{"data":{"id":"us-ky/krs-216b.208","jurisdiction":"us-ky","citation":"KRS 216B.208","heading":"Plan to enforce program -- Private right of action.","body":"(1) The  cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing\nDrug Certification Program that includes the following conditions:\n(a) If an individual or entity intentionally, knowingly, or recklessly provides\nabortion-inducing drugs without first seeking certification, the cabinet\nshall:\n1. Immediately report the act to local law enforcement or other\napplicable state and local agencies; and\n2. Impose  a fine of no less than five million dollars ($5,000,000) for\npharmacies, manufacturers, or distributors;\n(b) If a certified pharmacy, manufacturer, or distributor is determined to be in\nnoncompliance, suspend any certification until compliance is proven to\nthe satisfaction of the cabinet;\n(c) If a current or previously certified pharmacy, manufacturer, or distributor\nis found to have intentionally, knowingly, or recklessly violated certification\nrequirements, or refuses to bring operations into compliance within ninety\n(90) calendar days, remove certification and prohibit continued provision\nof abortion-inducing drugs by the pharmacy, manufacturer, or distributor\nuntil compliance is demonstrated to the satisfaction of the cabinet;\n(d) If a certified pharmacy, manufacturer, or distributor is in noncompliance,\nsuspend  annual recertification until compliance is demonstrated to the\nsatisfaction of the cabinet; and\n(e) If a current or previously certified pharmacy, manufacturer, or distributor\nis found to have intentionally, knowingly, or recklessly violated KRS\n216B.200 to 216B.210, or refuses to bring operations into compliance:\n1. Immediately  suspend  the  pharmacy's,  manufacturer\u0019s, or\ndistributor\u0019s certification until full compliance is demonstrated;\n2. For  certified pharmacies, manufacturers, or distributors, impose\nfines of not less than one million dollars ($1,000,000) per offense;\n3. For  registered physicians, impose  fines of not less than one\nhundred thousand dollars ($100,000) per offense;\n4. Permanently revoke the certification of the offender if the offender\nfails to demonstrate compliance within ninety (90) calendar days;\n5. Impose  remedial actions, which may  include additional education,\nadditional reporting, or other actions as required by the cabinet;\n6. In the case of a pharmacy, manufacturer, or distributor, recommend\nsanctioning to the appropriate disciplinary committee of the cabinet;\n7. In the case of a licensed physician, report the violation to the\nKentucky Board of Medical Licensure and recommend  appropriate\nsanctioning;\n8. Publicly report any disciplinary actions, consistent with the practices\nof the cabinet;\n9. Permanently revoke the certification of the offender; and\n10. In the case of a pharmacy, manufacturer, or distributor, report the\nviolation to the Kentucky Board of Pharmacy  and  recommend\nappropriate sanctions, including permanent revocation of licensure.\n(2) Individuals have a private right of action to seek restitution in any court of law\nwith appropriate jurisdiction for any and all damages  suffered for intentional,\nknowing, or reckless violations of KRS 216B.200 to 216B.210.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52230","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"6733282b33f0ef48b3951d3bd3532980e76a98cf74a3772aa56cc318128611da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.206","next":"us-ky/krs-216b.210"},"notice":"GroundRules: Original legal text. Not legal advice."}
