enforcement Agency and any applicable state

substance control authority.

(6) The dispensing activities of the physician assistant shall:

(a) Comply with appropriate federal and state regulations; and

(b) Occur when pharmacy services are not reasonably available, in an

emergency situation, or when it is in the best interest of the patient.

(7) A physician assistant may request, receive, sign for, and distribute professional

sample drugs to patients.


TO READ AS FOLLOWS:

The board shall establish and administer a program for rehabilitation of physician

assistants whose competency is impaired due to the abuse of drugs or alcohol. The

board may contract with a state agency or private corporation to perform duties under

this section. The program shall be similar to that available to other health care

professionals licensed in Kentucky.

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TO READ AS FOLLOWS:

(1) A physician assistant who is responding to a need for medical care created by an

emergency situation or state or local disaster and who is licensed in Kentucky or

licensed or authorized in another jurisdiction may render medical care that he or

she is able to provide without supervision as defined in Section 6 of this Act or

with such supervision as is available. An emergency situation does not include an

emergency which occurs in the physician assistant's place of employment.

(2) A physician who supervises a physician assistant providing medical care in

response to an emergency situation or state or local disaster shall not be required

to meet the requirements for the supervising physician as established in Section

11 of this Act.


TO READ AS FOLLOWS:

(1) A physician assistant licensed in Kentucky or licensed or authorized in another

jurisdiction who voluntarily renders emergency medical assistance shall not be

liable in civil damages for acts rendered while administering emergency care,

unless such acts constitute willful or wanton misconduct.

(2) Nothing in this section shall apply to acts or omissions constituting gross, willful,

or wanton negligence or when the medical assistance is rendered at a hospital,

physician's office, or other health care delivery site where those services are

normally rendered.

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(3) A physician who supervises a physician assistant as a volunteer and without

remuneration shall not be liable for civil damages for acts performed by the

physician assistant while rendering such emergency care.

âSection 6. KRS 311.840 is amended to read as follows:

As used in KRS 311.840 to 311.862:

(1) "Board" means the Kentucky Board of Medical Licensure;

(2) "Complaint" means a formal administrative pleading that sets forth charges against

a physician assistant and commences a formal disciplinary proceeding;

(3) "Legend drug" has the same meaning as in KRS 217.015;

(4) "Physician assistant" means a health care professional[person] licensed under KRS

311.840 to 311.862 who:

(a) Has graduated from a physician assistant or surgeon assistant program

accredited by the Accreditation Review Commission on Education for

Physician Assistants or its predecessor or successor agencies and has passed

the certifying examination administered by the National Commission on

Certification of Physician Assistants or its predecessor or successor agencies;

or

(b) Possesses a current physician assistant certificate issued by the board prior to

July 15, 2002;

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(5)[(4)] "Supervising physician" means a physician licensed by the board who

supervises one (1) or more physician assistants;

(6)[(5)] "Supervising physician in anesthesia" means a physician licensed by the board

who has completed postgraduate training in anesthesiology at an anesthesiology

program accredited by the Accreditation Council for Graduate Medical Education

or its equivalent; and

(7)[(6)] "Supervision" means overseeing the activities of and accepting of

responsibility for the medical services rendered by a physician assistant. The

constant physical presence of the supervising physician shall not be required if

the supervising physician and physician assistant are in contact by

telecommunication or can be readily in contact by telecommunication[Each team

of physicians and physician assistants shall ensure that the delegation of medical

tasks is appropriate to the physician assistant's level of training and experience, that

the identifications of and access to the supervising physician are clearly defined,

and that a process for evaluation of the physician assistant's performance is

established].


(1) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A relating to the licensing and regulation, including temporary licensing,

of physician assistants.

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(2) The board shall establish a nine (9) member Physician Assistant Advisory

Committee that shall review and make recommendations to the board regarding all

matters relating to physician assistants that come before the board, including but not

limited to:

(a) Applications for physician assistant licensing;

(b) Licensing renewal requirements;

(c) Approval of supervising physicians;

(d) Disciplinary actions; and

(e) Promulgation and revision of administrative regulations.

(3) Members of the Physician Assistant Advisory Committee shall be appointed by the

board for four (4) year terms and shall consist of:

(a) Five (5) practicing physician assistants;

(b) Two (2) supervising physicians;

(c) One (1) member of the board; and

(d) One (1) citizen at large.

