{"data":{"id":"us-ky/krs-218a.202","jurisdiction":"us-ky","citation":"KRS 218A.202","heading":"Definitions for section -- Electronic system for monitoring controlled","body":"substances -- Required registration and reporting -- Penalty for illegal use of\nsystem -- Continuing education programs -- Reports of failure to comply with\nsection -- Procedures for monitoring medicinal cannabis -- Quarterly reviews\nto identify patterns of improper prescribing or dispensing -- Administrative\nregulations -- Collection and retention of drug conviction data.\n(1) As used in this section:\n(a) \"Cabinet\" means the Cabinet for Health and Family Services;\n(b) \"Cannabis business\" has the same meaning as in KRS 218B.010;\n(c) \"Controlled substance\" means any Schedule II, III, IV, or V controlled\nsubstance and does not include medicinal cannabis;\n(d) \"Dispensary\" has the same meaning as in KRS 218B.010;\n(e) \"Dispensary agent\" has the same meaning as in KRS 218B.010;\n(f) \"Disqualifying felony offense\" has the same meaning as in KRS 218B.010;\n(g) \"Medicinal cannabis\" has the same meaning as in KRS 218B.010;\n(h) \"Medicinal cannabis practitioner\" has the same meaning as in KRS 218B.010;\n(i) \"Registry identification card\" has the same meaning as in KRS 218B.010;\n(j) \"State licensing board\" has the same meaning as in KRS 218B.010;\n(k) \"Use of medicinal cannabis\" has the same meaning as in KRS 218B.010; and\n(l) \"Written certification\" has the same meaning as in KRS 218B.010.\n(2) The cabinet shall establish and maintain an electronic system for monitoring\nSchedules II, III, IV, and V controlled substances and medicinal cannabis. The\ncabinet may contract for the design, upgrade, or operation of this system if the\ncontract preserves all of the rights, privileges, and protec tions guaranteed to\nKentucky citizens under this chapter and the contract requires that all other aspects\nof the system be operated in conformity with the requirements of this or any other\napplicable state or federal law.\n(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV,\nor V controlled substances:\n(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled\nsubstances to humans shall register with the cabinet to use the system\nprovided for in thi s section and shall maintain an active account with the\nelectronic monitoring system continuously during the practitioner's or\npharmacist's term of licensure and shall not have to pay a fee or tax\nspecifically dedicated to the operation of the system;\n(b) Every practitioner or pharmacy which dispenses a controlled substance to a\nperson in Kentucky, or to a person at an address in Kentucky, shall report to\nthe cabinet the data required by this section, which includes the reporting of\nany Schedule II controll ed substance dispensed at a facility licensed by the\ncabinet and a Schedule II through Schedule V controlled substance regardless\nof dosage when dispensed by the emergency department of a hospital to an\nemergency department patient. Reporting shall not be required for:\n1. A drug administered directly to a patient in a hospital, a resident of a\nhealth care facility licensed under KRS Chapter 216B, a resident of a\nchild-caring facility as defined by KRS 199.011, or an individual in a\njail, correctional facility, or juvenile detention facility;\n2. A Schedule III through Schedule V controlled substance dispensed by a\nfacility licensed by the cabinet provided that the quantity dispensed is\nlimited to an amount adequate to treat the patient for a maximum of\nforty-eight (48) hours and is not dispensed by the emergency department\nof a hospital; or\n3. A drug administered or dispensed to a research subject enrolled in a\nresearch protocol approved by an institutional review board that has an\nactive federalwide assurance number from the United States Department\nof Health and Human Services, Office for Human Research Protections,\nwhere the research involves single, double, or triple blind drug\nadministration or is additionally covered by a certificate of\nconfidentiality from the National Institutes of Health;\n(c) In addition to the data required by paragraph (d) of this subsection, a\nKentucky-licensed acute care hospital or critical access hospital shall report to\nthe cabinet all positive toxicology screens that were perfor med by the\nhospital's emergency department to evaluate the patient's suspected drug\noverdose;\n(d) Data for each controlled substance that is reported shall include but not be\nlimited to the following:\n1. Patient identifier;\n2. National drug code of the drug dispensed;\n3. Date of dispensing;\n4. Quantity dispensed;\n5. Prescriber; and\n6. Dispenser;\n(e) The data shall be provided in the electronic format specified by the cabinet\nunless a waiver has been granted by the cabinet to an individual dispenser.