2021 Kentucky Revised Statutes Chapter 218A - Controlled substances 218A.240 Controlled substances -- Duties and authority of state and local officers, Cabinet for Health and Family Services, and Kentucky Board of Pharmacy -- Civil proceedings -- Identification of trends -- Identification of prescribers, dispensers, and patients for licensing board -- Review of hospital's or health care facility's prescribing and dispensing practices -- Notice to patients of practitioner's loss of prescribing privileges.
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218A.240 Controlled substances -- Duties and authority of state and local officers,
Cabinet for Health and Family Services, and Kentucky Board of Pharmacy -Civil proceedings -- Identification of trends -- Identification of prescribers,
dispensers, and patients for licensing board -- Review of hospital's or health
care facility's prescribing and dispensing practices -- Notice to patients of
practitioner's loss of prescribing privileges.
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All police officers and deputy sheriffs directly employed full-time by state, county,
city, urban-county, or consolidated local governments, the Department of Kentucky
State Police, the Cabinet for Health and Family Services, their officers and agents,
and of all city, county, and Commonwealth's attorneys, and the Attorney General,
within their respective jurisdictions, shall enforce all provisions of this chapter and
cooperate with all agencies charged with the enforcement of the laws of the United
States, of this state, and of all other states relating to controlled substances.
For the purpose of enforcing the provisions of this chapter, the designated agents of
the Cabinet for Health and Family Services shall have the full power and authority
of peace officers in this state, including the power of arrest and the authority to bear
arms, and shall have the power and authority to administer oaths; to enter upon
premises at all times for the purpose of making inspections; to seize evidence; to
interrogate all persons; to require the production of prescriptions, of books, papers,
documents, or other evidence; to employ special investigators; and to expend funds
for the purpose of obtaining evidence and to use data obtained under KRS
218A.202 in any administrative proceeding before the cabinet.
The Kentucky Board of Pharmacy, its agents and inspectors, shall have the same
powers of inspection and enforcement as the Cabinet for Health and Family
Services.
Designated agents of the Cabinet for Health and Family Services and the Kentucky
Board of Pharmacy are empowered to remove from the files of a pharmacy or the
custodian of records for that pharmacy any controlled substance prescription or
other controlled substance record upon tendering a receipt. The receipt shall be
sufficiently detailed to accurately identify the record. A receipt for the record shall
be a defense to a charge of failure to maintain the record.
Notwithstanding the existence or pursuit of any other remedy, civil or criminal, any
law enforcement authority may maintain, in its own name, an action to restrain or
enjoin any violation of this chapter or to forfeit any property subject to forfeiture
under KRS 218A.410, irrespective of whether the owner of the property has been
charged with or convicted of any offense under this chapter.
(a) Any civil action against any person brought pursuant to this section may be
instituted in the Circuit Court in any county in which the person resides, in
which any property owned by the person and subject to forfeiture is found, or
in which the person has violated any provision of this chapter.
(b) A final judgment rendered in favor of the Commonwealth in any criminal
proceeding brought under this chapter shall estop the defendant from denying
the essential allegations of the criminal offense in any subsequent civil
proceeding brought pursuant to this section.
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The prevailing party in any civil proceeding brought pursuant to this section
shall recover his or her costs, including a reasonable attorney's fee.
(d) Distribution of funds under this section shall be made in the same manner as
in KRS 218A.420, except that if the Commonwealth's attorney has not
initiated the forfeiture action under this section, his or her percentage of the
funds shall go to the agency initiating the forfeiture action.
The Cabinet for Health and Family Services shall make or cause to be made
examinations of samples secured under the provisions of this chapter to determine
whether any provision has been violated.
(a) The Cabinet for Health and Family Services shall proactively use the data
compiled in the electronic system created in KRS 218A.202 for investigations,
research, statistical analysis, and educational purposes and shall proactively
identify trends in controlled substance usage and other potential problem
areas. Only cabinet personnel who have undergone training for the electronic
system and who have been approved to use the system shall be authorized
access to the data and reports under this subsection. The cabinet shall notify a
state licensing board listed in KRS 218A.205 if a report or analysis conducted
under this subsection indicates that further investigation about improper,
inappropriate or illegal prescribing or dispensing may be necessary by the
board. The board shall consider each report and may, after giving due
consideration to areas of practice, specialties, board certifications, and
appropriate standards of care, request and receive a follow-up report or
analysis containing relevant information as to the prescriber or dispenser and
his or her patients.
(b) The cabinet shall develop criteria, in collaboration with the Board of Medical
Licensure, the Board of Nursing, the Office of Drug Control Policy, and the
Board of Pharmacy, to be used to generate public trend reports from the data
obtained by the system. Meetings at which the criteria are developed shall be
meetings, as defined in KRS 61.805, that comply with the open meetings
laws, KRS 61.805 to 61.850. The cabinet shall, on a quarterly basis, publish
trend reports from the data obtained by the system. Except as provided in
subsection (8) of this section, these trend reports shall not identify an
individual prescriber, dispenser, or patient. Peace officers authorized to
receive data under KRS 218A.202 may request trend reports not specifically
published pursuant to this paragraph except that the report shall not identify an
individual prescriber, dispenser, or patient.
If the cabinet deems it to be necessary and appropriate, upon the request of a state
licensing board listed in KRS 218A.205, the cabinet shall provide the requesting
board with the identity of prescribers, dispensers, and patients used to compile a
specific trend report.
Any hospital or other health care facility may petition the cabinet to review data
from the electronic system specified in KRS 218A.202 as it relates to employees of
that facility to determine if inappropriate prescribing or dispensing practices are
occurring. The cabinet may initiate any investigation in such cases as he or she
determines is appropriate, and may request the assistance from the hospitals or
health care facilities in the investigation.
(10) If the office or clinic of a practitioner abruptly closes or is subject to emergency
closure or other enforcement action resulting in a suspension or termination of the
practitioner's controlled substance prescribing privileges, the Cabinet for Health and
Family Services or applicable professional licensing board may use data from the
electronic system established under KRS 218A.202 to issue notification as soon as
practicable to the practitioner's patients to help prevent the disruption of medical
treatment and promote continuity of care.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 20, sec. 1, effective July 15, 2020. -- Amended
2017 Ky. Acts ch. 138, sec. 2, effective June 29, 2017. -- Amended 2012 (1st Extra.
Sess.) Ky. Acts ch. 1, sec. 5, effective July 20, 2012. -- Amended 2007 Ky. Acts ch.
85, sec. 253, effective June 26, 2007; and ch. 124, sec. 14, effective June 26, 2007. -Amended 2005 Ky. Acts ch. 99, sec. 546, effective June 20, 2005. -- Amended 2004
Ky. Acts ch. 68, sec. 2, effective July 13, 2004; and ch. 107, sec. 2, effective July 13,
2004. -- Amended 1998 Ky. Acts ch. 301, sec. 26, effective July 15, 1998; and ch.
426, sec. 487, effective July 15, 1988. -- Amended 1992 Ky. Acts ch. 441, sec. 28,
effective July 14, 2992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -Created 1972 Ky. Acts ch. 226, sec. 26.
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