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The Legal Brief

UPDATED - Kentucky Legislature Responds to COVID-19 with SB 150

March 27, 2020

By: Jay E. Ingle

Governor Beshear signed Senate Bill 150 on March 30, 2020, which addresses COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. The new law also addresses other issues directly affecting employers.


Codifies the acts undertaken by Executive Order to allow for the expansion of unemployment benefits 

Permits the Education and Workforce Development Cabinet to seek assistance from the federal government and use other resources to reimburse the unemployment insurance trust fund



Requires the Kentucky Department of Revenue to adhere to changes made by the IRS or U.S. Treasury Department

States that penalties and interest will not be imposed for extensions


Facilitating and Providing Protection for Expanded Healthcare Efforts 

Establishes liability protections for health care providers who in good faith render care and treatment during the state of emergency, including those prescribing medication for off-label use, acting outside their normal scope of practice, or using supplies not typically used

Establishes liability protections for businesses that make or provide personal protective equipment or personal hygiene supplies that do not make these supplies in the normal course of their business operations

Allows for use of telehealth regardless of whether a pre-existing physician-patient relation has been established

Provides direction on compliance with CHFS guidelines for elective surgeries and medical procedures

Gives flexibility to the Medical Licensure Board and EMS Board to waive or modify certain laws to allow for quicker certification or recertification and broaden the base of healthcare workers who can assist in the provision of services

Additional detail on the measures affecting healthcare can be found in this article by Chacey Malhouitre.


Alcohol Sales

Codifies the emergency order issued by the Public Protection Cabinet on March 19 relaxing package sales incident to the purchase of a meal


Court and Administrative proceedings

Provides that real-time video conferences are sufficient for complying with testimony, signature, or notarization requirements

Allows for live audio or live video teleconferences for court-ordered counseling and educational classes

Suspends deadlines for hearings and decisions by local planning and zoning bodies under KRS Chapter 100

Suspends deadlines for code enforcement proceedings or hearings


Open Meetings and Open Records

Extends the deadline for state agencies to respond to requests

Suspends open meeting laws to allow for live audio or live video teleconference meetings


Commercial Drivers Licenses

Suspends the requirement to obtain a temporary restricted CDL for farm-related services in certain circumstances


The Bill requires the Governor to declare, in writing, the date upon which the state of emergency in response to COVID-19 has ceased.  This provision appears included to establish when many of the measures included in the Bill end.

A copy of the final bill with the specific language implementing these measures can be found here.


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