KY Jurisprudence cheat sheet

KRS Chapter 311 governs physicians; KRS 311.530-311.620 create the Kentucky Board of Medical Licensure (KBML) and define its authority over MD, DO, and related licenses.

KRS Chapter 314 governs nursing; the Kentucky Board of Nursing (KBN) adopts administrative regulations in 201 KAR Chapter 20 covering licensure, practice, and discipline.

KRS 216B and 902 KAR Chapter 20 set hospital and health-facility licensure and public health standards enforced by the Cabinet for Health and Family Services.

KRS 304.17A and related insurance statutes govern coverage, utilization review, and payer conduct; they are separate from clinical licensure law.

KRS 311.377 establishes the controlled-substance prescribing rules for practitioners, including required KASPER querying in specified circumstances.

KRS 422 governs medical records, including patient access and retention-related duties; KRS 422.317 addresses copies of records for patients.

Administrative regulations carry the force of law; a violation of an administrative regulation adopted under a statute can support Board disciplinary action even absent a statutory violation.

Statutory amendments take effect according to their enacted effective date; practitioners must track the current KRS and KAR text rather than relying on older summaries.

Scope of practice is defined by the license held plus the governing practice act; a task is within scope only if authorized by statute or regulation and within the licensee's training and competence.

APRN practice in Kentucky requires a collaborative agreement with a physician for prescribing and is regulated under KRS 314.042 and 201 KAR 20:057.

Physician assistants practice under a written supervision or collaboration agreement filed as required by KRS 311.840 to 311.862 and 201 KAR 9:100 series regulations.

Delegation requires that the delegating licensee retain authority to assess the patient, that the delegatee be competent, and that the task not be prohibited to the delegatee by that delegatee's own practice act.

Nursing tasks may be delegated under KBN delegation rules; the RN retains accountability for the nursing judgment underlying the delegation decision.

Medical orders must originate from a practitioner authorized to prescribe; a nurse may not independently initiate a treatment requiring an order.

Scope questions are resolved by the stricter applicable rule when two practice acts overlap; the more restrictive authorization controls.

Practicing outside the authorized scope is grounds for discipline independent of whether patient harm occurred.

Physician licenses are issued by KBML; renewal cycles and continuing medical education requirements are set by Board regulation, and CME must be completed within the defined renewal period.

Kentucky RN and LPN licenses renew on a biennial cycle; APRN and prescriptive authority have separate renewal and continuing education obligations under KBN regulations.

KASPER registration is required to query the controlled-substance monitoring system; practitioners must query in the circumstances specified by KRS 311.377.

DEA registration is federal and separate from state licensure; a Kentucky controlled-substance license or registration may also be required for prescribing.

Continuing education content requirements typically include specified hours in areas such as domestic violence, pediatric abusive head trauma, or opioid prescribing; the exact hour counts change and must be verified against current regulation.

Lapsed licenses may be reinstated only through the Board's reinstatement process, which can require fees, CE, and explanation of the lapse period.

Practice on an expired or inactive license is unlicensed practice and is subject to both Board discipline and potential criminal liability.

Name, address, and employment changes must be reported to the licensing Board within the timeframe set by regulation.

KBML disciplinary process generally proceeds through complaint intake, investigation, possible informal resolution, and formal hearing before the Board with appeal rights under KRS Chapter 13B and KRS 311.

KBN discipline follows KRS Chapter 314 and 201 KAR 20:161, with an inquiry panel, complaint review, and hearing process.

Grounds for discipline commonly include unprofessional conduct, incompetence, substance impairment, fraud in licensure, and failure to comply with Board orders.

Mandatory reporting duties apply to licensees who have knowledge of certain conduct by other licensees; the reporting duty is defined by statute and regulation.

Ex parte communications with adjudicators are prohibited; all case communications should go through the designated Board process.

Sanctions range from reprimand and probation to suspension, restriction, and revocation, and may include fines, CE orders, and practice monitoring.

