HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/KENTUCKY.ASC

Text File | 1993-01-14 | 102KB | 2,171 lines

/* KENTUCKY statutes address education for the public, students,
inmates, health professionals, and law enforcement.  Employment
and housing discrimination are also covered, along with tests for
offenders, inmates, and donated organs and blood.  There are also
insurance regulations and real estate disclosure laws. */



15.333.   Educational program concerning HIV and AIDS for law
enforcement officers. - (1) The Kentucky Law Enforcement Council
shall develop in conjunction with the Cabinet for Human Resources
an educational program on human immunodeficiency virus infection
and acquired immunodeficiency virus syndrome of not more than
four (4) hours to be delivered by the Department of Criminal
Justice Training to all law enforcement officers subject to the
provisions of KRS 15.440 or 61.300. The educational program shall
be completed annually.

(2)  The educational program may be a part of any continuing
education program offered by the Department of Criminal Justice
Training.



164.351.  Information on preventing transmission of HIV infection
to be made available to freshmen and transfer students. - (1)
State colleges and universities shall provide information on how
to prevent the transmission of the human immunodeficiency virus
consistent with the Centers for Disease Control guidelines, to
all freshmen and transfer students.

(2)  Each state college or university shall inform students of
the name and telephone number of a college or university
counselor trained to counsel persons about the human
immunodeficiency virus.



197.055.  Education program on AIDS - Policies for inmates -
Testing program. - (1) The Corrections Cabinet, in conjunction
with the Cabinet for Human Resources, shall establish a mandatory
introductory and continuing education program on human
immunodeficiency virus and acquired immunodeficiency syndrome for
all inmates. Programs shall be specifically designed for inmates
while incarcerated and in preparation for release into the
community. Consideration shall be given to cultural and other
relevant differences among inmates in the development of educa
tional materials and shall include emphasis on behavior and
attitude change. The education program shall be continuously
updated to reflect the latest medical information available.

(2)  If there is evidence that an inmate, while in the custody of
the cabinet, has engaged in behavior which places the inmate at a
high risk of transmitting or contracting a human immunodeficiency
disorder, the cabinet shall begin a testing program which is
consistent with guidelines of the Centers for Disease Control and
recommendations of the Correctional Medical Authority and shall
target persons who have been involved in or reasonably thought to
have been involved in a high risk behavior. For purposes of this
subsection, "high-risk behavior" includes:

(a)  Sexual contact with any person within the institution;

(b)  The use of intravenous drugs;

(c)  Tattooing; and

(d)  Any other activity medically known to transmit the virus.

(4)  The results of the tests shall become a part of that
inmate's medical file, accessible only to persons designated by
agency administrative regulations.

(5)  The cabinet shall establish policies consistent with
guidelines of the Centers for Disease Control and recommendations
of the Correctional Medical Authority on the housing, physical
contact, dining, recreation, and exercise hours or locations for
inmates with immunodeficiency disorders as are medically
indicated and consistent with the proper operation of its
facilities.

(6)  The cabinet shall report to the General Assembly by July 1
each year as to the implementation of this program and the
participation by inmates and staff.

(7)  If an inmate is involved in a situation with a cabinet
employee which could result, according to the institution's
physician, in the transmission of the human immunodeficiency
virus infection, the inmate shall be tested.



EQUAL OPPORTUNITIES ACT

207.130.  Definitions for KRS 207.140 to 207.240. - As used in
KRS

207.140   to 207.240 unless the context otherwise requires:

(1)  "Persons" means one or more individuals, partnerships,
municipalities, the state, or other political subdivisions within
the state, associations, labor organizations, or corporations.

(2)  "Physical handicap" means the physical condition of a person
whether congenital or acquired, which constitutes a substantial
disability to that person and is demonstrable by medically
accepted clinical or laboratory diagnostic techniques.

(3)  "Employer" means a person or governmental unit or officer in
this state having in his or its employ eight or more individuals;
and any person acting in the interest of an employer, directly or
indirectly.

(4)  "Labor organization" means a labor organization and an agent
of such an organization, and includes an organization of any
kind, an agency or employee representation committee, group,
association, or plan so engaged in which employees participate
and which exists for the purpose, in  whole or in part, of
dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of
employment, and a conference, general committee, joint system or
board, or joint council so engaged which is subordinate to a
national or international labor organization.

(5)  "Property" means any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy, as a
residence, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building,
structure, or portion thereof.

(6)  "To rent" includes to lease, to sublease, to furnish as
compensation, to let and otherwise grant for a consideration the
right to occupy premises not -owned by the occupant.

(7)  "Unfair employment practice" means an act that is prohibited
under KRS 207.150, 207.160 or 207.170.

(8)  "Unfair housing practice" means an act that is prohibited
under KRS 207.180 or 207.190.

(9)  "Commissioner" shall mean the commissioner of the department
of workplace standards, under the direction and supervision of
the secretary of labor.

(10) "Department" shall mean the department of workplace
standards in the labor cabinet.



207.135.  Protections available to persons with HIV - Employment
discrimination prohibited. - (1) Any person with acquired immu
nodeficiency syndrome, acquired immunodeficiency syndrome related
complex, or human immunodeficiency virus shall have every
protection made available to handicapped persons under KRS
207.130 to 207.240 and Section 504, Public Law No. 93-112, the
Rehabilitation Act of 1973.

(2)(a) No person may require an individual to take a human
immunodeficiency virus related test as a condition of hiring,
promotion, or continued -employment, unless the absence of human
immunodeficiency virus infection is a bona fide occupational
qualification for the job in question.

(b)  A person who asserts that a bona fide occupational
qualification exists for human immunodeficiency virus-related
testing shall have the burden of proving that:

1.   The human immunodeficiency virus-related test is necessary
to ascertain whether an employee is currently able to perform in
a reasonable manner the duties of the particular job or whether
an employee will present a significant risk of transmitting human
immunodeficiency virus infection to other persons in the course
of normal work activities; and

2.   There exists no means of reasonable accommodation short of
requiring the test.

(3)(a) A person shall not discriminate against an otherwise
qualified individual in housing, public accommodations, or
governmental services on the basis of the fact that such
individual is, or is regarded as being, infected with human
immunodeficiency virus.

(b)  A person or other entity receiving or benefiting from state
financial assistance shall not discriminate against an otherwise
qualified individual on the basis of the fact that such
individual is, or is regarded as being, infected with human
immunodeficiency virus.

(c)  A person who asserts that an individual who is infected with
human immunodeficiency virus is not otherwise qualified shall
have the burden of proving that no reasonable accommodation can
be made to prevent the likelihood that the individual will, under
the circumstances involved, expose other individuals to a
significant possibility of being infected with human
immunodeficiency virus.

(d)  No person shall fail or refuse to hire or discharge any
individual, segregate or classify any individual in any way which
would deprive or tend to deprive that individual of employment
opportunities or adversely affect his or her status as an
employee, or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or privileges of
employment on the basis of the fact that the individual is a
licensed health care professional who treats or provides patient
care to persons infected with human immunodeficiency virus.



207.140.  Preemployment inquiry - Basis for rejection of appli
cant for employment or housing. - (1) Nothing contained in KRS
207.130 to 207.240 shall be construed to prevent an employer from
making any preemployment inquiry about the existence of an
applicant's handicap and about the extent to which that handicap
has been overcome by treatment, medication, appliances, or other
rehabilitation.

(2)  Nothing contained in KRS 207.130 to 207.240 shall be
construed to prohibit the rejection of an applicant for
employment or housing on the basis of:

(a)  A physical handicap which interferes with a person's ability
to adequately perform assigned job duties;

(b)  Any handicap which is not demonstrable by medically accepted
clinical or laboratory diagnostic techniques, including, but not
limited to, alcoholism, drug addiction, and obesity; or

(c)  Any communicable disease, either carried by, or afflicting
the applicant.



207.150.  Prohibited employment practices - Exceptions. -

(1)  No employer shall fail or refuse to hire, discharge or
discriminate against any handicapped individual with respect to
wages, rates of pay, hours, or other terms and conditions of
employment because of the person's physical handicap unless the
handicap restricts that individual's ability to engage in the
particular job or occupation for which he or she is eligible, or
unless otherwise provided by law or, on the basis of the results
of a human immunodeficiency virus-related test, unless the
absence of human immunodeficiency virus infection is a bona fide
occupational qualification of the job in question; nor shall any
employer limit, segregate or classify handicapped individuals in
any way which would deprive or tend to deprive any handicapped
individual of employment opportunities or otherwise affect em
ployee status because of physical handicap, or on the basis of
the results of a human immunodeficiency virus related test,
unless the handicap or absence of human immunodeficiency virus
infection, constitutes a bona fide and necessary reason for the
limitation, segregation or classification. This subsection shall
not be construed to require any employer to modify his physical
facilities or grounds in any way, or exercise a higher degree of
caution for a handicapped individual than for any person who is
not a handicapped individual.

(2)  No employment agency, placement service, training school or
center or labor organization shall fail or refuse to refer for
employment or otherwise discriminate against individuals because
of physical handicap.



207.160.  Prohibited discriminatory acts by labor organization. -

No labor organization shall exclude or expel from its membership,
or otherwise discriminate against individuals because of physical
handicap or on the basis of a human immunodeficiency virus
related test; nor shall a labor organization limit, segregate, or
classify its membership, nor classify or fail or refuse to refer
for employment any handicapped individual, in any way which would
deprive or tend to deprive any handicapped individual of em
ployment opportunities, or otherwise affect employee status or
employment applicant status or as would adversely affect such
person's wages, hours or conditions of employment, because of
physical handicap or on the basis of a human immunodeficiency
virus related test.



