KRS 202B.070: Exemption from personal liability -- Duty of individuals with direct -care

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 t his

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.

(2) (a) The person respons ible 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.