SB 18

CHAPTER 85  1
  CHAPTER 85
  ( SB 18 )
      AN ACT relating to health services.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
      Section 1. KRS 311.380 is amended to read as follows:
As used in KRS 311.380 to 311.500[311.390 to 311.510, unless the context otherwise requires]:
(1)   "Board" means the State Board of Podiatry;
(2)   "Physician assistant" has the same meaning as in Section 10 of this Act;["Podiatry" is that profession of the
      health sciences which deals with the examination, diagnosis, treatment, and prevention of diseases, conditions,
      and malfunctions affecting the human foot and its related or governing structures, by employment of medical,
      surgical, or other means;]
(3)   "Podiatric assistant" means a person licensed by the board to assist licensed podiatrists with specific duties
      and tasks related to the practice of podiatry as permitted by administrative regulations promulgated by the
      board;
(4)   "Podiatric residency" means a program of supervised postgraduate clinical training approved by the board
      for a licensed podiatric resident;
(5)   "Podiatric resident" means a person licensed by the board and participating in a podiatric residency;
(6)   "Podiatric supervision" has the same meaning as in Section 10 of this Act;
(7)[(3)]     "Podiatrist" is a physician and surgeon who has graduated from a college of podiatric medicine
       accredited by the Council on Podiatric Medical[Podiatry] Education of the American Podiatric
       Medical[Podiatry] Association or approved by state licensing boards;
(8)   "Podiatry" is that profession of the health sciences which deals with the examination, diagnosis, treatment,
      and prevention of diseases, conditions, and malfunctions affecting the human foot and its related or
      governing structures by employment of medical, surgical, or other means; and
(9)   "Supervising podiatrist" has the same meaning as in Section 10 of this Act.
      Section 2. KRS 311.400 is amended to read as follows:
(1)   A[No] person shall not profess to be a podiatrist,[ or] practice or assume the duties incident to podiatry in this
      state, or use the title "podiatrist" or any words or letters which designate or tend to designate to the public that
      the person is a podiatrist, unless he or she holds a valid, current license from the board, registered in the
      county in which the holder is engaged in such practice.
(2)   A licensed podiatric assistant may assist a licensed podiatrist with specific duties and tasks related to the
      practice of podiatry if:
      (a)    Permitted by administrative regulations promulgated in accordance with KRS Chapter 13A by the
  board; and
      (b)    Not otherwise prohibited by law.
(3)   A licensed podiatric resident may engage in the practice of podiatry if:
      (a)    Required as a part of the podiatric residency program;
      (b)    The podiatric resident is practicing under the supervision of a licensed podiatrist;
      (c)    Permitted by administrative regulations promulgated in accordance with KRS Chapter 13A by the
  board; and
      (d)    Not otherwise prohibited by law.
      Section 3. KRS 311.410 is amended to read as follows:
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(1)   There is hereby created in the government of the Commonwealth a State Board of Podiatry which shall consist
      of five (5) members, each appointed by the Governor. Four (4) members shall be appointed from lists of three
      (3) names for each position submitted by the Kentucky Podiatry Association. One (1) member shall be a
      citizen at large who is not associated with or financially interested in the practice or business regulated. Any
      vacancy shall be filled for the unexpired term by the Governor, as provided in the original appointment.
(2)   A person to be eligible for appointment as a podiatrist member of the board shall be at least twenty-one (21)
      years of age, of good moral character, a resident of this state, and a licensed practicing podiatrist in this state
      for at least five (5) consecutive years next preceding the date of his or her appointment. A[No] member of the
      board shall not be a stockholder, officer, or member of the faculty or board of trustees of any school, college,
      or institution of podiatry or chiropody.
(3)   The terms of office of each member shall be four (4) years, or until his or her successor shall be appointed and
      qualified.