207.170.  Prohibited discriminatory acts by employer or others. -

(1)  No employer shall discharge, expel, refuse to hire, or
otherwise discriminate against any person or applicant for
employment, nor shall any employment agency discriminate against
any person, nor shall a labor organization discriminate against
any member or applicant for membership because such person has
opposed any practice made an unfair employment practice by KRS
207.130 to 207.240 or because he has filed a charge, testified,
assisted or participated in any manner in an investigation,
citizen's action suit, proceeding or hearing under KRS 207.130 to
207.240.

(2)  No employer, labor organization, or joint labor-management
committee controlling apprenticeship programs or other training
or retraining, including on-the-job training programs, shall
discriminate against any individual because of physical handicap
in admission to, or employment in, any program established to
provide apprenticeship or other training, except as otherwise
provided by law.



207.180.  Prohibited discriminatory acts related to housing. -

(1)  No person shall refuse to sell or rent after the making of a
bona fide offer, or refuse to negotiate for the sale or rental
of' or otherwise make unavailable or deny property to any
individual because of sex, or because of physical handicap.

(2)  No person shall discriminate against any individual in the
terms, conditions or privileges of sale or rental of property, or
in the provision of services or facilities in connection
therewith, because of such individual's sex, or because of
physical handicap; however, this subsection shall not be
construed to require any person selling or renting property to
modify such property in any way or exercise a higher degree of
care for a handicapped individual than for a person who is not a
handicapped individual; nor shall this subsection be construed to
relieve any person of any obligation generally imposed on all
persons regardless of whether or not the person is a handicapped
individual in a written lease, rental agreement, or contract of
purchase or sale, or to forbid distinctions based on the
inability to fulfill the terms and conditions, including
financial obligations of such lease, agreement or contract.

(3)  No person shall make, print, or publish, or cause to be
made, printed or published any notice, statement, or
advertisement with respect to the sale or rental of property that
indicates any limitation or restriction as to individuals based
on sex, or because of physical handicap, or an intention to make
any such limitation or restriction; or

(4)  No person shall represent to any individual because of sex
or because of physical handicap that any property is not
available for inspection, sale or rental when such property is in
fact so available.

(5)  Nothing in this section shall apply to:

(a)  Discrimination on the basis of sex by the YMCA, YWCA and
similar type single sex dormitory rental properties and any other
rental properties where there are common rather than private
bathroom and sanitary facilities; or

(b)  A landlord who refuses to rent to an unmarried couple of
opposite sexes;

(c)  To the rental of a housing accommodation in a building which
contains housing accommodations for not more than four (4)
families living independently of each other if the owner or a
member of his family resides in one (1) of the housing
accommodations;

(d) To a rooming or boarding house containing not more than four
(4) rooms for rent or hire and which is within a building
occupied by the proprietor as his residence.



207.190. Prohibited discriminatory acts related to loans. - No
bank, building and loan association, insurance company or other
corporation, association, firm or enterprise whose business
consists in whole or in part in the making of commercial real
estate loans, shall deny a loan or -other financial assistance to
a handicapped individual applying therefor for the purpose of
purchasing, constructing, improving, repairing, or maintaining
property, or discriminate against him in the fixing of the
amount, interest rate, duration, or other terms or conditions of
such loan or other financial assistance because of such
individual's physical handicap when such handicap does not impair
his or her ability to fulfill the terms or  conditions of such
loan or other financial assistance.



207.200.  Enforcement by workplace standards department. -

(1) The Kentucky department of workplace standards is authorized
to enforce the employment provisions of KRS 207.130 to 207.240 in
conjunction with the state attorney general's office and the
state and local courts.

(2)  Any handicapped individual requesting the intervention of
the Kentucky department of workplace standards under this section
shall, within one hundred and eighty (180) days of the alleged
incident, submit with his request a signed, sworn statement
specifying and describing the handicap or handicaps which affect
him. This statement may be used by the commissioner of workplace
standards or his representative to determine if the individual
does, or does not, have a "physical handicap" as defined in KRS
207.130(2). If the commissioner of workplace standards or his
representative determines that the aggrieved individual does have
a handicap which falls under the definition in KRS 207.130(2),
the department of workplace standards shall provide a copy of the
aggrieved individual's signed statement to the employer for his
inspection.

(3)  In the event the employer wishes to challenge the validity
of the statement, he shall so notify the commissioner of
workplace standards, who shall in turn notify the aggrieved
individual. If the aggrieved individual wishes the department of
workplace standards to continue its involvement with the case, he
shall be required to submit to the commissioner of workplace
standards, within thirty (30) days of such notice, a signed,
sworn statement from a licensed physician of his choice, or from
one of the state or federal agencies serving the handicapped:

(a)  Specifying and describing the handicap or handicaps
affecting the individual; and

(b)  Indicating any specific type of employment for which such
handicap should be considered a bona fide or necessary reason for
limitation or exclusion.

(4)(a) The state agencies which may be consulted under subsection
(3) of this section may include, but are not limited to, the
following:

1.   Department of education, office of vocational rehabilitation
services;

2.   Cabinet for human resources, department for health services;

3.   Cabinet for human resources, division of disability
determination.

(b)  The commissioner of workplace standards, in conjunction with
the agencies designated in this subsection, is authorized to
adopt appropriate regulations governing the issuance and setting
the standards of determinations of ability or disability;

(c)  The agencies designated in this subsection, and any other
state agency which serves the handicapped and which the
commissioner of workplace standards deems proper, shall cooperate
to the fullest with the department of workplace standards in
issuing a statement of disability and limitations as specified in
subsection (3) of this section within twenty (20) days of the
date the handicapped individual presents himself before such
agency for examination.

(5)(a) For the purposes of KRS 207.130 to 207.240, the
commissioner of workplace standards, or his authorized
representative, shall have the power to enter the place of
employment of any employer, labor organization or employment
agency to inspect and copy employment records, to compare
character of work and operations on which persons employed by him
are engaged, to question such persons, and to obtain such other
information as is reasonably necessary to make a preliminary
determination that the aggrieved individual is, or is not, fully
capable of carrying out the duties of the job which he or she had
been denied;

(b)  In the event that a preliminary determination is made that
the aggrieved individual is not fully capable of carrying out the
duties of the job which he or she had been denied, the aggrieved
individual and the employer shall both be so advised;

(c)  The aggrieved individual, within ten (10) days of receiving
such notification, may file with the department of workplace
standards an application for reconsideration of the
determination. Upon such application, the commissioner of
workplace standards or his representative shall make a new
determination within ten (10) days whether the aggrieved
individual is, or is not, fully capable of carrying out the
duties of the job which he or she had been denied. If the
determination is again made that the aggrieved individual is not
fully capable of carrying out these duties, the aggrieved
individual and the employer shall both be so advised;

(d)  In the event that a preliminary determination has been made
that the aggrieved individual is fully capable of carrying out
the duties of the job which he or she had been denied, the
employer, labor organization or employment agency shall be so
advised and encouraged to make an immediate offer to the
aggrieved individual of the position which he or she had been
denied. In the event the position has already been filled, the
employer, labor organization or employment agency shall be
encouraged to make an offer to the aggrieved individual of the
next available position for which he or she is qualified.



207.210.  Administrative complaint procedure - Types of affirma
tive action. - (1) In the event the employer, labor organization
or employment agency continues to refuse employment to the
aggrieved individual, the aggrieved individual may file a formal
administrative complaint with the department of workplace
standards and, upon such filing, the commissioner of workplace
standards or his representative is authorized to examine
witnesses under oath, and to require by subpoena the attendance
and testimony of witnesses and the production of any documentary
evidence relating to the subject matter of the investigation. In
the event of the failure of any person to attend, testify, or
produce documents under or in response to a subpoena, the circuit
court in the judicial district where the hearing is being held,
on application of the commissioner or his representative, may
issue an order requiring said person to appear before the commis
sioner or his authorized representative, or to produce
documentary evidence, and any failure to obey such order of the
court may be punished by the court as a contempt thereof.

(2)  If the department of workplace standards determines that the
employer, labor organization or employment agency has not engaged
in an unfair employment practice, it shall state its findings of
fact and conclusions of law and shall issue an order dismissing
the complaint. A copy of the order shall be delivered to the
complainant, the employer, labor organization or employment
agency and such other public officers and persons as the
department of workplace standards deems proper.

(3)  If the department of workplace standards determines that the
employer, labor organization or employment agency has engaged in
an unfair employment practice, the department shall state its
findings of fact and conclusions of law and shall issue an order
requiring the employer, labor organization or employment agency
to cease and desist from the unlawful practice and to take such
affirmative action as in the judgment of the department will
carry out the purposes of KRS 207.130 to 207.240. A copy of the
order shall be delivered to the employer, the labor organization
or employment agency, the complainant, and to such other public
officers and persons as the department of workplace standards
deems proper.

(4)  Affirmative action ordered under this section may include,
but is not limited to:

(a)  Hiring, reinstatement, or upgrading of employees with or
without back pay. Interim earnings or amounts earnable with
reasonable diligence by the aggrieved individual shall operate to
reduce the back pay otherwise allowable;

(b)  Admission or restoration of the aggrieved individual to
union membership, admission to or participation in a guidance
program, apprenticeship training program, on-the-job training
program, or other occupational training or retraining program,
and the utilization of objective criteria in the admission of
individuals to such programs;

(c)  The extension to all individuals of the full and equal
enjoyment of the advantages, facilities, privileges and services
of the employer;

(d)  Reporting as to the manner of compliance;

(e)  Posting notices in conspicuous places in the employer's
place of business in form prescribed by the department of
workplace standards.



