311.619 Confidentiality and privileged status of program's records.

254 words·~1 min read·/ky/chapter-311/311-619

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.