HB 45/LM (BR 113) - L. Clark, R. Adams, J. Arnold Jr, E. Ballard, J. Bruce, T. Burch, De. Butler, M. Cherry, H. Collins, R. Damron, C. Embry Jr, D. Floyd, D. Graham, J. Gray, M. Henley, C. Hoffman, D. Horlander, J. Jenkins, D. Keene, Ji. Lee, G. Lynn, M. Marzian, R. Meeks, C. Miller, L. Napier, R. Nelson, F. Nesler, S. Nunn, D. Owens, D. Pasley, T. Pullin, R. Rand, S. Riggs, T. Riner, C. Siler, A. Simpson, A. Smith, T. Thompson, J. Vincent, J. Wayne, M. Weaver, S. Westrom, R. Wilkey, B. Yonts
AN ACT relating to caregivers.
Create a new section of KRS Chapter 405 to require the Cabinet for Health and Family Services to create the KinCare Support Program; establish services provided by the program; create a new section of KRS Chapter 405 to require the cabinet to create and make available an affidavit a establishing caregiver's authority to consent to medical treatment for a minor and to make school-related decisions for a minor; require the Department of Education to establish the terms of the affidavit concerning a caregiver's authority to make school-related decisions; establish information to be contained in the consent affidavit; make affidavit valid for one year and allow renewal for additional one year periods; allow a parent or legal guardian to supersede a decision of a caregiver for medical treatment of a minor; exempt a person who relies in good faith on a duly executed affidavit in providing medical treatment for a minor from civil or criminal liability or professional disciplinary action; allow affidavit to be revoked by parent and require affidavit to be revoked if the minor to whom the affidavit applies ceases to reside with the caregiver; establish a Class A misdemeanor for a person giving false information on the affidavit; create a new section of KRS Chapter 158 to allow a caregiver to make school-related decisions for a minor, including but not limited to decisions concerning enrollment, attendance, extra-curricular activities, and discipline, if the caregiver presents the school with a duly executed affidavit; allow a school official to not honor an affidavit if he or she has reasonable ground to believe the affidavit is presented solely for the purpose of enrolling the minor in school for the purpose of accessing athletic programs or curricula, services, or programs unique to a particular school; clarify that the affidavit shall not supersede federal education provisions; and permit the department to promulgate administrative regulations in accordance with KRS Chapter 13A to properly carry out the provisions of the affidavit.
HB 45 - AMENDMENTS
HCS/LM - Retain original provisions except include pharmacists and physician assistants in the definition of "Health care provider" and include pharmacy services in the definition of "Medical treatment"; combine the medical and education consent affidavits; specify that a school district relying in good faith on an affidavit shall not be subject to criminal or civil liability; and limit the provisions of the education affidavit from superseding the provisions of KRS 160.700 to 160.730.
SCS - Delete original provisions except for the creation of a new section of KRS Chapter 405 to require the Cabinet for Health and Family Services to create the KinCare Support Program and to establish services provided by the program; create a new section of KRS Chapter 27A to require the Administrative Office of the Courts to develop a standard power of attorney for establishing an informal caregiver's authority to consent to medical treatment and to make school-related decisions for a minor; require the Cabinet for Health and Family Services and the local circuit clerk to make the standard power of attorney available.
SFA (1, R. Roeding) - Amend to include home health agencies and hospices within the definition of "health care provider."
SFA (2, D. Kelly) - Amend to delete references to caregivers who are not grandparents caring for minor grandchildren.
(Prefiled by the sponsor(s).)
Oct 6-To: Interim Joint Committee on Health and Welfare
Nov 17-Approve as prefiled
Jan 3-introduced in House; to Health and Welfare (H)
Jan 10-posted in committee
Jan 12-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 13-2nd reading, to Rules
Jan 17-posted for passage in the Regular Orders of the Day for Wednesday, January 18, 2006
Jan 19-3rd reading, passed 96-0 with Committee Substitute
Jan 20-received in Senate
Jan 24-to Judiciary (S)
Feb 24-floor amendment (1) filed
Mar 21-taken from committee; 1st reading; returned to Judiciary (S)
Mar 22-reported favorably, 2nd reading, to Rules with Committee Substitute ; floor amendment (2) filed to Committee Substitute
Apr 10-posted for passage in the Regular Orders of the Day for Monday, April 10, 2006; 3rd reading; floor amendment (1) withdrawn ; passed 37-0 with Committee Substitute, floor amendment (2) ; received in House; posted for passage for concurrence in Senate Committee Substitute, floor amendment (2) ; House concurred in Senate Committee Substitute, floor amendment (2) ; passed 100-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 21-signed by Governor (Acts ch. 198)