Title 17 KAR — Department of Veterans' Affairs

Chapter 1 Tuition Waiver Program

17 KAR 1:030 Nurse Loan Repayment Program {#sec-17-kar-1-030 omnilex-key=us-ky-regs-official--title-17--17 KAR 1:030}

Section 1. Definitions.

(1) "Full-time" means working at least a forty (40) hour work week every week of the year, except for authorized and approved leave and holidays as established in KRS 18A.190.

(2) "Licensed practical nurse" is defined by KRS 314.011(9).

(3) "Registered nurse" is defined by:

(a) KRS 314.011(5); and

(b) Does not include nurse practitioners.

(4) "Satisfactory employment" means employment in which the applicant does not have disciplinary or corrective actions during the year being certified and in which the applicant is not currently on a performance improvement plan at the time the application is submitted.

Section 2. Eligibility Requirements. To be eligible to apply for the program, an applicant shall:

(1) Have a current Kentucky license as a registered nurse (RN) or as a licensed practical nurse (LPN);

(2) Be currently employed as an RN or LPN on a full-time basis at a Kentucky Department of Veterans Affairs' state veteran nursing home;

(3) Be a classified employee with status under KRS Chapter 18A; and

(4) Have completed at least one (1) year of full-time, satisfactory employment performance as an RN or LPN at a KDVA's state veteran nursing home in the year preceding the application.

(5) If applying for loan repayment more than once, each application shall be consecutive to the prior application up to a maximum of four (4) consecutive applications and up to a maximum loan repayment for four (4) successful, consecutive applications of no more than $40,000.

(6) An applicant shall not have other unsatisfied contractual service obligations upon completing the Contract Between Nurse Loan Repayment Applicant and the Kentucky Department of Veterans Affairs.

(7) An applicant shall not have an active military obligation.

Section 3. Application Process. Each eligible applicant shall complete a Veterans Affairs Nurse Loan Repayment Program (VANLRP) Application and submit:

(1) The Veterans Affairs Nurse Loan Repayment (VANLRP) Application;

(2) Documentation required to be attached to the Veterans Affairs Nurse Loan Repayment (VANLRP) application, including:

(a) A professional experience narrative;

(b) Educational loan debt information; and

(c) A copy of a current, valid Kentucky Nursing License;

(3) One (1) copy of the KRS Chapter 18A annual performance evaluation, if any, which the applicant received for the immediate prior calendar year.

Section 4. Selection Process.

(1) The selection panel shall consist of the executive director of the Office of Kentucky Veterans Centers (OKVC), the deputy executive director of OKVC, and the administrator of the state veterans nursing home where the applicant is employed.

(2) Criteria for selection shall include:

(a) Availability of funding;

(b) The work performance of the applicant compared to other applicants; and

(c) The needs for additional nurses at the applicant's state veteran nursing home compared to the needs of the other state veterans nursing homes.

Section 5. Award Process.

(1) Upon the selection panel awarding an applicant a loan repayment, the Commissioner of the Kentucky Department of Veterans Affairs shall issue an Award Letter to the applicant.

(2) The Award Letter shall state the amount of loan repayment of up to twenty-five (25) percent of the applicant's loan balance up to a maximum of $10,000 per application year.

(3) KDVA and the applicant shall enter into a binding contract stating the terms of the loan repayment on the Contract Between Nurse Loan Repayment Applicant and the Kentucky Department of Veterans Affairs document.

(4) OKVC shall notify the Kentucky Higher Education Assistance Authority to implement the repayment and the Personnel Cabinet to process the taxable amount through employee payroll.

Section 6. Appeals. Denial by the selection panel shall not be considered a sanction and shall not be appealable.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Contract Between Nurse Loan Repayment Applicant and the Kentucky Department of Veterans Affairs", 2024;

(b) "Veterans Affairs Nurse Loan Repayment Program (VANLRP) Application", 2024; and

(c) "Award Letter", 2024.

(2) This material may be inspected, copied, or obtained at the Kentucky Department of Veterans Affairs, 1111 Louisville Road, Suite B, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 18A.190, 40.320, 314.011
• STATUTORY AUTHORITY: KRS 40.325(2), 40.327
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.325(2) authorizes state veterans' nursing homes. KRS 40.327(1) and (5) requires the Department of Veterans' Affairs (KDVA) and the Kentucky Higher Education Assistance Authority (KHEAA) to create a Veterans' Affairs Nurse Loan Repayment Program (VANLRP) for registered nurses and licensed practical nurses within the Department's employ. KRS 40.327(6) requires administrative regulations necessary to operate this program. This administrative regulation establishes the eligibility requirements, the application process, the selection criteria, and the award process for the Nurse Loan Repayment Program.
• History: 017 KAR 001:030. 46 Ky.R. 3061, 47 Ky.R.521; eff. 11-19-2020; 51 Ky.R. 1490, 1845; eff. 6-25-2025.

17 KAR 1:040 Application requirements for tuition waiver programs related to veterans {#sec-17-kar-1-040 omnilex-key=us-ky-regs-official--title-17--17 KAR 1:040}

Section 1. Definition. "Honorable discharge" means a discharge from service in the Kentucky National Guard or a branch of the U.S. Armed Forces that is:

(1) Classified as:

(a) Honorable; or

(b) General under honorable conditions; and

(2) Not classified as:

(a) Other than honorable;

(b) Bad conduct;

(c) Dishonorable; or

(d) Dismissed by court-martial.

