Kentucky HB 78: AN ACT relating to patient notification of mammogram results showing dense tissue. Create a new section of KRS 214.550 to 214.556 to require the provider of mammography services to provide information to a patient on breast density when appropriate; permit the Department for Public Health to provide updates to the definition of "dense breast tissue" if appropriate.

Bill Text

CHAPTER 177
Legislative Research Commission PDF Version

1
CHAPTER 177
( HB 78 )
AN ACT relating to firearms liability protections and declaring an emergency.
WHEREAS, the Protection of Lawful Commerce in Arms Act, 15 U.S.C. secs. 7901 to 7903, provides
essential protections to firearms manufacturers and sellers against certain lawsuits arising from criminal or unlawful
use of their products; and
WHEREAS, recent litigation has demonstrated attempts to circumvent the protections afforded by the law
through overly broad interpretations of the provided exceptions; and
WHEREAS, it is essential to ensure that firearms manufacturers and sellers are not unfairly held liable for the
criminal misuse of their lawfully sold, legal products by defining terms and identifying when a claim may proceed
under the laws of the Commonwealth of Kentucky;
NOW, THEREFORE,
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section:
(a) "Manufacturer" means any person engaged in the business of manufacturing a qualified product,
including any and all owners, directors, officers, and employees of a manufacturer;
(b) "Negligent entrustment":
1. Means the supplying of a qualified product by a seller for use by another person when the
seller knows, or reasonably should know, the person to whom the product is supplied is likely
to, and does, use the product in a manner involving unreasonable risk of physical injury to the
person or others; and
2. Does not include instances in which the harm was caused by a person who was not entrusted
with the qualified product directly by the seller;
(c) "Person" means any individual, corporation, company, association, firm, partnership, society, joint
stock company, or any other entity, including any governmental entity;
(d) "Proximate cause" means the requirement that the plaintiff was directly injured by the defendant's
allegedly unlawful conduct;
(e) "Qualified civil liability action":
1. Means a civil action or proceeding, or an administrative proceeding, or any claim asserted in
any action or proceeding, brought by any person against a manufacturer or seller of a
qualified product, or a trade association, for damages, including punitive damages, injunctive
or declaratory relief, abatement, restitution, fines, penalties, or any other relief, resulting
from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse,
alteration, or modification of a qualified product by the person or a third party, under any
theory of liability, including but not limited to statutory claims, or claims arising from tort or
contract; and
2. Does not include a claim:
a. Brought against a transferor convicted under 18 U.S.C. sec. 924(h), or a comparable or
identical state felony law, by a party directly harmed by the conduct of which the
transferee is convicted;
b. Brought against a seller for negligent entrustment or negligence per se;
c. In which a manufacturer or seller of a qualified product knowingly violated the Gun
Control Act, 18 U.S.C. sec. 921 et seq., the National Firearms Act, 26 U.S.C. sec. 5801
et seq., the Arms Export Control Act, 22 U.S.C. sec. 2778 et seq., or the Export Control
Reform Act of 2018, 50 U.S.C. secs. 4801 to 4852, or any equivalent state statute that is

ACTS OF THE GENERAL ASSEMBLY 2
intended to and exclusively does impose specific and concrete obligations on
manufacturers and sellers regarding the manner in which qualified products are
manufactured, distributed, or transferred to unlicensed persons, including the
obligations in KRS Chapters 237 and 527, and the violation was the sole proximate
cause of the harm for which relief is sought. This exception does not include claims
premised on nuisance or negligence, whether based in statute or common law;
d. For breach of contract or warranty in connection with the purchase of the product; or
e. For death, physical injuries, or property damage resulting directly from a defect in
design or manufacture of the product, when lawfully used as intended in a reasonably
foreseeable manner, except that where the discharge of the product was caused by a
volitional act that meets the elements of a criminal offense, then the act shall be
considered the sole proximate cause of any resulting death, personal injuries, or
property damage.
The exceptions enumerated in this subparagraph shall not be construed to be in conflict, and
this section shall not be construed to create a public or private cause of action, claim, or
remedy. The enumerated exceptions in this subparagraph shall be construed to limit the scope
of the claims available to the extent that they conflict with the statutory law or common law of
this Commonwealth;
(f) "Qualified product" means a firearm as defined in KRS 237.060, ammunition as defined in KRS
237.060, or a component part of, or an accessory intended for use with, a firearm or ammunition,
inc