(4)   The board shall elect one (1) of its members as president and another of its members as secretary. The
      secretary may, subject to approval by the board, employ and fix the compensation of all personnel required for
      the administration of KRS 311.380 to 311.500[311.390 to 311.510]. The board may promulgate
      administrative[make all rules and] regulations in accordance with KRS Chapter 13A, not inconsistent with
      KRS 311.380 to 311.500[311.390 to 311.510], as may be necessary to implement and carry out the provisions
      and purposes of KRS 311.380 to 311.500[311.390 to 311.510].
(5)   The board shall hold meetings at least twice a year and as frequently as it deems necessary at such times and
      places as the board may designate. A majority of the members shall constitute a quorum.
(6)   The board may sue and be sued in its own name.
(7)   Members of the board shall be immune from suit in any civil or criminal action which is based upon any
      official act or acts performed by them in good faith as members of the board.
      Section 4. KRS 311.420 is amended to read as follows:
(1)   The board shall conduct examinations at least twice a year at such times and places as the board deems
      convenient for applicants for licenses to practice podiatry in this state, and shall admit to examination any
      applicant who:
      (a)    Is at least eighteen (18) years of age;
      (b)    Is a citizen or legal resident of the United States and a resident of [the State of ]Kentucky;
      (c)    Is of good moral character and temperate habits; and
      (d)    Has completed a course in and graduated from a school or college of podiatry approved by the board.
(2)   The board shall prescribe the time, place, method, manner, scope, and content of board examinations for
      licenses to practice podiatry[as relates to KRS 311.380(2); and the board may accept certified, successful
      National Board of Podiatry examinations in lieu of its written examination].
(3)   Applicants for board examination shall present their credentials to the board by mail upon forms furnished by
      the board[,] and shall receive due notice of the place and date of the board examination. Each application shall
      contain proof of the qualifications required of the applicant,[ shall] be verified by the applicant under oath,
      and[ shall] be accompanied by an examination fee set by the board.
(4)   The board shall issue a license to practice podiatry to any person who:[ complies with the provisions of KRS
      311.380 to 311.510 and who satisfactorily passes the examination.]
      (a)    1.     Satisfactorily passes the board examination; or
  2.     Provides certified evidence to the board directly from the National Board of Podiatric Medical
  Examiners that he or she has passed all parts of the American Podiatric Medical Licensing
  Examination within the past ten (10) years;
      (b)    For any applicant seeking initial licensure after January 1, 2027, provides evidence to the board
  directly from the sponsoring institution that he or she has satisfactorily completed at least two (2)
  years of podiatric residency; and
      (c)    Fulfills all other licensure requirements under KRS 311.380 to 311.500 and in administrative
  regulations promulgated by the board in accordance with KRS Chapter 13A.
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(5)   The members of the board shall receive no compensation for their services, but shall be paid their traveling
      and other necessary expenses while employed upon the business of the board.
(6)   [The board may, in good faith, adopt rules and regulations to license and control those persons who may
      become formally educated, or by years of employment by a licensed podiatrist, as a podiatric assistant.
(7)   ]The board may utilize such materials, services or facilities as may be made available to it by other state
      agencies or may contract therefor, to such extent as the board in its discretion, may determine.
(7)   The board may promulgate administrative regulations in accordance with KRS Chapter 13A relating to:
      (a)    The licensing and regulation of podiatric assistants;
      (b)    The licensing and regulation of podiatric residents and podiatric residency licenses; and
      (c)    The approval and regulation of supervising podiatrists who provide podiatric supervision of
  physician assistants in accordance with Section 11 this Act.
      Section 5. KRS 311.450 is amended to read as follows:
(1)   Every license issued for the practice of podiatry shall expire on June 30 following the date of issuance unless
      sooner revoked and canceled.