\nThe cab inet shall establish acceptable error tolerance rates for data.\nDispensers shall ensure that reports fall within these tolerances. Incomplete or\ninaccurate data shall be corrected upon notification by the cabinet if the\ndispenser exceeds these error tolerance rates;\n(f) The cabinet shall only disclose data to persons and entities authorized to\nreceive that data under this subsection. Disclosure to any other person or\nentity, including disclosure in the context of a civil action where the\ndisclosure is sough t either for the purpose of discovery or for evidence, is\nprohibited unless specifically authorized by this section. The cabinet shall be\nauthorized to provide data to:\n1. A designated representative of a board responsible for the licensure,\nregulation, or  discipline of practitioners, pharmacists, or other person\nwho is authorized to prescribe, administer, or dispense controlled\nsubstances and who is involved in a bona fide specific investigation\ninvolving a designated person;\n2. Employees of the Office of the Inspector General of the cabinet who\nhave successfully completed training for the electronic system and who\nhave been approved to use the system, federal prosecutors, Kentucky\nCommonwealth's attorneys and assistant Commonwealth's attorneys,\ncounty attorneys and assistant county attorneys, a peace officer certified\npursuant to KRS 15.380 to 15.404, a certified or full -time peace officer\nof another state, or a federal agent whose duty is to enforce the laws of\nthis Commonwealth, of another state, or of th e United States relating to\ndrugs and who is engaged in a bona fide specific investigation involving\na designated person;\n3. A state-operated Medicaid program in conformity with paragraph (g) of\nthis subsection;\n4. A properly convened grand jury pursuant t o a subpoena properly issued\nfor the records;\n5. A practitioner or pharmacist, or employee of the practitioner's or\npharmacist's practice acting under the specific direction of the\npractitioner or pharmacist, who certifies that the requested information\nis for the purpose of:\na. Providing medical or pharmaceutical treatment to a bona fide\ncurrent or prospective patient;\nb. Reviewing data on controlled substances that have been reported\nfor the birth mother of an infant who is currently being treated by\nthe practitioner for neonatal abstinence syndrome, or has\nsymptoms that suggest prenatal drug exposure; or\nc. Reviewing and assessing the individual prescribing or dispe nsing\npatterns of the practitioner or pharmacist or to determine the\naccuracy and completeness of information contained in the\nmonitoring system;\n6. The chief medical officer of a hospital or long -term-care facility, an\nemployee of the hospital or long -term-care facility as designated by the\nchief medical officer and who is working under his or her specific\ndirection, or a physician designee if the hospital or facility has no chief\nmedical officer, if the officer, employee, or designee certifies that the\nrequested information is for the purpose of providing medical or\npharmaceutical treatment to a bona fide current or prospective patient or\nresident in the hospital or facility;\n7. In addition to the purposes authorized under subparagraph 1. of this\nparagraph, the Kentucky Board of Medical Licensure, for any physician\nwho is:\na. Associated in a partnership or other business entity with a\nphysician who is already under investigation by the Board of\nMedical Licensure for improper prescribing or dispensing\npractices;\nb. In a designated geographic area for which a trend report indicates\na substantial likelihood that inappropriate prescribing or\ndispensing may be occurring; or\nc. In a designated geographic area for which a report on another\nphysician in that area in dicates a substantial likelihood that\ninappropriate prescribing or dispensing may be occurring in that\narea;\n8. In addition to the purposes authorized under subparagraph 1. of this\nparagraph, the Kentucky Board of Nursing, for any advanced practice\nregistered nurse who is:\na. Associated in a partnership or other business entity with a\nphysician who is already under investigation by the Kentucky\nBoard of Medical Licensure for improper prescribing or\ndispensing practices;\nb. Associated in a partnership or oth er business entity with an\nadvanced practice registered nurse who is already under\ninvestigation by the Board of Nursing for improper prescribing\npractices;\nc. In a designated geographic area for which a trend report indicates\na substantial likelihood that  inappropriate prescribing or\ndispensing may be occurring; or\nd. In a designated geographic area for which a report on a physician\nor another advanced practice registered nurse in that area indicates\na substantial likelihood that inappropriate