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To get an AED in Kentucky, you have to pay extra to a doctor. New bill aims to change that

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Kentucky lawmakers are revisiting language in a 24-year-old law that deals with automatic external defibrillators, or AEDs, to make the life-saving devices more accessible.

A year ago, viewers across the U.S. saw the power of an AED when it was used during a Monday Night Football game to save the life of a player.

House Bill 22, from Rep. Phillip Pratt, R-Georgetown, seeks to amend part of the existing AED law.

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The portion of the law not under revision provides immunity protection for AED users, known as a Good Samaritan Law. The portion targeted by HB22 deals with the required medical oversight of an AED by a licensed physician.

That’s the part of the law that may have kept small businesses and the public in Kentucky from more easily obtaining the devices for the last 24 years.

Questions about original law

Then-Rep. Jack Coleman, D-Harrodsburg, proposed House Bill 49, the original AED law, in the 2000 legislative session. AEDs were mostly known then as medical devices used in hospitals and ambulances.

AEDs are a Class-3 medical device, the highest grade, which means the highest regulatory burden under federal requirements. That’s likely why, sports medicine experts told The Courier Journal, the original law was put in place with physician oversight.

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The late Rep. Bob DeWeese, R-Louisville, questioned the medical oversight during a 2000 House Health and Welfare Committee hearing.

“Who is responsible for choosing that physician? Who funds this program?” DeWeese asked, hitting on two questions still pertinent today.

According to legislators and sports medicine experts recently interviewed by The Courier Journal, the physician language is now considered antiquated.

Athletic trainers, school nurses help schools meet law

A separate 2023 bill passed by the Kentucky legislature requires AEDs in schools, as funding becomes available.

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To comply with that law, Scott County athletic director DT Wells received a quote for an AED that included a $3,000 charge just for physician oversight.

“That’s $3,000 that could be invested instead in another AED,” Wells testified in January to the House’s Small Business & Information Technology Committee.

Scott County Schools declined to speak further with The Courier Journal about House Bill 22’s potential impact on schools.

A recent assessment by the Kentucky Department of Education shows more than 3,000 AEDs are in Kentucky public education settings.

Several schools contacted by The Courier Journal said they comply with the law by having their school nurse or athletic trainer, who reports to a physician, oversee maintenance.

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At least one AED company isn’t against the changes the new bill could bring.

“The way the law is currently written, it makes another reason why somebody won’t buy an AED and put it in a public place,” said AJ Pace, senior vice president of operations for Defibtech.

Currently, at least one-third of states have laws requiring medical oversight of AEDs, Pace said.

‘I should have checked before I ordered it’

As the CEO of a broadband cooperative that serves South Central Kentucky, Greg Hale deals regularly with regulations, especially from the Occupational Safety and Health Administration (OSHA).

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“I’ve had regulations and laws beaten in my head for 30 years,” he said from his office in Logan County.

One of OSHA’s requirements for the broadband industry is to train employees in CPR every two years. That safety training includes AEDs. In January 2020, the co-op, LTC Connect, purchased an AED for about $1,300.

“We took that step, and then it was, ‘Let’s deploy it,’” Hale said

Safer Sidelines The Courier Journal spent several months investigating sudden death in high school sports.

That’s when he learned about the unexpected cost of physician oversight. That oversight includes training and maintenance requirements, as well as the physician working with the AED site to establish protocols for the device’s use.

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“I should have checked before I ordered it,” he said of the state regulation. “But no one knew, not even our safety trainers.”

Hale said as the chair of the legislative committee of the Kentucky Rural Broadband Association, he tried to bring the issue to legislators and got nowhere.

Then, in January, Hale read an article in The Courier Journal about AEDs and sent an email.

“I think one hindrance in Kentucky is the Medical Oversight requirement,” Hale wrote to the newspaper. “It can be expensive to have a medical professional have oversight of the AED program for a small business that might want to purchase an AED, if you can even find a medical professional to help you.”

The Courier Journal took the concerns from Hale and more than a dozen sports medicine professionals regarding the physician oversight of an AED to the American Heart Association, who took them to Pratt.

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House Bill 22 includes training and maintenance requirements but without physician oversight. The bill quickly passed through the House unopposed and is waiting to be assigned to a Senate committee.