(2)   On or before June 1 of each year, the board shall send notices to all licensed podiatrists in this state, at their
      last known addresses, advising them that the annual license renewal fee is due on July 1 of each year. Every
      registered podiatrist shall renew his or her license on or before July 1 of each year by the payment to the board
      of an annual license renewal fee which shall be a reasonable fee set by administrative regulation of the board
      and upon submission of a statement of compliance with the continuing education regulations of the board. If
      such renewal fee is not paid or such statement of compliance is not submitted on or before July 1, the board
      shall notify the delinquent licensee by mail at his or her last known address that such fee and statement are
      past due and that a delinquent penalty fee is assessed, in addition to the renewal fee and that the renewal fee
      and penalty must be paid and the statement of compliance submitted on or before January 1. If such fees,
      penalties and statement are not submitted by January 1, it shall be the duty of the board to suspend or revoke
      the license for nonpayment of the annual renewal and delinquent fees or for failure to submit the statement of
      compliance for the current year.
(3)   All fees collected under the provisions of KRS 311.380 to 311.500[311.510], or the administrative[rules and]
      regulations adopted pursuant thereto, shall be paid into the State Treasury[,] and credited to a trust and agency
      fund to be used in defraying the costs and expenses in the administration of KRS 311.380 to
      311.500[311.510], including[,] but not limited to[,] salaries and necessary travel expenses.[ No part of this
      fund shall revert to the general funds of this Commonwealth.]
      Section 6. KRS 311.460 is amended to read as follows:
(1)   Any person practicing or offering to practice podiatry shall practice under his or her own name only, as his or
      her name appears in his or her license.
(2)   A[No] person practicing or offering to practice podiatry shall not use any title or abbreviation thereof except
      the designation "podiatrist." The term "foot doctor" and "chiropodist," or either of them, may be used in
      conjunction with the title "podiatrist," but not as a substitute therefor and not alone.
      Section 7. KRS 311.470 is amended to read as follows:
(1)   Any person who practices podiatry shall display his or her license, together with the annual license renewal
      certificate, in a conspicuous place in the office in which he or she practices.
(2)   (a)    A[No] person practicing or offering to practice podiatry shall not:
  1.     In any manner advertise the prices charged for his or her services; or [nor shall he ]
  2.     Advertise in newspapers, in periodicals, by handbills or circulars, or in bold-face type in any
  printed matter, or by the use of any form of display sign.[;]
      (b)    Notwithstanding paragraph (a) of this subsection, a person practicing or offering to practice
  podiatry[except that he] may, upon opening an office or upon change of address, mail or publish
  announcements to that effect provided such announcements [shall ]not appear more than three (3) times
  in public print, and the form of such announcement is as[shall be] determined by the board.
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       Section 8. KRS 311.475 is amended to read as follows:
The State Board of Podiatry is authorized in its sound discretion to:
(1)    Enter into reciprocal agreements with podiatry examining boards of other states, having qualifications and
       standards at least as high as those of this state, providing for reciprocal licensure without further examination
       of persons who have been duly licensed upon written examination. Approval of such agreements by the
       Governor, or any other officer or agency of this state, shall not be required.
(2)    Issue podiatry licenses by reciprocity or endorsement, and without further examination, to persons who have
       been duly licensed upon written examination in another state having qualifications and standards at least as
       high as those of this state, or who provide certified evidence to the board directly from the National Board of
       Podiatric Medical Examiners that he or she has passed all parts of the American Podiatric Medical
       Licensing Examination within the past ten (10) years[have successfully passed an examination conducted by
       the National Board of Podiatry Examiners].
