{"data":{"id":"us-ky/krs-214.175","jurisdiction":"us-ky","citation":"KRS 214.175","heading":"Anonymous surveys of substance abuse during pregnancy -- Participation","body":"-- Confidentiality -- Funding.\n(1) The Cabinet for Health and Family Services may conduct periodic anonymous\nsurveys to determine the prevalence within the Commonwealth of drug and  alcohol\nuse during pregnancy. These periodic surveys may include, but are not limited to,\ntoxicology tests to determine the presence of alcohol, controlled substances, or other\ndrugs which have not been prescribed due to medical necessity.\n(2) All hospitals and any other health facilities licensed pursuant to KRS Chapter 216B\nwhich provide for obstetrical services, including delivery of newborn infants, shall,\nas a condition of licensure, participate in any periodic surveys conducted by the\nCabinet for Hea lth and Family Services for the purposes of determining the\nprevalence of alcohol or other substance abuse among pregnant women and\nnewborn infants.\n(3) Any surveys conducted pursuant to this section shall be conducted according to\nguidelines established b y the Cabinet for Health and Family Services. The\ntoxicology test may be performed without a physician's order and without patient or\nparental consent. For the purpose of this section any toxicology test performed shall\nbe considered medically necessary.\n(4) The results of any individual toxicology tests performed pursuant to this section\nshall remain confidential and shall only be released to the Cabinet for Health and\nFamily Services. Any results shall be collected and compiled in aggregate form\nwithout t he name of the hospital, patient, or other means of identifying the\nindividual subject of the test.\n(5) No test result obtained pursuant to this section shall be admissible in any court or\nother hearing as evidence in any proceeding, criminal or civil, against the individual\nsubject of the test.\n(6) No hospital shall incur any liability, except for negligence, for performing any test\nrequired or authorized under KRS 214.160 and 214.175 or for reporting the result of\nthe test pursuant to any administrative r egulation promulgated by the Cabinet for\nHealth and Family Services under KRS Chapter 13A in accordance with this\nsection.\n(7) The cabinet may use any state appropriation and any gifts, grants, or federal funds\nthat become available for the purposes of imp lementing the provisions of this\nsection.","path":["KRS Chapter 214"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8794","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:18Z","sha256":"7fd377ae302d4a07a0b801ae1d10a46f273145f77690c19d2696c0ea56c156e1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-214.170","next":"us-ky/krs-214.180"},"notice":"GroundRules: Original legal text. Not legal advice."}