A licensee must respond truthfully and completely to Board inquiries; a false or evasive response is itself a separate disciplinary ground.

Confidentiality of peer review and quality improvement records is protected under KRS 311.377 and related provisions, subject to defined exceptions.

Medical records must be accurate, timely, legible, and authenticated by the responsible practitioner; entries should identify date, time, author, and clinical content.

KRS 422.317 gives patients a right to obtain copies of their medical records; the provider may charge a reasonable fee as permitted by statute.

Retention periods are set by statute and regulation and vary by record type and patient age; records for minors are generally retained beyond the age of majority.

Corrections to a record must be made by dated addendum, not by alteration or obliteration of the original entry.

Reportable events include specified communicable diseases, child abuse or neglect, and certain adverse events; each has its own statute, regulation, and reporting channel.

KASPER queries and controlled-substance prescribing must be documented in the patient record to support the clinical rationale.

Records must be released only with valid authorization or as required by law; subpoenas require verification and appropriate legal process.

Electronic health records must maintain an audit trail; access controls and minimum-necessary access are required under privacy and security rules.

Informed consent requires disclosure of the nature of the procedure, material risks, benefits, alternatives, and the consequences of declining, documented in the record.

Consent for minors generally requires a parent or guardian, subject to statutory exceptions such as emergency care and specified public health services.

HIPAA permits disclosure for treatment, payment, and operations without authorization; other disclosures require valid authorization or a legal exception.

Kentucky law provides additional confidentiality protections in specific areas, including certain mental health, substance use, and HIV-related information.

Patients have the right to refuse treatment, to be informed of their rights, and to receive care free from discrimination and abuse.

Emergency treatment may proceed without consent under the doctrine of implied consent when the patient is unable to consent and delay would risk harm.

Confidentiality survives death and continues to bind former employees and trainees who had access to patient information.

Minimum-necessary and need-to-know standards govern internal access; curiosity-driven access to records is a reportable privacy breach.

Standard precautions apply to all patients regardless of diagnosis; they include hand hygiene, gloves, gowns, masks, eye protection, and safe sharps handling.

Transmission-based precautions add contact, droplet, or airborne measures based on the suspected or confirmed pathogen.

Reportable communicable diseases must be reported to the local health department within the timeframe set by 902 KAR 2:020 and related regulations.

Sharps injuries require immediate first aid, source evaluation, and post-exposure prophylaxis assessment under the exposure control plan.

Facilities must maintain written exposure control plans, offer hepatitis B vaccination, and provide appropriate PPE and training to staff.

Sterilization and disinfection must follow validated processes and manufacturer instructions; high-level disinfection is required for semi-critical devices.

Hand hygiene should follow the WHO or CDC five moments; alcohol-based rub is preferred except when hands are visibly soiled.

Public health emergency powers, including isolation and quarantine authority, are set by KRS Chapter 214 and related statutes.

Read KRS Chapter 311 and 201 KAR Chapter 9 for physician and PA rules, and KRS Chapter 314 with 201 KAR Chapter 20 for nursing rules.

Read KRS 311.377 and KASPER regulations for controlled-substance prescribing and query requirements.

Read KRS 422 and HIPAA for records access, retention, and confidentiality.

Read 902 KAR 2:020 and KRS Chapter 214 for reportable disease and public health requirements.

Read the KBML and KBN disciplinary regulations for the complaint, hearing, and sanction process.

Read scope-of-practice and delegation regulations for APRN and PA practice settings.

Read informed consent and patient rights statutes, including minor consent exceptions.

Verify current effective dates and hour counts; many CE and renewal figures change with each regulatory amendment.

Document date, time, author, and clinical reasoning for every significant encounter and order.

Use addenda for corrections; never alter or delete an original entry.

Record KASPER query results and controlled-substance rationale in the patient record.

Obtain and document informed consent before procedures, including risks, benefits, and alternatives.

Report suspected child abuse or neglect to the Cabinet for Health and Family Services as required by KRS 620.030.

Report specified communicable diseases to the local health department within the required timeframe.