For Hale, this year could be the year the AED that has sat in a cabinet in his office for four years may finally hang in the office lobby, which sits about 13 miles from the nearest hospital in Russellville.

Stephanie Kuzydym is an enterprise and investigative sports reporter, with a focus on the health and safety of athletes. She can be reached at skuzydym@courier-journal.com. Follow her for updates at @stephkuzy.





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Kentucky

The Indiana game is a must-win for Kentucky, even in December

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The Indiana game is a must-win for Kentucky, even in December


One week ago, I wrote that Kentucky needed to show us something against Gonzaga. Unfortunately, it did, in a bad way. The Cats’ 35-point loss to the Bulldogs was their fourth to a ranked team this year. It was a performance so abysmal that the team got booed off the floor at halftime. Ever since, BBN has been in a tailspin, uncertainty about the program’s short-and long-term future hanging over the Bluegrass like a thick fog.

Kentucky has already gotten back in the win column, beating NC Central by 36 on Tuesday night; however, the true test of whether or not the Cats have reached rock bottom is Saturday vs. Indiana. The Hoosiers are 8-2, losing to Minnesota and Louisville last week. They rebounded from the 87-78 loss to the No. 6 Cards by routing Penn State 113-72 on Tuesday, thanks in large part to 44 points from Lamar Wilkerson, who picked Indiana over Kentucky out of the transfer portal this past April.

Both Kentucky and Indiana fell out of the AP and Coaches Polls this week, hovering near each other in the group of “others receiving votes.” KenPom ranks Kentucky No. 20 and Indiana No. 21. It gives the Cats a 4-point edge in Saturday’s game, while BetMGM goes a half-point higher at 4.5.

Thank goodness this one’s at Rupp because it’s a must-win, in more ways than one.

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Resume

Let’s start with the most basic: the schedule. It may feel premature to start worrying about the NCAA Tournament, but we’re 10 games in, one-third of the way through the regular season, and Kentucky still doesn’t have a good win, going 0-4 in said opportunities. The highest-ranked team the Cats have beaten so far is Valparaiso, which ranks No. 191 in the NET rankings. All of Kentucky’s wins are in Quad 4, all of its losses in Quad 1. Quad 1 losses don’t hurt you a ton, but at some point, you have to pick up some meaningful wins to offset them.

The Cats have two more chances to pick up a Quad 1 win before SEC play begins: vs. Indiana and St. John’s. Over half of Kentucky’s conference games are in Quad 1; before starting that gauntlet, we need to see that the Cats are capable of winning one. Of the two coming up, beating Indiana in Rupp feels more manageable than Mark Pope taking down his old coach, Rick Pitino, and St. John’s next weekend in Atlanta.

Lamar Wilkerson

Much has been said about Kentucky’s struggles with recruiting this week. Most of that conversation has centered around high school recruiting, not the transfer portal, but Lamar Wilkerson is one of the biggest portal targets Mark Pope missed on this past offseason. Kentucky felt so good about landing him that Mark Pope took him to the winner’s circle at Keeneland. Instead, Wilkerson went to Indiana, the Hoosiers sweetening the pot at the last minute.

On Tuesday, Wilkerson set an Indiana record with 10 three-pointers in the win over Penn State. He is averaging 18.8 points and 3.5 made threes per game this season. There were other whiffs for Pope and his staff during the offseason, but Wilkerson will take center stage at Rupp tomorrow night, at a time when Kentucky’s $22 million team is the laughing stock of college basketball.

Please don’t let him get hot.

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Fan fatigue

You don’t need me to tell you BBN is unhappy. The boos in Nashville were ugly proof of the unrest in the fanbase now. Concerns about recruiting and the school’s partnership with JMI, as outlined by Jacob Polacheck and Jack Pilgrim earlier this week, aren’t helping. Mark Pope struck a different tone on Tuesday night, using his bench to send messages to Kam Williams, Jaland Lowe, and Brandon Garrison, and biting back anger afterward as he talked about how his team continues to fall short of the standard. On the player side, Otega Oweh seemed to step up as a leader, scoring a season-high 21 points and insisting all is well in the locker room during interviews, one of which took place with his teammates surrounding him.