Section 2. Application.

(1) An applicant for tuition waiver pursuant to KRS 164.505, 164.507, 164.512, or 164.515 shall submit the "Kentucky Department of Veterans Affairs Tuition Waiver Application" to the department.

(2) In addition to the requirements in subsection (1) of this section, an applicant for tuition waiver pursuant to KRS 164.505, 164.507, or 164.515, who is the stepchild of a veteran, shall submit to the department the sworn "Affidavit of Membership in the Veteran's Household" to document that the stepchild is a current member of the living veteran's household or was a member of the veteran's household at the time of the veteran's death.

Section 3. Certification.

(1) An applicant for tuition waiver shall be issued a "Certificate of Entitlement to Waiver of Tuition" from the department if the department determines that the applicant qualifies for the tuition waiver.

(2) If the applicant does not qualify for the tuition waiver, the department shall notify the applicant in writing of the reasons for the denial.

Section 4. Extension Request.

(1) An applicant for extension of tuition waiver benefits who is under the age of twenty-six (26) and whose tuition waiver certificate expired at age twenty-three (23) shall submit to the department the "Application for Extension of Tuition Waiver Benefit".

(2) An applicant for extension of tuition waiver benefits whose tuition waiver certificate expired after thirty-six (36) months of benefits shall submit to the department the "Application for Extension of Tuition Waiver Benefit".

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Department of Veterans Affairs Tuition Waiver Application", KDVA Form TW 1, April 2020;

(b) "Affidavit of Membership in the Veteran's Household", KDVA Form TW 3, September 2011;

(c) "Certificate of Entitlement to Waiver of Tuition", KDVA Form TW 2, May 2007.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Veterans Affairs, Attention: Tuition Waiver Coordinator, 1111B Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 164.505, 164.507, 164.512, 164.515
• STATUTORY AUTHORITY: KRS 164.479(2)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.479(2) requires the Kentucky Department of Veterans Affairs to promulgate administrative regulations regarding the eligibility of applicants to participate in tuition waiver programs. This administrative regulation establishes the application requirements for these programs.
• History: 47 Ky.R. 597, 1188; eff. 3-2-2021.

Chapter 3 State Veteran's Nursing Home

17 KAR 3:020 Charges for room and board, goods, and services at state veterans' nursing homes {#sec-17-kar-3-020 omnilex-key=us-ky-regs-official--title-17--17 KAR 3:020}

Section 1. Definitions.

(1) "Ancillary services" means services for which a separate charge is customarily made. Ancillary services include, for example, physical therapy, occupational therapy, speech therapy, laboratory procedures, x-ray services, oxygen services, optometry services, podiatry services, dentist services, audiology services, and pharmacy goods and services.

(2) "Non-routine goods or services" mean those that are directly identifiable with an individual resident and which are not customarily intended for use by all residents including such things as transportation, special activities, cable television services, pay-per-view channels, private or personal phone service, hospitalization, ambulance services, hearing aids, dentures, cosmetology or beautician services (other than basic haircuts), orthotic devices, and specialty care and equipment.

(3) "Nursing facility" means a state veterans' home (SVH) operated by the Kentucky Department of Veterans Affairs.

(4) "Private pay" means residents who pay for their nursing home care out of personal funds.

(5) "Private room" means a room in a state veterans' home that was not built in accordance with the federal VA's community living center or small house design requirements, VHA Handbook, Section 1142.01, or Small House Model design guide, and does not have a roommate.

(6) "Resident" means a Kentucky veteran admitted to a state veterans' nursing facility.

(7) "Room and board" means the room, dietary services, social services, nursing services, basic laundry services, the use of equipment and facilities, and routine medical and surgical supplies.

(8) "Routine goods or services" mean those which are not identifiable to a particular individual resident, but which are used by all residents.

(9) "Semi-private room" means a room in a state veterans' home that was not built in accordance with the federal VA's community living center or small house design requirements, VHA Handbook, Section 1142.01, or Small House Model design guide, and does have a roommate.

(10) "Suite" means a private suite with a private bathroom including a shower that was built in accordance with the federal VA's community living center or small house design requirements, VHA Handbook, Section 1142.01, or Small House Model design guide.

Section 2. Charges at State Veterans Nursing Homes.

(1)

(a) The private pay rate for room and board at a state veterans' nursing facility shall be established by each facility based on the total cost of care, community rates, and available revenue sources.

(b) Any change to a facility's charges for room and board, goods, or services shall require advance notification in accordance with 42 C.F.R. Part 483, Subpart B– 483.10(g)(18)(ii).

(c) There shall be a separate and distinct charge for a semi-private room, a private room, and a suite.

(2) The total monthly charge for a private pay resident shall be:

(a) The applicable private pay rate for room and board;

(b) Any charge for non-routine goods or services; and

(c) Any charge for ancillary services.

Section 3. Computation of Room and Board Charges.

(1) The monthly charge for a Medicaid qualified resident shall be established by the Kentucky Department of Medicaid services in accordancewith 907 KAR 1:006. All items and services considered by the Medicaid program to be non-covered as defined in 907 KAR 1:022, that were provided to Medicaid residents during any period of a covered stay, may be billed to the resident or another payer.

(2) If a veteran meets the requirements established in 38 U.S.C. 1745(a) for a service-connected disability, the veteran shall not be charged for any room and board, goods, or services.

