2014 Kentucky Revised Statutes CHAPTER 311A - EMERGENCY MEDICAL SERVICES 311A.190 Information furnished to board by providers -- Run report form -- Annual reports -- Confidentiality -- Report to medical facility, ambulance provider, and patient -- Records -- Disclosure and admissibility of data and records.
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311A.190 Information furnished to board by providers -- Run report form -Annual reports -- Confidentiality -- Report to medical facility, ambulance
provider, and patient -- Records -- Disclosure and admissibility of data
and records.
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Each licensed ambulance provider and medical first response provider as
defined in this chapter shall collect and provide to the board run data and
information required by the board by this chapter and administrative regulation.
The board shall develop a run report form for the use of each class of
ambulance provider and medical first response provider containing the data
required in subsection (1) of this section. An ambulance provider or medical
first response provider may utilize any run form it chooses in lieu of or in
addition to the board developed run report form. However, the data captured
on the run report form shall include at least that required by the administrative
regulations promulgated pursuant to subsection (1) of this section.
An ambulance provider or medical first response provider shall report the
required run report data and information by completing an annual report as
established by the board or by transmitting the required data and information to
the board in an electronic format. If the board requires the use of a specific
electronic format, it shall provide a copy of the file layout requirements, in either
written or electronic format, to the licensed ambulance provider or medical first
response provider at no charge.
The board may publish a comprehensive annual report reflecting the data
collected, injury and illness data, treatment utilized, and other information
deemed important by the board. The annual report shall not include patient
identifying information or any other information identifying a natural person. A
copy of the comprehensive annual report, if issued, shall be forwarded to the
Governor and the General Assembly.
Ambulance provider and medical first response provider run report forms and
the information transmitted electronically to the board shall be confidential. No
person shall make an unauthorized release of information on an ambulance
run report form or medical first response run report form. Only the patient or the
patient's parent or legal guardian if the patient is a minor, or the patient's legal
guardian or person with proper power of attorney if the patient is under legal
disability as being incompetent or mentally ill, or a court of competent
jurisdiction may authorize the release of information on a patient's run report
form or the inspection or copying of the run report form. Any authorization for
the release of information or for inspection or copying of a run report form shall
be in writing.
If a medical first response provider or ambulance provider does not use a
paper form but collects patient data through electronic means, it shall have the
means of providing a written run report that includes all required data elements
to the medical care facility. A copy of the medical first response form or a
summary of the run data and patient information shall be made available to the
ambulance service that transports the patient. A copy of the ambulance run
report form shall be made available to any medical care facility to which a
patient is transported and shall be included in the patient's medical record by
that facility. If a patient is not transported to a medical facility, the copy of the
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run report form that is to be given to the transporting ambulance provider or
medical care facility shall be given to the patient or to the patient's parent or
legal guardian. If the ambulance provider, medical facility, patient, or patient's
legal guardian refuses delivery of their run report form or is unavailable to
receive the form, that copy of the form shall be returned to the medical first
response provider or ambulance provider and destroyed.
All ambulance services shall be required to keep adequate reports and records
to be maintained at the ambulance base headquarters and to be available for
periodic review as deemed necessary by the board. Required records and
reports are as follows:
(a) Employee records, including a resume of each employee's training and
experience and evidence of current certification; and
(b) Health records of all drivers and attendants including records of all
illnesses or accidents occurring while on duty.
Data and records generated and kept by the board or its contractors regarding
the evaluation of emergency medical care and trauma care in the
Commonwealth, including the identities of patients, emergency medical
services personnel, ambulance providers, medical first-response providers, and
emergency medical facilities, shall be confidential, shall not be subject to
disclosure under KRS 61.805 to 61.850 or KRS 61.870 to 61.884, shall not be
admissible in court for any purpose, and shall not be subject to discovery.
However, nothing in this section shall limit the discoverability or admissibility of
patient medical records regularly and ordinarily kept in the course of a patient's
treatment that otherwise would be admissible or discoverable.
Effective:July 15, 2002
History: Created 2002 Ky. Acts ch. 211, sec. 36, effective July 15, 2002.
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