In March of 2024, Kentucky recently became the first state to enact a law that limits criminal liability for mistakes made by healthcare providers. House Bill 159 passed in both the Kentucky House of Representatives and Senate and was signed into law in March 2024 by Governor Andy Beshear. The statute decriminalizes “acts and omissions relating to the provision of health services” made by health care providers. Although intentional, wanton, willful, malicious, and grossly negligent conduct may still be criminalized, simple mistakes are no longer grounds for criminal charges against health care providers.
Hundreds of Kentucky nurses demonstrated their support for the bill at the state House in Frankfort, Kentucky. The Kentucky Nurses Association (“KNA”) also endorsed the bill. House Bill 159 passed “without restriction through state lawmakers.” Teresa Villaran of the KNA stated “[t]his is a bill that will hopefully help [nurses] not be afraid to report errors because it’s important so we can fix whatever is causing those errors.” The bill’s supporters argue that the existing remedies of civil liability and administrative review, such as Kentucky’s licensing board, are sufficient to ensure mistakes are handled properly.
This law was influenced, in part, by the conviction of RaDonda Vaught. Vaught was working as a nurse in Tennessee when she mistakenly administered incorrect medication, unfortunately resulting in the death of a patient. The hospital where Vaught worked had set up an override to retrieve medications because the medication cabinets were frequently incorrect regarding which drugs were available. Vaught used this override and mistakenly retrieved a muscle relaxer, vecuronium, when she was looking for a sedative, Versed. Despite Vaught reporting her mistake as soon as she was aware of it, she was prosecuted for reckless homicide and ultimately convicted of the lesser included offense of criminally negligent homicide and neglect.
After Vaught’s conviction, many health care providers feared that self-reporting of medical mistakes would decrease out of fear of prosecution. Especially in a time where nurses are in high demand, disincentivizing the profession could carry grave consequences.
Kentucky’s new law aims to alleviate the worry of criminal liability for medical errors for those seeking to enter the nursing profession, and it encourages reporting errors when they occur. Intentional or grossly negligent misconduct may still result in criminal prosecution and civil remedies may still apply. However, simple medical mistakes no longer create criminal liability for healthcare providers. House Bill 159 effective July 15, 2024, and the full text can be found under Kentucky Revised Statutes 311.283.