(3) The monthly charge for a Medicare recipient qualifying for skilled services shall be the applicable co-payments as established by the Centers for Medicare and Medicaid services in 42 C.F.R. Part 413.

(4) A late fee of six (6) percent per annum may be assessed on any unpaid balances.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) U.S. Department of Veterans Affairs, "VHA Handbook, Section 1142.01", August 13, 2008; and

(b) U.S. Department of Veterans Affairs, "Small House Model design guide", January 2017.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Kentucky Veterans Centers, Kentucky Department of Veterans Affairs, 1111B Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the U.S. Department of Veterans Affairs Web site at https://www.va.gov/vhapublications/index.cfm.

History

• RELATES TO: KRS 40.320, 40.325, 38 U.S.C. 1745(a), 42 C.F.R. Parts 413, 483
• STATUTORY AUTHORITY: KRS 40.325(3)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.320 identifies the Commonwealth's duty to provide for the well-being of elderly and disabled veterans within state veterans' nursing homes. KRS 40.325(3) authorizes the Department of Veterans' Affairs to promulgate any administrative regulations necessary to operate the homes in compliance with applicable state and federal statutes and regulations. This administrative regulation establishes the methodology for establishing charges for room and board, goods, and services at state veterans' nursing homes.
• History: 33 Ky.R. 1466; Am. 1787; eff. 2-2-2007; 35 Ky.R. 11; 611; eff. 12-4-2008; 38 Ky.R. 1460; eff. 5-4-2012; 44 Ky.R. 548, 902; eff. 12-1-2017; Cert eff. 8-7-2020; 49 Ky.R. 1469, 1898; eff. 6-21-2023.

17 KAR 3:042 Eligibility requirements for state veterans' nursing homes {#sec-17-kar-3-042 omnilex-key=us-ky-regs-official--title-17--17 KAR 3:042}

Section 1. Eligibility Requirements.

(1) Except as provided in subsection (2) of this section, to be admitted to a Kentucky Veterans' Center, a person shall:

(a) Be a veteran;

(b) Be disabled by reason of disease, wounds, or age, or otherwise be in need of nursing care;

(c) Be a Kentucky resident as of the date of admission to a Kentucky Veterans' Center; and

(d) Have a military discharge that is not of a dishonorable nature.

(2) A person shall not be eligible for admission if the person has needs that cannot be met by the Veterans' Center.

History

• RELATES TO: KRS 40.320, 40.325
• STATUTORY AUTHORITY: KRS 40.325(3)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.320 authorizes the establishment of state veterans' nursing homes. KRS 40.325(3) authorizes the Department of Veterans' Affairs to promulgate any administrative regulations necessary to operate the homes in compliance with applicable state and federal statutes and regulations. This administrative regulation establishes the eligibility requirements for admission into state veterans' nursing homes.
• History: 017 KAR 003:042. 51 Ky.R. 1825; 52 Ky.R. 82, 169; eff. 11-4-2025.

17 KAR 3:050 Drug testing procedures at Kentucky Department of Veterans Affairs state Veterans nursing homes {#sec-17-kar-3-050 omnilex-key=us-ky-regs-official--title-17--17 KAR 3:050}

Section 1. Definitions.

(1) "Administrator" means the person in charge of a Kentucky Veterans Center, or that person's specific designee.

(2) "Applicant" means an individual seeking employment in a test-designated position at a facility operated by the department.

(3) "Appointing authority" means the Commissioner, Kentucky Department of Veterans Affairs, or the Commissioner's designee.

(4) "Controlled substance" is defined in KRS 218A.010.

(5) "Confirmatory test" means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

(6) "Department" means the Kentucky Department of Veterans Affairs.

(7) "Donor" means the individual from whom a urine specimen is collected.

(8) "Drug" is defined in KRS 218A.010.

(9) "Initial test" or "screening test" means an immunoassay test to eliminate negative urine specimens from further consideration and to identify the presumptively positive specimens that require confirmation or further testing.

(10) "Kentucky Veterans Center" means a state veterans nursing home operated by the Kentucky Department of Veterans Affairs.

(11) "On duty" means being engaged in, or on-call to be engaged in, the performance of work responsibilities for the employer.

(12) "Reasonable suspicion" means the quantity of proof or evidence, based on specific, objective facts and rationally-derived inferences from those facts about the conduct of an individual that would lead a reasonable person, based upon his or her training or life experiences, to suspect that a KDVA employee has been using illegal drugs, controlled substances, prescription or nonprescription medication, or alcohol in violation of this administrative regulation.

(13) "Refusal to submit to a drug test" means the following:

(a) Failing to provide an adequate urine sample without an adequate medical explanation;

(b) Engaging in conduct that obstructs the testing process; or

(c) Refusing to be tested.

(14) "Sample" means a representative portion of a urine specimen or quality control sample used for testing.

(15) "Serious work accident" means any on-duty accident or incident resulting in personal injury or death to any person.

(16) "Specimen" means the portion of urine that is collected from a donor.

(17) "Support services" means positions that do not provide direct resident or child care and includes employees in the fields of maintenance, dietary services, social services, recreational services, and administrative services.

(18) "Test-designated employee" means an individual employed at a KDVA Veterans Center who provides care, treatment, or support services to a resident of the facility.

Section 2. Applicability.

(1) The Department shall develop and implement test-designated employee drug testing procedures subject to the approval of the appointing authority.

(2) This administrative regulation applies to test-designated position applicants and test-designated position employees.