prescribing or\ndispensing may be occurring in that area;\n9. A judge or a probation or parole officer administering a diversion or\nprobation program of a criminal defendant arising out of a violation of\nthis chapter or of a criminal defendant who is documented by the c ourt\nas a substance abuser who is eligible to participate in a court -ordered\ndrug diversion or probation program; or\n10. A medical examiner engaged in a death investigation pursuant to KRS\n72.026;\n(g) The Department for Medicaid Services shall use any data  or reports from the\nsystem for the purpose of identifying Medicaid providers or recipients whose\nprescribing, dispensing, or usage of controlled substances may be:\n1. Appropriately managed by a single outpatient pharmacy or primary care\nphysician; or\n2. Indicative of improper, inappropriate, or illegal prescribing or\ndispensing practices by a practitioner or drug seeking by a Medicaid\nrecipient;\n(h) A person who receives data or any report of the system from the cabinet shall\nnot provide it to any other pe rson or entity except as provided in this\nsubsection, in another statute, or by order of a court of competent jurisdiction\nand only to a person or entity authorized to receive the data or the report\nunder this section, except that:\n1. A person specified in  paragraph (f)2. of this subsection who is\nauthorized to receive data or a report may share that information with\nany other persons specified in paragraph (f)2. of this subsection\nauthorized to receive data or a report if the persons specified in\nparagraph (f)2. of this subsection are working on a bona fide specific\ninvestigation involving a designated person. Both the person providing\nand the person receiving the data or report under this subparagraph shall\ndocument in writing each person to whom the data or report has been\ngiven or received and the day, month, and year that the data or report\nhas been given or received. This document shall be maintained in a file\nby each agency engaged in the investigation;\n2. A representative of the Department for Medicai d Services may share\ndata or reports regarding overutilization by Medicaid recipients with a\nboard designated in paragraph (f)1. of this subsection, or with a law\nenforcement officer designated in paragraph (f)2. of this subsection;\n3. The Department for Medicaid Services may submit the data as evidence\nin an administrative hearing held in accordance with KRS Chapter 13B;\n4. If a state licensing board as defined in KRS 218A.205 initiates formal\ndisciplinary proceedings against a licensee, and data obtained by the\nboard is relevant to the charges, the board may provide the data to the\nlicensee and his or her counsel, as part of the notice process required by\nKRS 13B.050, and admit the data as evidence in an administrative\nhearing conducted pursuant to KRS Cha pter 13B, with the board and\nlicensee taking all necessary steps to prevent further disclosure of the\ndata; and\n5. A practitioner, pharmacist, or employee who obtains data under\nparagraph (f)5. of this subsection may share the report with the patient\nor pe rson authorized to act on the patient's behalf. Any practitioner,\npharmacist, or employee who obtains data under paragraph (f)5. of this\nsubsection may place the report in the patient's medical record, in which\ncase the individual report shall then be deem ed a medical record subject\nto disclosure on the same terms and conditions as an ordinary medical\nrecord in lieu of the disclosure restrictions otherwise imposed by this\nsection;\n(i) The cabinet, all peace officers specified in paragraph (f)2. of this subs ection,\nall officers of the court, and all regulatory agencies and officers, in using the\ndata for investigative or prosecution purposes, shall consider the nature of the\nprescriber's and dispenser's practice and the condition for which the patient is\nbeing treated;\n(j) Intentional failure to comply with the reporting requirements of this\nsubsection shall be a Class B misdemeanor for the first offense and a Class A\nmisdemeanor for each subsequent offense;\n(k) If the cabinet becomes aware of a prescriber's o r dispenser's failure to comply\nwith this section, the cabinet shall notify the licensing board or agency\nresponsible for licensing the prescriber or dispenser. The licensing board shall\ntreat the notification as a complaint against the license; and\n(l) A veterinarian licensed in Kentucky prescribing, administering, or dispensing\ncontrolled substances to animals shall not be required by administrative\nregulation or any other means to report the prescribing, administering, or\ndispensing of controlled substances to:\n1. The Controlled Substances Prescribing Council;\n2. The cabinet; or\n3. Any other governmental entity except the Kentucky Board of Veterinary\nExaminers.