207.220.  Cities and counties may adopt antidiscrimination
measures. - Cities and counties may adopt and enforce, or
authorize commissions or agencies to enforce ordinances, orders
and resolutions prohibiting unfair treatment of individuals on
the basis of physical handicap, and may prescribe penalties for
violation thereof, such penalties being in addition to those
herein authorized.



207.230. Citizen suits. - Notwithstanding the provisions of KRS
207.200 and 207.210, citizen suits may be commenced under the
following terms and conditions:

(1)  Any person deeming himself injured by any act in violation
of the provisions of this chapter shall have a civil cause of
action in circuit court to enjoin further violations, and to
recover the actual damages sustained by him, and upon judicial
finding of any violation of KRS 207.150 to 207.190, shall recover
the costs of the law suit, including a reasonable fee for his
attorney of record, all of which shall be in addition to any
other remedies contained in KRS 207.130 to 207.240.

(2)  Notice. No action may be commenced:

(a)  Prior to thirty (30) days after the plaintiff has given
notice of the violation to the commissioner of workplace
standards.

(b)  If the commissioner of workplace standards has commenced and
is diligently prosecuting a civil action to require compliance
with KRS 207.130 to 207.240; however, the aforementioned
conditions do not prohibit citizen-initiated civil enforcement
action contemporaneously with criminal enforcement efforts by the
state.

(c)  In any civil action under this section, the commissioner of
workplace standards [labor], under the direction of the secretary
of the labor cabinet, if not a party, may intervene only with
consent of the person bringing the action. If the administrator
is allowed to intervene, he may not alter the cause of action,
delay the proceedings, or make any decisions, settlement
agreements, or agree to any consent orders or enforcement
proceeding without the informed consent of the person initiating
the citizens enforcement action.



207.240. Title. - KRS 207.130 to 207.230 shall be known and may
be cited as the "1976 Equal Opportunities Act."



207.250.  Disclosure of HIV information in real estate
transaction prohibited. - (1) The fact that an occupant of real
property is infected or has been infected with human
immunodeficiency virus or diagnosed with acquired
immunodeficiency syndrome is not a material fact that shall be
disclosed in a real estate transaction.

(2)  No cause of action shall arise against an owner of real
property or his agent, or any agent of a transferee of real
property for the failure to disclose to the transferee that an
occupant of that property was infected with human
immunodeficiency virus or diagnosed with acquired
immunodeficiency syndrome.



207.260.  Right of action - Recovery for each violation. - (1)
Any person aggrieved by a violation of KRS 207.135, 207.150,
207.160, or 304.12-013 shall have a right of action in District
Court and may recover for each violation:

(a)  Against any person who violates a provision of this section,
liquidated damages of one thousand dollars ($1,000) or actual
damages, whichever is greater.

(b)  Against any person who intentionally or recklessly violates
a provision of this section, liquidated damages of five thousand
dollars ($5,000) or actual damages, whichever is greater.

(c)  Reasonable attorney's fees.

(d)  Such other relief, including an injunction, as the court
shall deem appropriate.

(2)  Nothing in this section limits the right of the person
aggrieved by a violation of this section to recover damages or
other relief under any other applicable law.



214.181.  Legislative findings - General consent to testing for
HIV - Emergency procedures - Disclosures of test results -
Voluntary testing program in each county. - (1) The General
Assembly finds that the use of tests designed to reveal a
condition indicative of human immunodeficiency virus (HIV)
infection can be a valuable tool in protecting the public health.
The General Assembly finds that despite current scientific
knowledge that zidovudine (AZT) prolongs the lives of acquired
immunodeficiency syndrome victims, and may also be effective when
introduced in the early stages of human immunodeficiency virus
infection, many members of the public are deterred from seeking
testing because they misunderstand the nature of the test or fear
that test results will be disclosed without their consent. The
General Assembly finds that the public health will be served by
facilitating informed, voluntary, and confidential use of tests
designed to detect human immunodeficiency virus infection.

(2)  A person who has signed a general consent form for the
performance of medical procedures and tests is not required to
also sign or be presented with a specific consent form relating
to medical procedures or tests to determine human
immunodeficiency virus infection, antibodies to human immu
nodeficiency virus, or infection with any other causative agent
of acquired immunodeficiency syndrome that will be performed on
the person during  the time in which the general consent form is
in effect. However, a general consent form shall instruct the
patient that, as part of the medical procedures or tests, the
patient may be tested for human immunodeficiency virus infection,
hepatitis, or any other blood-borne infectious disease if a
doctor orders the test for diagnostic purposes. Except as
otherwise provided in subsection (5)(c) of this section, the
results of a test or procedure to determine human
immunodeficiency virus infection, antibodies to human immu
nodeficiency virus, or infection with any probable causative
agent of acquired immunodeficiency syndrome performed under the
authorization of a general consent form shall be used only for
diagnostic or other purposes directly related to medical
treatment.

(3)  In any emergency situation where informed consent of the
patient cannot reasonably be obtained before providing health
care services, there is no requirement that a health care
provider obtain a previous informed consent.

(4)  The physician who orders the test pursuant to subsections
(1) and (2) of this section, or the attending physician, shall be
responsible for informing the patient of the results of the test
if the test results are positive for human immunodeficiency virus
infection. If the tests are positive, the physician shall also be
responsible for either:

(a)  Providing information and counseling to the patient
concerning his infection or diagnosis and the known medical
implications of such status or condition; or

(b)  Referring the patient to another appropriate professional or
health care facility for the information and counseling.

(5)(a) No person in this state shall perform a test designed to
identify the human immunodeficiency virus, or its antigen or
antibody, without first obtaining the informed consent of the
person upon whom the test is being performed, except as specified
in subsections (2) and (3) of this section.

(b)  No test result shall be determined as positive, and no
positive test result shall be revealed to any person, without
corroborating or confirmatory tests being conducted.

(c)  No person, who has obtained or has knowledge of a test
result pursuant to this section, shall disclose or be compelled
to disclose the identity of any person upon whom a test is
performed, or the results of the test in a manner which permits
identification of the subject of the test, except to the
following persons:

1.   The subject of the test or the subject's legally authorized
representative;

2.   Any person designated in a legally effective release of the
test results executed prior to or after the test by the subject
of the test or the subject's legally authorized representative;

3.   A physician, nurse, or other health care personnel who has a
legitimate need to know the test result in order to provide for
his protection and to provide for the patient's health and
welfare;

4.   Health care providers consulting between themselves or with
health care facilities to determine diagnosis and treatment;

5.   The cabinet, in accordance with rules for reporting and
controlling the spread of disease, as otherwise provided by state
law;

6.   A health facility or health care provider which procures,
processes, distributes, or uses:

a.   A human body part from a deceased person, with respect to
medical information regarding that person; or

b.   Semen provided prior to the effective date of this section
for the purpose of artificial insemination;

7.   Health facility staff committees, for the purposes of
conducting pro-gram monitoring, program evaluation, or service
reviews;

8.   Authorized medical or epidemiological researchers who shall
not further disclose any identifying characteristics or
information;

9.   A person allowed access by a court order which is issued in
compliance with the following provisions:

a.   No court of this state shall issue an order to permit access
to a test for human immunodeficiency virus performed in a medical
or public health setting to any person not authorized by this
section or by KRS 214.420. A court may order an individual to be
tested for human immunodeficiency virus only if the person
seeking the test results has demonstrated a compelling need for
the test results which cannot be accommodated by other means. In
assessing compelling need, the court shall weigh the need for
testing and disclosure against the privacy interest of the test
subject and the public interest which may be disserved by
disclosure which deters blood, organ, and semen donation and
future human immunodeficiency virus-related testing or which may
lead to discrimination. This paragraph shall not apply to blood
bank donor records;

b.   Pleadings pertaining to disclosure of test results shall
substitute a pseudonym for the true name of the subject of the
test. The disclosure to the parties of the subject's true name
shall be communicated confidentially, in documents not filed with
the court;

c.   Before granting any order, the court shall provide the
individual whose test result is in question with notice and a
reasonable opportunity to participate in the proceedings if he is
not already a party;

d.   Court proceedings as to disclosure of test results shall be
conducted in camera, unless the subject of the test agrees to a
hearing in open court or unless the court determines that a
public hearing is necessary to the public interest and the proper
administration of justice;

e.   Upon the issuance of an order to disclose test results, the
court shall impose appropriate safeguards against unauthorized
disclosure, which shall specify the persons who may have access
to the information, the purposes for which the information shall
be used, and appropriate prohibitions on future disclosure.

No person to whom the results of a test have been disclosed shall
disclose the test results to another person except as authorized
by this subsection. When disclosure is made pursuant to this
subsection, it shall be accompanied by a statement in writing
which includes the following or substantially similar language:
"This information has been disclosed to you from records whose
confidentiality is protected by state law. State law prohibits
you from making any further disclosure of such information
without the specific written consent of the person to whom such
information pertains, or as otherwise permitted by state law. A
general authorization for the release of medical or other
information is NOT sufficient for this purpose. An oral
disclosure shall be accompanied by oral notice and followed by a
written notice within ten (10) days.

