SB 4/LM/CI (BR 1175) - D. Williams, D. Harper Angel
AN ACT relating to anatomical gifts.
Create, amend, and repeal various sections of the Kentucky Revised Statues, relating to anatomical gifts, to enact the Revised Uniform Anatomical Gift Act and make consistent the provisions relating to organ donation across the states; clarify certain provisions of earlier uniform acts; apply provisions to donations from deceased donors as a result of gifts made before or after their deaths; establish the manner of making an anatomical gift before the donor's death, the procedure for amending or revoking an anatomical gift before the donor's death, the procedure for refusing to make an anatomical gift and the effect of that refusal, and the preclusive effect of an anatomical gift, amendment, or revocation; set forth who may make an anatomical gift of the decedent's body or part and the manner of making, amending, or revoking an anatomical gift of the decedent's body or part; list persons that may receive an anatomical gift and the purpose of the anatomical gift; require search by law enforcement and hospital for document of gift; provide that the delivery of document of gift is not required during donor's life and create the right to examine the document; establish the rights and duties of procurement organization and others; require coordination of procurement and use; prohibit the sale or purchase of parts; provide immunity for certain parties; clarify the law governing validity, choice of law as to execution of document of gift, and presumption of validity; set forth the effect of an anatomical gift on advance health-care directive; require cooperation between coroners, medical examiners, and procurement organizations; cite need for uniformity of application and construction; clarify relation to Electronic Signatures in Global and National Commerce Act; amend and repeal various sections to conform.
SB 4 - AMENDMENTS
SCS/LM/CI - Retain original provisions and amend the definition of "tissue"; prohibit a tissue bank from receiving an ovum or sperm for the purpose of creating an embryo to be used in therapy, research, or education; provide that the making of an anatomical gift shall not authorize or direct the denial of hydration and nutrition when the denial of hydration and nutrition will result in or hasten death.
HCS/LM/CI/HM - Retain original provisions; create new section of KRS Chapter 214 to establish the Kentucky Hemophilia Program in the Department for Public Health; require the program to assist in the development and expansion of programs for the diagnosis and treatment of hemophilia, provide health benefit plan insurance coverage case management, make referrals to Kentucky Access, evaluate other funding sources, pay medical insurance premiums unless prohibited by law, provide for community educational programs, and conduct educational programs; set eligibility requirements; require the program to provide services to the extent funding is available; create a new section of KRS Chapter 214 to establish the Kentucky Hemophilia Board; establish membership of the board; repeal KRS 200.550 and 200.560; amend KRS 211.015 to conform; create new sections of KRS Chapter 319 to define terms relating to the practice of applied behavior analysis and licensure by the Kentucky Board of Examiners of Psychology; authorize the Board of Examiners of Psychology to promulgate administrative regulations relating to licensure of behavior analysts and assistant behavior analysts and to appoint two behavior analysts to advise the board on matters relating to regulation and licensure of behavior analysts; require licensure to practice applied behavior analysis in the state, to establish licensure requirements, and to prohibit the practice of applied behavior analysis in the state without a license; require the Board of Examiners of Psychology to promulgate administrative regulations governing licensure of practitioners of applied behavior analysis and to annually publish a current directory of licensed practitioners of applied behavior analysis; require the board to issue a license to persons holding a valid license in another state or a person who was educated in another country, under specified conditions; require any practitioner or employer of practitioners of applied behavior analysis to report specified inappropriate behavior to the board; require the board, after due notice and an administrative hearing conducted in accordance with KRS Chapter 13B, to refuse to issue or to take specified actions against an existing license or license holder, and establish the actions that may be the subject of disciplinary action by the board; authorize the board to reinstate a license that has lapsed or been revoked and to authorize persons aggrieved by a final order of the board to appeal to the Franklin Circuit Court; provide that all fees received by the board for licensure of practitioners of applied behavior analysis, or penalties assessed by the board for violating provisions of Sections 1 to 10 of the Act shall be deposited to a trust and agency fund to be used by the Board without reversion to the general fund, and authorize the board to employ personnel and purchase necessary materials and supplies; to establish the appropriate use of telehealth for practitioners of applied behavior analysis and authorize the board to promulgate necessary administrative regulations; establish penalties for any person practicing applied behavior analysis without a license; create a new section of Subtitle 17A of KRS Chapter 304 to define terms relating to applied behavior analysis and autism spectrum disorders; create a new section of Subtitle 17A of KRS Chapter 304 to require that a large group health benefit plan provide coverage for the diagnosis and treatment of autism spectrum disorders for individuals between the ages of one and 21, including coverage in the annual amount of $50,000 for individuals who are ages one through six, and coverage in the annual amount of $12,000 for individuals who are ages seven through 21 and specify treatments covered; amend KRS 304.17A-143 to require that individual and small group market health benefit plans provide coverage for autism spectrum disorders in the amount of $1000 per month for pharmacy care, psychiatric care, psychological care, therapeutic care, applied behavior analysis and rehabilitative care for the treatment of autism spectrum disorders, and delete the provisions which established the requirements for coverage of autism; amend KRS 18A.225 to require that the state employee health benefit plan provide coverage for the diagnosis and treatment of autism spectrum disorders consistent with the requirement for coverage under large group health benefit plans; specify that provisions requiring health insurance coverage for autism spectrum disorders take effect January 1, 2011.
HCA (1/Title, T. Burch) - Make title amendment.
CCR - Cannot agree.
Feb 26-introduced in Senate
Mar 1-to Health & Welfare (S)
Mar 10-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 11-2nd reading, to Rules
Mar 16-posted for passage in the Regular Orders of the Day for Wednesday, March 17, 2010
Mar 17-3rd reading, passed 32-4-2 with Committee Substitute
Mar 18-received in House
Mar 19-to Health & Welfare (H)
Mar 22-taken from committee; 1st reading; returned to Health & Welfare (H)
Mar 23-taken from committee; 2nd reading; returned to Health & Welfare (H)
Mar 24-posting waived; posted in committee
Mar 25-reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
Mar 26-posted for passage in the Consent Orders of the Day for Friday, March 26, 2010; 3rd reading, passed 90-5 with Committee Substitute, committee amendment (1-title) ; received in Senate
Mar 29-posted for passage for concurrence in House Committee Substitute, committee amendment (1-title) ; Senate refused to concur in House Committee Substitute, committee amendment (1-title) ; Members appointed to pending conference committee; received in House; Members appointed to pending conference committee
Apr 1-Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate
Apr 14-House receded from Committee Substitute, committee amendment (1-title) ; passed 85-15; received in Senate; enrolled, signed by President of the Senate
Apr 15-enrolled, signed by Speaker of the House; delivered to Governor
Apr 26-signed by Governor (Acts ch. 161)