\n(4) For the purpose of monitoring the cultivation, processing, production,\nrecommending, and dispensing of medicinal cannabis:\n(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS\n218B.050 to provide written certifications for the use of  medicinal cannabis\nand every cannabis business licensed under KRS 218B.080, 218B.085, and\n218B.090 shall register with the cabinet to use the system provided for in this\nsection and shall maintain such registration continuously during the medicinal\ncannabis practitioner's authorization to provide written certifications or a\ncannabis business's term of licensure and shall not have to pay a fee or tax\nspecifically dedicated to the operation of the system;\n(b) No later than July 1, 2024, the cabinet shall ens ure that the system provided\nfor in this section allows:\n1. Medicinal cannabis practitioners to record the issuance of written\ncertifications to a patient as required by KRS 218B.050;\n2. The cabinet, law enforcement personnel, and dispensary agents to veri fy\nthe validity of registry identification cards issued by the cabinet. When\nverifying the validity of an identification card, the system shall only\ndisclose whether the identification card is valid and whether the\ncardholder is a registered qualified pati ent, visiting qualified patient, or\ndesignated caregiver;\n3. Dispensary agents to record the amount of medicinal cannabis that is\ndispensed to a cardholder during each transaction, as required by KRS\n218B.110;\n4. Law enforcement personnel and dispensary ag ents to access medicinal\ncannabis sales data recorded by dispensary agents pursuant to KRS\n218B.110;\n5. The sharing of dispensing data recorded by dispensary agents, pursuant\nto KRS 218B.110, with all licensed dispensaries in real time;\n6. Licensed cannabis businesses to record data required by administrative\nregulations promulgated pursuant to KRS 218B.140 to facilitate the\ntracking of medicinal cannabis from the point of cultivation to the point\nof sale to cardholders; and\n7. The cabinet to track all medi cinal cannabis in the state from the point of\ncultivation to the point of sale to a cardholder;\n(c) The cabinet shall only disclose data related to the cultivation, production,\nrecommending, and dispensing of medicinal cannabis to persons and entities\nauthorized to receive that data under this subsection. Disclosure to any other\nperson or entity, including disclosure in the context of a civil action where the\ndisclosure is sought either for the purpose of discovery or for evidence, is\nprohibited unless specifically authorized by this subsection. The cabinet shall\nbe authorized to provide data to:\n1. Any person or entity authorized to receive data pursuant to paragraph\n(b) of this subsection;\n2. A designated representative of a state licensing board responsible for the\nlicensure, regulation, or discipline of medicinal cannabis practitioners\nand who is involved in a bona fide specific investigation involving a\ndesignated person;\n3. Employees of the Office of the Inspector General of the cabinet who\nhave successfully completed training for the electronic system and who\nhave been approved to use the system, Kentucky Commonwealth's\nattorneys and assistant Commonwealth's attorneys, and county attorneys\nand assistant county attorneys who are engaged in a bona fide sp ecific\ninvestigation involving a designated person;\n4. A properly convened grand jury pursuant to a subpoena properly issued\nfor the records;\n5. A medicinal cannabis practitioner or an employee of a medicinal\ncannabis practitioner's practice acting under t he specific direction of the\nmedicinal cannabis practitioner, who certifies that the request for\ninformation is for the purpose of complying with KRS 218B.050(4)(c);\n6. The chief medical officer of a hospital or long -term-care facility, an\nemployee of the hospital or long-term-care facility as designated by the\nchief medical officer and who is working under his or her specific\ndirection, or a physician designee if the hospital or facility has no chief\nmedical officer, if the officer, employee, or designee c ertifies that the\nrequested information is for the purpose of providing medical or\npharmaceutical treatment to a bona fide current or prospective patient or\nresident in the hospital or facility;\n7. In addition to the purposes authorized under subparagraph 2. of this\nparagraph, the Kentucky Board of Medical Licensure, for any physician\nwho is:\na. Associated in a partnership, other business entity, or supervision\nagreement established pursuant to KRS 311.854 with a physician\nwho is already under investigation  by the Board of Medical\nLicensure for improper issuance of written certifications;\nb. Associated in a partnership or other business entity with an\nadvanced practice registered nurse who is already