(4) The chairperson of the committee shall be elected by a majority vote of the

committee members and shall be responsible for presiding over meetings that shall

be held on a regular basis.

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(5) Members shall receive reimbursement for expenditures relating to attendance at

committee meetings consistent with state policies for reimbursement of travel

expenses for state employees.

[(6) Nothing in this chapter shall be construed to require licensing of a physician

assistant student enrolled in a physician assistant or surgeon assistant program

accredited by the Accreditation Review Commission on Education for Physician

Assistants or its successor agencies or of a physician assistant employed in the

service of the federal government while performing duties relating to that

employment.]


(1) Notwithstanding any other provisions of this chapter, an individual shall be

licensed by the board in order to practice as a physician assistant.

(2) [To be licensed by ]The board may grant a license as a physician assistant to[,] an

applicant who[shall]:

(a) Submits[Submit] a completed application on forms approved by the

board[form] with the required fee;

(b) Is[Be] of good moral character and reputation;

(c) Has successfully completed an educational program for physician assistants

accredited by the Accreditation Review Commission on Education for the

Physician Assistant or the Commission on Accreditation of Allied Health

Education Programs[Be a graduate of an approved program];[ and]

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(d) Has[Have] passed the Physician Assistant National Certifying Examination

administered by the National Commission on Certification of Physician

Assistants;[an examination approved by the board within three (3) attempts.]

(e) Is mentally and physically able to safely engage in practice as a physician

assistant;

(f) Has no licensure, certification, or registration as a physician assistant

under current discipline, revocation, suspension, or probation for cause

resulting from the applicant's practice as a physician assistant unless the

board considers such conditions and agrees to licensure;

(g) Submits to the board any other information the board deems necessary to

evaluate the applicant's certification; and

(h) Has been approved by the board.

(3)[(2)] The board may also grant a license to an applicant who does not meet the

educational requirement specified in subsection (2)(c) of this section but who has

passed the Physician Assistant National Certifying Examination administered by

the National Commission on Certification of Physician Assistants prior to 1986[A

physician assistant who is authorized to practice in another state and who is in good

standing may apply for licensure by endorsement from the state of his or her

credentialing if that state has standards substantially equivalent to those of this

Commonwealth].

(4)[(3)] A physician assistant's license shall be renewed upon fulfillment of the

following requirements:

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(a) The holder shall be of good moral character and reputation;

(b)[ The holder shall provide evidence of completion during the previous two (2)

years of a minimum of one hundred (100) hours of continuing education

approved by the American Medical Association, the American Osteopathic

Association, the American Academy of Family Physicians, the American

Academy of Physician Assistants, or by another entity approved by the board;

(c)] The holder shall provide evidence of completion of a continuing education

course on the human immunodeficiency virus and acquired immunodeficiency

syndrome in the previous ten (10) years that meets the requirements of KRS

214.610;[ and]

(c)[(d)] The holder shall provide proof of current certification with the National

Commission on Certification of Physician Assistants;

(d) The holder shall submit the appropriate renewal fee as determined by the

board; and

(e) The holder shall meet any other requirements set forth by the board.

(5) Nothing in this chapter shall require licensure of:

(a) A physician assistant student enrolled in a physician assistant or surgeon

assistant educational program accredited by the Accreditation Review

Commission on Education for the Physician Assistant;

(b) A physician assistant employed in the service of the federal government

while performing duties incident to that employment; or

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(c) Technicians or other assistants or employees of physicians who perform

delegated tasks but who are not rendering services as a physician assistant

or identifying themselves as a physician assistant.


(1) A temporary license may be granted to an applicant who meets all the

qualifications for licensure but is awaiting the next scheduled meeting of the

board[Whenever, in the opinion of the executive director, based upon verified

information contained in the application, an applicant for a license to practice as a

physician assistant is eligible therefor under subsections (1) and (2) of KRS

311.844, the executive director may issue to the applicant, on behalf of the board, a

temporary license which shall entitle the holder to practice as a physician assistant

for a maximum of six (6) months from the date of issuance unless the temporary

license is canceled by the executive director, who may cancel it at any time, without

a hearing, for reasons deemed sufficient with appropriate consultation with the

president, and who shall cancel it immediately upon direction by the board or upon

the board's denial of the holder's application for a regular license. The temporary

license shall not be renewable].

