(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.

Terms Used In Kentucky Statutes 211.660

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(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 KRS § 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. – Created 1992 Ky. Acts ch. 62, sec. 3, effective July 14, 1992.