under\ninvestigation by the Board of Nursing for improper i ssuance of\nwritten certifications;\nc. In a designated geographic area for which a trend report indicates\na substantial likelihood that inappropriate issuance of written\ncertifications may be occurring; or\nd. In a designated geographic area for which a repo rt on another\nphysician in that area indicates a substantial likelihood that\ninappropriate issuance of written certifications may be occurring in\nthat area;\n8. In addition to the purposes authorized under subparagraph 2. of this\nparagraph, the Kentucky Boa rd of Nursing, for any advanced practice\nregistered nurse who is:\na. Associated in a partnership or other business entity with a\nphysician who is already under investigation by the Kentucky\nBoard of Medical Licensure for improper issuance of written\ncertifications;\nb. Associated in a partnership or other business entity wit h an\nadvanced practice registered nurse who is already under\ninvestigation by the Board of Nursing for improper issuance of\nwritten certifications;\nc. In a designated geographic area for which a trend report indicates\na substantial likelihood that inapprop riate issuance of written\ncertifications may be occurring; or\nd. In a designated geographic area for which a report on another\nadvanced practice registered nurse in that area indicates a\nsubstantial likelihood that inappropriate issuance of written\ncertifications may be occurring in that area;\n9. A judge or a probation or parole officer administering a diversion or\nprobation program of a criminal defendant arising out of a violation of\nthis chapter or of a criminal defendant who is documented by the court\nas a substance abuser who is eligible to participate in a court -ordered\ndrug diversion or probation program;\n10. A medical examiner engaged in a death investigation pursuant to KRS\n72.026; or\n11. The Legislative Research Commission, the University of Kentuc ky\nCollege of Medicine, or the Kentucky Center for Cannabis established\nin KRS 164.983 if the cabinet determines that disclosing data related to\nthe cultivation, production, recommending, and dispensing of medicinal\ncannabis to the Legislative Research Com mission, the University of\nKentucky College of Medicine, or the Kentucky Center for Cannabis is\nnecessary to comply with the reporting requirements established in KRS\n218B.020(8); and\n(d) A person who receives data or any report of the system from the cabi net shall\nnot provide it to any other person or entity except as provided in this section,\nin another statute, or by order of a court of competent jurisdiction and only to\na person or entity authorized to receive the data or the report under this\nsection, except that:\n1. A person specified in paragraph (c)3. of this subsection who is\nauthorized to receive data or a report may share that information with\nany other persons specified in paragraph (c)3. of this subsection\nauthorized to receive data or a report if the persons specified in\nparagraph (c)3. of this subsection are working on a bona fide specific\ninvestigation involving a designated person. Both the person providing\nand the person receiving the data or report under this subparagraph shall\ndocument in writing each person to whom the data or report has been\ngiven or received and the day, month, and year that the data or report\nhas been given or received. This document shall be maintained in a file\nby each agency engaged in the investigation;\n2. If a stat e licensing board initiates formal disciplinary proceedings\nagainst a licensee, and data obtained by the board is relevant to the\ncharges, the board may provide the data to the licensee and his or her\ncounsel, as part of the notice process required by KRS 13B.050, and\nadmit the data as evidence in an administrative hearing conducted\npursuant to KRS Chapter 13B, with the board and licensee taking all\nnecessary steps to prevent further disclosure of the data; and\n3. A medicinal cannabis practitioner or an emp loyee of a medicinal\ncannabis practitioner's practice acting under the specific direction of the\nmedicinal cannabis practitioner who obtains data under paragraph (c)5.\nof this subsection may share the report with the patient or person\nauthorized to act on the patient's behalf. Any medicinal cannabis\npractitioner or employee who obtains data under paragraph (c)5. of this\nsubsection may place the report in the patient's medical record, in which\ncase the individual report shall then be deemed a medical record subject\nto disclosure on the same terms and conditions as an ordinary medical\nrecord in lieu of the disclosure restrictions otherwise imposed by this\nsection.