KRS 351.185: Confidentiality of drug and alcohol test results -- Exceptions -- Use of

results in criminal proceeding against applicant prohibited.

(1) Records of drug or alcohol test results, written or otherwise, received by the

division, its contractors, subco ntractors, 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 jurisdic tion 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.

(2) Information on drug and alcohol test re sults 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 proceed ing against the

applicant.