(2) Any physician assistant who notifies the board in writing on forms approved by

the board may elect to place his or her license on inactive status. A physician

assistant with an inactive license shall:

(a) Be exempt from payment of renewal fees;

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(b) Not engage in practice as a physician assistant. A physician assistant who

engages in practice while his or her license is lapsed or inactive shall be

considered to be practicing without a license and shall be subject to

discipline pursuant to Section 10 of this Act; and

(c) Be required to pay the renewal fee and to meet the certification standards as

specified in Section 8 of this Act when requesting restoration of an inactive

license to active status[The executive director shall present to the board the

application for licensure made by the holder of the temporary license. If the

board issues a regular license to the holder of a temporary license, the fee paid

in connection with the temporary license shall be applied to the regular license

fee.

(3) If the executive director cancels a temporary license, he or she shall promptly

notify, by United States certified mail, the holder of the temporary license at the last

known address on file with the board. The temporary license shall be terminated

and of no further force or effect three (3) days after the date the notice was sent by

certified mail].


(1) The board may revoke, suspend, deny, decline to renew, limit, or restrict the license

of a physician assistant, require a physician assistant to submit to the care,

counseling, or treatment of a physician or physicians designated by the board,

impose corrective measures, or may fine, reprimand or place a physician assistant

on probation for no more than five (5) years upon finding[proof] that a physician

assistant has:

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(a) Knowingly made or presented or caused to be made or presented any false,

fraudulent, or forged statement, writing, certificate, diploma, or other

document relating to an application for licensure;

(b) Practiced, aided, or abetted in the practice of fraud, forgery, deception,

collusion, or conspiracy relating to an examination for licensure;

(c) Been convicted by any court of a misdemeanor offense involving moral

turpitude or been convicted of an act that is or would be a felony under the

laws of the Commonwealth of Kentucky or of the United States;

(d) Become an habitual user of intoxicants or drugs to such an extent that he

or she is unable to safely perform as a physician assistant[addicted to or is

an abuser of alcohol, drugs, or any illegal substance];

(e) Developed a physical or mental disability or other condition that presents a

danger in continuing to practice medicine to patients, the public, or other

health care personnel;

(f) Knowingly made or caused to be made or aided or abetted in the making of a

false statement in any document executed in connection with the practice of

medicine or osteopathy;

(g) Fraudulently or deceptively used a license[Performed any act or service as a

physician assistant without a designated supervising physician];

(h) Exceeded the scope of medical services described by the supervising

physician in the applications required under KRS 311.854;

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(i) Exceeded the scope of practice for which the physician assistant was

credentialed by the governing board of a hospital or licensed health care

facility under KRS 311.856 and 311.858;

(j) Aided, assisted, or abetted the unlawful practice of medicine or osteopathy or

any healing art, including the unlawful practice of physician assistants;

(k) [Willfully ]Violated patient confidentiality except as required by law[a

confidential communication];

(l) Performed the services of a physician assistant in an unprofessional,

incompetent, or grossly or chronically negligent manner or otherwise

demonstrated professional incompetence;

(m) Been removed, suspended, expelled, or placed on probation by any health care

facility or professional society for unprofessional conduct, incompetence,

negligence, or violation of any provision of this section or KRS 311.858 or

311.862;

(n) Violated any provision of this chapter or any applicable provision of

administrative regulations relating to physician assistant practice adopted by

the board or any laws or administrative regulations governing licensed

health care professionals or any ruling or agreement of the board;

(o) Violated any term of probation or other discipline imposed by the board;[ or]

(p) Failed to complete the required number of hours of approved continuing

education;

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(q) Been adjudicated as mentally incompetent;

(r) Engaged in conduct likely to deceive, defraud, or harm the public;

(s) Prescribed, sold, administered, distributed, ordered, or gave any drug

classified as a controlled substance for other than medically agreed

therapeutic purposes;

(t) Been disciplined or is disciplined by another state or jurisdiction based upon

acts or conduct similar to acts or conduct that would constitute grounds for

disciplinary action as defined in this section;

(u) Failed or fails to cooperate with an investigation conducted by the board; or

(v) Falsely represented himself or herself as a physician.

