211.660 Kentucky birth surveillance registry -- Department's authority to promulgate administrative regulations. - Kentucky Statutes

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211.660 Kentucky birth surveillance registry -- Department's authority to promulgate administrative regulations. (1) The Department for Public Health shall establish and maintain a Kentucky birth surveillance registry that will provide a system for the collection of information
concerning birth defects, stillbirths, and high-risk conditions. The system may cover
all or part of the Commonwealth. (2) In establishing the system, the department may review vital statistics records, and shall also consider expanding the current list of congenital anomalies and high-risk
conditions as reported on birth certificates. (3) (a) The department may require general acute-care hospitals licensed under KRS Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a
list of all outpatients up to the age of five (5) years with a primary diagnosis of
a congenital anomaly or high-risk condition as defined by the department
upon the recommendation of the appointed advisory committee. Hospital
participation regarding its outpatients shall be voluntary and subject to the
discretion of each hospital. (b) The department may require medical laboratories licensed under KRS Chapter 333 to maintain medical records for all persons up to the age of five (5) years
with a primary diagnosis of or a laboratory test result indicating congenital
anomaly or high-risk condition as defined by the department upon the
recommendation of the appointed advisory committee. (4) Each licensed free-standing birthing center, general acute-care hospital licensed under KRS Chapter 216B, and medical laboratory licensed under KRS Chapter 333
shall grant, if required or otherwise participating voluntarily under the provisions of
subsection (3) of this section, to any Kentucky Birth Surveillance Registry
personnel or his or her designee, upon presentation of proper identification, access
to the medical records of any patient meeting the criteria in subsection (3) of this
section. If the department's agent determines that copying of the medical records is
necessary, associated costs shall be borne by the Department for Public Health at
the rate pursuant to KRS 422.317. (5) No liability of any kind, character, damages, or other relief shall arise or be enforced against any licensed free-standing birthing center, general acute-care hospital, or
medical laboratory by reason of having provided the information or material to the
Kentucky Birth Surveillance Registry. (6) The Department for Public Health may implement the provisions of KRS 211.651 to 211.670 through the promulgation of administrative regulations in accordance
with the provisions of KRS Chapter 13A. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 287, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 327, sec. 1, effective July 15, 1998; and ch. 426, sec. 310,
effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 77, effective July
15, 1994.