(1) A person is guilty of criminal possession of a medical record when he or she possesses a medical record with the intent to unlawfully obtain a controlled substance by:
(a) Falsifying, altering, or creating a medical record; or

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonybetween 5 and 10 yearsbetween $1,000 and $10,000
For details, see § 532.060
criminal case

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Terms Used In Kentucky Statutes 218A.320

  • Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
  • Second or subsequent offense: means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. See Kentucky Statutes 218A.010

(b) Selling or unlawfully transferring the medical record to another person.
(2) Any person who violates any subsection of this section shall be guilty of a Class D
felony for the first offense and a Class C felony for a second or subsequent offense.
Effective: June 26, 2007
History: Created 2007 Ky. Acts ch. 124, sec. 5, effective June 26, 2007.

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