902 Ky. Admin. Regs. 20:500
Current through Register Vol. 51, No. 6, December 1, 2024
Section 902 KAR 20:500 - Medical reserve corpsRELATES 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:(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.50 Ky.R. 280; eff. 10/25/2023.STATUTORY AUTHORITY: KRS 39A.362, 194A.050(1)