KRS 39A.260: Mutual aid agreements with other states -- Workers' compensation.

(1) The division may enter into agreements with other states with regard to mutual aid

for routine provision of emergency management services or for mutual aid during

times of emergency or disaster, or any combination of these.

(2) Kentucky emergency managemen t personnel, either working for the state or local

government or affiliated with the state or a local government, paid or volunteer,

shall, to the extent provided by the law of the host state, have the same rights and

privileges as they have in Kentucky.

(3) Emergency management personnel, either working for the state or a local

government or affiliated with the state or a local government of another state, paid

or volunteer, shall, to the extent provided by Kentucky law, have the same rights

and privileges as do Kentucky emergency management personnel working for the

state or local government or affiliated with the state or a local government, whether

paid or volunteer. This provision shall not apply to the provision of peace officer

services, unless approv ed in writing by the Governor, or the General Assembly, as

appropriate for the specific incident.

(4) Kentucky emergency management-provided workers' compensation shall apply to a

state or local emergency management agency worker, paid or volunteer, or wor ker

in an operating unit officially affiliated with the division, or worker in a local

emergency management agency-supervised operating unit officially affiliated with a

local disaster and emergency services organization pursuant to KRS 39B.070, who

is ser ving in another state pursuant to an agreement consummated under this

section.

(5) An emergency management worker from another state, paid or volunteer, who is

working for or affiliated with the state emergency management agency and who is

serving in Kentucky pursuant to an agreement consummated under this section may

be accorded Kentucky emergency management workers' compensation coverage by

action of the director.

(6) The provisions of subsections (4) and (5) of this section shall not apply to hazardous

materials emergency response operations defined in 29 C.F.R. 1910.120 which are

above the first -responder operations level, on -scene incident commander level

excluded.

(7) An emergency management worker from another state, paid or volunteer, who is

working for the state emergency management agency or a local emergency

management agency or a worker in an organization affiliated with the state or local

emergency management agency of another state who holds license or certification

from the worker's state to practice a profession, or paraprofessional activity, or other

activity for which a license or certification is required to practice that activity in

Kentucky shall be, for the period of that work, under an agreement consummated

pursuant to this chapter, cons idered as properly licensed or certified in Kentucky to

perform the services granted by the worker's license or certification. The worker

shall, however, while in Kentucky, be subject to discipline by the appropriate

Kentucky licensing or certifying agency for acts of misconduct or negligence which

are committed in Kentucky.

(8) City, county, urban -county, or charter county emergency management agencies in

Kentucky may make written agreements with similar local emergency management

agencies in adjoining sta tes if the agreements are submitted to the state emergency

management agencies of both states and are approved in writing by the directors of

both agencies. Agreements pursuant to this section shall be subject to the same

rights and privileges as state agr eements under this section, but shall be limited to

two (2) years, unless renewed by submission of a new agreement for approval.

(9) The provisions of this section shall be subject to the provisions of all applicable

federal law.