Kentucky Statutes 218A.245 – Reciprocal agreements or contracts with other states, jurisdictions, counties, or political subdivisions or with an administering organization to share prescription drug monitoring information
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(1) The secretary of the Cabinet for Health and Family Services may enter into reciprocal agreements or a contract, either directly with any other state or states of the United States or any jurisdiction, county, or political subdivision thereof, or with an organization administering the exchange of interstate data on behalf of the prescription monitoring program of one (1) or more states or jurisdictions, to share prescription drug monitoring information if the other prescription drug monitoring program or data exchange program is compatible with the program in Kentucky. If the secretary elects to evaluate the prescription drug monitoring program of another state, jurisdiction, or organization as authorized by this section, priority shall be given to a state or jurisdiction that is contiguous with the borders of the Commonwealth or an organization that offers connectivity with a contiguous state or jurisdiction.
(2) In determining compatibility, the secretary shall consider:
(a) The essential purposes of the program and the success of the program in fulfilling those purposes;
(b) The safeguards for privacy of patient records and its success in protecting patient privacy;
(c) The persons authorized to view the data collected by the program; (d) The schedules of controlled substances monitored;
(e) The data required to be submitted on each prescription or dispensing;
(f) Any implementation criteria deemed essential for a thorough comparison; and
(g) The costs and benefits to the Commonwealth in mutually sharing particular information available in the Commonwealth’s database with the program under consideration.
(3) The secretary shall review any agreement on an annual basis to determine its continued compatibility with the Kentucky prescription drug monitoring program.
(4) Any agreement between the cabinet and another state, jurisdiction, or organization shall prohibit the sharing of information about a Kentucky resident, practitioner, pharmacist, or other prescriber or dispenser for any purpose not otherwise authorized by this section or KRS § 218A.202.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 20, sec. 2, effective July 15, 2020. — Amended
2018 Ky. Acts ch. 30, sec. 1, effective July 14, 2018. — Amended 2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 6, effective July 20, 2012. — Amended 2005 Ky. Acts ch.
99, sec. 547, effective June 20, 2005. — Created 2004 Ky. Acts ch. 107, sec. 3, effective July 13, 2004.
(2) In determining compatibility, the secretary shall consider:
Terms Used In Kentucky Statutes 218A.245
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218A.010
- Contract: A legal written agreement that becomes binding when signed.
- Dispenser: means a person who lawfully dispenses a Schedule II, III, IV, or V
controlled substance to or for the use of an ultimate user. See Kentucky Statutes 218A.010 - Drug: means :
(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Kentucky Statutes 218A.010 - 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.
- Pharmacist: means a natural person licensed by this state to engage in the practice
of the profession of pharmacy. See Kentucky Statutes 218A.010 - Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS §. See Kentucky Statutes 218A.010
- Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010
- 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) The essential purposes of the program and the success of the program in fulfilling those purposes;
(b) The safeguards for privacy of patient records and its success in protecting patient privacy;
(c) The persons authorized to view the data collected by the program; (d) The schedules of controlled substances monitored;
(e) The data required to be submitted on each prescription or dispensing;
(f) Any implementation criteria deemed essential for a thorough comparison; and
(g) The costs and benefits to the Commonwealth in mutually sharing particular information available in the Commonwealth’s database with the program under consideration.
(3) The secretary shall review any agreement on an annual basis to determine its continued compatibility with the Kentucky prescription drug monitoring program.
(4) Any agreement between the cabinet and another state, jurisdiction, or organization shall prohibit the sharing of information about a Kentucky resident, practitioner, pharmacist, or other prescriber or dispenser for any purpose not otherwise authorized by this section or KRS § 218A.202.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 20, sec. 2, effective July 15, 2020. — Amended
2018 Ky. Acts ch. 30, sec. 1, effective July 14, 2018. — Amended 2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 6, effective July 20, 2012. — Amended 2005 Ky. Acts ch.
99, sec. 547, effective June 20, 2005. — Created 2004 Ky. Acts ch. 107, sec. 3, effective July 13, 2004.