(3) This administrative regulation applies to drug testing conducted under the authority of KRS 40.325 to carry out the requirements of 18A.043 and 41 U.S.C. 701-707 regarding a drug-free workplace.

(4) Coordination of state and federal administrative regulations. This administrative regulation shall also apply to an employee subject to mandatory federal regulations governing drug testing. However, the employee is subject only to the provision of the federal regulation in any circumstance in which:

(a) It is not possible to comply with both this administrative regulation and the federal regulation; or

(b) Compliance with this administrative regulation is an obstacle to the accomplishment and execution of any requirement of the federal regulation.

Section 3. Prohibited Behavior. The following activities are prohibited while on duty or on KDVA Veteran Center grounds:

(1) The unlawful manufacture, distribution, sale, dispensation, possession, or use of any controlled substance;

(2) Consuming or being under the influence of illegal drugs, drugs illegally obtained, or alcoholic substances;

(3) The use, misuse, or abuse of prescription or non-prescription medication in a quantity sufficient to impair a test-designated employee's ability to perform assigned duties or in any way place patient or fellow employee safety at risk; or

(4) Interfering with any testing procedure or tampering with any test sample.

Section 4. Testing of Test-Designated Employees.

(1) An applicant for a test-designated position, as a condition of continued employment, shall be subject to a drug test as provided in this administrative regulation.

(2) The Department shall establish and have operational the test-designated employee drug testing procedures as provided in this administrative regulation within 120 days of the effective date of this administrative regulation.

(3) Tests authorized. The following tests shall be authorized:

(a) Reasonable suspicion testing. A test-designated employee shall submit to a drug test if there is reasonable suspicion that the employee has violated this administrative regulation.

(b) Pre appointment testing. An applicant being considered for a test-designated position shall submit to and pass a drug test prior to being appointed to the position.

(c) Post accident testing. A test-designated employee shall submit to a drug test if there is evidence that the test-designated employee may have caused or contributed to a serious work accident.

(d) Random drug testing: A test-designated employee shall submit to a drug test if the employee is selected as part of the random drug testing component of the KDVA Drug Testing Program.

1. The appointing authority may direct that up to twenty-five (25) percent of the total number of test-designated employees per each KDVA Veterans Center be selected for drug testing each year.

2. Selection shall be done on a purely random basis according to drug testing procedures adopted within 120 days of the effective date of this regulation.

3. Should a test-designated employee be randomly selected more than once per year, that employee shall not be tested if the immediate previous testing of that person took place within sixty (60) days of the new random selection date.

(e) Follow-up testing. A test-designated employee shall submit to up to three (3) follow-up drug tests per year at the direction of the appointing authority within one (1) year of any of the following occurrences:

1. The employee's voluntary disclosure of drug problems;

2. Entry into, or completion of a drug rehabilitation program;

3. Employee failure in a pre-appointment drug test or refusal to take a pre-appointment drug test; or

4. Any time the employee has been disciplined for violating this regulation.

Section 5. Penalties.

(1) Positive test results.

(a) A positive test result shall constitute a violation of this administrative regulation and shall constitute just cause for the appointing authority to discipline the donor, up to and including dismissal, according to applicable laws, regulations, and policies.

(b) The appointing authority shall notify the donor, in writing, of the penalty that may be imposed, including any mandatory penalties, for violating this administrative regulation.

(c) An appointing authority shall immediately remove a test-designated employee from the employee's duties if the employee tests positive for prohibited drugs or otherwise violates this administrative regulation.

(2) Employees selected for a test-designated position. An employee selected for a test-designated position is prohibited from serving in the test-designated position until the employee has submitted to and passed a pre-appointment drug test. If the employee fails or refuses to submit to the drug test, interferes with a test procedure, or tampers with a test sample, the following shall occur:

(a) An applicant not presently employed by the Commonwealth shall not be appointed to the test-designated position;

(b) An applicant who is employed by the Commonwealth, but is being considered for promotion to or otherwise appointment to the test-designated position, shall not be promoted or otherwise appointed to that position; or

(c) An applicant who is employed by the Department, who fails or refuses to submit to the drug test, shall be subject to disciplinary actions for the failure or refusal.

(3) Self-reporting. A test-designated employee who voluntarily discloses to the appointing authority a problem with drug abuse (controlled substances, illegal substances, or alcohol abuse) shall not be disciplined for the disclosure if it occurs prior to submitting to a drug test authorized by Section 4(3)(a) through (d) of this administrative regulation (pre appointment, reasonable suspicion, post-accident, or random), but shall be provided an opportunity to take leave to enter a drug rehabilitation program.

(a) If a test-designated employee self-reports drug abuse as stated in this subsection, the appointing authority may remove the employee from the care of residents and of children upon receiving the report from the employee.

(b) A test-designated employee may self-report and avoid disciplinary action only once during his or her employment.

(c) A self-reporting employee remains subject to all drug testing requirements and other requirements outlined in this regulation.

(4) Federal drug testing programs. Nothing in this administrative regulation shall preclude the appointing authority from implementing a drug-testing program required by federal law.

Section 6. Drugs Included.

(1) When a drug test is administered, the department shall, at a minimum, test for:

(a) Marijuana;

(b) Cocaine;

(c) Opiates;

(d) Amphetamines;

(e) Phencyclidine;

(f) Morphine;

(g) MDMA (Ecstasy);

(h) Methadone;

(i) Benzodiazepines;

(j) Barbiturates; and

(k) Oxycodone.

