218B.135 Cabinet to maintain confidential list of cardholders -- Exemptions from
556 words·~3 min read·
/ky/218b-135A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Open Records Act -- Certain information not exempt – Penalty.
(1)The cabinet shall maintain a confidential list of the persons to whom the cabinet has
issued registry identification cards and their addresses, telephone numbers, and
registry identification numbers.
(2)The cabinet shall, only at a cardholder’s request, confirm his or her status as a
registered qualified patient, visiting qualified patient, or designated caregiver to a
third party, such as a landlord, employer, school, medical professional, or court.
(3)The following information received and records kept pursuant to the cabinet's
administrative regulations promulgated for purposes of administering this chapter
shall be confidential and exempt from the Open Records Act, KRS 61.870 to
61.884, and shall not be subject to disclosure to any individual or public or private
entity, except as necessary for authorized employees of the cabinet to perform
official duties pursuant to this chapter:
(a)Applications and renewals, their contents, and supporting information
submitted by qualified patients, visiting qualified patients, and designated
caregivers in compliance with KRS 218B.055, including information
regarding their designated caregivers and medicinal cannabis practitioners;
(b)The individual names and other information identifying persons to whom the
cabinet has issued registry identification cards;
(c)Any dispensing information required to be kept under KRS 218B.110 or the
cabinet's administrative regulations which shall only identify cardholders by
their registry identification numbers and shall not contain names or other
personal identifying information; and
(d)Any cabinet hard drives or other data-recording media that are no longer in
use and that contain cardholder information. These hard drives and other
media shall be destroyed after a reasonable time or after the data is otherwise
stored.
Data subject to this section shall not be combined or linked in any manner with any
other list or database maintained by the cabinet and shall not be used for any
purpose not provided for in this chapter.
(4)Nothing in this section shall preclude the following:
(a)Notification by the cabinet's employees to state or local law enforcement
about falsified or fraudulent information submitted to the cabinet or of other
apparently criminal violations of this chapter if the employee who suspects
that falsified or fraudulent information has been submitted has conferred with
his or her supervisor and both agree that circumstances exist that warrant
reporting;
(b)Notification by the cabinet's employees to a state licensing board if the
cabinet has reasonable suspicion to believe a medicinal cannabis practitioner
did not have a bona fide practitioner-patient relationship with a patient for
whom he or she signed a written certification, if the cabinet has reasonable
suspicion to believe the medicinal cannabis practitioner violated the standard
of care, or for other suspected violations of this chapter by a medicinal
cannabis practitioner;
(c)Notification by dispensary agents to the cabinet of a suspected violation or
attempted violation of this chapter or the administrative regulations
promulgated thereunder;
(d)Verification by the cabinet of registry identification cards issued pursuant to
KRS 218B.055, 218B.060, and 218B.065; and
(e)The submission of the report required by KRS 218B.020 to the General
Assembly.
(5)It shall be a misdemeanor punishable by up to one hundred eighty
(180)days in jail
for any person, including an employee or official of the cabinet or another state
agency or local government, to knowingly breach the confidentiality of information
obtained pursuant to this chapter.