A practitioner or pharmacist, or employee of the practitioner’s or pharmacist’s practice acting under the specific direction of the practitioner or pharmacist, for medical or pharmaceutical treatment of a current or prospective patient; Kentucky Commonwealth’s attorneys and assistant Commonwealth’s attorney’s; Kentucky county attorneys and assistant county attorneys; a law enforcement officer with an active investigation; a licensure board for a licensee; Medicaid for a Medicaid member or provider; a grand jury by subpoena; a medical examiner engaged in a death investigation; and a judge, probation or parole officer administering a drug diversion or probation program.
The report will show information for all the Schedule II through V controlled substance prescriptions a patient has received for the specified time period, as well as the prescriber who prescribed them and dispenser who dispensed them.
Only dispensers administering or dispensing controlled substance prescriptions in the Commonwealth of Kentucky are required to report to the KASPER program. The Kentucky Board of Pharmacy licenses mail order pharmacies and they are required to report controlled substances they dispense into Kentucky.
· A practitioner, pharmacist, or employee who obtains data from KASPER under KRS 218A.202 may share the report with the patient or person authorized to act on the patient’s behalf and place the report in the patient’s medical record, with that individual report then being deemed a medical record subject to disclosure on the same terms and conditions as an ordinary medical record. A practitioner or pharmacist may discuss the information contained in the report with another health care provider treating the patient, with the dispenser who dispensed the medication, or with law enforcement if there is cause. ·
· A law enforcement officer, Kentucky Commonwealth’s attorney, assistant Commonwealth’s attorney, county attorney or assistant county attorney may share the information contained in the report and/or the report as specified in KRS 218A.202 (8) provided they are both involved in a bona fide specific investigation involving a designated person, and appropriate records of the provision and receipt of the data or report are maintained.
· Any other authorized KASPER user may not provide or share a report with anyone unless specifically allowed in KRS 218A.202. Intentional disclosure of a KASPER report or data to a person not authorized to receive the data under KRS 218A.202 is a class B misdemeanor.
Reports are available 24 hours a day, 7 days a week, and are typically available within 15-20 seconds unless review by KASPER staff is required, in which case the report will be available by the next business day.
Under Kentucky Statutes, dispensers have one business day from the date a controlled substance is dispensed to report the information to KASPER and most dispensed controlled substance prescription data typically is available in KASPER within two or three days after the date of dispensing. If a prescription is not reflected in a KASPER report within that time, it may be the result of an error with a data transmission from a dispenser. If you are aware of a controlled substance prescription that has not been reflected in KASPER within three days, please contact the dispenser, if known, to determine whether there was a data reporting problem. If the dispenser is unknown or cannot determine the cause of the problem, please contact the Drug Enforcement and Professional Practices Branch at (502) 564-7985 so they can investigate.
Prescription data may not show up in a KASPER report if the patient cannot be identified because of erroneous information provided by a patient to a dispenser inaccurate information entered by the dispenser; the dispenser not properly reporting to the KASPER system; the patient going across state lines to fill the prescriptions; or issues with the data being loaded into KASPER. If you become aware of any dispenser not submitting data or submitting inaccurate data, or cannot determine why data is missing in the KASPER system, please contact the Drug Enforcement and Professional Practices Branch at (502) 564-7985.
If you suspect an individual is involved in diverting controlled pharmaceutical substances, we ask that you please report them to the proper law enforcement authorities. If you are unsure of who that may be, please contact the Drug Enforcement and Professional Practices Branch at (502) 564-7985.
The KASPER system includes financial institution level security features and is compliant with access restrictions under KRS 218A.202. Any violation or breach of access or usage guidelines will result in the Office of Inspector General initiating an internal review to verify the breach or misuse, and referring the information to the Kentucky State Police for appropriate action.
Following are resources for information and support with intervention for a patient who may be misusing or abusing prescription drugs.
The primary beneficiaries of KASPER are patients throughout Kentucky. Because of KASPER, health care providers can make better and more informed treatment decisions that allow them to provide the most appropriate medical care for their patients. However ultimately all the citizens of the Commonwealth benefit through the ability to provide improved medical care and to reduce the abuse and diversion of controlled substance prescription drugs, safeguarding our health care dollars and making the Commonwealth a safer place to live.