LRC Seal

HB179

10RS

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


HB 179 (BR 363) - M. Marzian

     AN ACT relating to nurses.
     Create new sections of KRS Chapter 314 to provide immunity to persons and agencies that file a complaint, provide sworn or written statements, or otherwise participate in an investigation or administrative proceeding; require a licensee, credentialed holder, privilege holder, or applicant who is the subject of an investigation by the Board of Nursing to cooperate fully with the investigation; provide that Board of Nursing members and employees of the board shall have deliberative privilege and are not subject to deposition or subpoena regarding cases processed before them; provide that investigative information in possession of the board or employees relating to licenser or applicant discipline are privileged and confidential and not subject to discovery, subpoena, or other means of legal compulsion for release; permit the board to share information with other authorized public agencies pursuant to subpoena or with the licensee or applicant under investigation; amend KRS 156.070, 156.160, 156.4975, 156.502, 159.030, 186.042, 194A.454, 202A.161, 205.560, 205.5636, 211.395, 212.275, 216.370, 216B.175, 216B.176, 217.015, 218A.010, 218A.202, 281.873, 304.17-312, 304.17A-005, 304.17A-575, 304.17A-578, 311.669, 311A.170, and to change the terminology from advanced registered nurse practitioner to advanced practice registered nurse; amend KRS 314.011 to define the terms "population focus," and "conviction" and amend the definitions of "advanced practice registered nurse" and "advanced practice registered nursing"; amend KRS 314.042 to change the terminology from registration and designation to licensure; require applicants for licensure as advanced practice registered nurses to be certified in at least one population focus; amend 314.031 to require reporting of any nurse who violates patient confidentiality; amend KRS 314.043 to change the terminology from registration and designation to licensure; amend KRS 314.071 to delete the requirement for the board to verify the accuracy of an application upon receipt of the application and fee and issue an license upon verification; renewal notices be sent to the licensee's address of record; amend KRS 314.073 to update termininology to conform; amend KRS 314.091 to delete the term "conviction"; amend KRS 314.013 to add nurse and dialysis technician to those who the board is permitted to require a fingerprint check as part of a criminal background check; amend KRS 314.108 to require an applicant for licensure to notify the board in writing if any professional or business license issued to the applicant by any agency of the Commonwealth or another jurisdiction is surrendered or terminated, refused, suspended, revoked, or denied renewal; amend KRS 314.109 to update terminology to conform; require the applicant to submit a certified copy of the order and a letter of explanation with the application; amend KRS 314.111 to require the board to set standards for nursing education programs that prepare advanced practice registered nurses, and approve programs that meet the standards, provide that a school which has failed to correct deficiencies to the satisfaction of the board shall be subject to an administrative hearing to determine whether it shall be closed; amend KRS 314.121 to update terminology to conform; amend KRS 314.171 to require the board to disclose a nurse's participation in the alternative to discipline program to the public and limit the content of the disclosure; amend KRS 314.193 to change the name of the Advanced Registered Nurse Practice Council to the Advanced Practice Registered Nurse Council; change the requirement that any additional education recommended by the council be recognized jointly by the nursing and medical professions to recognition by the nursing profession; delete the prohibition on members serving more than two consecutive terms; amend KRS 314.195 and 315.040 to update terminology to conform.

HB 179 - AMENDMENTS


     HCS - Retain original provisions, except delete the word "gross" and provide immunity to persons and agencies filing a complaint unless the persons or agencies filing a complaint unless the persons or agencies acted in bad faith, or with recklessness or malicious purpose; delete the provisions that Board of Nursing members and employees of the board shall have deliberative privilege and are not subject to deposition or subpoena regarding cases processed before them; and make technical corrections.