(2) If conducting reasonable suspicion or post-accident drug testing, the department may test for any drug listed in Schedule 1 or 2 as defined in KRS Chapter 218A.

(3) Before the department tests for other drugs, it shall first obtain approval from the appointing authority.

(4) The department or contract agency requesting approval for the testing of other drugs shall submit to the appointing authority the agency's proposed initial test methods, testing levels, and proposed performance test program.

(5) This administrative regulation shall not limit an agency that is specifically authorized by law to include additional categories of drugs in the drug testing of its own employees.

(6) Initial and confirmatory drug testing conducted pursuant to this administrative regulation shall utilize cutoff levels as specified in the federal "Mandatory Guidelines for Federal Workplace Drug Testing Programs," cited as 82 Federal Register 7920.

(7) Drug test specimens that meet or exceed the cutoff levels as specified in subsection (6) of this section shall be reported as a positive test result and shall constitute a failed drug test.

(8) Drug test specimens that test below the cutoff levels as specified in subsection (6) of this section shall be reported as a negative test result and shall constitute a passed drug test. No further testing of a negative specimen for drugs shall be permitted, and the negative specimen shall be discarded or pooled for use in a laboratory's internal quality control program.

Section 7. Test-Designated Employee Drug Testing Procedures.

(1) The test-designated employee drug-testing program developed pursuant to Section 2 of this administrative regulation shall be implemented in accordance with nationally recognized standards as specified in the federal "Mandatory Guidelines for Federal Workplace Drug Testing Programs."

(2) All costs associated with implementing the test-designated employee drug-testing program developed pursuant to Section 2 of this administrative regulation shall be borne by the Office of the Kentucky Veterans Center.

(3) The appointing authority shall maintain records concerning all Veterans Center employee drug testing in a secure manner, so that disclosure of information to unauthorized persons does not occur.

(4) Except as required by law or expressly authorized or required in this section, the appointing authority or anyone with knowledge shall not release employee information that is contained in the records maintained pursuant to this administrative regulation.

(5) An employee subject to testing shall be entitled, upon written request, to obtain copies of any records pertaining to the employee's drug tests. The appointing authority shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested.

(6) The appointing authority may disclose information required to be maintained under this administrative regulation pertaining to an employee to that employee or to the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of a drug test administered under the requirements of this administrative regulation or from the appointing authority's determination that the employee engaged in prohibited conduct (including a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the employee).

(7) The appointing authority shall release information regarding an employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of this information shall be in accordance with the terms of the employee's consent.

Section 8. Test-Designated Employee Notification.

(1) New employees shall receive information and training concerning this administrative regulation as part of the employee's initial orientation training.

(2) Current employees shall receive information and training concerning this administrative regulation within the first three (3) months following the effective date of this administrative regulation.

(3) Information and training provided pursuant to subsection (2) of this section shall include information regarding the type and nature of services and supports available through the Kentucky Employee Assistance Program, as well as how to access these services and supports.

(4) The Personnel Office within each Veterans Center shall maintain documentation that all employees have received information and training concerning this administrative regulation and shall provide a copy of that documentation to the Administrative Branch Manager, Office of Kentucky Veterans Center, who shall coordinate with the Personnel Administrator of the Office of the Commissioner, Frankfort, Kentucky.

(5) All test-designated employees shall sign a document certifying:

(a) Receipt of information and training concerning this administrative regulation;

(b) An understanding of the requirements, limitations, and restrictions on employee conduct contained in this administrative regulation; and

(c) An understanding of the potential consequences, up to and including dismissal, for violation of this administrative regulation.

Section 9. Employee Duty to Report Convictions. A test-designated employee shall report to the KDVA headquarters through his or her immediate supervisor any criminal drug statute for which he or she was convicted within five (5) working days of the conviction.

Section 10. Prescription and Nonprescription Medications.

(1) A test-designated employee taking a prescription or nonprescription medication prior to or during the work shift shall immediately inform his or her supervisor of this fact if:

(a) The medication's indications and contraindications give the employee reason to believe that the medication may in some way impair work performance; or

(b) Having once taken the medication, the employee begins to experience an unexpected, typical, or adverse reaction to the medication, which impairs work performance.

(2) An employee who fails to comply with subsection (1) of this section shall be subject to disciplinary action up to and including termination of employment.

(3) Having been notified by an employee pursuant to subsection (1) of this section the employee's supervisor shall closely monitor the employee's work performance throughout the employee's work shift. If the supervisor determines that there is a sufficient perceived impairment of the employee's work performance so as to raise concerns related to employee, resident, or child safety, the supervisor shall notify the administrator concerning the employee's impaired work performance. The administrator shall then conduct an assessment and make a determination regarding the employee's impaired work performance.

(4) If the results of an assessment conducted pursuant to subsection (3) of this section indicate that the employee's work performance is impaired so as to raise concerns related to employee, resident or child safety, the administrator shall:

(a) Transfer or temporarily assign the employee away from resident care or child care, and to a job function unrelated to such care, provided that the transfer or temporary reassignment does not place the employee or other employees at risk of injury or otherwise jeopardize the orderly operation of the Veterans Center; or

(b) Allow the employee to depart the workplace and use available leave time, taking care to assist the employee if the impairment jeopardizes the safety of the employee or other employees.

(5) The employee shall be allowed to return to regular work duties if the results of an assessment conducted pursuant to subsection (3) of this section indicate that the employee's work performance is not impaired.

