216B.208 Plan to enforce program -- Private right of action.
433 words·~2 min read·
/ky/chapter-216b/216b-208A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing
Drug Certification Program that includes the following conditions:
(a)If an individual or entity intentionally, knowingly, or recklessly provides
abortion-inducing drugs without first seeking certification, the cabinet
shall:
1. Immediately report the act to local law enforcement or other
applicable state and local agencies; and
2. Impose a fine of no less than five million dollars ($5,000,000) for
pharmacies, manufacturers, or distributors;
(b)If a certified pharmacy, manufacturer, or distributor is determined to be in
noncompliance, suspend any certification until compliance is proven to
the satisfaction of the cabinet;
(c)If a current or previously certified pharmacy, manufacturer, or distributor
is found to have intentionally, knowingly, or recklessly violated certification
requirements, or refuses to bring operations into compliance within ninety
(90)calendar days, remove certification and prohibit continued provision
of abortion-inducing drugs by the pharmacy, manufacturer, or distributor
until compliance is demonstrated to the satisfaction of the cabinet;
(d)If a certified pharmacy, manufacturer, or distributor is in noncompliance,
suspend annual recertification until compliance is demonstrated to the
satisfaction of the cabinet; and
(e)If a current or previously certified pharmacy, manufacturer, or distributor
is found to have intentionally, knowingly, or recklessly violated KRS
216B.200 to 216B.210, or refuses to bring operations into compliance:
1. Immediately suspend the pharmacy's, manufacturers, or
distributors certification until full compliance is demonstrated;
2. For certified pharmacies, manufacturers, or distributors, impose
fines of not less than one million dollars ($1,000,000) per offense;
3. For registered physicians, impose fines of not less than one
hundred thousand dollars ($100,000) per offense;
4. Permanently revoke the certification of the offender if the offender
fails to demonstrate compliance within ninety
(90)calendar days;
5. Impose remedial actions, which may include additional education,
additional reporting, or other actions as required by the cabinet;
6. In the case of a pharmacy, manufacturer, or distributor, recommend
sanctioning to the appropriate disciplinary committee of the cabinet;
7. In the case of a licensed physician, report the violation to the
Kentucky Board of Medical Licensure and recommend appropriate
sanctioning;
8. Publicly report any disciplinary actions, consistent with the practices
of the cabinet;
9. Permanently revoke the certification of the offender; and
10. In the case of a pharmacy, manufacturer, or distributor, report the
violation to the Kentucky Board of Pharmacy and recommend
appropriate sanctions, including permanent revocation of licensure.
(2)Individuals have a private right of action to seek restitution in any court of law
with appropriate jurisdiction for any and all damages suffered for intentional,
knowing, or reckless violations of KRS 216B.200 to 216B.210.