       Section 9. KRS 311.480 is amended to read as follows:
The board may refuse to license or renew, or may suspend, probate, or revoke the license of any podiatrist, podiatric
resident, podiatric assistant, or in addition to such refusal, suspension, probation, or revocation,[punishment] or in
lieu thereof, may impose a fine not to exceed five hundred dollars ($500) for each offense, upon proof that he or she:
(1)    Has been convicted of a felony, if in accordance with KRS Chapter 335B;
(2)    Has been convicted of a misdemeanor, if in accordance with KRS Chapter 335B;
(3)    Has employed, hired, procured or induced a person not licensed to practice podiatry in this state so to practice;
(4)    Has aided or abetted in the practice of podiatry a person not licensed to practice podiatry in this state;
(5)    Has been granted a license upon a mistake of a material fact;
(6)    Has violated any provision of KRS 311.380 to 311.500[311.390 to 311.510];
(7)    Has become drug addicted;
(8)    Has become a chronic or persistent alcoholic;
(9)    Has developed such physical or mental disability, or other condition whereby continued practice is dangerous
       to patients or to the public;
(10)   Has violated any order of suspension, or the terms or the conditions of any order of probation, issued by the
       board;
(11)   Has engaged in, or attempted to engage in the practice of podiatry under a false or assumed name;
(12)   Has willfully violated a confidential communication;
(13)   Has acted in a grossly negligent or willful manner which is inconsistent with the practice of podiatry;
(14)   Is unfit or incompetent to practice podiatry by reason of gross negligence or other causes including but not
       limited to being unable to practice podiatry with reasonable skill or safety;
(15)   Has a license to practice as a podiatrist denied, limited, suspended, probated, or revoked in another jurisdiction
       on grounds sufficient to cause a license to be denied, limited, suspended, probated, or revoked in this
       Commonwealth; or
(16)   Has engaged in conduct likely to deceive or defraud the public.
       Section 10. 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)    "Physician assistant" means a 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
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  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;
(4)   "Podiatric supervision" means overseeing the activities of and accepting responsibility for the podiatric
      services rendered by a physician assistant. Each team of podiatrists and physician assistants shall ensure
      that the delegation of podiatric tasks is appropriate to the physician assistant's level of training and
      experience, that the identification of and access to the supervising podiatrist are clearly defined, and that a
      process for evaluation of the physician assistant's performance is established;
(5)   "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)]     "Supervising podiatrist" means a podiatrist approved by the board and the State Board of Podiatry to
       provide podiatric supervision for one (1) or more physician assistants; and
(8)   "Supervision" means overseeing the activities of and accepting of responsibility for the medical services
      rendered by a physician assistant. 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.
    SECTION 11.  A NEW SECTION OF KRS 311.840 TO 311.862 IS CREATED TO READ AS
FOLLOWS:
(1)   A podiatrist shall not supervise a physician assistant without approval of the board and the State Board of
      Podiatry. Failure to obtain approval as a supervising podiatrist or failure to comply with the requirements
      of KRS 311.840 to 311.862 or related administrative regulations shall be considered unprofessional conduct
      and may result in revocation, suspension, restriction, or placing on probation the supervising podiatrist's
      right to supervise a physician assistant.
(2)   To be approved by the board as a supervising podiatrist, a podiatrist shall:
      (a)    Be currently licensed and in good standing with the State Board of Podiatry;
      (b)    Maintain a practice primarily within this Commonwealth;
      (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 podiatrist's practice;
  2.     A statement of assurance by the supervising podiatrist 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 podiatrist;
  3.     A description of the means by which the podiatrist shall maintain communication with the
  physician assistant when they are not in the same physical location;
  4.     A description of the scope of podiatric services and procedures to be performed by the
  physician assistant for which the physician assistant has been trained in an approved
  program; and
  5.     An outline of the specific parameters for review of countersignatures.
(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 podiatrist shall
      supplement that application with information that includes but is not limited to:
      (a)    A description of the additional podiatric service or procedure;
      (b)    A description of the physician assistant's education, training, experience, and institutional
  credentialing;
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      (c)    A description of the level of podiatric supervision to be provided for the additional podiatric service
  or procedure;
      (d)    The location or locations where the additional podiatric service or procedure will be provided; and
      (e)    Any changes to the specific parameters for review of countersignatures.
      The initial and supplemental applications required under this section may be submitted to the board at the
      same time.
(4)   A podiatrist may enter into podiatric supervision agreements with no more than four (4) physician
      assistants and shall not supervise more than four (4) physician assistants at any one (1) time. Application
      for board approval to be a supervising podiatrist shall be obtained individually for each physician assistant.
(5)   The board may impose restrictions on the scope of practice of a physician assistant or on the methods of
      podiatric supervision 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.
(6)   A supervising podiatrist shall be responsible for all duties of a supervising physician as required under KRS
      311.856 as those duties relate to the practice of podiatry and podiatric supervision.