(6)(a) The Cabinet for Human Resources shall establish a network
of voluntary human immunodeficiency virus testing programs in
every county in the state. These programs shall be conducted in
each public health department established under the provisions of
KRS Chapter 211. Additional programs may be contracted to other
private providers to the extent that finances permit and local
circumstances dictate;

(b)  Each public health department shall have the ability to
provide counseling and testing for the human immunodeficiency
virus to each patient who receives services and shall offer the
testing on a voluntary basis to each patient who requests the
test;

(c)  Each public health department shall provide a program of
counseling and testing for human immunodeficiency virus
infection, on an anonymous or confidential basis, dependent on
the patient's desire. The cabinet shall continue to provide for
anonymous testing and counseling;

(d)  The result of a serologic test conducted under the auspices
of the -cabinet shall not be used to determine if a person may be
insured for disability, health, or life insurance or to screen or
determine suitability for, or to discharge a person from,
employment. Any person who violates the provisions of this
subsection shall be guilty of a Class A misdemeanor.

(7)  No public health department and no other private or public
facility established for the primary purpose of conducting a
testing program for acquired immunodeficiency syndrome, acquired
immunodeficiency syndrome related complex, or human
immunodeficiency virus status without first registering with the
cabinet, complying with all other applicable pro-visions of state
law, and meeting the following requirements:

(a)  The program shall be directed by a person who has completed
an educational course approved by the cabinet in the counseling
of persons with acquired immunodeficiency syndrome, acquired
immunodeficiency syndrome related complex, or human
immunodeficiency virus infection;

(b)  The program shall have all medical care supervised by a
physician licensed under the provisions of KRS Chapter 311;

(c)  The program shall have all laboratory procedures performed
in a laboratory licensed under the provisions of KRS Chapter 333;

(d)  Informed consent shall be required prior to testing.
Informed consent shall be preceded by an explanation of the test,
including its purpose, potential uses, and limitations and the
meaning of its results;

(e)  The program, unless it is a blood donor center, shall
provide pretest counseling on the meaning of a test for human
immunodeficiency virus, including medical indications for the
test; the possibility of false positive or false negative
results; the potential need for confirmatory testing; the po
tential social, medical, and economic consequences of a positive
test result; and the need to eliminate high-risk behavior;

(f)  The program shall provide supplemental corroborative testing
on all positive test results before the results of any positive
test is provided to the patient;

(g)  The program shall provide post-test counseling, in person,
on the meaning of the test results; the possible need for
additional testing; the social medical, and economic consequences
of a positive test result; and the need to eliminate behavior
which might spread the disease to others;

(h)  Each person providing post-test counseling to a patient with
a positive test result shall receive specialized training, to be
specified by regulation of the cabinet, about the special needs
of persons with positive results, including recognition of
possible suicidal behavior, and shall refer the patient for
further health and social services as appropriate;

(i)  When services are provided for a charge during pretest
counseling, testing, supplemental testing, and post-test
counseling, the program shall provide a complete list of all
charges to the patient and the cabinet;

(j)  Nothing in this subsection shall be construed to require a
facility licensed under KRS Chapter 333 or a person licensed
under the provisions of KRS Chapters 311, 312 or 313 to register
with the cabinet if he does not advertise or hold himself out to
the public as conducting testing programs for human
immunodeficiency virus infection or specializing in such testing.

(8)  Any violation of this section by a licensed health care
provider shall be a ground for disciplinary action contained in
the professional's respective licensing chapter.

(9)  Except as provided in subsection (6)(d) of this section,
insurers and others participating in activities related to the
insurance application and underwriting process shall be exempt
from this section.

(10) The cabinet shall develop a program standards consistent
with the provisions of this section for counseling and testing
persons for the human -immunodeficiency virus.



KENTUCKY SEXUALLY TRANSMITTED DISEASE CONTROL CONFIDENTIALITY ACT
OF 1986

214.400.  Short title. - KRS 214.410, 214.420 and 214.990(6) may
be cited as the "Kentucky Sexually Transmitted Disease Control
Confidentiality Act of 1986."



214.410.  Definitions. - (1) "Cabinet" means the Cabinet for
Human Resources; and

(2)  "Sexually transmitted disease" means syphilis, gonorrhea,
chancroid, granuloma inguinale, genital herpes, non-gonococcal
urethritis, mucopurulent cervicitis, acquired immunodeficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
chlamydia trachomatis infections and any other sexually
transmitted disease designated by the cabinet under the
provisions of KRS Chapter 13A.



214.420.  Records declared confidential - Application. - (1) The
general assembly hereby declares that confidentiality is
essential for the proper administration and operation of sexually
transmitted disease control activities in this state and that the
principle of confidentiality must remain inviolate.

(2)  All information, records and reports in the possession of
local health departments or the cabinet for human resources and
which concern persons infected with or suspected of being
infected with or tested for or identified in an epidemiologic
investigation for sexually transmitted disease are hereby
declared to be strictly confidential and only personnel of local
-health departments and the cabinet for human resources who are
assigned to sexually transmitted disease control activities shall
have access to such information, records and reports.

(3)  Nothing in this section shall be construed as preventing:

(a)  The release of medical information to the physician retained
by the person infected with or suspected of being infected with a
sexually transmitted disease;

(b)  The release of medical or epidemiological data or
information for statistical purposes in a manner so that no
individual person can be identified;

{c)  The release of medical information with the written consent
of all persons identified in the information to be released;

(d)  The release of medical or epidemiological information
necessary to enforce the provision of the rules and regulations
of the cabinet for human resources, issued pursuant to KRS
Chapter 13A, relating to the control and treatment of sexually
transmitted disease; and

(e)  The release of medical information made to medical personnel
in a medical emergency to the extent necessary to protect the
health or life of the named party.



BLOOD SUPPLY SCREENING

214.450.  Definitions. - As used in KRS 214.452 to 214.466,
unless the context otherwise requires:

(1)  "Blood" means any blood, blood product, blood component, or
blood derivative including plasma.

(2)  "Blood establishment" means a place of business under one
(1) management at one (1) general physical location which engages
in the collection, preparation, processing, labeling, packaging,
and dispensing of blood or blood products to any health care
facility, health service, or health care provider.

(3)  "Communicable disease" means only a communicable disease
which may be transmitted by blood and as set forth in any
administrative regulation issued under KRS 214.460 and pursuant
to KRS Chapter 13A.

(4)  "Health facility" means any health facility set forth under
KRS 216B.015(11) which provides for the transfusion of blood into
a living human body.

(5)  "Health care provider" means any licensed dentist,
physician, osteopath, registered nurse, practical nurse,
certified paramedic, certified emergency medical technician, or
physician assistant.

(6)  "Health service" means any health service as set forth under
KRS 216B.015(12) and which provides for the transfusion of blood
into a living human body.

(7)  "Sexually transmitted disease" means only a blood borne
sexually transmitted disease as provided under KRS 214.410(2) and
as set forth in any administrative regulation issued under KRS
214.460 and pursuant to KRS

(8)  "Donor" means either a paid or volunteer donor of blood.



214.452.  Blood establishments to be federally licensed - Donor
conditions - Forms - Sign posting. - (1) All blood establishments
within the Commonwealth shall be licensed by the U.S. food and
drug administration and remain in compliance with all applicable
federal regulations. All blood establishments shall test blood
for infection with the human immunodeficiency virus (HIV) or any
known causative agent of acquired immune deficiency syndrome
(AIDS), any blood borne communicable disease, and any blood borne
sexually transmitted disease in accordance with such tests as are
approved and required by the U.S. food and drug administration.

(2)  It shall he the duty of the administrator of any blood
establishment which collects blood for the purpose of
distributing to another health service, health facility or health
care provider such blood for transfusion into a human person to:

(a)  Secure a signed written risk factor history and donor
consent form for each potential paid or volunteer donor for the
purpose of determining if such potential donor is at high risk
for infection with the human immune deficiency virus, or has
tested confirmatory positive for infection with the human
immunodeficiency virus; or has acquired immune deficiency syn
drome; or has tested confirmatory positive for infection with any
causative agent for acquired immune deficiency syndrome
recognized by the U.S. centers for disease control; or has a
blood borne communicable disease; or has a blood borne sexually
transmitted disease;

(b)  Provide a means for a potential paid or volunteer donor to
self-elect not to donate blood;

(c)  Refuse donation or sale of blood by persons at high risk for
infection with the human immunodeficiency virus, or who have been
medically diagnosed as having acquired immune deficiency
syndrome, or who have tested confirmatory positive for infection
with the human immunodeficiency virus, or who have a blood borne
communicable disease, or who have a blood borne sexually
transmitted disease;

(d)  Post a sign in the blood establishment which is visible to
all potential paid or voluntary blood donors and which states:
"Persons with acquired immune deficiency syndrome (AIDS), or who
have tested confirmatory positive for infection with the human
immunodeficiency virus (HIV), or who have a blood borne
communicable disease or sexually transmitted disease or who have
been exposed to one (1) or more risk factors determined by the
U.S. centers for disease control to place such person at high
risk for infection with the HIV virus or any AIDS-causative
agent, are prohibited under Kentucky Revised Statutes from
donating or selling blood. Persons violating the law are guilty
of a Class D felony. ASK STAFF OF THIS BLOOD ESTABLISHMENT."

(3)  The provisions of this section shall not be construed to
impose requirements inconsistent with donor consent requirements
set out in U.S. food and drug administration or American
Association of Blood Banks standards.



214.454.  Donations - Conditions. - (1) No donor or potential
donor of blood shall donate blood if the person is at high risk
for infection with the HIV virus, or has AIDS or has tested
confirmatory positive for antibodies to the HIV virus or any
causative agent of AIDS.

(2)  No donor or potential donor of blood shall give false
information to the staff of a blood establishment about such
person's diagnosis as having AIDS or risk for infection or actual
infection with the human immunodeficiency virus, or having any
known causative agent of AIDS, or having a blood borne sexually
transmitted disease, or having a blood borne communicable
disease.



