Download as PDF
39A.260 Mutual aid agreements with other states -- Workers' compensation.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The division may enter into agreements with other states with regard to mutual
aid for routine provision of emergency management services or for mutual aid
during times of emergency or disaster, or any combination of these.
Kentucky emergency management personnel, either working for the state or
local government or affiliated with the state or a local government, paid or
volunteer, shall, to the extent provided by the law of the host state, have the
same rights and privileges as they have in Kentucky.
Emergency management personnel, either working for the state or a local
government or affiliated with the state or a local government of another state,
paid or volunteer, shall, to the extent provided by Kentucky law, have the same
rights and privileges as do Kentucky emergency management personnel
working for the state or local government or affiliated with the state or a local
government, whether paid or volunteer. This provision shall not apply to the
provision of peace officer services, unless approved in writing by the Governor,
or the General Assembly, as appropriate for the specific incident.
Kentucky emergency management-provided workers' compensation shall
apply to a state or local emergency management agency worker, paid or
volunteer, or worker in an operating unit officially affiliated with the division, or
worker in a local emergency management agency-supervised operating unit
officially affiliated with a local disaster and emergency services organization
pursuant to KRS 39B.070, who is serving in another state pursuant to an
agreement consummated under this section.
An emergency management worker from another state, paid or volunteer, who
is working for or affiliated with the state emergency management agency and
who is serving in Kentucky pursuant to an agreement consummated under this
section may be accorded Kentucky emergency management workers'
compensation coverage by action of the director.
The provisions of subsections (4) and (5) of this section shall not apply to
hazardous materials emergency response operations defined in 29 C.F.R.
1910.120 which are above the first-responder operations level, on-scene
incident commander level excluded.
An emergency management worker from another state, paid or volunteer, who
is working for the state emergency management agency or a local emergency
management agency or a worker in an organization affiliated with the state or
local emergency management agency of another state who holds license or
certification from the worker's state to practice a profession, or
paraprofessional activity, or other activity for which a license or certification is
required to practice that activity in Kentucky shall be, for the period of that
work, under an agreement consummated pursuant to this chapter, considered
as properly licensed or certified in Kentucky to perform the services granted by
the worker's license or certification. The worker shall, however, while in
Kentucky, be subject to discipline by the appropriate Kentucky licensing or
certifying agency for acts of misconduct or negligence which are committed in
Kentucky.
City, county, urban-county, or charter county emergency management
agencies in Kentucky may make written agreements with similar local
(9)
emergency management agencies in adjoining states if the agreements are
submitted to the state emergency management agencies of both states and
are approved in writing by the directors of both agencies. Agreements pursuant
to this section shall be subject to the same rights and privileges as state
agreements under this section, but shall be limited to two (2) years, unless
renewed by submission of a new agreement for approval.
The provisions of this section shall be subject to the provisions of all applicable
federal law.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 25, effective July 15, 1998.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.