Kentucky 2022 Regular Session Status: Passed Senate 1 R cosponsors

SB 80 — AN ACT relating to genetic testing in death investigations.

Last action — floor amendment (2) filed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 72.405 to define "genetic tests" and expand the definition of "post-mortem examination"; create a new section of KRS Chapter 72 to require genetic tests be performed when a postmortem examination of a deceased person is required; prohibit disclosure of information or genetic test results without written consent of deceased's spouse, next of kin, or authorized person.

Bill Text

What changed in the latest version

48 added · 53 removed

Plain-language change summary

The recent changes to Bill SB 80 clarify the definitions related to genetic testing in death investigations. Notably, the language has shifted from a broad definition of "genetic tests" to specifically focus on testing for cardiac arrhythmogenic syndromes. This change is significant because it narrows the scope of genetic testing in these investigations, potentially improving the focus on specific health-related causes of death. Additionally, the bill retains the importance of comprehensive investigations while emphasizing up-to-date scientific methods.

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UNOFFICIAL COPY 22 RS BR 453 AN ACT relating to relating to genetic testing in death investigations.
UNOFFICIAL COPY 22 RS SB 80/GA AN ACT relating to genetic testing in death investigations.
(3) "Genetic tests" means blood or tissue typing tests, including but not limited to tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, electrofloresis, or deoxyribonucleic acid;
(3) "Genetic tests" means testing for genetic markers for cardiac arrhythmogenic syndromes;
and Page 1 of 3 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 453 (6)[(5)] "Certified coroner" or "certified deputy coroner" means a coroner or deputy coroner who has been certified by the Justice and Public Safety Cabinet to have successfully completed both the basic training course and annual in- service[inservice] training course required by KRS 72.415, except that a deputy coroner shall be certified without completion of training courses required by KRS 72.415 if he or she is a licensed physician.
and (6)[(5)] "Certified coroner" or "certified deputy coroner" means a coroner or deputy Page 1 of 3 SB008010.100 - 453 - XXXX GA UNOFFICIAL COPY 22 RS SB 80/GA coroner who has been certified by the Justice and Public Safety Cabinet to have successfully completed both the basic training course and annual in- service[inservice] training course required by KRS 72.415, except that a deputy coroner shall be certified without completion of training courses required by KRS 72.415 if he or she is a licensed physician.[ The secretary of justice and public safety may waive the requirement for basic training and certify a coroner during the eighteen (18) month period after July 15, 1982, if the advisory commission set forth in KRS 72.225 certifies to the secretary after a thorough review that the experience and knowledge of the specific coroner is such that he or she is qualified to be a certified coroner without taking the basic training.] SECTION 2.
The secretary of justice and public safety may waive the requirement for basic training and certify a coroner during the eighteen (18) month period after July 15, 1982, if the advisory commission set forth in KRS 72.225 certifies to the secretary after a thorough review that the experience and knowledge of the specific coroner is such that he or she is qualified to be a certified coroner without taking the basic training.
SECTION 2.
(1) In cases where a post-mortem examination is performed in accordance with the requirements of KRS 72.025, the coroner or medical examiner shall conduct genetic tests on a deceased person.
(1) As used in this section, "genetic tests" and "post-mortem examination" have the same meaning as in Section 1 of this Act.
(2) If a coroner or medical examiner determines the cause of death of the deceased based on the results of genetic tests, he or she shall provide notice of the death to the state registrar of vital statistics and the state registrar of vital statistics shall enter the information on the deceased person's death certificate.
(2) Except in skeletal and decomposing human remains, in cases of a deceased person under forty (40) years of age where a post-mortem examination is performed by the Office of the Kentucky State Medical Examiner under the authority of the county coroner and the state medical examiner does not determine a cause of death, the Office of the Kentucky State Medical Examiner shall conduct genetic tests on the deceased person.
(3) Information about a deceased person or results of a deceased person's genetic tests performed pursuant to this section shall not be released to any organization or person without the explicit written consent, signed and acknowledged by:
(3) If the Office of the Kentucky State Medical Examiner determines the cause of death of the deceased person based on the results of genetic tests, the coroner shall enter the information on the deceased person’s death certificate for the signature of the state registrar of vital statistics.
(a) The deceased person's spouse;
(4) The Justice and Public Safety Cabinet, in consultation with the Office of the Kentucky State Medical Examiner, shall promulgate administrative regulations necessary to administer this section.
(b) In the absence of a spouse of the deceased, the deceased person's next of kin;
Page 2 of 3 SB008010.100 - 453 - XXXX GA UNOFFICIAL COPY 22 RS SB 80/GA Section 3.
or (c) In the absence of a spouse or next of kin of the deceased, the person who Page 2 of 3 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 453 assumes the responsibility to dispose of the body.
This Act may be cited as the Micah Shantell Fletcher Law.
(4) The Justice and Public Safety Cabinet, in consultation with the Kentucky State Medical Examiners Office, shall promulgate administrative regulations necessary to administer this section.
Page 3 of 3 SB008010.100 - 453 - XXXX GA
(5) As used in this section, "genetic tests" and "post-mortem examination" have the same meaning as in Section 1 of this Act.
Page 3 of 3 XXXX Jacketed
View plain text versions (2)

Action History

  1. floor amendment (2) filed

  2. floor amendment (1) filed

  3. posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022

  4. reported favorably, 2nd reading, to Rules

  5. to Judiciary (H)

  6. returned to Committee on Committees (H)

  7. 1st reading

  8. taken from Committee on Committees (H)

  9. to Committee on Committees (H)

  10. received in House

  11. 3rd reading, passed 35-0 with Committee Substitute (1) and Committee Amendment (1-title)

  12. passed over and retained in the Orders of the Day

  13. passed over and retained in the Orders of the Day

  14. passed over and retained in the Orders of the Day

  15. passed over and retained in the Orders of the Day

  16. passed over and retained in the Orders of the Day

  17. posted for passage in the Regular Orders of the Day for Tuesday, February 15, 2022

  18. 2nd reading, to Rules

  19. reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)

  20. to Judiciary (S)

  21. to Committee on Committees (S)

  22. introduced in Senate

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 80 W/ scs1 scta1

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democrat 1000
Republican 17000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Alvarado — Yea
Parrett — Yea
Turner — Yea
Hornback — Yea
Schickel — Yea
Schroder — Yea
Westerfield — Yea
Castlen — Yea
Southworth — Yea
McGarvey — Yea
Embry — Yea
Meredith — Yea
Thayer — Yea
Yates — Yea
Nemes — Yea
Thomas — Yea
Harper Angel — Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 80 do?
Amend KRS 72.405 to define "genetic tests" and expand the definition of "post-mortem examination"; create a new section of KRS Chapter 72 to require genetic tests be performed when a postmortem examination of a deceased person is required; prohibit disclosure of information or genetic test results without written consent of deceased's spouse, next of kin, or authorized person.
Who sponsors SB 80?
SB 80 is sponsored by Phillip Wheeler (Republican).
What is the current status of SB 80?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 80?
Track SB 80 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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