     SCS - Retain original provisions; amend KRS 18A.197 to allow an advanced practice registered nurse to certify an employee's need for absence and use of sick leave from the sick leave sharing program; amend KRS 158.035 to permit a child eligible to enroll as a student in any public or private elementary school to enroll if the child presents an immunization certificate from either a physician or an advanced practice registered nurse; amend KRS 163.525 to enable a person to obtain certification as deaf, hard of hearing, or severely speech-impaired from an advanced practice registered nurse in order to be eligible for a telecommunication device for the deaf; amend KRS 199.8982 to include a statement from an advanced practice registered nurse that the applicant for a family child-care home is in good health; amend KRS 214.010 to require an advanced practice registered nurse to report communicable diseases; amend KRS 214.181 to permit an HIV test to be ordered by an advanced practice registered nurse; amend KRS 214.625 to allow an advanced practice registered nurse to order HIV tests, inform the patients of the results, provide information and counseling, or refer the patient for treatment and counseling; amend KRS 214.645 to require an advanced practice registered nurse that receives a positive report of an HIV test he or she has administered to report that result to the Cabinet for Health and Family Services; amend KRS 216.935 to allow a home health aide to assist with medication ordered by a physician or advanced practice registered nurse; repeal and reenact KRS 313.010 to 313.130, regarding the licensing and regulation of dentists and dental specialists to define chapter terms; establish the Kentucky Board of Dentistry and its appointment and meeting procedures; establish duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish requirements for students, education, licensure or registration, and license renewal; direct the board to establish and oversee the Office of the Kentucky Board of Dentistry for the provision of administrative services, establish committees and subcommittees, including the Law Enforcement Committee and Well-Being Committee; affiliate with the American Association of Dental Boards; require the board to employ and fix the compensation for an executive director and attorney; mandate the development of a biennial budget; direct the board to promulgate administrative regulations to establish a reasonable schedule of fees not to exceed the national average of other state dental boards; direct the credit and disbursement of funds; establish biennial period of renewal and application process; require licensee to produce license or registration upon demand and to post in conspicuous location at place of employment; require the board to promulgate administrative regulations relating to dentists which may include classification of and licensure, student and faculty limited licenses, retirement or reinstatement of a license, charity licenses and sedation and anesthesia permits; exempt licensees from civil damages when rendering emergency care; grant dentists prescriptive authority and ability to sign death certificates; require the board to promulgate administrative regulations relating to dental hygienists which may include minimum classification of and licensure requirements, general supervision privileges, and anesthesia registration; establish conditions under which a dental hygienist may practice independently, in a volunteer community health setting; forbid a dental hygienist from examining or providing dental health service to a patient who has not been seen by the supervising dentist within the previous seven months; establish conditions for public health hygienist; require the board to promulgate administrative regulations to define registration requirements, duties, training, and standards of practice for dental assistants; require dental assistant to practice under order and control of a licensed dentist; establish conditions for coronal polishing in list of services; list service prohibited for dental assistants; authorize procedures for auxiliary personnel; establish dental practice requirements; require dental practitioners and surgeons to practice under own name; establish contractual requirements for continuing operations of a deceased or incapacitated dentist's practice; direct dentist utilizing telehealth to ensure patient's informed consent and confidentiality; permit licensed dentist to delegate use of block and infiltration anesthesia and nitrous oxide analgesia to dental hygienist; require dental laboratories to employ a certified dental technician or a licensed dentist; prohibit a dentist from using a dental laboratory without first furnishing the laboratory with a written work order; permit dental laboratories that employ or contract with a dentist to construct, alter, repair, or duplicate dentures, plates, bridges, splints, orthodontics, or prosthetic appliances if the patient's care is supervised by the referring dentist; prohibit persons not licensed or registered under this Act from practicing as a dentist, dental assistant, or dental hygienist; allow students to perform dental work; grant jurisdiction to Circuit Court of the county in which an alleged offense occurred; establish restrictions on and prohibited activities for persons not licensed or registered with the board; establish penalties and disciplinary actions; permit the Law Enforcement Committee to issue emergency orders; establish hearing process and make appeals to Circuit Court of the county in which the licensee resides; establish requirements for complaints, investigations, notification, preliminary inquiry, hearing, order, appeals and discipline; impose sanctions and disciplinary actions for violations; permit the board to require mental or physical examinations for cause; establish and oversee the Well-Being committee to promote early identification, intervention, treatment, and rehabilitation of impaired licensees; require confidentiality and conditions for the disclosure of information; amend KRS 48.315, 214.615, 214.620, and 311.668 to conform; amend KRS 313.254 to extend a charitable dentist license's validity to 10 days during a given event, allow online application for temporary charitable licensure, and require applicants to submit themselves to a National Practitioner Databank query, grant immunity from civil liability for individuals that operate charitable dentistry events; create a new section of noncodified language to direct the staff of the LRC to assess the advantages and disadvantages of locating a Commission on Dental Accreditation educational program specializing in denturitry or denture technology at one of the public universities or technical colleges in Kentucky, encourage interested persons at UK, U of L, and in the Kentucky Community and Technical College System to study the feasibility of creating a denturitry program in their available courses of study, the following KRS sections are repealed: 313.140 to 313.250 and 313.255 to 313.990.

     SCA (1/Title, J. Denton) - Make title amendment.

     SFA (1/Title, J. Denton) - Make title amendment.

