2013 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES 351.185 Confidentiality of drug and alcohol test results -- Exceptions -- Use of results in criminal proceeding against applicant prohibited.
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351.185 Confidentiality of drug and alcohol test results -- Exceptions -- Use of
results in criminal proceeding against applicant prohibited.
(1)
(2)
Records of drug or alcohol test results, written or otherwise, received by the
Office of Mine Safety and Licensing, its contractors, subcontractors, or other
employees are confidential communications and exempt from disclosure under
the Kentucky Open Records Act, except as follows:
(a) Where release of the information is authorized solely pursuant to a written
consent form signed voluntarily by the person tested. The consent form
shall contain the following:
1.
The name of the person who is authorized to obtain the information;
2.
The purpose of the disclosure;
3.
The precise information to be disclosed;
4.
The duration of the consent; and
5.
The signature of the person authorizing the release of the
information;
(b) Where release of the information is compelled by a hearing officer or
court of competent jurisdiction pursuant to an appeal taken under KRS
351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041,
351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010,
352.180, 352.210, and 352.390;
(c) Where release of the information is relevant to a legal claim asserted by
the applicant;
(d) Where the information is used by the entity conducting drug or alcohol
testing when consulting with legal counsel in connection with matters
brought under or related to KRS 351.182, 351.183, 351.184, 351.185,
351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127,
351.1291, 351.170, 352.010, 352.180, 352.210, and 352.390, or in its
defense of civil or administrative actions related to the testing or results;
or
(e) Where release of the information is deemed appropriate by the Mine
Safety Review Commission or a court of competent jurisdiction in
disciplinary proceeding brought under the terms of KRS 351.182,
351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106,
351.110, 351.120, 351.127, 351.1291, 351.170, 352.180, 352.210, and
352.390.
Information on drug and alcohol test results for tests administered pursuant to
KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041,
351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180,
352.210, and 352.390 shall not be released or used in any criminal proceeding
against the applicant.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 241, sec. 5, effective July 12, 2006.
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