(2) The board may suspend enforcement or its findings thereof and place the

physician assistant on probation with the right to vacate the probationary order

for noncompliance.

(3) The board may restore or reissue a license or remove any disciplinary or

corrective measure which it may have imposed.

(4)[(2)] All disciplinary proceedings against a physician assistant shall be conducted

in accordance with the provisions of KRS 311.591, 311.592, 311.593, 311.599, and

KRS Chapter 13B and related administrative regulations promulgated under KRS

Chapter 311.


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(1) A physician shall not supervise a physician assistant without approval of the board.

Failure to obtain board approval as a supervising physician or failure to comply

with the requirements of KRS 311.840 to 311.862 or related administrative

regulations shall be considered unprofessional conduct and shall be subject to

disciplinary action by the board that may include revocation, suspension,

restriction, or placing on probation the supervising physician's right to supervise a

physician assistant.

(2) To be approved by the board as a supervising physician, a physician shall:

(a) Be currently licensed and in good standing with the board;

(b) Maintain a practice primarily within this Commonwealth. The board in its

discretion may modify or waive this requirement;

(c) Submit a completed application and the required fee to the board. The

application shall include but is not limited to:

1. A description of the nature of the physician's practice;

2. A statement of assurance by the supervising physician that the scope of

medical services and procedures described in the application or in any

supplemental information shall not exceed the normal scope of practice

of the supervising physician;

3. A description of the means by which the physician shall maintain

communication with the physician assistant when they are not in the

same physical location;

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4. The name, address, and area of practice of one (1) or more physicians

who agree in writing to accept responsibility for supervising the

physician assistant in the absence of the supervising physician; and

5. A description of the scope of medical services and procedures to be

performed by the physician assistant for which the physician assistant

has been trained in an approved program.

(3) Prior to a physician assistant performing any service or procedure beyond those

described in the initial application submitted to the board under subsection (2)(c) of

this section, the supervising physician shall supplement that application with

information that includes but is not limited to:

(a) A description of the additional service or procedure;

(b) A description of the physician assistant's education, training, experience, and

institutional credentialing;

(c) A description of the level of supervision to be provided for the additional

service or procedure; and

(d) The location or locations where the additional service or procedure will be

provided.

The initial and supplemental applications required under this section may be

submitted to the board at the same time.

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(4) A physician who has been supervising a physician assistant prior to July 15, 2002,

may continue supervision and the physician assistant may continue to perform all

medical services and procedures that were provided by the physician assistant prior

to July 15, 2002. The supervising physician shall submit the initial application and

any supplemental application as required in this section by October 15, 2002.

(5) [A physician may enter into supervision agreements with a maximum of four (4)

physician assistants but shall not supervise more than two (2) physician assistants at

any one (1) time. ]Application for board approval to be a supervising physician

shall be obtained individually for each physician assistant.

(6) The board may impose restrictions on the scope of practice of a physician assistant

or on the methods of supervision by the supervising physician upon consideration

of recommendations of the Physician Assistant Advisory Committee established in

KRS 311.842 after providing the applicant with reasonable notice of its intended

action and after providing a reasonable opportunity to be heard.


A supervising physician shall:

(1)[ Restrict the services of a physician assistant to services within the physician

assistant's scope of practice and to the provisions of KRS 311.840 to 311.862;

(2) Prohibit a physician assistant from prescribing or dispensing controlled substances;

(3) Inform all patients in contact with a physician assistant of the status of the physician

assistant;

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(4)] Post a notice stating that a physician assistant practices medicine or osteopathy in

all locations where the physician assistant may practice;

(2)[(5)] Require a physician assistant to wear identification that clearly states that he

or she is a physician assistant;

(3)[(6)] Prohibit a physician assistant from independently billing any patient or other

payor for services rendered by the physician assistant;

(4)[(7)] If necessary, participate with the governing body of any hospital or other

licensed health care facility in a credentialing process established by the facility;

(5)[(8)] Not require a physician assistant to perform services or other acts that the

physician assistant feels incapable of carrying out safely and properly;

(6)[(9)] Maintain adequate, active, and continuous supervision of a physician

assistant's activities to assure that the physician assistant is performing as directed

and complying with the requirements of KRS 311.840 to 311.862 and all related

administrative regulations[;

(10) Sign all records of service rendered by a physician assistant in a timely manner as

certification that the physician assistant performed the services as delegated;

(11) (a) Reevaluate the reliability, accountability, and professional knowledge of a

physician assistant two (2) years after the physician assistant's original

licensure in this Commonwealth and every two (2) years thereafter; and

(b) Based on the reevaluation, recommend approval or disapproval of licensure or

renewal to the board]; and

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(7)[(12)] Notify the board within three (3) business days if the supervising physician:

(a) Ceases to supervise or employ the physician assistant; or

(b) Believes in good faith that a physician assistant violated any disciplinary rule

of KRS 311.840 to 311.862 or related administrative regulations.