History

• RELATES TO: 41 U.S.C. 701-707
• STATUTORY AUTHORITY: KRS 40.325(2)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.325 authorizes the Kentucky Department of Veterans Affairs to promulgate any administrative regulations necessary to operate veterans' nursing homes in compliance with applicable state and federal statutes and regulations. This administrative regulation establishes procedures that will ensure state veteran nursing homes comply with KRS 18A.043, 41 U.S.C. 701-707, and 82 Federal Register 7920 (Mandatory Guidelines for Federal Workplace Drug Testing Programs) through drug testing of employees caring for veteran residents in veteran nursing homes.
• History: 47 Ky.R. 598, 1188; eff. 3-2-2021.

Chapter 4 Kentucky Veterans Burial and Memorial Benefits

17 KAR 4:030 Veterans' Service Organization Burial Honor Guard Program {#sec-17-kar-4-030 omnilex-key=us-ky-regs-official--title-17--17 KAR 4:030}

Section 1. Definitions.

(1) "Authorized provider" means a veterans' service organization or any other military or civilian organization that has been trained in rendering military funeral honors according to requirements established in 10 U.S.C. 1491.

(2) "Discharge under other than dishonorable conditions" means, for the purpose of this administrative regulation, honorable or general under honorable conditions service characterization.

(3) "Veterans' service organization" or "VSO" means an organization serving American veterans such as Veterans of Foreign Wars, American Veterans, Disabled American Veterans, Vietnam Veterans of America, and American Legion.

Section 2. Eligibility for Burial Honors.

(1) An individual shall be eligible for burial honors if he or she:

(a) Served the state and nation on active duty in the U.S. Armed Forces; received a discharge under other than dishonorable conditions; and has never been convicted of a federal or state capital offense; or

(b) At the time of death, was honorably serving in the U.S. Reserves or the Air or Army National Guard without being previously convicted of a federal or state capital offense.

(2) An individual who meets the requirements of (1)(a) or (b) of this section shall be eligible if he or she was previously interred or cremated, regardless of the date of death.

Section 3. Program Responsibilities.

(1) The Kentucky Department of Veterans Affairs shall:

(a) Pay a stipend in the amount provided by subsection (2) of this section to the military burial honor guard detail supplied by the authorized provider for the military honors rendered by that detail; and

(b) Maintain a central repository for recording all data required by KDVA Form Veterans' Service Organization Request for Honors Stipend.

(2) The maximum amount of the stipend shall be $100 for each ceremony provided by the VSO. The stipend amount shall be determined as follows:

(a) For playing "Taps" on CD or other recording device, zero dollars;

(b) For having a live bugler or ceremonial bugler play the song "Taps", instead of using a CD or other recording device, fifteen (15) dollars;

(c) For folding and presenting the United States Flag with the song "Taps":

1. Played on CD, thirty (30) dollars; or

2. Performed by a live bugler or ceremonial bugler, fifty (50) dollars; or

(d) For folding and presenting the United States Flag with a rifle team, with a minimum of three (3) firers, with the song "Taps":

1. Played on CD or other pre-recorded device, eighty (80) dollars; or

2. Performed by a live bugler or ceremonial bugler, $100.

(3) Authorized providers shall:

(a) Render military burial honors in accordance with the requirements established in 10 U.S.C. 1491;

(b) Require a flag folding ceremony as part of the military burial honors in which the United States flag is folded by the military burial honor guard;

(c) Ensure that the folded flag is presented during the ceremony to the deceased's next of kin or family representative by a member of the eligible veteran's own military service (USMC, USA, USAF, USSF, USN, U.S.C.G); and

(d) After each rendering of military burial honors, provide the Kentucky Department of Veterans Affairs a completed KDVA Form 07/24.

Section 4. To be eligible to receive a stipend, a veterans' service organization shall:

(1) Register as a state vendor and receive a state vendor number. Registration shall be completed online at www.eprocurement.ky.gov;

(2) Verify the veteran's service from the veteran's DD Form 214, Certificate of Release or Discharge from Active Duty or NGB Form 22, National Guard Report of Separation and Record of Service; and

(3) Not receive an honorarium, donation, or other payment from the funeral home or the veteran's family for the military burial honors provided for the veteran.

Section 5. Incorporation by Reference.

(1) KDVA Form, "Veterans' Service Organization Request for Honors Stipend", 09/24, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Veterans' Affairs, 1111 Louisville Road, Suite B, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or at https://veterans.ky.gov/Pages/index.aspx.

History

• RELATES TO: KRS 40.360, 40.362, 40.364, 40.366, 10 U.S.C. 1491
• STATUTORY AUTHORITY: KRS 40.360(3), 40.364(1)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.360(3) and 40.364(1) require the Kentucky Department of Veterans' Affairs to promulgate administrative regulations to implement and administer the Veterans' Service Organization Burial Honor Guard Program. This administrative regulation establishes the requirements for the Veterans' Service Organization Burial Honor Guard Program.
• History: 47 Ky.R. 601, 1191; eff. 3-2-2021; 51 Ky.R. 79, 654; eff. 11-18-2024.

