2011 Kentucky Revised Statutes CHAPTER 218A CONTROLLED SUBSTANCES 218A.202 Electronic system for monitoring controlled substances -- Penalty for illegal use of system -- Pilot project -- Continuing education programs.
KY Rev Stat § 218A.202 (1996 through Reg Sess) What's This?
218A.202 Electronic system for monitoring controlled substances -- Penalty for
illegal use of system -- Pilot project -- Continuing education programs.
(1)
(2)
(3)
(4)
(5)
(6)
The Cabinet for Health and Family Services shall establish an electronic system for
monitoring Schedules II, III, IV, and V controlled substances that are dispensed
within the Commonwealth by a practitioner or pharmacist or dispensed to an
address within the Commonwealth by a pharmacy that has obtained a license,
permit, or other authorization to operate from the Kentucky Board of Pharmacy.
A practitioner or a pharmacist shall not have to pay a fee or tax specifically
dedicated to the operation of the system.
Every dispenser within the Commonwealth or any other dispenser who has obtained
a license, permit, or other authorization to operate from the Kentucky Board of
Pharmacy shall report to the Cabinet for Health and Family Services the data
required by this section in a timely manner as prescribed by the cabinet except that
reporting shall not be required for:
(a) A drug administered directly to a patient; or
(b) A drug dispensed by a practitioner at a facility licensed by the cabinet
provided that the quantity dispensed is limited to an amount adequate to treat
the patient for a maximum of forty-eight (48) hours.
Data for each controlled substance that is dispensed shall include but not be limited
to the following:
(a) Patient identifier;
(b) Drug dispensed;
(c) Date of dispensing;
(d) Quantity dispensed;
(e) Prescriber; and
(f) Dispenser.
The data shall be provided in the electronic format specified by the Cabinet for
Health and Family Services unless a waiver has been granted by the cabinet to an
individual dispenser. The cabinet shall establish acceptable error tolerance rates for
data. Dispensers shall ensure that reports fall within these tolerances. Incomplete or
inaccurate data shall be corrected upon notification by the cabinet if the dispenser
exceeds these error tolerance rates.
The Cabinet for Health and Family Services shall only disclose data to persons and
entities authorized to receive that data under this section. Disclosure to any other
person or entity, including disclosure in the context of a civil action where the
disclosure is sought either for the purpose of discovery or for evidence, is prohibited
unless specifically authorized by this section. The Cabinet for Health and Family
Services shall be authorized to provide data to:
(a) A designated representative of a board responsible for the licensure,
regulation, or discipline of practitioners, pharmacists, or other person who is
authorized to prescribe, administer, or dispense controlled substances and who
is involved in a bona fide specific investigation involving a designated person;
(b)
(c)
(d)
(e)
(f)
(g)
(h)
A Kentucky peace officer certified pursuant to KRS 15.380 to 15.404, a
certified or full-time peace officer of another state, or a federal peace officer
whose duty is to enforce the laws of this Commonwealth, of another state, or
of the United States relating to drugs and who is engaged in a bona fide
specific investigation involving a designated person;
A state-operated Medicaid program;
A properly convened grand jury pursuant to a subpoena properly issued for the
records;
A practitioner or pharmacist who requests information and certifies that the
requested information is for the purpose of providing medical or
pharmaceutical treatment to a bona fide current patient;
In addition to the purposes authorized under paragraph (a) of this subsection,
the Kentucky Board of Medical Licensure, for any physician who is:
1.
Associated in a partnership or other business entity with a physician who
is already under investigation by the Board of Medical Licensure for
improper prescribing practices;
2.
In a designated geographic area for which a trend report indicates a
substantial likelihood that inappropriate prescribing may be occurring;
or
3.
In a designated geographic area for which a report on another physician
in that area indicates a substantial likelihood that inappropriate
prescribing may be occurring in that area;
In addition to the purposes authorized under paragraph (a) of this subsection,
the Kentucky Board of Nursing, for any advanced practice registered nurse
who is:
1.
Associated in a partnership or other business entity with a physician who
is already under investigation by the Kentucky Board of Medical
Licensure for improper prescribing practices;
2.
Associated in a partnership or other business entity with an advanced
practice registered nurse who is already under investigation by the Board
of Nursing for improper prescribing practices;
3.
In a designated geographic area for which a trend report indicates a
substantial likelihood that inappropriate prescribing may be occurring;
or
4.
In a designated geographic area for which a report on a physician or
another advanced practice registered nurse in that area indicates a
substantial likelihood that inappropriate prescribing may be occurring in
that area; or
A judge or a probation or parole officer administering a diversion or probation
program of a criminal defendant arising out of a violation of this chapter or of
a criminal defendant who is documented by the court as a substance abuser
who is eligible to participate in a court-ordered drug diversion or probation
program.