     SFA (2, J. Denton) - Retain original provisions; attach HB 256 to repeal and reenact KRS 313.010 to 313.130, regarding the licensing and regulation of dentists and dental specialists to define chapter terms; establish the Kentucky Board of Dentistry and its appointment and meeting procedures; establish duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish requirements for students, education, licensure or registration, and license renewal; direct the board to establish and oversee the Office of the Kentucky Board of Dentistry for the provision of administrative services; establish committees and subcommittees, including the Law Enforcement Committee and Well-Being Committee; affiliate with the American Association of Dental Boards; require the board to employ and fix the compensation for an executive director and attorney; mandate the development of a biennial budget; direct the board to promulgate administrative regulations to establish a reasonable schedule of fees not to exceed the national average of other state dental boards; direct the credit and disbursement of funds; establish biennial period of renewal and application process; require licensee to produce license or registration upon demand and to post in conspicuous location at place of employment; require the board to promulgate administrative regulations relating to dentists which may include classification of and licensure, student and faculty limited licenses, retirement or reinstatement of a license, charity licenses and sedation and anesthesia permits; exempt licensees from civil damages when rendering emergency care; grant dentists prescriptive authority and ability to sign death certificates; require the board to promulgate administrative regulations relating to dental hygienists which may include minimum classification of and licensure requirements, for general supervision privileges, and anesthesia registration; establish conditions under which a dental hygienist may practice independently, in a volunteer community health setting; forbid a dental hygienist from examining or providing dental health service to a patient who has not been seen by the supervising dentist within the previous seven months; establish conditions for public health hygienist; require the board to promulgate administrative regulations to define registration requirements, duties, training, and standards of practice for dental assistants; require dental assistant to practice under order and control of a licensed dentist; establish conditions for coronal polishing in list of services; list service prohibited for dental assistants; authorize procedures for auxiliary personnel; establish dental practice requirements; require dental practitioners and surgeons to practice under own name; establish contractual requirements for continuing operations of a deceased or incapacitated dentist's practice; direct dentist utilizing telehealth to ensure patient's informed consent and confidentiality; permit licensed dentist to delegate use of block and infiltration anesthesia and nitrous oxide analgesia to dental hygienist; prohibit persons not licensed or registered under this Act from practicing as a dentist, dental assistant, or dental hygienist; allow students to perform dental work; grant jurisdiction to Circuit Court of the county in which an alleged offense occurred; establish restrictions on and prohibited activities for persons not licensed or registered with the board; establish penalties and disciplinary actions; permit the Law Enforcement Committee to issue emergency orders; establish hearing process and make appeals to Circuit Court of the county in which the licensee resides; establish requirements for complaints, investigations, notification, preliminary inquiry, hearing, order, appeals and discipline; impose sanctions and disciplinary actions for violations; permit the board to require mental or physical examinations for cause; establish and oversee the Well-Being committee to promote early identification, intervention, treatment, and rehabilitation of impaired licensees; require confidentiality and conditions for the disclosure of information; amend KRS 48.315, 214.615, 214.620, and 311.668 to conform; the following KRS Sections are repealed: 313.140 to 313.990.

     SFA (3, G. Tapp) - Amend KRS 18A.197 to allow an advanced practice registered nurse to certify an employee's need for absence and use of sick leave from the sick leave sharing program; amend KRS 158.035 to permit a child eligible to enroll as a student in any public or private elementary school to enroll if the child presents an immunization certificate from either a physician or an advanced practice registered nurse; amend KRS 163.525 to enable a person to obtain certification as deaf, hard of hearing, or severely speech-impaired from an advanced practice registered nurse in order to be eligible for a telecommunication device for the deaf; amend KRS 199.8982 to include a statement from an advanced practice registered nurse that the applicant for a family child-care home is in good health; amend KRS 214.010 to require an advanced practice registered nurse to report communicable diseases; amend KRS 214.181 to permit an HIV test to be ordered by an advanced practice registered nurse; amend KRS 214.625 to allow an advanced practice registered nurse to order HIV tests, inform the patients of the results, provide information and counseling, or refer the patient for treatment and counseling; amend KRS 214.645 to require an advanced practice registered nurse that receives a positive report of an HIV test he or she has administered to report that result to the Cabinet for Health and Family Services; amend KRS 216.935 to allow a home health aide to assist with medication ordered by a physician or advanced practice registered nurse.

