AN ACT relating to hospital emergency departments.

2026 Regular Session Introduced by Mark Hart

Hospitals must have a Kentucky-licensed, board-certified or eligible emergency physician on site and on duty at all times the ED is open, responsible for ED operations.

to Health Services (H)

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Summary of HB 107 (2026RS) — Kentucky

Purpose and intent

HB 107 establishes a new requirement for hospitals that offer emergency medical services (EMS) within Kentucky. The core aim is to ensure continuous, physician-led leadership in hospital emergency departments (EDs) by mandating on-site, on-duty physicians who are licensed in Kentucky and specialized in emergency medicine.

Key provisions

Creation of a new section under KRS Chapter 216B establishing the requirement.

Hospital ED staffing standard:

The ED must have at least one physician on site and on duty at all times when the ED is open.
The physician must be licensed in Kentucky.
The physician must be board certified or board eligible in emergency medicine.
The physician must be responsible for the ED at all times the ED is open (i.e., clinical leadership and accountability reside with this physician during operating hours).

Who is affected

Hospitals in Kentucky that offer emergency medical services.

Specifically, ED leadership and staffing, as the on-site physician must provide continuous supervision and be the responsible physician during ED operations.

Procedural and timeline aspects

The bill creates a new statutory requirement to be implemented by hospitals if enacted.

It designates the responsible physician duty to align with ED hours of operation.

Action history indicates introduction in the 2026 session and referral to Health Services committee for consideration.

Potential impacts (contextual)

Ensures consistent physician leadership in EDs, potentially affecting staffing models, credentialing processes, and on-call coverage.

May influence hospital operating costs due to the requirement of guaranteeing a board-certified/board-eligible emergency medicine physician on site at all times the ED is open.

Could affect patient access and triage/clinical governance by clarifying accountability and on-site supervision for emergency care.

Notes

The text specifies “on site and on duty” and “responsible for the emergency department at all times the emergency department is open,” underscoring continuous physician presence during operating hours.

No additional funding mechanisms or enforcement provisions are included in the excerpt provided; further detail would appear in committee hearings or the full bill language.