202B.070 Exemption from personal liability -- Duty of individuals with direct-care
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/ky/202b-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
responsibility for residents of ICF/ID to meet specific care needs, including
supervision.
(1)Persons carrying out duties or rendering professional opinions as provided in this
chapter shall be free of personal liability for such actions provided that such
activities are performed in good faith within the scope of their official duties and in
a manner consistent with accepted professional practices.
(a)The person responsible for the implementation of the individual care plan
shall ensure that each individual that has direct-care responsibility for a
resident admitted to an ICF/ID shall be informed of the specific care needs of
the resident, including but not limited to the need for supervision.
(b)After admittance, the facility administrator shall ensure that each individual
that has direct-care responsibility for a resident admitted to an ICF/ID shall be
informed of the specific care needs of the resident, including but not limited to
the need for supervision upon any change in the resident's care plan.
(3)Notwithstanding subsection
(1)of this section, an individual who has direct-care
responsibility for a resident of an ICF/ID and who intentionally fails to provide
supervision of the resident as specified in the resident's care plan and thereby
creates a risk of imminent harm or death to the resident shall be subject to
immediate dismissal from employment.