     SFA (4, J. Denton) - Attach provisions of HB 256 to repeal and reenact KRS 313.010 to 313.130, regarding the licensing and regulation of dentists and dental specialists to define chapter terms; establish the Kentucky Board of Dentistry and its appointment and meeting procedures; establish duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish requirements for students, education, licensure or registration, and license renewal; direct the board to establish and oversee the Office of the Kentucky Board of Dentistry for the provision of administrative services, establish committees and subcommittees, including the Law Enforcement Committee and Well-Being Committee; affiliate with the American Association of Dental Boards; require the board to employ and fix the compensation for an executive director and attorney; mandate the development of a biennial budget; direct the board to promulgate administrative regulations to establish a reasonable schedule of fees not to exceed the national average of other state dental boards; direct the credit and disbursement of funds; establish biennial period of renewal and application process; require licensee to produce license or registration upon demand and to post in conspicuous location at place of employment; require the board to promulgate administrative regulations relating to dentists which may include classification of and licensure, student - and faculty- limited licenses, retirement or reinstatement of a license, charity licenses, and sedation and anesthesia permits; exempt licensees from civil damages when rendering emergency care; grant dentists authority to write prescriptions and sign death certificates; require the board to promulgate administrative regulations relating to dental hygienists which may include minimum classification of and licensure requirements, general supervision privileges, and anesthesia registration; establish conditions under which a dental hygienist may practice independently, in a volunteer community health setting; forbid a dental hygienist from examining or providing dental health service to a patient who has not been seen by the supervising dentist within the previous seven months; establish conditions for public health hygienist; require the board to promulgate administrative regulations to define registration requirements, duties, training, and standards of practice for dental assistants; require a dental assistant to practice under the order and control of a licensed dentist; establish conditions for coronal polishing in list of services; list services prohibited for dental assistants; authorize procedures for auxiliary personnel; establish dental practice requirements; require dental practitioners and surgeons to practice under own name; establish contractual requirements for continuing operations of a deceased or incapacitated dentist's practice; direct dentist utilizing telehealth to ensure patient's informed consent and confidentiality; permit licensed dentist to delegate use of block and infiltration anesthesia and nitrous oxide analgesia to dental hygienist; require dental laboratories to employ a certified dental technician or a licensed dentist; prohibit a dentist from using a dental laboratory without first furnishing the laboratory with a written work order; permit dental laboratories that employ or contract with a dentist to construct, alter, repair, or duplicate dentures, plates, bridges, splints, orthodontics, or prosthetic appliances if the patient's care is supervised by the referring dentist; permit a 90 day grace period during which only existing patients may be seen when a dental laboratory that employs a dentist but not a certified dental technician disassociates from all employed dentists; prohibit persons not licensed or registered under this Act from practicing as a dentist, dental assistant, or dental hygienist; allow students to perform dental work; grant jurisdiction to Circuit Court of the county in which an alleged offense occurred; establish restrictions on and prohibited activities for persons not licensed or registered with the board; establish penalties and disciplinary actions; permit the Law Enforcement Committee to issue emergency orders; establish a hearing process and make appeals to Circuit Court of the county in which the licensee resides; establish requirements for complaints, investigations, notifications, preliminary inquiries, hearings, orders, appeals, and discipline; impose sanctions and disciplinary actions for violations; permit the board to require mental or physical examinations for cause; establish and oversee the Well-Being Committee to promote early identification, intervention, treatment, and rehabilitation of impaired licensees; require confidentiality and conditions for the disclosure of information; amend KRS 48.315, 214.615, 214.620, and 311.668 to conform; amend KRS 313.254 to extend a charitable dentist license's validity to 10 days during a given event, allow online application for temporary charitable licensure, and require applicants to submit themselves to a National Practitioner Databank query, grant immunity from civil liability for individuals that operate charitable dentistry events; create a new section of noncodified language to direct the staff of the LRC to assess the advantages and disadvantages of locating a Commission on Dental Accreditation educational program specializing in denturitry or denture technology at one of the public universities or technical colleges in Kentucky, encourage interested persons at the University of Kentucky, University of Louisville, and in the Kentucky Community and Technical College System to study the feasibility of creating a denturitry program in their available courses of study, 313.140 to 313.250 and 313.255 to 313.990.

     Jan 5-introduced in House
     Jan 6-to Health & Welfare (H)
     Jan 19-posted in committee
     Feb 4-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 5-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, February 10, 2010
     Feb 10-3rd reading, passed 99-0 with Committee Substitute
     Feb 11-received in Senate
     Feb 16-to Licensing, Occupations & Administrative Regulations (S)
     Mar 9-reported favorably, 1st reading, to Calendar
     Mar 10-2nd reading, to Rules
     Mar 17-posted for passage in the Regular Orders of the Day for Thursday, March 18, 2010
     Mar 18-floor amendments (1-title) and (2) filed ; passed over and retained in the Orders of the Day
     Mar 19-passed over and retained in the Orders of the Day
     Mar 22-passed over and retained in the Orders of the Day
     Mar 23-passed over and retained in the Orders of the Day; floor amendment (3) filed
     Mar 24-floor amendment (4) filed ; recommitted to Health & Welfare (S)
     Mar 26-reported favorably, to Rules as a Consent bill with Committee Substitute, committee amendment (1-title); posted for passage in the Consent Orders of the Day for Friday, March 26, 2010; 3rd reading; floor amendments (1-title) (2) (3) and (4) withdrawn ; passed 38-0 with Committee Substitute, committee amendment (1-title) ; received in House; to Rules (H)
     Mar 29-taken from committee; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) for Monday, March 29, 2010; House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 100-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 8-signed by Governor (Acts ch. 85)

Vote History
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