Kentucky Statutes 216B.208 – Plan to enforce program — Private right of action
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(1) The cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing
Drug Certification Program that includes the following conditions:
(a) If an individual or entity intentionally, knowingly, or recklessly provides abortion-inducing drugs without first seeking certification, the cabinet shall:
1. Immediately report the act to local law enforcement or other applicable state and local agencies; and
2. Impose a fine of no less than five million dollars ($5,000,000) for pharmacies, manufacturers, or distributors;
(b) If a certified pharmacy, manufacturer, or distributor is determined to be in noncompliance, suspend any certification until compliance is proven to the satisfaction of the cabinet;
(c) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated certification requirements, or refuses to bring operations into compliance within ninety (90) calendar days, remove certification and prohibit continued provision of abortion-inducing drugs by the pharmacy, manufacturer, or distributor until compliance is demonstrated to the satisfaction of the cabinet;
(d) If a certified pharmacy, manufacturer, or distributor is in noncompliance, suspend annual recertification until compliance is demonstrated to the satisfaction of the cabinet; and
(e) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated KRS
216B.200 to 216B.210, or refuses to bring operations into compliance:
1. Immediately suspend the pharmacy’s, manufacturer s, or distributor scertification until full compliance is demonstrated;
2. For certified pharmacies, manufacturers, or distributors, impose fines of not less than one million dollars ($1,000,000) per offense;
3. For registered physicians, impose fines of not less than one hundred thousand dollars ($100,000) per offense;
4. Permanently revoke the certification of the offender if the offender fails to demonstrate compliance within ninety (90) calendar days;
5. Impose remedial actions, which may include additional education, additional reporting, or other actions as required by the cabinet;
6. In the case of a pharmacy, manufacturer, or distributor, recommend sanctioning to the appropriate disciplinary committee of the cabinet;
7. In the case of a licensed physician, report the violation to the Kentucky Board of Medical Licensure and recommend appropriate sanctioning;
8. Publicly report any disciplinary actions, consistent with the practices of the cabinet;
9. Permanently revoke the certification of the offender; and
10. In the case of a pharmacy, manufacturer, or distributor, report the
violation to the Kentucky Board of Pharmacy and recommend appropriate sanctions, including permanent revocation of licensure.
(2) Individuals have a private right of action to seek restitution in any court of law with appropriate jurisdiction for any and all damages suffered for intentional, knowing, or reckless violations of KRS § 216B.200 to KRS § 216B.210.
Effective:April 14, 2022
History: Created 2022 Ky. Acts ch. 210, sec. 18, effective April 14, 2022.
Drug Certification Program that includes the following conditions:
Terms Used In Kentucky Statutes 216B.208
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) If an individual or entity intentionally, knowingly, or recklessly provides abortion-inducing drugs without first seeking certification, the cabinet shall:
1. Immediately report the act to local law enforcement or other applicable state and local agencies; and
2. Impose a fine of no less than five million dollars ($5,000,000) for pharmacies, manufacturers, or distributors;
(b) If a certified pharmacy, manufacturer, or distributor is determined to be in noncompliance, suspend any certification until compliance is proven to the satisfaction of the cabinet;
(c) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated certification requirements, or refuses to bring operations into compliance within ninety (90) calendar days, remove certification and prohibit continued provision of abortion-inducing drugs by the pharmacy, manufacturer, or distributor until compliance is demonstrated to the satisfaction of the cabinet;
(d) If a certified pharmacy, manufacturer, or distributor is in noncompliance, suspend annual recertification until compliance is demonstrated to the satisfaction of the cabinet; and
(e) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated KRS
216B.200 to 216B.210, or refuses to bring operations into compliance:
1. Immediately suspend the pharmacy’s, manufacturer s, or distributor scertification until full compliance is demonstrated;
2. For certified pharmacies, manufacturers, or distributors, impose fines of not less than one million dollars ($1,000,000) per offense;
3. For registered physicians, impose fines of not less than one hundred thousand dollars ($100,000) per offense;
4. Permanently revoke the certification of the offender if the offender fails to demonstrate compliance within ninety (90) calendar days;
5. Impose remedial actions, which may include additional education, additional reporting, or other actions as required by the cabinet;
6. In the case of a pharmacy, manufacturer, or distributor, recommend sanctioning to the appropriate disciplinary committee of the cabinet;
7. In the case of a licensed physician, report the violation to the Kentucky Board of Medical Licensure and recommend appropriate sanctioning;
8. Publicly report any disciplinary actions, consistent with the practices of the cabinet;
9. Permanently revoke the certification of the offender; and
10. In the case of a pharmacy, manufacturer, or distributor, report the
violation to the Kentucky Board of Pharmacy and recommend appropriate sanctions, including permanent revocation of licensure.
(2) Individuals have a private right of action to seek restitution in any court of law with appropriate jurisdiction for any and all damages suffered for intentional, knowing, or reckless violations of KRS § 216B.200 to KRS § 216B.210.
Effective:April 14, 2022
History: Created 2022 Ky. Acts ch. 210, sec. 18, effective April 14, 2022.