2016 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES .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
division, 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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 24, effective June 24, 2015. -- Created
2006 Ky. Acts ch. 241, sec. 5, effective July 12, 2006.
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