214.456.  Autologous or directed donations - Charges - Condi
tions. - (1) Any person who wishes to direct a donation of his
blood to himself or to a particular individual may and shall be
permitted to do so. The charge for any directed donation of blood
or autologous blood donation shall not exceed more than twenty
percent (20%) of the charge for a regular unit of blood.

(2) Any person who wishes to direct a donation of his blood to a
particular individual may do so provided the requirements of KRS
214.454 are met provided the recipient and the recipient's
attending physician have requested the donation.

(3)  The directed donation may be used for someone other than or
in addition to the designated recipient if the donor's blood is
not compatible with that of the designated recipient or if any
part of the donation is not needed by the designated recipient.

(4)  Any blood establishment which collects blood donations shall
advise prospective donors of the provisions of this section and
of KRS 214.452 to 214.466.



214.458.  Blood for transfusion - Collection - Labeling - De
struction - Data retention. - (1) No blood shall be transfused
into a living human person by a health care provider, or within a
health facility or a health service unless the blood
establishment from which the blood is received is licensed by the
U.S. food and drug administration.

(2)  Each unit of blood collected by a blood establishment for
transfusion into a living human person shall be affixed with the
U.S. food and drug administration required label which includes a
donor identification number through which the following
information can be obtained:

(a)  Date the blood was collected;

(b)  Name of blood establishment;

(c)  Nonidentifying code representing the name of the blood
donor;

(d)  A blood establishment serial number for the blood;

(e)  The date of laboratory testing of the blood;

(f)  The name of the person and laboratory testing the blood;

(g)  The laboratory test results.

(3)  Each unit of blood received by a blood establishment or
health facility within the Commonwealth from an out-of-state
blood establishment shall contain a label in accordance with the
provisions of subsection (2) of this section and said blood
establishment or health facility shall either test such blood in
accordance with the requirements for blood establishments within
the Commonwealth under the provisions of subsection (2) of KRS
214.452 or may accept documented evidence of such test results as
are required under subsection (2) of this section for blood
collected within the Commonwealth.

(4)  Each laboratory testing such blood shall maintain for ten
(10) years from the date of testing and each blood establishment
shall maintain for  ten (10) years from the date of collection a
list containing the information set forth in subsection (2) of
this section.

(5)  No blood may be transfused into any patient in any health
facility or health service or by any health care provider unless
such unit of blood has affixed to it the label as required under
this section and the blood has tested negative for the human
immunodeficiency virus or any causative agent of AIDS, or any
blood borne sexually transmitted disease or communicable disease
as provided under KRS 214.460. When a unit of blood is transfused
into any patient, a label containing the donor identification
number required under this section shall be removed from the unit
and affixed to the patient's medical chart; provided, however,
this section shall not apply to frozen blood products or blood
derivatives except that for frozen blood products and blood
derivatives, the donor identification number required under this
section shall be recorded in the patient's medical chart.

(6)  Any unit of blood not containing the label required under
this section shall be destroyed by the health facility, health
service or health care provider.

(7)  Any unit of blood testing confirmatory positive for
infection with the HIV virus or any known causative agent of AIDS
and in the possession of a health facility, health service or
health care provider may be donated to educational and scientific
research institutions for the purpose of scientific research only
and not for transfusion.



214.460.  Identification of reportable communicable or sexually
transmitted diseases in administrative regulations. - The
secretary of the cabinet for human resources shall set forth in
administrative regulation subject to the provisions of KRS
Chapter 13A those reportable communicable diseases or sexually
transmitted diseases which may be transmitted through blood.



214.462.  Donor consent and risk factor history forms, standard
ization. - The secretary of the cabinet for human resources shall
develop and issue a standardized blood donor consent form and a
standardized risk factor history form for mandatory use by any
blood establishment which collects blood for the purpose of
distributing such blood for human transfusion. The standardized
blood donor consent form shall meet standards for suitability of
donors as set forth in KRS 214.452 to 214.466 and by the U.S.
food and drug administration.



214.464.  Transfusion of untested blood - Conditions - Patient
notification. - (1) Untested blood may be transfused only in an
emergency situation in which the attending physician determines a
patient is in imminent danger of death or great bodily harm and
no tested and labeled blood as set forth under KRS 214.458 is
readily available to suitably alleviate the emergency situation;
provided, however, that the attending physician shall, for any
patient in such situation whose condition renders him incapable
of giving consent, seek from the next of kin of the patient, if
available, prior informed consent to transfuse any blood. For
purposes of this section, "next of kin" means, in the following
order, the husband or wife of the patient; if there is none, then
the mother or father of the patient; if there is none, then any
child of the patient; if there is none, then any brother or
sister of the patient.

(2)  Blood establishments may release untested blood, collected
under standards set forth in KRS 214.452, at the request of a
physician or health facility or health service in emergency
circumstances as provided under this section. If blood has not
been tested, the test shall be performed after issuance of the
blood. If the blood subsequently tests confirmatory positive, the
patient's attending physician shall be immediately notified. The
at--tending physician shall notify the patient of the test
results.



214.466.  Health care provider and facility civil liability exemp
tion. - No health facility or physician or health care provider
transfusing untested blood into a patient during an emergency
situation if the blood is required to save the life of the
patient shall be liable in civil damages or criminally, provided
the provisions of KRS 214.464 are met.



ACQUIRED IMMUNODEFICIENCY SYNDROME

214.600.  Legislative findings. - The General Assembly finds that
acquired immunodeficiency syndrome, otherwise known as AIDS,
constitutes a serious and unique danger to the public health and
welfare. The General Assembly finds that acquired
immunodeficiency syndrome is transmitted by sexual activity, by
intravenous drug use, or from an infected mother to a fetus and
that public fear of contagion from casual contact is not
supported by any scientific evidence. The General Assembly finds
that acquired immunodeficiency syndrome is transmitted by a
retrovirus which makes the possibility of development of an
immunization or cure highly unlikely in the near future. The
General Assembly finds that, once infected, there is a high
probability that an individual will develop acquired
immunodeficiency syndrome or a related syndrome and die a
premature death as a result, but may live productively for years
in a communicable state without showing any signs or symptoms of
illness. The General Assembly finds the unique methods of
transmission of this disease, and its inevitably fatal course,
have raised public fears; changed the attitudes of employers,
insurers, educators, law enforcement personnel, and health and
medical providers about dealing with the disease; and could
unexpectedly raise the medical costs of this state. The General
Assembly intends to establish programs and requirements related
to acquired immunodeficiency syndrome which carefully balance
medical necessity, the right to privacy, and protection of the
public from harm and which establish public programs for the care
and treatment of persons with acquired immunodeficiency syndrome
and related conditions.



214.605.  Public education program. - (1) The Cabinet for Human
Resources shall establish a program to educate the public about
the threat of acquired immunodeficiency syndrome.

(2) The acquired immunodeficiency syndrome education program
shall:

(a)  Be designed to reach all segments of the Commonwealth's
population;

(b)  Contain special components designed to reach minority groups
within the state;

(c)  Impart knowledge to the public about methods of transmission
of acquired immunodeficiency syndrome and methods of prevention;

(d)  Educate the public about transmission risks in social,
employment, and educational situations;

(e)  Educate health care workers and health facilities' employees
about methods of transmission and prevention in their unique
workplace environments;

(f)  Contain special components designed to reach persons who may
frequently engage in behaviors placing them at a high risk for
acquiring acquired immunodeficiency syndrome;

(g)  Provide information and consultation to state agencies to
educate all state employees;

(h)  Provide information and consultation to state and local
agencies to educate law enforcement and correctional personnel
and inmates;

(i) Provide information and consultation to local governments to
educate local government employees;

(j)  Make information available to private employers and
encourage them to distribute this information to their employees;
and

(k)  Contain special components which emphasize appropriate
behavior and attitude change.

(3)  The program designed by the Cabinet for Human Resources
shall utilize all appropriate forms of the media and shall
identify sources of educational materials that can be used by
businesses, schools, and health care providers in the regular
course of their business.

(4)  The department may contract with other persons in the
design, development, and distribution of the components of the
education program.



214.610.  Educational course to be completed by health care
workers and social workers. - (1) The Cabinet for Human Resources
shall approve appropriate educational courses on the
transmission, control, treatment and prevention of the human
immunodeficiency virus and acquired immunodeficiency syndrome
with an emphasis on appropriate behavior and attitude change to
be completed as specified in the respective chapters by each
person licensed or certified under KRS Chapters 311,312, 313,
314, 315, 320, 327, 333, 335 and emergency medical technicians li
censed pursuant to KRS Chapter 211.

(2)  Each licensee or certificate holder shall submit
confirmation on a form provided by the cabinet of having
completed the course by July 1, 1991, except person's licensed
under KRS Chapters 314 and 327 for whom the completion date shall
be July 1, 1992.



214.615.  Required educational course on transmission, control,
treatment, and prevention of AIDS. - (1) As of July 1, 1991, the
cabinet shall require as a condition of granting a license under
the chapters specified in KRS 311.450, 311.601, 312.175, 313.080,
313.305, 314.073, 315.065, 320.280, 327.050, 333.190, and 335.150
that an applicant making initial application for licensure
complete an educational course approved by the cabinet on the
transmission, control, treatment and prevention of the human
immunodeficiency virus and acquired immunodeficiency syndrome. An
applicant who has not taken a course at the time of licensure
shall upon an affidavit showing good cause be allowed six (6)
months to complete this requirement.

(2)  The cabinet shall have the authority to adopt regulations to
carry out the provisions of this section.

(3)  The cabinet shall report to the General Assembly by March 1
of each year, as to the implementation and compliance with the
requirements of this section.



