{"data":{"id":"us-ky/krs-351.185","jurisdiction":"us-ky","citation":"KRS 351.185","heading":"Confidentiality of drug and alcohol test results -- Exceptions -- Use of","body":"results in criminal proceeding against applicant prohibited.\n(1) Records of drug or alcohol test results, written or otherwise, received by the\ndivision, its contractors, subco ntractors, or other employees are confidential\ncommunications and exempt from disclosure under the Kentucky Open Records\nAct, except as follows:\n(a) Where release of the information is authorized solely pursuant to a written\nconsent form signed voluntarily  by the person tested. The consent form shall\ncontain the following:\n1. The name of the person who is authorized to obtain the information;\n2. The purpose of the disclosure;\n3. The precise information to be disclosed;\n4. The duration of the consent; and\n5. The signature of the person authorizing the release of the information;\n(b) Where release of the information is compelled by a hearing officer or court of\ncompetent jurisdiction pursuant to an appeal taken under KRS 351.182,\n351.183, 351.184, 351.185, 351 .102, 351.103, 351.1041, 351.106, 351.110,\n351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and\n352.390;\n(c) Where release of the information is relevant to a legal claim asserted by the\napplicant;\n(d) Where the information is used by the entity conducting drug or alcohol testing\nwhen consulting with legal counsel in connection with matters brought under\nor related to KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103,\n351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352 .010,\n352.180, 352.210, and 352.390, or in its defense of civil or administrative\nactions related to the testing or results; or\n(e) Where release of the information is deemed appropriate by the Mine Safety\nReview Commission or a court of competent jurisdic tion in disciplinary\nproceeding brought under the terms of KRS 351.182, 351.183, 351.184,\n351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127,\n351.1291, 351.170, 352.180, 352.210, and 352.390.\n(2) Information on drug and alcohol test re sults for tests administered pursuant to KRS\n351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106,\n351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and\n352.390 shall not be released or used in any criminal proceed ing against the\napplicant.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44541","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"533021a1a84d263e4804af5c8b0fa6d8aa90875f549af529f534b428449bbb4e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.184","next":"us-ky/krs-351.186"},"notice":"GroundRules: Original legal text. Not legal advice."}