(1) A physician assistant may perform those duties and responsibilities, including the

ordering, prescribing, dispensing, and administration of drugs and medical

devices that are delegated by his or her supervising physician[ medical services

and procedures within the scope of medical services and procedures described in

the initial or any supplemental application received by the board under KRS

311.854].

(2) A physician assistant may provide any medical service delegated by the

supervising physician when the medical service is within the physician assistant's

skills, forms a component of the physician's scope of practice, and is provided

under supervision.

(3) A physician assistant may authenticate with his or her signature any form that

may be authenticated by the supervising physician's signature.

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(4) A physician assistant shall be considered the[an] agent of the supervising physician

in the performance of all practice-related activities, including but not limited to

the ordering of diagnostic, therapeutic, and other[performing] medical

services[ and procedures described in the initial application or any supplemental

application received by the board under KRS 311.854].

(5)[(3)] A physician assistant may initiate evaluation and treatment in emergency

situations without specific approval.

(6)[(4)] A physician assistant licensed pursuant to this chapter shall make his or her

license available for inspection at all times at the physician assistant's primary

place of business and shall identify himself or herself as a physician assistant

when engaged in professional activities[may prescribe and administer all

nonscheduled legend drugs and medical devices as delegated by the supervising

physician. A physician assistant who is delegated prescribing authority may request,

receive, and distribute professional sample drugs to patients.

(5) A physician assistant shall not submit direct billing for medical services and

procedures performed by the physician assistant].

(7)[(6)] A physician assistant may perform local infiltrative anesthesia under the

provisions of subsection (1) of Section 2 of this Act[this section], but a physician

assistant shall not administer or monitor general or regional anesthesia unless the

requirements of KRS 311.862 are met.

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(8)[(7)] A physician assistant may perform services in the offices or clinics of the

supervising physician. A physician assistant may also render services in hospitals or

other licensed health care facilities only with written permission of the facility's

governing body, and the facility may restrict the physician assistant's scope of

practice within the facility as deemed appropriate by the facility.

[(8) A physician assistant shall not practice medicine or osteopathy independently. Each

physician assistant shall practice under supervision as defined in KRS 311.840.]


(1) Notwithstanding any other provision of law, a physician assistant shall not be

prohibited from rendering services in a setting geographically remote from the

supervising physician.

(2) (a) As used in this section, "physician's primary practice[nonseparate] location"

shall include the following if the supervising physician is available in person

or via telecommunication at all times:

1. Hospitals in which patients of the supervising physician are receiving

care, subject to the rules and regulations of the governing body of the

hospital;

2. Nursing homes in which the supervising physician has patient care

responsibilities, subject to the rules and regulations of the governing

body of the nursing home;

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3. The homes of patients of the supervising physician if the home visits are

related to patient care; and

4. School health clinics[fairs], wellness clinics, or similar events where the

supervising physician is responsible for providing oversight.

(b) The board in its discretion may modify, decrease, or waive the requirements

of paragraph (a) of this subsection.

(3)[(2)] A supervising physician who uses the services of a physician assistant in an

office or clinic separate from the physician's primary practice location[office] shall

submit for board approval a specific written request that describes the services to be

provided by the physician assistant in the separate office or clinic, the distance

between the primary office and the separate location, and the means and availability

of direct communication at all times with the supervising physician.

(4)[(3)] A newly graduated physician assistant shall not practice medicine or

osteopathy in a location separate from the supervising physician's primary practice

location[physician] until the physician assistant has six (6)[eighteen (18)]

continuous months of experience in a physician's primary practice[nonseparate]

location. The board in its discretion may decrease[modify] or waive the

requirements of this subsection.

