{"data":{"id":"us-ky/krs-313.130","jurisdiction":"us-ky","citation":"KRS 313.130","heading":"Examination of licensee, certificate holder, or applicant by physician or","body":"psychologist -- Temporary suspension -- Well-being Committee to promote\nidentification, treatment, and rehabilitation of impaired individuals --\nConfidentiality of documents -- Limits on disclosure.\n(1) If the Law Enforcement Committee has reasonable cause to believe any licensee or\ncertificate holder or any applicant for licensure or registration by examination,\nreinstatement, credentials, or change of status is unable to p ractice with reasonable\nskill or safety or has abused alcohol or drugs, it may require such person to submit\nto a mental or physical examination by a physician or psychologist it designates.\nUpon the failure of the person to submit to a mental or physical examination, unless\ndue to circumstances beyond the person's control, the Law Enforcement Committee\nmay initiate an action for immediate temporary suspension pursuant to this chapter\nor deny the application until the person submits to the required examinat ion. The\nLaw Enforcement Committee may issue an immediate and temporary suspension\nfrom the time of the examination until the hearing.\n(2) Every licensee or certificate holder or applicant for licensure or registration by\nexamination, reinstatement, credentials, or change of status shall be deemed to have\ngiven consent to submit to an examination when so directed in writing by the board.\nThe direction to submit to an examination shall contain the basis of the Office of\nthe Board's reasonable cause to believ e that the person is unable to practice with\nreasonable skill or safety or has abused alcohol or drugs. The person shall be\ndeemed to have waived all objections to the admissibility of the examining\nphysician's or psychologist's testimony or examination re ports on the ground of\nprivileged communication.\n(3) The licensee or certificate holder or applicant for licensure or registration by\nexamination, reinstatement, credentials, or change of status shall bear the cost of\nany mental or physical examination ordered by the Office of the Board.\n(4) The board shall establish a committee for individuals licensed or registered by the\nboard, to be designated as the Well -being Committee, to promote the early\nidentification, intervention, treatment, and rehabilitation o f individuals licensed or\nregistered who may be impaired by reasons of illness, alcohol or drug abuse, or as a\nresult of any physical or mental condition. The board may enter into contractual\nagreements for the purpose of creating, supporting, and maintain ing the Well-being\nCommittee. The board may promulgate administrative regulations in accordance\nwith KRS Chapter 13A to effectuate and implement the committee and may expend\nany funds it deems necessary to adequately provide for operational expenses of the\ncommittee. Any member of the Well -being Committee, as well as any\nadministrator, staff member, consultant, agent, or employee of the committee acting\nwithin the scope of their duties and without actual malice, and all other persons who\nfurnish information to the committee in good faith and without actual malice, shall\nnot be liable for any claim of damages as a result of any statement, decision,\nopinion, investigation, or action taken by the committee or by any individual\nmember of the committee.\n(5) All i nformation, interviews, reports, statements, memoranda, or other documents\nfurnished to or produced by the Well -being Committee, as well as communications\nto or from the committee, and any findings, conclusions, interventions, treatment,\nrehabilitation, or  other proceedings of the committee related to an individual\nlicensed or registered who may be, or who actually is, impaired shall be privileged\nand confidential.\n(6) All records and proceedings of the Well -being Committee which pertain or refer to\nan individual licensed or registered who may be, or who actually is, impaired shall\nbe privileged and confidential and shall be used by the committee and its members\nonly in the exercise of the proper function of the committee and shall not be\nconsidered public r ecords and shall be subject to court subpoena and subject to\ndiscovery or introduction as evidence in any civil, criminal, or administrative\nproceedings except as described in subsection (4) of this section.\n(7) The Well -being Committee may disclose inform ation relative to an impaired\nlicensee or certificate holder when:\n(a) It is essential to disclose the information to further the intervention, treatment,\nor rehabilitation needs of the impaired individual, and only to those persons or\norganizations with a need to know;\n(b) Its release is authorized in writing by the impaired individual;\n(c) The committee is required to make a report to the board; or\n(d) The information is subject to court order.\n(8) Notwithstanding subsections (5) and (6) of this section, the board may publicly\ndisclose the basis of a disciplinary action provided that the board does not disclose\ninformation furnished to or produced by the Well-being Committee.","path":["KRS Chapter 313"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56886","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:09Z","sha256":"8ecfd127ce368fc40d9c0b5e896711b291be8403abbfd3d7b56b85524369e0ea","source_id":"us-ky","stale":false,"prev":"us-ky/krs-313.120","next":"us-ky/krs-313.140"},"notice":"GroundRules: Original legal text. Not legal advice."}