Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
39A.020,
39A.350,
39A.356,
39A.358,
342.640
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
39A.362 authorizes the Cabinet for Health and
Family Services to promulgate an administrative regulation to implement
KRS
39A.350 to
39A.366.
KRS
194A.050(1) requires the
secretary of the cabinet to promulgate administrative regulations necessary to
operate the programs and fulfill the responsibilities vested in the cabinet.
This administrative regulation establishes a volunteer health practitioner's
eligibility for worker's compensation coverage during an emergency or declared
emergency response.
Section 1.
Definitions.
(1) "Declared emergency" is
defined by KRS
39A.020(7).
(2) "Department" means the Department for
Public Health.
(3) "Emergency" is
defined by KRS
39A.020(12).
(4) "Health services" is defined by
KRS
39A.350(7).
(5) "Medical reserve corps" means the
formally established network of volunteers, including volunteer health
practitioners who are licensed to practice in Kentucky, registered with the
department to provide emergency response services as directed by the
department.
(6) "Voluntary health
practitioner" is defined by
KRS
39A.350(11).
Section 2. Applicability. The
provisions of this administrative regulation shall only be applicable to
volunteers who are active in the Health Emergency Listing of Professionals for
Surge (K HELPS) system and who provide state-sanctioned emergency response,
health, or veterinary services as directed by the department.
Section 3. Medical Reserve Corps Volunteer
Registration.
(1) All medical reserve corps
volunteers shall:
(a) Register with the
department through K HELPS at
https://www.chfs.ky.gov/agencies/dph/dphps/phpb/Pages/khelps.aspx;
and
(b) Have a criminal background
check completed.
(2)
Individuals seeking to register as a voluntary health practitioner shall:
(a) Submit proof of current licensure;
and
(b) Be in good standing with
the applicable licensure board.
(3) A voluntary health practitioner shall
adhere to the scope of practice from the applicable licensure board.
(4) A non-medical volunteer shall not perform
tasks outside their existing skill level or experience.
(5) A volunteer active within the K HELPS
system who, in good faith and in the performance of his or her duties, acts in
compliance with KRS
39A.350 to
39A.366 shall not be liable in
damages to any person or government entity in tort or other civil action,
including an action upon a medical, dental, chiropractic, optometric, or other
health-related claim or veterinary claim, for injury, death, or loss to person
or property that may arise from an act or omission of that volunteer unless
such act or omission was the result of gross negligence or willful
misconduct.
Section 4.
Workers' Compensation Coverage for Medical Reserve Corps Volunteers.
(1) In accordance with
KRS
342.640(3), a volunteer who
is active in the K HELPS system, an active member of the medical reserve corps,
and in good standing with the department shall be considered an employee of the
state for purposes of any medical workers' compensation benefits concerning any
injury incurred while traveling to and from or providing emergency response or
health services as directed by the department.
(2) A volunteer who is active in the K HELPS
system, an active member of the medical reserve corps, and in good standing
with the department shall be eligible for coverage under the department's
worker's compensation coverage while providing emergency response services or
health services in response to an emergency, declared emergency, or in
disaster-related exercises, testing, or other training activities as directed
by the department.
(3) Workers'
compensation benefits for volunteers shall be limited to those medical benefits
provided to state employees.
STATUTORY AUTHORITY:
KRS
39A.362,
194A.050(1)