Release records only with valid authorization or a legal exception; verify subpoenas before release.

Maintain audit trails and access controls in electronic systems; review access logs for inappropriate use.

Grounds for discipline include unprofessional conduct, incompetence, impairment, fraud, and failure to comply with Board orders.

Respond truthfully and completely to Board inquiries; evasive or false responses are separate violations.

Report certain conduct of other licensees as required by statute and regulation.

Avoid ex parte communications with adjudicators; route all case communications through the Board process.

Sanctions range from reprimand and probation to suspension, restriction, revocation, fines, and CE orders.

Peer review and quality improvement records are protected by statute, subject to defined exceptions.

Practice on an expired license is unlicensed practice and is subject to discipline and potential criminal liability.

Track current KRS and KAR text; administrative regulation violations can support discipline even without a statutory violation.

Scope is defined by the license held plus the governing practice act; a task must be authorized and within competence.

APRN prescribing requires a collaborative agreement with a physician under KRS 314.042 and 201 KAR 20:057.

PAs practice under a written supervision or collaboration agreement filed under KRS 311.840 to 311.862 and 201 KAR 9:100 series regulations.

Delegation requires delegator authority to assess the patient, delegatee competence, and no prohibition in the delegatee's own practice act.

RNs retain accountability for nursing judgment underlying a delegation decision.

Medical orders must originate from a practitioner authorized to prescribe; nurses may not independently initiate treatment requiring an order.

When two practice acts overlap, the stricter applicable rule controls.

Practicing outside authorized scope is grounds for discipline regardless of patient harm.

Physician licenses are issued by KBML; renewal cycles and CME requirements are set by Board regulation.

RN and LPN licenses renew biennially; APRN and prescriptive authority have separate renewal and CE obligations under KBN regulations.

KASPER registration is required to query the monitoring system; query in the circumstances specified by KRS 311.377.

DEA registration is federal and separate from state licensure; a Kentucky controlled-substance registration may also be required.

CE content requirements may include specified hours in areas such as domestic violence, pediatric abusive head trauma, or opioid prescribing; verify current hour counts.

Reinstatement of a lapsed license requires the Board's process, which can include fees, CE, and explanation of the lapse period.

Practice on an expired or inactive license is unlicensed practice subject to discipline and potential criminal liability.

Report name, address, and employment changes within the timeframe set by regulation.

Informed consent requires disclosure of procedure nature, material risks, benefits, alternatives, and consequences of declining, documented in the record.

Consent for minors generally requires a parent or guardian, subject to statutory exceptions such as emergency care and specified public health services.

HIPAA permits disclosure for treatment, payment, and operations without authorization; other disclosures require authorization or a legal exception.

Kentucky law provides additional confidentiality protections for certain mental health, substance use, and HIV-related information.

Patients have the right to refuse treatment, be informed of their rights, and receive care free from discrimination and abuse.

Emergency treatment may proceed under implied consent when the patient cannot consent and delay would risk harm.

Confidentiality survives death and continues to bind former employees and trainees with prior access.

Minimum-necessary and need-to-know standards govern internal access; curiosity-driven access is a reportable privacy breach.

Standard precautions apply to all patients regardless of diagnosis, including hand hygiene, PPE, and safe sharps handling.

Transmission-based precautions add contact, droplet, or airborne measures based on the pathogen.

Reportable communicable diseases must be reported to the local health department within the timeframe set by 902 KAR 2:020 and related regulations.

Sharps injuries require immediate first aid, source evaluation, and post-exposure prophylaxis assessment under the exposure control plan.

Facilities must maintain written exposure control plans, offer hepatitis B vaccination, and provide PPE and training.

Sterilization and disinfection must follow validated processes and manufacturer instructions; high-level disinfection is required for semi-critical devices.

Hand hygiene follows the CDC or WHO five moments; alcohol-based rub is preferred except when hands are visibly soiled.

Public health emergency powers, including isolation and quarantine, are set by KRS Chapter 214 and related statutes.