      Section 12. KRS 311.390 is amended to read as follows:
KRS 311.380 to 311.500[311.510], shall not apply to:
(1)   Any person manufacturing or selling, as merchandise in a duly established mercantile establishment, shoes or
      appliances designed and intended to equalize pressure on different parts of the foot, or the sale by any licensed
      druggist of plasters, salves, and lotions for corns, warts, callosities and bunions, provided such persons shall
      make no diagnosis or recommendation and shall prescribe no remedy or treatment;
(2)   Or interfere in any manner with the practice of any person whose religion treats or administers to the sick or
      suffering by purely spiritual means, nor with any individual's selection of any such person;
(3)   Physicians licensed by the State Board of Medical Examiners of this state;
(4)   Surgeons of the United States Army, Navy, United States Department of Veterans Affairs, and United States
      Public Health Service, when in actual performance of their official duties.
      Section 13. KRS 311.490 is amended to read as follows:
(1)   A suspension, probation, or revocation of a license, or a refusal to renew a license, may be made or a fine
      imposed by the board only after a hearing which shall be conducted in accordance with KRS Chapter 13B.
(2)   The board may institute, in its own name, proceedings to temporarily or permanently restrain and enjoin
      violations of KRS 311.380 to 311.500[311.510], regardless of whether the defendant has been convicted for
      violations of the penal provisions thereof, and shall not be required to pay any cost or filing fees or furnish any
      bond in connection therewith. Violations of injunctions and restraining orders shall be punished as a contempt
      without the intervention of a jury.
(3)   A licensee whose license has been revoked, probated, or suspended, or against whom a fine has been imposed
      by the board, or who has been refused a renewal license, may appeal a final order of the board to the Circuit
      Court of the county in which the hearing was held.
      Section 14. KRS 311.495 is amended to read as follows:
(1)   County and Commonwealth's attorneys and the Attorney General, within their respective jurisdictions, shall
      prosecute all violations of the penal provisions of KRS 311.380 to 311.500[311.510] and shall, when requested
      by the board, represent the board in matters relating to the enforcement of KRS 311.380 to 311.500[311.510].
(2)   For the purpose of enforcing the provisions of KRS 311.380 to 311.500[311.510], the investigators, inspectors,
      representatives and agents of the board shall have the full power and authority of peace officers in this state,
      and shall have the power and authority to administer oaths, to enter upon premises at all times for the purpose
      of making inspections, to seize evidence, to interrogate all persons, and to require the production of books,
      papers, documents or other evidence.
      Section 15. KRS 311.990 is amended to read as follows:
(1)   Any person who violates KRS 311.250 shall be guilty of a violation.
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(2)    Any college or professor thereof violating the provisions of KRS 311.300 to 311.350 shall be civilly liable on
       his or her 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.
(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 311.500[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
       311.500[311.510], or otherwise violates or neglects to comply with any of the provisions of KRS 311.380 to
       311.500[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 311.500[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 KRS 311.375(1) shall, for the first offense, be a Class B misdemeanor, and, for each
       subsequent offense shall be a Class A misdemeanor.
(8)    Each violation of KRS 311.375(2) 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.
       (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.
  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)   (a)    Except as provided in KRS 311.732(12), any person who intentionally, knowingly, or recklessly
  performs an abortion upon a minor without obtaining the required consent pursuant to KRS 311.732
  shall be guilty of a Class D felony.
       (b)    Except as provided in paragraph (a) of this subsection, any person who intentionally or knowingly fails
  to conform to any requirement of KRS 311.732 is guilty of a Class A misdemeanor.
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8  ACTS OF THE GENERAL ASSEMBLY
       (c)   Any person who negligently releases information or documents which are confidential under KRS
  311.732 is guilty of a Class B misdemeanor.
(13)   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.
(14)   Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony.
(15)   Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.
(16)   Any person who violates KRS 311.770 shall be guilty of a Class D felony.