\n(5) The data contained in, and any report obtained from, the electronic system for\nmonitoring established pursuant to this section shall not be a public record, except\nthat the Department for Medicaid Services may submit the data as evidence in an\nadministrative hearing held in accordance with KRS Chapter 13B.\n(6) Intentional disclosure of transmitted  data to a person not authorized by subsection\n(3)(f) to (h) or (4)(c) and (d) of this section or authorized by KRS 315.121, or\nobtaining information under this section not relating to a bona fide current or\nprospective patient or a bona fide specific inve stigation, shall be a Class B\nmisdemeanor for the first offense and a Class A misdemeanor for each subsequent\noffense.\n(7) The cabinet may, by promulgating an administrative regulation, limit the length of\ntime that data remain in the electronic system. An y data removed from the system\nshall be archived and subject to retrieval within a reasonable time after a request\nfrom a person authorized to review data under this section.\n(8) (a) The Cabinet for Health and Family Services shall work with each board\nresponsible for the licensure, regulation, or discipline of practitioners,\npharmacists, or other persons who are authorized to prescribe, administer, or\ndispense controlled substances for the development of a continuing education\nprogram about the purposes an d uses of the electronic system for monitoring\nestablished in this section.\n(b) The cabinet shall work with each board responsible for the licensure,\nregulation, or discipline of medicinal cannabis practitioners for the\ndevelopment of a continuing educatio n program about the purposes and uses\nof the electronic system for monitoring established in this section.\n(c) The cabinet shall work with the Kentucky Bar Association for the\ndevelopment of a continuing education program for attorneys about the\npurposes and uses of the electronic system for monitoring established in this\nsection.\n(d) The cabinet shall work with the Justice and Public Safety Cabinet for the\ndevelopment of a continuing education program for law enforcement officers\nabout the purposes and use s of the electronic system for monitoring\nestablished in this section.\n(e) The cabinet shall develop a training program for cannabis business agents\nabout the purposes and uses of the electronic system for monitoring\nestablished in this section.\n(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify\npatterns of potential improper, inappropriate, or illegal prescribing or dispensing of\na controlled substance, issuance of written certifications, or cultivation, processing,\nor dispensing of medicinal cannabis. The Office of Inspector General may\nindependently investigate and submit findings and recommendations to the\nappropriate boards of licensure or other reporting agencies.\n(10) The cabinet shall promulgate administrative r egulations in accordance with KRS\nChapter 13A to implement the provisions of this section. Included in these\nadministrative regulations shall be:\n(a) An error resolution process allowing a patient to whom a report had been\ndisclosed under subsections (3) and (4) of this section to request the correction\nof inaccurate information contained in the system relating to that patient; and\n(b) A requirement that data be reported to the system under subsection (3)(b) of\nthis section within one (1) day of dispensing.\n(11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward\ndata regarding any felony or Class A misdemeanor conviction that involves\nthe trafficking or possession of a controlled substance or other prohibited acts\nunder KRS Chapte r 218A for the previous five (5) calendar years to the\ncabinet for inclusion in the electronic monitoring system established under\nthis section. On or after July 1, 2018, such data shall be forwarded by the\nAdministrative Office of the Courts to the cabine t on a continuing basis. The\ncabinet shall incorporate the data received into the system so that a query by\npatient name indicates any prior drug conviction.\n(b) Before July 1, 2024, the Administrative Office of the Courts shall forward all\navailable data regarding any disqualifying felony offense for the previous five\n(5) calendar years to the cabinet for inclusion in the electronic monitoring\nsystem established under this section. On or after July 1, 2024, such data shall\nbe forwarded by the Administrativ e Office of the Courts to the cabinet on a\ncontinuing basis. The cabinet shall incorporate the data received into the\nsystem so that a query by patient name indicates any prior disqualifying\nfelony conviction.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57304","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"776cd6e8f305d03d23b58741c8127806d5e5968a228580a7744d52d4ef2e5d58","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.200","next":"us-ky/krs-218a.204"},"notice":"GroundRules: Original legal text. Not legal advice."}