72.026 Testing for presence of controlled substances in post-mortem examination --
344 words·~2 min read·
/ky/72-026A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When required -- Reporting of drug overdose -- Administrative regulations.
(1)In cases requiring a post-mortem examination under KRS 72.025, the coroner or
medical examiner shall take a biological sample and have it tested for the presence
of any controlled substances which were in the body at the time of death and which
at the scene may have contributed to the cause of death.
(2)If a coroner or medical examiner determines that a drug overdose is the cause of
death of a person, he or she shall provide notice of the death to:
(a)The state registrar of vital statistics and the Department of Kentucky State
Police. The notice shall include any information relating to the drug that
resulted in the overdose. The state registrar of vital statistics shall not enter the
information on the deceased person's death certificate unless the information
is already on the death certificate;
(b)The licensing board for the individual who prescribed or dispensed the
medication, if known. The notice shall include any information relating to the
drug that resulted in the overdose, including the individual authorized by law
to prescribe or dispense drugs who dispensed or prescribed the drug to the
decedent; and
(c)For coroners only, the Commonwealth's attorney and a local law enforcement
agency in the circuit where the death occurred, if the death resulted from the
use of a Schedule I controlled substance. The notice shall include all
information as to the types and concentrations of Schedule I drugs detected.
This subsection shall not apply to reporting the name of a pharmacist who
dispensed a drug based on a prescription.
(3)The state registrar of vital statistics shall report, within five
(5)business days of the
receipt of a certified death certificate or amended death certificate, to the Division
of Kentucky State Medical Examiners Office, any death which has resulted from the
use of drugs or a drug overdose.
(4)The Justice and Public Safety Cabinet in consultation with the Kentucky State
Medical Examiners Office shall promulgate administrative regulations necessary to
administer this section.