Kentucky Statutes 351.185 – Confidentiality of drug and alcohol test results — Exceptions — Use of results in criminal proceeding against applicant prohibited
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(1) Records of drug or alcohol test results, written or otherwise, received by the division, its contractors, subcontractors, or other employees are confidential communications and exempt from disclosure under the Kentucky Open Records Act, except as follows:
(a) Where release of the information is authorized solely pursuant to a written consent form signed voluntarily by the person tested. The consent form shall contain the following:
1. The name of the person who is authorized to obtain the information;
2. The purpose of the disclosure;
3. The precise information to be disclosed;
4. The duration of the consent; and
5. The signature of the person authorizing the release of the information;
(b) Where release of the information is compelled by a hearing officer or court of competent jurisdiction pursuant to an appeal taken under KRS § 351.182,
351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110,
351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and
352.390;
(c) Where release of the information is relevant to a legal claim asserted by the applicant;
(d) Where the information is used by the entity conducting drug or alcohol testing when consulting with legal counsel in connection with matters brought under or related to KRS § 351.182, 351.183, 351.184, 351.185, 351.102, 351.103,
351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010,
352.180, 352.210, and 352.390, or in its defense of civil or administrative actions related to the testing or results; or
(e) Where release of the information is deemed appropriate by the Mine Safety Review Commission or a court of competent jurisdiction in disciplinary proceeding brought under the terms of KRS § 351.182, 351.183, 351.184,
351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127,
351.1291, 351.170, 352.180, 352.210, and 352.390.
(2) Information on drug and alcohol test results for tests administered pursuant to KRS
351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106,
351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and
352.390 shall not be released or used in any criminal proceeding against the applicant.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 24, effective June 24, 2015. — Created
2006 Ky. Acts ch. 241, sec. 5, effective July 12, 2006.
(a) Where release of the information is authorized solely pursuant to a written consent form signed voluntarily by the person tested. The consent form shall contain the following:
Terms Used In Kentucky Statutes 351.185
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Mine Safety Review Commission created by KRS
351. See Kentucky Statutes 351.010 - Division: means the Division of Mine Safety. See Kentucky Statutes 351.010
- 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.
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 351.010
1. The name of the person who is authorized to obtain the information;
2. The purpose of the disclosure;
3. The precise information to be disclosed;
4. The duration of the consent; and
5. The signature of the person authorizing the release of the information;
(b) Where release of the information is compelled by a hearing officer or court of competent jurisdiction pursuant to an appeal taken under KRS § 351.182,
351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110,
351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and
352.390;
(c) Where release of the information is relevant to a legal claim asserted by the applicant;
(d) Where the information is used by the entity conducting drug or alcohol testing when consulting with legal counsel in connection with matters brought under or related to KRS § 351.182, 351.183, 351.184, 351.185, 351.102, 351.103,
351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010,
352.180, 352.210, and 352.390, or in its defense of civil or administrative actions related to the testing or results; or
(e) Where release of the information is deemed appropriate by the Mine Safety Review Commission or a court of competent jurisdiction in disciplinary proceeding brought under the terms of KRS § 351.182, 351.183, 351.184,
351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127,
351.1291, 351.170, 352.180, 352.210, and 352.390.
(2) Information on drug and alcohol test results for tests administered pursuant to KRS
351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106,
351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and
352.390 shall not be released or used in any criminal proceeding against the applicant.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 24, effective June 24, 2015. — Created
2006 Ky. Acts ch. 241, sec. 5, effective July 12, 2006.