{"data":{"id":"us-ky/krs-403.137","jurisdiction":"us-ky","citation":"KRS 403.137","heading":"Disclosure of medical records -- Guidelines -- Limitations.","body":"(1) When a release of medical records, including mental health records of either party\nto a divorce or custody proceeding under this chapter, is tendered pursuant to the\nFamily Court  Rules of Practice and Procedure (FCRPP), those records shall be\ndelivered pursuant to the FCRPP guidelines.\n(2) In the event either party objects to signing a release related to production of his or\nher medical or mental health records, an individual with  a legally recognized\ninterest in the disclosures sought may request an order authorizing the disclosure of\na party's medical or mental health records.  The request shall:\n(a) Use initials only to refer to any patient; and\n(b) Not contain or otherwise disc lose any patient -identifying information unless\nthe:\n1. Patient is the applicant;\n2. Patient has given written consent to disclose; or\n3. Court has ordered the record of the proceeding sealed from the public.\n(3) The patient and the person holding the reco rds from whom disclosure is sought\nshall be provided:\n(a) Adequate notice in a manner that does not disclose patient -identifying\ninformation to other persons; and\n(b) An opportunity to file a written response to the request, or to appear in person,\nfor the limited purpose of providing evidence on the statutory and regulatory\ncriteria for the issuance of the court order as described in subsection (5) of this\nsection.\n(4) Unless the patient requests an open hearing, any oral argument, review of evidence,\nor hearing on the request shall be held in the judge's chambers or in some manner\nwhich ensures that patient -identifying information is not disclosed to anyone other\nthan a party to the proceeding, the patient, or the person holding the record. The\nproceeding may include an examination by the judge of the patient records referred\nto in the request.\n(5) An order under subsection (2) of this section shall be entered only if t he court finds\nthat:\n(a) Other ways of obtaining the information are not available or would not be\neffective; and\n(b) The public interest and need for the disclosure outweigh the potential injury to\nthe patient, the physician-patient relationship, and the treatment services.\n(6) All medical and mental health records used in proceedings under this chapter shall\nbe accompanied by an order which shall:\n(a) Limit disclosure to those parts of the patient's record which are essential to\nfulfill the objective of the order;\n(b) Limit disclosure to those persons whose need for information is the basis for\nthe order; and\n(c) Include other measures as are necessary to limit disclosure for the protection\nof the patient, the physician -patient relationship, and the treatm ent services,\nsuch as:\n1. Limiting viewing of the records to in camera inspection;\n2. Restricting discussion of the content of the medical or mental health\nrecords with anyone who is not a party to the case;\n3. Restricting copying, photographing, or otherw ise duplicating records;\nand\n4. Sealing the record.\n(7) A violation of an order entered under this section may subject the offender to the\ncontempt powers of the court.\n(8) Nothing in this section shall be construed to restrict treatment providers or other\nprofessionals involved in a court proceeding from collaborating or consulting with\none another or any other individual involved in the proceeding from reporting a\nlegitimate safety concern or incident of abuse to the appropriate authorities.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53774","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"b8dab7e80c51cb80e336caa67cb519153417add453441f2f8c019cd737cdd2b6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.135","next":"us-ky/krs-403.140"},"notice":"GroundRules: Original legal text. Not legal advice."}