214.620.  Planning for implementation of professional education
requirement - Information and education requirements for certain
groups. - (1) The boards of the professions in KRS 311.450,
311.601, 312.175, 313.080, 313.305, 314.073, 315.065, 320.280,
327.050, 333.190, 335.150, 311.571, 312.085, 313.040, 313.290,
314.041, 314.042, 314.051, 315.050, 320.250, 327.050, 333.100,
335.080, 335.090, and 335.100 and the Cabinet for Human Resources
shall begin planning for the implementation of those sections
listed above which require, as a part of initial licensure,
applicants for certain specified professions to complete an
educational course on the transmission, control, treatment, and
prevention of human immunodeficiency virus and acquired
immunodeficiency syndrome. The  planning shall include collecting
information from the facilities and programs which educate and
train the licensed professionals affected by the licensure
requirements of those sections listed above and shall also
include developing administrative regulations for the
implementation of the licensure requirements.

(2)  The Cabinet for Human Resources shall develop instructional
material on the human immunodeficiency virus, including
information related -to methods of transmission, education, and
infection control. The materials developed under this section
shall be provided to persons licensed under KRS Chapters 317 and
317A. Costs of production and distribution of the  instructional
materials shall be wholly assumed from the fees assessed by the
licensing boards which regulate the professionals who are
provided with educational materials under this section. To
expeditiously and economically develop, produce, and distribute
the instructional material required under this section, the
Cabinet for Human Resources shall consult with the professional
associations of professions to determine whether suitable
instructional materials already exist that may be lawfully
reproduced or reprinted.

(3)  The Cabinet for Human Resources shall require that, by July
1, 1992, all employees of health facilities defined in KRS
216B.015 shall have completed an educational course on the
transmission, control, treatment and prevention of the human
immunodeficiency virus and acquired immunodeficiency syndrome
with an emphasis on appropriate behavior and attitude change
except for those employees who shall have completed such a course
as required for their professional licensure or upon evidence
that the employee received such a course from another health
facility where the employee was previously employed.

(4)  Information on the human immunodeficiency virus infection
shall be presented to any person who receives treatment at any
hospital, however named, skilled nursing facilities, primary care
centers, rural health clinics, outpatient clinics, ambulatory
care facilities, ambulatory surgical centers, and emergency care
centers licensed pursuant to KRS Chapter 216B. The information
shall include, but not be limited to, methods of transmission and
prevention and appropriate behavior and attitude change.



214.625.  Legislative findings - Consent for medical procedures
and tests including HIV infection - Physician's responsibility -
Confidentiality of results - Exceptions - Disclosure - Network of
voluntary HIV testing programs. - (1) The General Assembly finds
that the use of tests designed to reveal a condition indicative
of human immunodeficiency virus (HIV) infection can be a valuable
tool in protecting the public health. The General Assembly finds
that despite current scientific knowledge that zidovudine (AZT)
prolongs the lives of acquired immunodeficiency syndrome victims,
and may also be effective when introduced in the early stages of
human immunodeficiency virus infection, many members of the
public are deterred from seeking testing because they
misunderstand the nature of the test or fear that test results
will be disclosed without their consent. The General Assembly
finds that the public health will be served by facilitating
informed, voluntary, and confidential use of tests designed to
detect human immunodeficiency virus infection.

(2) A person who has signed a general consent form for the
performance of medical procedures and tests, is not required to
also sign or be presented with a specific consent form relating
to medical procedures or tests to determine human
immunodeficiency virus infection, antibodies to human
immunodeficiency virus, or infection with any other causative
agent of acquired immunodeficiency syndrome that will be
performed on the person during the time in which the general
consent form is in effect. However, a general consent form shall
instruct the patient that as part of the medical procedures or
tests, the patient may be tested for human immunodeficiency virus
infection, hepatitis, or any other blood-borne infectious disease
if a doctor orders the test for diagnostic purposes. Except as
otherwise provided in subsection (5)(c) of this section, the
results of a test or procedure to determine human
immunodeficiency virus infection, antibodies to human
immunodeficiency virus, or infection with any probable causative
agent of acquired immunodeficiency syndrome performed under the
authorization of a general consent form shall be used only for
diagnostic or other purposes directly related to medical
treatment.

(3)  In any emergency situation where informed consent of the
patient cannot reasonably be obtained before providing health
care services, there is no requirement that a health care
provider obtain a previous informed consent.

(4)  The physician who orders the test pursuant to subsections
(1) and (2) of this section, or the attending physician, shall be
responsible for informing the patient of the results of the test
if the test results are positive for human immunodeficiency virus
infection. If the tests are positive, the physician shall also be
responsible for either:

(a)  Providing information and counseling to the patient
concerning his infection or diagnosis and the known medical
implications of such status or condition; or

(b)  Referring the patient to another appropriate professional or
health care facility for the information and counseling.

(5)(a) No person in this state shall perform a test designed to
identify the human immunodeficiency virus, or its antigen or
antibody, without first obtaining the informed consent of the
person upon whom the test is being performed, except as specified
in subsections (2) and (3) of this section.

(b)  No test result shall be determined as positive, and no
positive test

result shall be revealed to any person, without corroborating or
confirmatory tests being conducted.

(c)  No person, who has obtained or has knowledge of a test
result pursuant to this section, shall disclose or be compelled
to disclose the identity of any person upon whom a test is
performed, or the results of the test in a manner which permits
identification of the subject of the test, except to the
following persons:

1.   The subject of the test or the subject's legally authorized
representative;

2.   Any person designated in a legally effective release of the
test results executed prior to or after the test by the subject
of the test or the subject's legally authorized representative;

3.   A physician, nurse, or other health care personnel who has a
legitimate need to know the test result in order to provide for
his protection and to provide for the patient's health and
welfare;

4.   Health care providers consulting between themselves or with
health care facilities to determine diagnosis and treatment.

5.   The cabinet, in accordance with rules for reporting and
controlling the spread of disease, as otherwise provided by state
law;

6.   A health facility or health care provider which procures,
processes, distributes, or uses:

a.   A human body part from a deceased person, with respect to
medical information regarding that person; or

b.   Semen provided prior to the effective date of this section
for the purpose of artificial insemination;

7.   Health facility staff committees, for the purposes of
conducting program monitoring, program evaluation, or service
reviews;

8.   Authorized medical or epidemiological researchers who shall
not further disclose any identifying characteristics or
information;

9.   A person allowed access by a court order which is issued in
compliance with the following provisions:

a.   No court of this state shall issue an order to permit access
to a test for human immunodeficiency virus performed in a medical
or public health setting to any person not authorized by this
section or by KRS 214.420. A court may order an individual to be
tested for human immunodeficiency virus only if the person
seeking the test results has demonstrated a compelling need for
the test results which cannot be accommodated by other means. In
assessing compelling need, the court shall weigh the need for
testing and disclosure against the privacy interest of the test
subject and the public interest which may be disserved by
disclosure which deters blood, organ, and semen donation and
future human immunodeficiency virus-related testing or which may
lead to discrimination. This paragraph shall not apply to blood
bank donor records;

b.   Pleadings pertaining to disclosure of test results shall
substitute a pseudonym for the true name of the subject of the
test. The disclosure to the parties of the subject's true name
shall be communicated confidentially, in -documents not filed
with the court;

c.   Before granting any order, the court shall provide the
individual whose test result is in question with notice and a
reasonable opportunity to participate in the proceedings if he is
not already a party;

d.   Court proceedings as to disclosure of test results shall be
conducted in -camera, unless the subject of the test agrees to a
hearing in open court or unless the court determines that a
public hearing is necessary to the public interest and the proper
administration of justice;

e.   Upon the issuance of an order to disclose test results, the
court shall impose appropriate safeguards against unauthorized
disclosure, which shall specify the persons who may have access
to the information, the purposes for which the information shall
be used, and appropriate prohibitions on future disclosure.

No person to whom the results of a test have been disclosed shall
disclose the test results to another person except as authorized
by this subsection. When disclosure is made pursuant to this
subsection, it shall be accompanied by a statement in writing
which includes the following or substantially similar language:
"This information has been disclosed to you from records whose
confidentiality is protected by state law. State law prohibits
you from making any further disclosure of such information
without the specific written consent of the person to whom such
information pertains, or as otherwise permitted by state law. A
general authorization for the release of medical or other
information is NOT sufficient for this purpose."

An oral disclosure shall be accompanied by oral notice and
followed by a written notice within ten (10) days.

(6)(a) The Cabinet for Human Resources shall establish a network
of voluntary human immunodeficiency virus testing programs in
every county in the state. These programs shall be conducted in
each public health department established under the provisions of
KRS Chapter 211.   Additional programs may be contracted to other
private providers to the extent that finances permit and local
circumstances dictate;

(b)  Each public health department shall have the ability to
provide counseling and testing for the human immunodeficiency
virus to each patient who receives services and shall offer the
testing on a voluntary basis to each patient who requests the
test;

(c)  Each public health department shall provide a program of
counseling and testing for human immunodeficiency virus
infection, on an anonymous or confidential basis, dependent on
the patient's desire. The cabinet shall continue to provide for
anonymous testing and counseling;

(d)  The result of a serologic test conducted under the auspices
of the cabinet shall not be used to determine if a person may be
insured for disability, health, or life insurance or to screen or
determine suitability for, or to discharge a person from,
employment. Any person who violates the provisions of this
subsection shall be guilty of a Class A misdemeanor.

