2015 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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