Kentucky Statutes 311.619 – Confidentiality and privileged status of program’s records
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(1) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the program formed under KRS § 311.616, as well as all communications to or from the program, and any findings, conclusions, interventions, treatment, or rehabilitation, or other proceedings of the program which in any way pertain or refer to an individual licensed by the board who may be, or who is actually, impaired shall be privileged and confidential.
(2) All records and proceedings of the program which pertain or refer to an individual licensed by the board who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the program and its members only in the exercise of the proper function of the program and shall not be considered public records nor shall they be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (3) of this section.
(3) The program may disclose information relative to an impaired individual licensed by the board only:
(a) When it is essential to disclose such information to further the intervention, treatment, or rehabilitation needs of the impaired individual, and then only to those persons or organizations with a need to know;
(b) When its release is authorized in writing by the impaired individual; or
(c) When the program is required to make a report to the board.
(4) The program shall report any suspected violation of KRS § 311.595 to the board.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 39, sec. 8, effective July 15, 2020. — Amended
2002 Ky. Acts ch. 130, sec. 22, effective July 15, 2002. — Created 1994 Ky. Acts ch.
190, sec. 17, effective July 15, 1994.
(2) All records and proceedings of the program which pertain or refer to an individual licensed by the board who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the program and its members only in the exercise of the proper function of the program and shall not be considered public records nor shall they be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (3) of this section.
Terms Used In Kentucky Statutes 311.619
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) The program may disclose information relative to an impaired individual licensed by the board only:
(a) When it is essential to disclose such information to further the intervention, treatment, or rehabilitation needs of the impaired individual, and then only to those persons or organizations with a need to know;
(b) When its release is authorized in writing by the impaired individual; or
(c) When the program is required to make a report to the board.
(4) The program shall report any suspected violation of KRS § 311.595 to the board.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 39, sec. 8, effective July 15, 2020. — Amended
2002 Ky. Acts ch. 130, sec. 22, effective July 15, 2002. — Created 1994 Ky. Acts ch.
190, sec. 17, effective July 15, 1994.