17 KAR 4:040 Indigent Veterans' Burial Program {#sec-17-kar-4-040 omnilex-key=us-ky-regs-official--title-17--17 KAR 4:040}

Section 1. Eligibility Criteria under KRS 40.355. To be eligible for state funds to defray the costs of funeral expenses for burial in a cemetery in Kentucky, private or public, the deceased shall:

(1) Be a veteran as defined by 38 U.S.C. 101(2) and as verified by discharge records;:

(2) Have died in Kentucky:

(3) Have been indigent at the time of death, meaning:

(a) The deceased's estate did not possess money or other assets to pay for or defray the costs of the deceased's funeral;

(b) There was not a person obligated by law to pay for the funeral expenses of the deceased; and

(c) After diligent efforts, there was not a funeral home, cemetery, veteran service organization, or entity that was able to obtain funds to pay funeral expenses from another private or public source.

(4) Priority shall be given to an indigent veteran whose records indicate that the veteran had established Kentucky residency prior to death so that General Funds expended to defray funeral costs shall be used for the citizens of Kentucky first.

(5) The following records may be used to establish state residency:

(a) Military service records, such as a DD Form 214;

(b) The deceased's driver's license; or

(c) Another official record clearly showing the deceased was a Kentucky resident.

Section 2. Reimbursement. The amount of reimbursement authorized shall be limited as follows:

(1) Except as provided by subsection (2) of this section, the department shall reimburse a cemetery or funeral home its costs for burying an indigent veteran.

(2) The maximum amount reimbursed shall not exceed $1,000 per indigent veteran.

Section 3. Application Process.

(1) To request state funds to defray the funeral costs of an eligible indigent veteran, each funeral home, cemetery, veterans service organization, private citizen, or other entity shall submit an Indigent Veteran Burial Application, designated as KDVA Form 6.

(2) State and federal veterans cemetery priority. Each funeral home, cemetery, veteran service organization, or other entity seeking defrayment of burial costs shall first seek burial of the indigent veteran in a state or federal veterans cemetery before considering burial in another cemetery.

Section 4. Approval Process.

(1) The final decision to approve an Indigent Burial Application shall be made by the Commissioner, Kentucky Department of Veterans Affairs.

(2) In the absence of the commissioner, approval authority shall be delegated to the deputy commissioner or, in the absence of both the commissioner and the deputy commissioner, approval authority shall be delegated to the staff assistant in charge of Kentucky Veterans Cemeteries.

(3) The approval authority shall decide whether the deceased meets the eligibility criteria established in this administrative regulation, and, if so, shall approve funds to defray burial costs.

Section 5. Incorporation by Reference.

(1) "Indigent Veteran Burial Application", KDVA Form 6", January 2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Veterans Affairs, 1111B Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 40.355, 40.357, 38 U.S.C. 101(2)
• STATUTORY AUTHORITY: KRS 40.357(1)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.357(1) the Kentucky Department of Veterans Affairs (KDVA) to promulgate administrative regulations to implement the Indigent Veterans' Burial Program. This administrative regulation establishes rules to operate this program, including oversight by this department and required eligibility criteria applicable before state funds shall be used to defray funeral costs.
• History: 47 Ky.R. 603, 1191; eff. 3-2-2021; Crt eff. 8-31-2026.

Chapter 5 Recognitions

17 KAR 5:020 Kentucky Medal for Freedom {#sec-17-kar-5-020 omnilex-key=us-ky-regs-official--title-17--17 KAR 5:020}

Section 1. Definitions.

(1) "Applicant" means a person, eighteen (18) years old or older, who is seeking the Medal for Freedom on behalf of the deceased recipient.

(2) "Primary next of kin" means the person or persons with whom the Medal for Freedom shall be presented.

(3) "Recipient" means the deceased military person who was killed in action and is being honored by award of the Medal for Freedom.

Section 2. Application Procedure to Nominate Recipient.

(1) Any adult, age eighteen (18) or older, may nominate someone to receive the Kentucky Medal for Freedom.

(2) The nomination process shall be initiated by filling out a Kentucky Medal for Freedom Nomination.

(3) All requests and inquiries concerning the Kentucky Medal for Freedom shall be directed to: Kentucky Department of Veterans Affairs, Kentucky Medal for Freedom Contact Person, 1111B Louisville Rd., Frankfort, Kentucky 40601.

(4) Each Medal for Freedom that is awarded shall be presented to the primary next of kin using this order of priority:

(a) Widow or widower;

(b) Children;

(c) Parents, unless legal custody was granted to another person;

(d) Blood or adoptive relative granted legal custody;

(e) Siblings in the order of age, beginning with the oldest;

(f) Grandparents;

(g) Another relative; or

(h) Close friend or associate.

Section 3. Medal for Freedom Award Panel.

(1) A panel of three (3) full-time employees of the Kentucky Department of Veterans Affairs shall review all applications.

(2) The commissioner or the deputy commissioner shall act as chairperson for the award panel.

(3) The other two (2) members of the Panel shall be chosen from among the senior staff of the department, such as the executive director, Office of Kentucky Veterans Centers; Cemetery Branch Manager; Field Operations Branch Manager; cemetery directors; and administrators of the state veterans nursing homes.

(4) The award panel shall decide whether an application shall be approved and, if so, which primary next of kin shall receive the medal.

(5) Multiple medals for the same recipient may be awarded at the discretion of the award panel.

Section 4. Kentucky Medal for Freedom Honor Roll. The Department shall establish a permanent honor roll, listing each recipient's name and branch of service.

(1) The honor roll shall reside on a permanent basis in the Office of the Commissioner, Kentucky Department of Veterans Affairs, Frankfort, Kentucky.