(17)   Except as provided in KRS 311.787(3), any person who intentionally violates KRS 311.787 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)   Except as provided in KRS 311.782(6), any person who intentionally violates KRS 311.782 shall be guilty of a
       Class D felony.
(20)   Any person who violates KRS 311.783(1) shall be guilty of a Class B misdemeanor.
(21)   Any person who violates KRS 311.7705(1) is guilty of a Class D felony.
(22)   Any person who violates KRS 311.7706(1) is guilty of a Class D felony.
(23)   Except as provided in KRS 311.731(7), any person who violates KRS 311.731(2) shall be guilty of a Class D
       felony.
(24)   Any physician, physician assistant, advanced practice registered nurse, nurse, or other healthcare provider who
       intentionally violates KRS 311.823(2) shall be guilty of a Class D felony. As used in this subsection,
       "healthcare provider" has the same meaning as in KRS 311.821.
(25)   Any person who violates KRS 311.810 shall be guilty of a Class A misdemeanor.
(26)   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.
(27)   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.
(28)   Any person who violates KRS 311.905(3) shall be guilty of a violation.
(29)   Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A misdemeanor.
(30)   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.
(31)   Any person who sells or makes a charge for any transplantable organ shall be guilty of a Class D felony.
(32)   Any person who offers remuneration for any transplantable organ for use in transplantation into himself or
       herself shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars
       ($50,000).
(33)   Any person brokering the sale or transfer of any transplantable organ shall be guilty of a Class C felony.
(34)   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).
(35)   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).
(36)   (a)   Any physician or qualified technician who violates KRS 311.727 shall be fined not more than one
  hundred thousand dollars ($100,000) for a first offense and not more than two hundred fifty thousand
  dollars ($250,000) for each subsequent offense.
  CHAPTER 85  9
       (b)   In addition to the fine, the court shall report the violation of any physician, in writing, to the Kentucky
  Board of Medical Licensure for such action and discipline as the board deems appropriate.
(37)   Any person who violates KRS 311.691 shall be guilty of a Class B misdemeanor for the first offense, and a
       Class A misdemeanor for a second or subsequent offense. In addition to any other penalty imposed for that
       violation, the board may, through the Attorney General, petition a Circuit Court to enjoin the person who is
       violating KRS 311.691 from practicing genetic counseling in violation of the requirements of KRS 311.690 to
       311.700.
(38)   Any person convicted of violating KRS 311.728 shall be guilty of a Class D felony.
(39)   (a)   A person who intentionally, knowingly, or recklessly violates KRS 311.7731 to 311.7739 is guilty of a
  Class D felony.
       (b)   No criminal penalty may be assessed against a pregnant patient upon whom a drug-induced abortion is
  attempted, induced, or performed.
       SECTION 16. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1)    (a)   The Kentucky Department of Education, in coordination with the Department for Public Health, the
  Kentucky Board of Licensed Diabetes Educators, or any other entity the department deems
  appropriate, shall develop Type 1 diabetes informational materials for the parents and guardians of
  students. The informational materials shall include but not be limited to a:
  1.     Description of Type 1 diabetes;
  2.     Description of the risk factors and warning signs associated with Type 1 diabetes;
  3.     Description of the need for screening for early detection of Type 1 diabetes using a blood
  autoantibody test; and
  4.     Recommendation for parents and guardians to immediately consult with their child's primary
  care provider to develop an appropriate treatment plan if they believe that their child displays
  warning signs associated with Type 1 diabetes or has received positive early detection
  screening results. Parents and guardians shall be advised that a treatment plan may include
  consultation with, and examination by, a specialty health care provider licensed to practice
  medicine or osteopathy, including but not limited to an endocrinologist.
       (b)   The department shall make the informational materials required by this subsection available to
  school districts at no cost on the department's website.
(2)    Each local board of education and public charter school board of directors shall make the Type 1 diabetes
       informational materials developed in accordance with subsection (1) of this section available on the school
       or school district website, in the main front entrance of each school, and in each family resource and youth
       services center.
  Signed by Governor April 10, 2026.
  Legislative Research Commission PDF Version