(7)
(8)
(9)
(10)
(11)
(12)
(13)
The Department for Medicaid Services may use any data or reports from the system
for the purpose of identifying Medicaid recipients whose usage of controlled
substances may be appropriately managed by a single outpatient pharmacy or
primary care physician.
A person who receives data or any report of the system from the cabinet shall not
provide it to any other person or entity except by order of a court of competent
jurisdiction and only to a person or entity authorized to receive the data or the report
under this section, except that:
(a) A peace officer specified in subsection (6)(b) of this section who is authorized
to receive data or a report may share that information with other peace officers
specified in subsection (6)(b) of this section authorized to receive data or a
report if the peace officers specified in subsection (6)(b) of this section are
working on a bona fide specific investigation involving a designated person.
Both the person providing and the person receiving the data or report under
this paragraph shall document in writing each person to whom the data or
report has been given or received and the day, month, and year that the data or
report has been given or received. This document shall be maintained in a file
by each law enforcement agency engaged in the investigation; and
(b) A representative of the Department for Medicaid Services may share data or
reports regarding overutilization by Medicaid recipients with a board
designated in subsection (6)(a) of this section, or with a law enforcement
officer designated in subsection (6)(b) of this section; and
(c) The Department for Medicaid Services may submit the data as evidence in an
administrative hearing held in accordance with KRS Chapter 13B.
The Cabinet for Health and Family Services, all peace officers specified in
subsection (6)(b) of this section, all officers of the court, and all regulatory agencies
and officers, in using the data for investigative or prosecution purposes, shall
consider the nature of the prescriber's and dispenser's practice and the condition for
which the patient is being treated.
The data and any report obtained therefrom shall not be a public record, except that
the Department for Medicaid Services may submit the data as evidence in an
administrative hearing held in accordance with KRS Chapter 13B.
Intentional failure by a dispenser to transmit data to the cabinet as required by
subsection (3), (4), or (5) of this section shall be a Class A misdemeanor for the first
offense and a Class D felony for each subsequent offense.
Intentional disclosure of transmitted data to a person not authorized by subsection
(6) to subsection (8) of this section or authorized by KRS 315.121, or obtaining
information under this section not relating to a bona fide specific investigation, shall
be a Class D felony for the first offense and a Class C felony for each subsequent
offense.
The Commonwealth Office of Technology, in consultation with the Cabinet for
Health and Family Services, shall submit an application to the United States
Department of Justice for a drug diversion grant to fund a pilot project to study a
real-time electronic monitoring system for Schedules II, III, IV, and V controlled
substances. The pilot project shall:
(a) Be conducted in two (2) rural counties that have an interactive real-time
electronic information system in place for monitoring patient utilization of
health and social services through a federally funded community access
program; and
(b) Study the use of an interactive system that includes a relational data base with
query capability.
(14) Provisions in this section that relate to data collection, disclosure, access, and
penalties shall apply to the pilot project authorized under subsection (13) of this
section.
(15) The Cabinet for Health and Family Services may limit the length of time that data
remain in the electronic system. Any data removed from the system shall be
archived and subject to retrieval within a reasonable time after a request from a
person authorized to review data under this section.
(16) (a) The Cabinet for Health and Family Services shall work with each board
responsible for the licensure, regulation, or discipline of practitioners,
pharmacists, or other persons who are authorized to prescribe, administer, or
dispense controlled substances for the development of a continuing education
program about the purposes and uses of the electronic system for monitoring
established in this section.
(b) The cabinet shall work with the Kentucky Bar Association for the
development of a continuing education program for attorneys about the
purposes and uses of the electronic system for monitoring established in this
section.
(c) The cabinet shall work with the Justice and Public Safety Cabinet for the
development of a continuing education program for law enforcement officers
about the purposes and users of the electronic system for monitoring
established in this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 43, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 85, sec. 252, effective June 26, 2007; and ch. 124, sec. 4, effective
June 26, 2007. -- Amended 2006 Ky. Acts ch. 5, sec. 5, effective July 12, 2006. -Amended 2005 Ky. Acts ch. 85, sec. 627, effective June 20, 2005; and ch. 99,
sec. 543, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 68, sec. 1, effective
July 13, 2004; and ch. 107, sec. 1, effective July 13, 2004. -- Amended 2002 Ky.
Acts ch. 295, sec. 1, effective April 9, 2002. -- Created 1998 Ky. Acts ch. 301,
sec. 13, effective July 15, 1998.
Legislative Research Commission Note (7/13/2004). This section was amended by
2004 Ky. Acts. chs. 68 and 107. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts. ch. 107, which was last enacted by
the General Assembly, prevails under KRS 446.250.
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