On Saturday, we get to see if those baby steps of progress are enough to avoid a fifth loss. Kentucky has already lost one home game this season, last week vs. North Carolina. Given all that’s happened since, there might be boos if the Cats pick up a second tomorrow night.

Fear of becoming Indiana

Indiana used to be one of Kentucky’s biggest rivals; for fans of a certain age, the Hoosiers may still be. Over the past 20 or so years, Indiana has faded to irrelevance. The Hoosiers haven’t gone to a Final Four since 2002. There’s a reason they put Christian Watford’s buzzer-beater vs. Kentucky in 2011 on a popcorn box; they haven’t had much else to celebrate.

As Kentucky fans, we’ve made our fair share of jokes about Indiana, but it’s not quite as funny now that the Cats haven’t gone to the Final Four in a decade, won an SEC regular-season championship since 2019-20, or an SEC Tournament title since 2017-18. For all our hopes that Mark Pope would be the one to turn it around, Kentucky still hasn’t won a big game this season. As Mark Story outlined in the Herald-Leader, Kentucky could be on the path to becoming the next Indiana, which makes Saturday’s game even bigger. With this being the first game in a four-year series, it could be an annual reminder if things keep trending in this direction.

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So, please, Kentucky, win this basketball game. You can make it my early Christmas gift.



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Kentucky lawmaker introduces federal bill to fight pharmacy benefit managers

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Kentucky lawmaker introduces federal bill to fight pharmacy benefit managers


WASHINGTON, D.C. — A Kentucky lawmaker is taking the fight for pharmacists to Washington.

Representative James Comer introduced the Pharmacists Fight Back Act on Thursday.

Kentucky already has a similar law in place that WKYT Investigates’ Kristen Kennedy has been following as the state works to get the law enforced.

Kentucky pharmacists may now get help on the federal level.

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“Rarely does a day go by without hearing from my constituents in Kentucky who are struggling under the weight of soaring prescription drug costs,” Comer said. “The questions I’m consistently asked are, ‘why? Who is benefiting from the system? Why isn’t it patients?’ My response is the same each time. It’s the PBMs.”

Federal bill targets pharmacy benefit managers

Comer says pharmacy benefit managers have outgrown their role in healthcare. State legislators agreed when they passed Senate Bill 188 last year. The law was supposed to increase reimbursement rates for pharmacies and keep PBMs from steering patients to affiliated pharmacies.

The regulations are similar to what Comer wants to do on a federal level.

“Our oversight investigation, which culminated in a report last year with our findings and recommendations, found PBMs have largely operated in the dark,” Comer said. “PBMs have abused their positions as middlemen to line their own pockets by retaining rebates and fees, undermine our community pharmacists and pass along costs to patients at the pharmacy counter. It’s unacceptable, and Congress has a responsibility to act.”

If the act becomes law, it would affect pharmacies across the U.S.

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Pharmacists in Kentucky are already seeing some advantages with the regulations placed on pharmacy benefit managers, but their biggest complaint is that the law isn’t being enforced.

That could change if the federal government gets involved. The Kentucky Pharmacists Association thinks Frankfort has a responsibility to act on the PBM law that passed in the state. They’re still asking the governor to make sure the Department of Insurance is enforcing the law in place.

Stay informed on investigations like this by checking out our WKYT Investigates page at wkyt.com/investigates.



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Several people hurt in Western Kentucky Parkway multi-car accident, officials say

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Several people hurt in Western Kentucky Parkway multi-car accident, officials say


MUHLENBERG, Ky. (WFIE) – Kentucky officials says there are multiple people injured in a three-car accident on Western Kentucky Parkway.

According to a post made by the Central City Fire Department, three vehicles were involved in a crash between the 64 and 65 mile markers eastbound of the parkway.

They say both the eastbound and westbound lanes are closed at this time. The closure should last around 3 hours.

Two people were extricated from a vehicle. Four adults and three juveniles are being taken to the hospital. No update has been given on their conditions.

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They say a mass casualty incident was declared, and Ohio County Fire and EMS were called to the scene due to the number of patients.

We will update you when we learn more.

Several people hurt in Western Kentucky Parkway multi-car accident, officials say(Central City Fire Department)



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