(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.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 39, sec. 8, effective July 15, 2020. -- Amended
2002 Ky. Acts ch. 130, sec. 22, effective July 15, 2002. -- Created 1994 Ky. Acts ch.
190, sec. 17, effective July 15, 1994.
Notes of Decisions
Commonwealth, Cabinet for Health & Fam. Servs. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
· cites it 2× “9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
Com., Cabinet for Health & Fam. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
· cites it 2× “9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
— Ky. Rev. Stat. § 311.619(2) — 2 cases
Commonwealth, Cabinet for Health & Fam. Servs. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
“9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
Com., Cabinet for Health & Fam. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
“9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
— Ky. Rev. Stat. § 311.619(3) — 2 cases
Commonwealth, Cabinet for Health & Fam. Servs. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
“9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
Com., Cabinet for Health & Fam. v. Chauvin, 316 S.W.3d 279 (Ky. 2010).
“9-280(7)(a) (privilege for insurance documents and other material related to termination of insurer's agent, specifically barring subpoena, discovery, and admission in a civil action); KRS 311.619(2), 313.021(3), 314.171(7) 8b 327.”
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