Kentucky 2023 Regular Session Status: Enacted

HB 349 — AN ACT relating to the treatment of sexually transmitted diseases.

Last action — signed by Governor (Acts Ch. 150)

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

This bill has been enacted into law. Introduced February 16, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 214.430 to permit expedited partner therapy for sexually transmitted infections including but not limited to trichomoniasis, gonorrhea, or chlamydia infection; amend KRS 311.990 to remove the penalty of a Class D felony for a person who donates organs, skin, or other human tissue while being positive for the human immunodeficiency virus; create a new section of KRS Chapter 214 to provide that nothing in KRS 214.181, 214.265, or 214.995 shall be construed to prohibit a person from obtaining or performing a self-test to detect human immunodeficiency virus infection; amend KRS 367.175 to allow for the sale, delivery, holding, or offering for sale of human immunodeficiency virus self-testing kits.

Bill Text

What changed in the latest version

167 added · 222 removed

167 line(s) added, 222 removed.

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UNOFFICIAL COPY 23 RS HB 349/GA AN ACT relating to the treatment of sexually transmitted diseases.
CHAPTER 150 1 CHAPTER 150 ( HB 349 ) AN ACT relating to the treatment of sexually transmitted diseases.
(2) Notwithstanding any other provision of law, a practitioner who is licensed to Page 1 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA diagnose and prescribe drugs for [a ]sexually transmitted infections, including but not limited to trichomoniasis, gonorrhea, or chlamydia infection, who diagnoses a sexually transmitted [gonorrhea or chlamydia ]infection in a patient may provide expedited partner therapy for a sexually transmitted [gonorrhea or chlamydia ]infection to that patient's sexual partner or partners.
(2) Notwithstanding any other provision of law, a practitioner who is licensed to diagnose and prescribe drugs for [a ]sexually transmitted infections, including but not limited to trichomoniasis, gonorrhea, or chlamydia infection, who diagnoses a sexually transmitted [gonorrhea or chlamydia ]infection in a patient may provide expedited partner therapy for a sexually transmitted [gonorrhea or chlamydia ]infection to that patient's sexual partner or partners.
(3) Any person who presents to the county clerk for the purpose of registration any license which has been fraudulently obtained, or obtains any license under KRS 311.380 to 311.510 by false or fraudulent statement or representation, or practices podiatry under a false or assumed name or falsely impersonates another practitioner or former practitioner of a like or different name, or aids and abets any person in the Page 2 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA practice of podiatry within the state without conforming to the requirements of KRS 311.380 to 311.510, or otherwise violates or neglects to comply with any of the provisions of KRS 311.380 to 311.510, shall be guilty of a Class A misdemeanor.
(3) Any person who presents to the county clerk for the purpose of registration any license which has been fraudulently obtained, or obtains any license under KRS 311.380 to 311.510 by false or fraudulent statement or representation, or practices podiatry under a false or assumed name or falsely impersonates another practitioner or former practitioner of a like or different name, or aids and abets any person in the practice of podiatry within the state without conforming to the requirements of KRS 311.380 to 311.510, or otherwise violates or neglects to comply with any of the provisions of KRS 311.380 to 311.510, shall be guilty of a Class Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY A misdemeanor.
However, a physician shall not be guilty of the criminal offense if the partial-birth abortion was Page 3 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.
However, a physician shall not be guilty of the criminal offense if the partial-birth abortion was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.
Page 4 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA (13) Any person who performs an abortion upon a married woman either with knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.
(13) Any person who performs an abortion upon a married woman either with knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.
(17) Except as provided in KRS 311.787(3), any person who intentionally violates KRS 311.787 shall be guilty of a Class D felony.
CHAPTER 150 3 (17) Except as provided in KRS 311.787(3), any person who intentionally violates KRS 311.787 shall be guilty of a Class D felony.
(27) Any administrator, officer, or employee of a publicly owned hospital or publicly Page 5 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA owned health care facility who performs or permits the performance of abortions in violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor.
(27) Any administrator, officer, or employee of a publicly owned hospital or publicly owned health care facility who performs or permits the performance of abortions in violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor.
(35) Any hospital performing transplantable organ transplants which knowingly fails to report the possible sale, purchase, or brokering of a transplantable organ shall be fined not less than ten thousand dollars ($10,000) or more than fifty thousand Page 6 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA dollars ($50,000).
(35) Any hospital performing transplantable organ transplants which knowingly fails to report the possible sale, purchase, or brokering of a transplantable organ shall be fined not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).
In addition to any other penalty imposed for that violation, the board may, through the Attorney General, petition a Circuit Court to enjoin the person who is violating KRS 311.691 from practicing genetic counseling in violation of the requirements of KRS 311.690 to 311.700.
In addition to any other penalty imposed for that violation, the board may, through the Attorney General, petition a Circuit Court to enjoin the person who is Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY violating KRS 311.691 from practicing genetic counseling in violation of the requirements of KRS 311.690 to 311.700.
Page 7 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA UNOFFICIAL COPY 23 RS HB 349/GA (2) It shall be unlawful for any person or persons to monopolize, [or ]attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of the trade or commerce in this Commonwealth.
(2) It shall be unlawful for any person or persons to monopolize, [or ]attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of the trade or commerce in this Commonwealth.
Page 8 of 8 HB034910.100 - 1533 - XXXX 3/7/2023 7:56 PM GA
Signed by Governor March 31, 2023.
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 150)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 36-1

  7. posted for passage in the Consent Orders of the Day for Thursday, March 30, 2023

  8. reported favorably, to Rules as a consent bill

  9. returned to Health Services (S)

  10. 2nd reading

  11. taken from Health Services (S)

  12. returned to Health Services (S)

  13. 1st reading

  14. taken from Health Services (S)

  15. to Health Services (S)

  16. to Committee on Committees (S)

  17. received in Senate

  18. 3rd reading, passed 98-0

  19. posted for passage in the Consent Orders of the Day for Tuesday, March 07, 2023

  20. 2nd reading, to Rules

  21. reported favorably, 1st reading, to Calendar

  22. to Health Services (H)

  23. to Committee on Committees (H)

  24. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"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 HB 349

Passed 36 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 2000
Republican 21000
Unaffiliated 13100
Total 36100
% of votes cast 97%3%0%0%
How each member voted (37)
Member Party Vote
Nemes — Yea
Turner — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
ChambersArmstrong — Yea
Williams — Yea
Meredith — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Yates — Yea
Schickel — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

FOR CONSENT

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 14000
Republican 64002
Unaffiliated 20000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Smith — Yea
Dixon — Yea
Nemes — Yea
Bentley — Yea
Palumbo — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Meredith — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Not Voting
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 349 do?
Amend KRS 214.430 to permit expedited partner therapy for sexually transmitted infections including but not limited to trichomoniasis, gonorrhea, or chlamydia infection; amend KRS 311.990 to remove the penalty of a Class D felony for a person who donates organs, skin, or other human tissue while being positive for the human immunodeficiency virus; create a new section of KRS Chapter 214 to provide that nothing in KRS 214.181, 214.265, or 214.995 shall be construed to prohibit a person from obtaining or performing a self-test to detect human immunodeficiency virus infection; amend KRS 367.175 to allow for the sale, delivery, holding, or offering for sale of human immunodeficiency virus self-testing kits.
What is the current status of HB 349?
This bill has been enacted into law. Introduced February 16, 2023. Enacted.
Where can I track HB 349?
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