(7)  No public health department and no other person in this
state shall conduct or hold themselves out to the public as
conducting a testing program for acquired immunodeficiency
syndrome, acquired immunodeficiency syndrome related complex, or
human immunodeficiency virus status without first registering
with the cabinet, complying with all other applicable provisions
of state law, and meeting the following requirements:

(a)  The program shall be directed by a person who has completed
an  educational course approved by the cabinet in the counseling
of persons with acquired immunodeficiency syndrome, acquired
immunodeficiency syndrome related complex, or human
immunodeficiency virus infection;

(b)  The program shall have all medical care supervised by a
physician licensed under the provisions of KRS Chapter 311;

(c)  The program shall have all laboratory procedures performed
in a laboratory licensed under the provisions of KRS Chapter 333;

(d)  Informed consent shall be required prior to testing.
Informed consent shall be preceded by an explanation of the test,
including its purpose, potential uses, and limitations and the
meaning of its results;

(e)  The program, unless it is a blood donor center, shall
provide pretest counseling on the meaning of a test for human
immunodeficiency virus, including medical indications for the
test; the possibility of false positive or false negative
results; the potential need for confirmatory testing; the
potential social, medical, and economic consequences of a
positive test result; and the need to eliminate high-risk
behavior:

(f)  The program shall provide supplemental corroborative testing
on all positive test results before the results of any positive
test is provided to the patient;

(g)  The program shall provide post-test counseling, in person,
on the meaning of the test results; the possible need for
additional testing; the social medical, and economic consequences
of a positive test result; and the need to eliminate behavior
which might spread the disease to others;

(h)  Each person providing post-test counseling to a patient with
a positive test result shall receive specialized training, to be
specified by regulation of the cabinet, about the special needs
of persons with positive results, including recognition of
possible suicidal behavior, and shall refer the patient for
further health and social services as appropriate;

(i)  When services are provided for a charge during pretest
counseling, testing, supplemental testing, and post-test
counseling, the program shall provide a complete list of all
charges to the patient and the cabinet;

(j)  Nothing in this subsection shall be construed to require a
facility licensed under KRS Chapter 333 or a person licensed
under the provisions of KRS Chapters 311, 312 or 313 to register
with the cabinet if he does not advertise or hold himself out to
the public as conducting testing programs for human
immunodeficiency virus infection or specializing in such testing.

(8)  Any violation of this section by a licensed health care
provider shall be a ground for disciplinary action contained in
the professional's respective licensing chapter.

(9)  Except as provided in subsection (6)(d) of this section and
KRS 304.12-013, insurers and others participating in activities
related to the insurance application and underwriting process
shall be exempt from this section.

(10) The cabinet shall develop a program standards consistent
with the provisions of this section for counseling and testing
persons for the human immunodeficiency virus.



214.630.  Payment of costs. - (1) If the defendant is able to
pay, he shall pay all fees and costs associated with this action.

(2)  If the defendant is found by the court to be indigent, all
fees and costs shall be waived and defendant shall be represented
by an attorney from, or under contract to the Department of
Public Advocacy.



214.635.  Estimate of AIDS and HIV infection impact on state
spending for health. - The cabinet, on an annual basis, shall
estimate the potential impact of acquired immunodeficiency
syndrome and human immunodeficiency virus infection on total
state spending for health.



304.12-013.     Prohibited unfair or deceptive practices  in  the
writing  of  insurance. - (1) The purpose of this section  is  to
prohibit unfair or deceptive practices in the transaction of life
and  health  insurance with respect to the human immunodeficiency
virus infection and related matters. This section applies to  all
life and health insurance contracts which are delivered or issued
for delivery in Kentucky on or after July 13, 1990.

(2)  This section shall not prohibit an insurer from contesting
the validity of an insurance contract or whether a claim is
covered under an insurance contract to the extent allowed by law.

(3)  As used in this section:

(a)  "Human immunodeficiency virus (HIV)" means the causative
agent of acquired immunodeficiency syndrome (AIDS) or any other
type of immunosuppression caused by the human immunodeficiency
virus.

(b)  "Insurance contract" means a contract issued by an insurer
as defined in this section; and

(c)  "Insurer" means an insurer, a nonprofit hospital, medical-
surgical, dental, and health service corporation, a health
maintenance organization, or a prepaid dental plan organization.

(4)(a) In the underwriting of an insurance contract regarding
human immunodeficiency virus infection and health conditions
derived from such infection, the insurer shall utilize medical
tests which are reliable predictors of risk. Only a test which is
recommended by the Centers for Disease Control or by the Food and
Drug Administration is deemed to be reliable for the purposes of
this section. If a specific Centers for Disease Control or Food
and Drug Administration recommended test indicates the existence
or possible existence of human immunodeficiency virus infection
or a health condition related to the human immunodeficiency virus
infection, before relying on a single test to deny issuance of an
insurance contract, limit coverage under an insurance contract,
or to establish the premium for an insurance contract, the
insurer shall follow the applicable Centers for Disease Control
or Food and Drug Administration recommended test protocol and
shall utilize any applicable Centers for Disease Control or Food
and Drug Administration recommended follow-up tests or series of
tests to confirm the indication.

(b)  Prior to testing, the insurer shall disclose in writing its
intent to test the applicant for the human immunodeficiency virus
infection or for a specific health condition derived therefrom
and shall obtain the applicant's written informed consent to
administer the test. Written informed consent shall include a
fair explanation of the test, including its purpose, potential
uses and limitations, the meaning of its results, and the right
to confidential treatment of information. Use of a form
prescribed by the department shall raise a conclusive presumption
of informed consent.

(c)  An applicant shall be notified of a positive test result by
a physician designated by the applicant, or, in the absence of
such designation, by the Cabinet for Human Resources. The
notification shall include:

1.   Face-to-face post test counseling on the meaning of the test
results, the possible need for additional testing, and the need
to eliminate behavior which might spread the disease to others;

2.   The availability in the geographic area of any appropriate
health care services, including mental health care, and
appropriate social and support services;

3.   The benefits of locating and counseling any person by whom
the infected person may have been exposed to human
immunodeficiency virus and any person whom the infected person
may have exposed to the virus; and

4.   The availability, if any, of the services of public health
authorities with respect to locating and counseling any person
described in subparagraph 3 of this paragraph.

(d)  A medical test for human immunodeficiency virus infection or
for a health condition derived from the infection shall only be
required or given to an applicant for an insurance contract on
the basis of the applicant's health condition or health history,
on the basis of the amount of insurance applied for, or if the
test is required of all applicants.

(e)  An insurer may ask whether an applicant for an insurance
contract has been tested positive for human immunodeficiency
virus infection or other health conditions derived from such
infection. Insurers shall not inquire whether the applicant has
been tested for or has received a negative result from a specific
test for human immunodeficiency virus infection or for a health
condition derived from such infection.

(f)  Insurers shall maintain strict confidentiality of the
results of tests for human immunodeficiency virus infection or a
specific health condition derived from human immunodeficiency
virus infection. Information regarding specific test results
shall be disclosed only as required by law or pursuant to a
written request or authorization by the applicant. Insurers may
disclose results pursuant to a specific written request only to
the following persons:

1.   The applicant;

2.   A licensed physician or other person designated by the
applicant;

3.   An insurance medical information exchange under procedures
that are used to assure confidentiality, such as the use of
general codes that also cover results of tests for other diseases
or conditions not related to human immunodeficiency virus
infection;

4.   For the preparation of statistical reports that do not
disclose the identity of any particular applicant;

5.   Reinsurers contractually retained medical personnel, and
insurer affiliates if these entities are involved solely in the
underwriting process and under procedures that are designed to
assure confidentiality;

6.   To insurer personnel who have the responsibility to make
underwriting decisions; and

7.   To outside legal counsel who needs the information to
represent the insurer effectively in regard to matters concerning
the applicant.

(g)  Insurers shall use for the processing of human
immunodeficiency virus related tests only those laboratories that
are certified by the United States Department of Health and Human
Services under the Clinical Laboratory Improvement Act of 1967,
which permit testing of specimens in interstate commerce, and
which subject themselves to ongoing proficiency testing by the
College of American Pathologists, the American Association of Bio
Analysts, or an equivalent program approved by the Centers for
Disease Control.

(5)(a) An insurance contract shall not exclude coverage for human
immunodeficiency virus infection. An insurance contract shall not
contain benefit provisions, terms, or conditions which apply to
human immunodeficiency virus infection in a different manner than
those which apply to any other health condition. Insurance
contracts which violate this paragraph shall be disapproved by
the commissioner pursuant to KRS 304.14-130(11(a), 304.32-160,
304.38-050. and 304.43-030.

(b)  A health insurance contract shall not be canceled or
nonrenewed solely because a person or persons covered by the
contract has been diagnosed as having or has been treated for
human immunodeficiency virus infection.

(c)  Sexual orientation shall not be used in the underwriting
process or in the determination of which applicants shall be
tested for exposure to the human immunodeficiency virus
infection. Neither the marital status, the living arrangements,
the occupation, the gender, the beneficiary designation, nor the
zip code or other territorial classification of an applicant's
sexual orientation.

/* The final sentence is missing a verb or two, but we have
verified that this is what the Kentucky legislature passed. */

(d)  This subsection does not prohibit the issuance of accident
only for specified disease insurance contracts.



311.281.  Testing of organs, skin, or other human tissue for HIV
and other communicable diseases, with informed consent. -(1)
Every donation of organs, skins, or other human tissue for
transplantation to another shall be tested by the agency
responsible for procuring the organ, skin, or other human tissue
prior to use for human immunodeficiency virus infection and other
communicable diseases specified by the United Network for Organ
Sharing, American Association of Tissue Banks, and Eye Bank
Association of America. Tests for the human immunodeficiency
virus infection shall be performed only after obtaining written,
informed consent from the potential donor or the donor's legal
representative. Obtaining consent shall include a fair
explanation of the procedures to be followed and the meaning and
use of the test results. The explanation shall include a
description of the confidential nature of the test as described
in KRS 214.625. If consent for testing is not given, the person
shall not be accepted as a donor.

