2014 Kentucky Revised Statutes CHAPTER 218A - CONTROLLED SUBSTANCES 218A.245 Reciprocal agreements or contracts with other states or administering organization to share prescription drug monitoring information.
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218A.245 Reciprocal agreements or contracts with other states or
administering organization to share prescription drug monitoring
information.
(1) The secretary of the Cabinet for Health and Family Services may enter into
reciprocal agreements or a contract, either directly with any other state or
states of the United States or with an organization administering the exchange
of interstate data on behalf of the prescription monitoring program of one (1) or
more states, to share prescription drug monitoring information if the other
state's prescription drug monitoring program or the organization's data
exchange program is compatible with the program in Kentucky. If the secretary
elects to evaluate the prescription drug monitoring program of another state or
organization as authorized by this section, priority shall be given to a state that
is contiguous with the borders of the Commonwealth or an organization that
offers connectivity with a contiguous state.
(2) In determining compatibility, the secretary shall consider:
(a) The essential purposes of the program and the success of the program in
fulfilling those purposes;
(b) The safeguards for privacy of patient records and its success in
protecting patient privacy;
(c) The persons authorized to view the data collected by the program;
(d) The schedules of controlled substances monitored;
(e) The data required to be submitted on each prescription or dispensing;
(f) Any implementation criteria deemed essential for a thorough comparison;
and
(g) The costs and benefits to the Commonwealth in mutually sharing
particular information available in the Commonwealth's database with the
program under consideration.
(3) The secretary shall review any agreement on an annual basis to determine its
continued compatibility with the Kentucky prescription drug monitoring
program.
(4) The secretary shall prepare an annual report to the Governor and the
Legislative Research Commission that summarizes any agreement under this
section and that analyzes the effectiveness of that agreement in monitoring the
prescribing and dispensing of controlled substances in the Commonwealth.
(5) Any agreement between the cabinet and another state or organization shall
prohibit the sharing of information about a Kentucky resident, practitioner,
pharmacist, or other prescriber or dispenser for any purpose not otherwise
authorized by this section or KRS 218A.202.
Effective:July 20, 2012
History: Amended 2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 6, effective July 20,
2012. -- Amended 2005 Ky. Acts ch. 99, sec. 547, effective June 20, 2005. -Created 2004 Ky. Acts ch. 107, sec. 3, effective July 13, 2004.
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