(5)[(4)] Except as provided by KRS 311.862, a physician assistant may perform

services in a location separate from the supervising physician if the supervising

physician is continuously available via telecommunication and the following are

met:

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(a) The requirements of subsection (3)[(2)] of this section have been met; or

(b) A waiver has been granted by the board.


(1) A physician assistant who was practicing as an anesthesiology assistant in Kentucky

prior to July 15, 2002, may continue to practice if the physician assistant:

(a) Met the practice, education, training, and licensure requirements specified in

KRS 311.844 and 311.846;

(b) Is a graduate of an approved program accredited by the Accreditation Review

Commission on Education for the Physician Assistant or, prior to 2001,

either by the Committee on Allied Health Education and Accreditation or the

Commission on Accreditation of Allied Health Education Programs that is

specifically designed to train an individual to administer general or regional

anesthesia; and

(c) Is employed by a supervising physician in anesthesia.

(2) A physician assistant who has not practiced as an anesthesiology assistant in

Kentucky prior to the July 15, 2002, shall meet the following requirements prior to

practicing as an anesthesiology assistant:

(a) Graduation from an approved four (4) year physician assistant program as

specified in subsection (1)(b) of this section and graduation from another two

(2) year approved and accredited program that consists of academic and

clinical training in anesthesiology;

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(b) Compliance with the practice, education, training, and licensure requirements

specified in KRS 311.844 and 311.846; and

(c) Employment with a supervising physician in anesthesia.

(3) A physician assistant practicing as an anesthesiology assistant shall not administer

or monitor general or regional anesthesia unless the supervising physician in

anesthesia:

(a) Is physically present in the room during induction and emergence;

(b) Is not concurrently performing any other anesthesiology procedure; and

(c) Is available to provide immediate physical presence in the room.


(1) Any person who violates KRS 311.250 shall be guilty of a violation.

(2) Any college or professor thereof violating the provisions of KRS 311.300 to

311.350 shall be civilly liable on his bond for a sum not less than one hundred

dollars ($100) nor more than one thousand dollars ($1,000) for each violation,

which may be recovered by an action in the name of the Commonwealth.

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(3) Any person who presents to the county clerk for the purpose of registration any

license which has been fraudulently obtained, or obtains any license under KRS

311.380 to 311.510 by false or fraudulent statement or representation, or practices

podiatry under a false or assumed name or falsely impersonates another practitioner

or former practitioner of a like or different name, or aids and abets any person in the

practice of podiatry within the state without conforming to the requirements of KRS

311.380 to 311.510, or otherwise violates or neglects to comply with any of the

provisions of KRS 311.380 to 311.510, shall be guilty of a Class A misdemeanor.

Each case of practicing podiatry in violation of the provisions of KRS 311.380 to

311.510 shall be considered a separate offense.

(4) Each violation of KRS 311.560 shall constitute a Class D felony.

(5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under

this subsection of a holder of a license or permit shall result automatically in

permanent revocation of such license or permit.

(6) Conviction of willfully resisting, preventing, impeding, obstructing, threatening, or

interfering with the board or any of its members, or of any officer, agent, inspector,

or investigator of the board or the Cabinet for Health and Family Services, in the

administration of any of the provisions of KRS 311.550 to 311.620 shall be a Class

A misdemeanor.

(7) Each violation of subsection (1) of KRS 311.375 shall, for the first offense, be a

Class B misdemeanor, and, for each subsequent offense shall be a Class A

misdemeanor.

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(8) Each violation of subsection (2) of KRS 311.375 shall, for the first offense, be a

violation, and, for each subsequent offense, be a Class B misdemeanor.

(9) Each day of violation of either subsection of KRS 311.375 shall constitute a

separate offense.

(10) (a) Any person who intentionally or knowingly performs an abortion contrary to

the requirements of KRS 311.723(1) shall be guilty of a Class D felony; and

(b) Any person who intentionally, knowingly, or recklessly violates the

requirements of KRS 311.723(2) shall be guilty of a Class A misdemeanor.

(11) (a) 1. Any physician who performs a partial-birth abortion in violation of KRS

311.765 shall be guilty of a Class D felony. However, a physician shall

not be guilty of the criminal offense if the partial-birth abortion was

necessary to save the life of the mother whose life was endangered by a

physical disorder, illness, or injury.

