An act relating to veteran treatment for post-traumatic stress disorder., the official text

UNOFFICIAL COPY                                                      26 RS HB 369/GA

1   AN ACT relating to veteran treatment for post-traumatic stress disorder.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 217.930 is amended to read as follows:

4 As used in KRS 217.930 to 217.942:

5 (1) "Eligible patient" means a veteran who meets the requirements of KRS 217.934;

6 (2) "Health care provider" means a licensed physician, a licensed advanced practice

7   registered nurse, or a licensed physician assistant;

8 (3) "Health facility" has the same meaning as in KRS 216B.015;

9 (4) "Hyperbaric oxygen therapy" or "HBOT" means inhalation of one hundred percent

10  (100%) oxygen in a total body chamber, where atmospheric pressure is increased

11  and controlled, applicable to the prevention, treatment, or cure of a disease or

12  condition of human beings;

13 (5) "Post-traumatic stress disorder" means a mental health condition caused by an

14  extremely stressful or terrifying event that is diagnosed by a qualified mental

15  health care provider using criteria as set out in the most recent edition of the

16  American Psychiatric Association's Diagnostic and Statistical Manual of Mental

17  Disorders;

18 (6) "Traumatic brain injury" has the same meaning as in KRS 211.470;

19 (7)[(6)] "Veteran" has the same meaning as in KRS 40.010; and

20 (8)[(7)] "Written informed consent" means a written document that meets the

21  requirements of KRS 217.936.

22  Section 2. KRS 217.934 is amended to read as follows:

23 A veteran shall be an eligible patient for hyperbaric oxygen therapy if he or she has:

24 (1) A diagnosis of traumatic brain injury or post-traumatic stress disorder that is

25  attested to by the patient's treating health care provider;

26 (2) A prescription for hyperbaric oxygen therapy written by his or her treating health

27  care provider; and

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    UNOFFICIAL COPY                                              26 RS HB 369/GA

1 (3) Given written informed consent for the use of HBOT in accordance with KRS

2   217.936.

3   Section 3. KRS 217.936 is amended to read as follows:

4 (1) A veteran or a veteran's legal guardian shall provide written informed consent for

5   treatment with hyperbaric oxygen therapy in order to receive HBOT to treat

6   traumatic brain injury or post-traumatic stress disorder.

7 (2) At a minimum, the written informed consent shall include:

8   (a) An explanation of the currently approved products and treatments for the

9   traumatic brain injury or post-traumatic stress disorder from which the

10  veteran suffers;

11  (b) A description of the potentially best and worst outcomes of using hyperbaric

12  oxygen therapy and a realistic description of the most likely outcome;

13  (c) A statement that the veteran's health plan or third-party administrator and

14  provider shall not be obligated to pay for any care or treatments consequent to

15  the use of hyperbaric oxygen therapy unless they are specifically required to

16  do so by law or contract; and

17  (d) A statement that the veteran understands that the patient shall be liable for all

18  expenses related to the use of hyperbaric oxygen therapy.

19 (3) The description of potential outcomes required under subsection (2)(b) of this

20  section shall:

21  (a) Include the possibility that new, unanticipated, different, or worse symptoms

22  may result and that the proposed treatment may hasten death; and

23  (b) Be based on the treating health care provider's knowledge of the proposed

24  treatment in conjunction with an awareness of the veteran's condition.

25 (4) The written informed consent shall be:

26  (a) Signed by:

27  1. The veteran; or

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   UNOFFICIAL COPY                                          26 RS HB 369/GA

1  2. A legal guardian, if a guardian has been appointed for the veteran; and

2  (b) Attested to by the veteran's treating health care provider and a witness.

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   HB036910.100 - 806 - XXXX 2/6/2026 9:53 AM                                     GA