2015 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.
(1)
(2)
(3)
(4)
(5)
(6)
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
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(8)
included in the patient's medical record by that facility. If a patient is not transported
to a medical facility, the copy of the 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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