(2) The Honor Roll shall be made available for display at special occasions such as Memorial Day, Veterans Day, or during special ceremonies conducted at state or federal cemeteries located throughout the Commonwealth.

Section 5. Incorporation by Reference.

(1) Kentucky Medal for Freedom Nomination, KDVA Form 5, January 2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Veterans Affairs, 1111B Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material shall also be available on the department's Web site at www.veterans.ky.gov/.

History

• RELATES TO: KRS 40.353
• STATUTORY AUTHORITY: KRS 40.353
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.353 authorizes the Kentucky Department of Veterans Affairs (KDVA) to award the Kentucky Medal for Freedom to eligible recipients and requires the Kentucky Department of Veterans Affairs (KDVA) to maintain a Kentucky Medal for Freedom honor roll and to promulgate administrative regulations to carry out the provisions of this section. This administrative regulation establishes the requirements for the Kentucky Medal for Freedom program.
• History: 47 Ky.R. 605, 1192; eff. 3-2-2021; Crt eff. 8-31-2026.

Chapter 6 Veterans' Programs

17 KAR 6:020 Kentucky Women Veterans Program and coordinating committee. Administrative procedures {#sec-17-kar-6-020 omnilex-key=us-ky-regs-official--title-17--17 KAR 6:020}

Section 1. Definitions.

(1) "Coordinating Committee" means the Women Veterans Program Coordinating Committee.

(2) "KDVA" means the Kentucky Department of Veterans' Affairs.

(3) "Woman Veteran" means a woman who served in the United States Armed Forces or in forces incorporated as part of the United States Armed Forces, and who was discharged under other than dishonorable conditions.

Section 2. Expenditures and Fundraising.

(1) Women Veterans Program funds shall be used solely for the purposes and functions described in KRS 40.600.

(2) Fundraising. If fundraising on behalf of the Women Veterans Program, the Kentucky Department of Veterans Affairs may accept a gift, donation, or grant from an individual, a corporation, or a government entity, provided that the funds are not restricted to tax exempt organizations as defined by Title 26, Section 501(c) of the Internal Revenue Code. Moneys received from gifts, donations, or grants shall be used solely for the purposes and functions described in KRS 40.600.

(3) The Women Veterans Coordinating Committee established in KRS 40.600(5) shall:

(a) Prepare an annual report each fiscal year that:

1. Provides meeting minutes for each committee meeting;

2. Summarizes the recommendations made by the committee; and

3. Details financial expenditures undertaken on behalf of Kentucky's women veterans; and

(b) Submit the annual report by July 20th to be included in KDVA's Annual Report and posted on the Women Veterans Program page of KDVA's Web site.

History

• RELATES TO: KRS 40.310, 40.600
• STATUTORY AUTHORITY: KRS 40.600, 45A.097
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.600(1) establishes the Kentucky Women Veterans Program. KRS 40.600(5) requires the establishment of a Women Veterans Coordinating Committee. KRS 40.600(6) authorizes the program to accept and expend moneys that may be appropriated by the General Assembly; and other moneys received from any other source, including donations and grants. KRS 40.600(7) authorizes the Department of Veterans' Affairs to promulgate administrative regulations to implement KRS 40.600. KRS 45A.097 allows a governmental body to accept donations and gifts from persons or businesses to further the governmental body's mission or to benefit the Commonwealth. This administrative regulation establishes procedures for expenditures and fundraising by the Kentucky Women Veterans Program. It also establishes reporting requirements for the coordinating committee.
• History: 50 Ky.R. 984, 1700; 51 Ky.R. 35, 655; eff. 8-28-2024.

17 KAR 6:030 Kentucky Wounded or Disabled Veterans Program. Administrative procedures {#sec-17-kar-6-030 omnilex-key=us-ky-regs-official--title-17--17 KAR 6:030}

Section 1. Definitions.

(1) "Disabled Veteran" means a veteran who was deemed disabled while serving in the United States Armed Forces, under conditions other than dishonorable, or was deemed disabled by the United States Department of Veterans Affairs after being discharged, under conditions other than dishonorable.

(2) "Wounded Veteran" means a veteran who was wounded while serving in the United States Armed Forces, who was discharged under conditions other than dishonorable.

Section 2. Expenditures and Fundraising.

(1) Wounded or Disabled Veterans Program funds shall be used solely for the purposes and functions described in KRS 40.350.

(2) Fundraising. If fundraising on behalf of the Wounded or Disabled Veterans Program, the Kentucky Department of Veterans Affairs may accept a gift, donation, or grant from an individual, a corporation, or a government entity, provided that the funds are not restricted to tax exempt organizations as defined by Title 26, Section 501(c) of the Internal Revenue Code. Moneys received from gifts, donations, or grants shall be used solely for the purposes and functions described in KRS 40.350.

History

• RELATES TO: KRS 40.310, 40.350
• STATUTORY AUTHORITY: KRS 40.350
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.350(1) establishes the Kentucky Wounded or Disabled Veterans Program. KRS 40.350(7) authorizes the program to accept and expend moneys that may be appropriated by the General Assembly; and other moneys received from any other source, including donations and grants. KRS 40.350(6) authorizes the Department of Veterans' Affairs to promulgate administrative regulations to implement KRS 40.350. This administrative regulation establishes procedures for expenditures and fundraising by the Kentucky Wounded or Disabled Veterans Program.
• History: 50 Ky.R. 986,1702; 51 Ky.R. 37, 657; eff. 8-28-2024.