(2)  Notwithstanding the provisions of subsection (1) of this
section, written informed consent to perform testing shall not be
required if the organ, skin, or other human tissue is received
for processing or testing from out-of-state or if tissue is
received from a health care facility or health care provider for
reference testing or processing and the results of the test are
reported back to the facility or provider.

(3)  No person shall collect any organ, skin, or other human
tissue from one (1) human being and hold it for, or actually
perform, any implantation, transplantation, grafting, or any
other method of transfer to another human being without first
testing the tissue for the human immunodeficiency virus and other
communicable diseases specified by the United Network for Organ
Sharing, American Association of Tissue Banks, and Eye Bank
Association of America, or without performing another process
approved by the United Network for Organ Sharing, American
Association of Tissue Banks, and Eye Bank Association of America
capable of killing the causative agent of those diseases.

(4)  All human organs, skin, or other human tissue which is to be
transplanted to another and is found positive for human
immunodeficiency virus or other communicable disease specified by
the United Network for Organ Sharing, American Association of
Tissue Banks, and Eye Bank Association of America shall be
rendered noncommunicable by the person holding the tissue or
shall be destroyed, unless the human tissue is specifically
labeled to identify the human immunodeficiency virus and:

(a)  Is used for research purposes; or

(b)  Is used to save the life of another and is transferred with
the recipient's informed consent.

(5)  Each agency which procures organs, skin, or other human
tissue, who finds evidence after confirmatory testing of human
immunodeficiency virus in the donor, shall notify the donor or
legal representative. If the donor is a patient of a health
facility within the Commonwealth, the following information shall
be given:

(a)  The meaning of the test results;

(b)  Measures for the prevention of the transmission of the human
immunodeficiency virus;

(c)  The availability in the geographic area of any appropriate
health care services, including mental health care, and
appropriate social and support services;

(d)  The benefits of locating and counseling any individual by
whom the infected individual may have been exposed to human
immunodeficiency virus and any individual whom the infected
individual may have exposed to the virus; and

(e)  The availability, if any, of the services of public health
authorities with respect to locating and counseling any
individual described in paragraph()of this subsection.

(6)  The donor shall be notified of the confirmed positive test
results in person. Persons shall be notified of negative test
results either in person, by registered mail, or by phone.
Notification is the responsibility of the agency responsible for
procuring skin, organs, or other donated tissue. Notification
shall be the responsibility of the agency responsible for
procuring skin, organs, or other donated tissue.

(7)  Prior to the transplant of an organ or artificial
insemination, the institution or physician responsible for
overseeing the procedure shall provide the prospective recipient
information as to the risks of contracting human immunodeficiency
virus.



311.282.  Disclosure or failure to disclose confidential
information under specified circumstances not to create civil or
criminal liability. - (1) A physician licensed pursuant to KRS
Chapter 311 shall not be civilly or criminally liable for the
disclosure of otherwise confidential information under the
following circumstances:

(a)  If a patient of the physician has tested positive for human
immunodeficiency virus discloses to the physician the identity of
a spouse or sexual partner with whom the patient has cohabitated
for more than one (1) year; and

(b)  The physician recommends the patient notify the spouse or
sexual partner of the positive test and refrain from engaging in
sexual activity in a manner likely to transmit the virus and the
patient refuses; and

(c)  If, pursuant to a perceived civil duty or the ethical
guidelines of the profession, the physician reasonably and in
good faith advises the spouse of the patient or sexual partner
with whom the patient has cohabitated for more than one (1) year
of the positive test and facts concerning the transmission of the
virus.

(2)  Notwithstanding the foregoing, a physician licensed pursuant
to KRS Chapter 311 shall not be civilly or criminally liable for
failure to disclose information relating to a positive test
result for human immunodeficiency virus of a patient to a spouse.
(Enact. Acts 1990, ch. 443,  47, effective July 13, 1990.)



PARAMEDICS

311.653.  Education course concerning AIDS required for certifi
cation. - The board of medical licensure shall, by regulation,
require an applicant for certification as a paramedic to have
completed a Cabinet for Human Resources approved educational
course on the transmission, control, treatment and prevention of
the human immunodeficiency virus and acquired immunodeficiency
syndrome with an emphasis on appropriate behavior and attitude
change.



311.654.  Rules and regulations. - (1) The board of medical
licensure shall adopt rules and regulations relating to
paramedics. The regulations may include, but need not be limited
to, the classification and certification of paramedics,
instructor-trainers, instructors, and students and trainees;
examinations; standards of training and experience; curricula
standards; administration of drugs and controlled substances by
paramedics under the direction or supervision of licensed
physicians; issuance, renewal, suspension, denial, and revocation
of certificates, and such other reasonable standards or
regulations as may be necessary for the protection of public
health and safety in the delivery of emergency medical services.

(2)  Any continuing education required by the board of medical
licensure shall include a Cabinet for Human Resources approved
educational course on the transmission, control, treatment, and
prevention of the human immunodeficiency virus and acquired
immuneficiency syndrome with an emphasis on appropriate behavior
and attitude change.



510.320.  Human immunodeficiency virus testing for defendants
accused of certain sexual offenses- Results - Counseling when
test positive - Cost - Effect of appeal. - (1) For purposes of
this section, "human immunodeficiency virus test" means a test of
an individual for presence of human immunodeficiency virus, or
for antibodies or antigens that result from human
immunodeficiency virus infection, or for an other substance
specifically indicating human immunodeficiency virus in
infection.

(2)  A defendant charged with an offense pursuant to this chapter
which has sexual intercourse or deviate sexual intercourse as an
element, or has sexual contact as an element when the
circumstances of the case demonstrate a possibility of
transmission of human immunodeficiency virus, shall upon initial
court appearance on the charge, be informed by the judge of the
availability of human immunodeficiency virus testing. The judge
shall also notify the victim of the offense, or parent or
guardian of the victim, that the defendant has been so notified.

(3)  When a defendant has been convicted of any offense in
subsection (2) of this section, other provisions of law to the
contrary notwithstanding, the sentencing court, regardless of any
prior human immunodeficiency virus test, shall order the
defendant to undergo a human immunodeficiency virus test, under
the direction of the Cabinet for Human Resources.

(4)(a) The result of any human immunodeficiency virus test
conducted pursuant to this section shall not be a public record
for purposes of KRS chapter 61.

(b)  The result of any human immunodeficiency virus test
conducted pursuant to this section shall only be made available
by the Cabinet for Human Resources to the victim, or the parent
or guardian of a victim who is a minor or is mentally retarded or
mentally incapacitated, the defendant, the court issuing the
order for testing and to any other agency as directed pursuant to
KRS Chapter 214.

(c)  In addition, the Cabinet for Human Resources shall provide
to the Department of Corrections the result of any human
immunodeficiency virus test conducted pursuant to this section
which indicates that the defendant is infected wit the human
immunodeficiency virus. The Department of Corrections shall use
this information solely for the urpose of providing medical
treatment to the defendant while incarcerated in a state
penitentiary or correctional institution or county jail.

(5)  If the human immunodeficiency virus test indicates the
presence of human immunodeficiency virus infection, the Cabinet
for human Resources shall provide counseling to the victim and
the defendant regarding human immunodeficiency virus disease, and
referral for appropriate health care and support services.

(6)  The cost of testing under this section shall be aid by the
defendant tested, unless the court has determined the defendant
to be indigent.

(7)  Filing of a notice of appeal shall not automatically stay an
order that the defendant submit to a human immunodeficiency virus
test.



529.090.  Persons convicted required to submit to screening for
HIV infections - Prostitution or procuring prostitution with
knowledge of sexually transmitted disease or HIV. - (1) Any
person convicted of prostitution or procuring another to commit
prostitution under the provisions of KRS 529.020 shall be
required to undergo screening for human immunodeficiency virus
infection under direction of the Cabinet for Human Resources and,
if infected, shall submit to treatment and counseling as a
condition of release from probation, community control, or incar
ceration. Notwithstanding the provisions of KRS 214.420, the
results of any test conducted pursuant to this subsection shall
be made available by the Cabinet for Human Resources to medical
personnel, appropriate state agencies, or courts of appropriate
jurisdiction to enforce the provisions of this chapter.

(2)  Any person who commits prostitution and who, prior to the
commission of the crime, had tested positive for a sexually
transmitted disease and knew or had been informed that he had
tested positive for a sexually transmitted disease pursuant to
KRS 214.410 and that he could possibly communicate such disease
to another person through sexual activity is guilty of a Class A
misdemeanor. A person may be convicted and sentenced separately
for a violation of this subsection and for the underlying crime
of prostitution.

(3)  Any person who commits, offers, or agrees to commit
prostitution by engaging in sexual activity  in a manner likely
to transmit the human immunodeficiency virus an who, prior to the
commission of the crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he had
tested positive for human immunodeficiency virus and that he
could possibly communicate the disease to another person through
sexual activity is guilty of a Class D felony. A person may be
convicted and sentenced separately for a violation of this
subsection and for the underlying crime of prostitution.

(4)  Any person convicted of procuring another to commit
prostitution in a manner likely to transmit the human
immunodeficiency virus and who, prior to the commission of the
crime, had tested positive for human immunodeficiency virus and
knew or had been informed that he had tested positive for human
immunodeficiency virus and that he could possibly communicate the
disease to another person through sexual activity is guilty of a
Class D felony.