2. A physician may seek a hearing before the State Board of Medical

Licensure on whether the physician's conduct was necessary to save the

life of the mother whose life was endangered by a physical disorder,

illness, or injury. The board's findings, decided by majority vote of a

quorum, shall be admissible at the trial of the physician. The board shall

promulgate administrative regulations to carry out the provisions of this

subparagraph.

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3. Upon a motion of the physician, the court shall delay the beginning of

the trial for not more than thirty (30) days to permit the hearing, referred

to in subparagraph 2. of this paragraph, to occur.

(b) Any person other than a physician who performs a partial-birth abortion shall

not be prosecuted under this subsection but shall be prosecuted under

provisions of law which prohibit any person other than a physician from

performing any abortion.

(c) No penalty shall be assessed against the woman upon whom the partial-birth

abortion is performed or attempted to be performed.

(12) Any person who intentionally performs an abortion with knowledge that, or with

reckless disregard as to whether, the person upon whom the abortion is to be

performed is an unemancipated minor, and who intentionally or knowingly fails to

conform to any requirement of KRS 311.732 is guilty of a Class A misdemeanor.

(13) Any person who negligently releases information or documents which are

confidential under KRS 311.732 is guilty of a Class B misdemeanor.

(14) Any person who performs an abortion upon a married woman either with

knowledge or in reckless disregard of whether KRS 311.735 applies to her and who

intentionally, knowingly, or recklessly fails to conform to the requirements of KRS

311.735 shall be guilty of a Class D felony.

(15) Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony.

(16) Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.

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(17) Any person who violates KRS 311.770 or 311.780 shall be guilty of a Class D

felony.

(18) A person convicted of violating KRS 311.780 shall be guilty of a Class C felony.

(19) Any person who violates KRS 311.810 shall be guilty of a Class A misdemeanor.

(20) Any professional medical association or society, licensed physician, or hospital or

hospital medical staff who shall have violated the provisions of KRS 311.606 shall

be guilty of a Class B misdemeanor.

(21) Any administrator, officer, or employee of a publicly owned hospital or publicly

owned health care facility who performs or permits the performance of abortions in

violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor.

(22) Any person who violates KRS 311.905(3) shall be guilty of a violation.

(23) Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A

misdemeanor.

(24) (a) Any person who fails to test organs, skin, or other human tissue which is to be

transplanted, or violates the confidentiality provisions required by KRS

311.281, shall be guilty of a Class A misdemeanor;

(b) Any person who has human immunodeficiency virus infection, who knows he

is infected with human immunodeficiency virus, and who has been informed

that he may communicate the infection by donating organs, skin, or other

human tissue who donates organs, skin, or other human tissue shall be guilty

of a Class D felony.

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(25) Any person who sells or makes a charge for any transplantable organ shall be guilty

of a Class D felony.

(26) Any person who offers remuneration for any transplantable organ for use in

transplantation into himself shall be fined not less than five thousand dollars

($5,000) nor more than fifty thousand dollars ($50,000).

(27) Any person brokering the sale or transfer of any transplantable organ shall be guilty

of a Class C felony.

(28) Any person charging a fee associated with the transplantation of a transplantable

organ in excess of the direct and indirect costs of procuring, distributing, or

transplanting the transplantable organ shall be fined not less than fifty thousand

dollars ($50,000) nor more than five hundred thousand dollars ($500,000).

(29) Any hospital performing transplantable organ transplants which knowingly fails to

report the possible sale, purchase, or brokering of a transplantable organ shall be

fined not less than ten thousand dollars ($10,000) or more than fifty thousand

dollars ($50,000).

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(30) Any person who presents to the county clerk for the purpose of registration any

license which has been fraudulently obtained, or obtains any license under KRS

311.840 to 311.862 by false or fraudulent statement or representation, or practices

as a physician assistant under a false or assumed name or falsely impersonates

another practitioner or former practitioner of a like or different name, or aids

and abets any person in the practice as a physician assistant within the state

without conforming to the requirements of KRS 311.840 to 311.862, or otherwise

violates or neglects to comply with any of the provisions of KRS 311.840 to

311.862, shall be guilty of a Class A misdemeanor. Each case of practicing as a

physician assistant in violation of the provisions of KRS 311.840 to 311.862 shall

be considered a separate offense.

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hb 358

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