Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.280 (2026)

Controlled substances -- Communications with practitioner not

✓ current as of May 2026

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privileged. Information communicated to a practitioner in an effort unlawfully to procure a controlled substance, or unlawfully to procure the administration of any controlled substance, shall not be deemed a privileged communication. History: Created 1972 Ky. Acts ch. 226, sec. 30.

Notes of Decisions

Cited in 3 cases, 2002–2010 · leading case: Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002).

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Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002). · cites it 35× “Bunch's records are not privileged records of psychotherapeutic treatment of a mental condition but unprivileged records of medical treatment of a physical condition, or, in the alternative, (2) KRS 218A.280 creates an exception to the privilege in addition to those identified…”

Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). “at 455 (citing KRS 218A.280, formerly KRS 218.140 and KRS 218.”

Norsworthy v. Castlen, 323 S.W.3d 764 (Ky. Ct. App. 2010). · cites it 2× “We note that the privilege at issue in Stidham was not the attorney-client privilege, but rather the application of KRS 218A.280 to the psychotherapist-patient privilege.”

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