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Can My Spouse Use KASPER Report In Custody Case?

I was recently asked if a KASPER report can be used in a custody case.  The questioner advised that a friend of one of the parties is a pharmacist and had obtained the report solely for her friend. As such, it is illegal to access a KASPER report for such purposes. It is also illegal to obtain the report, illegal to use the report and should be inadmissible in your domestic trial. That said, the attorney may simply ask you questions about your drug use and prescription history, forcing you to admit on yourself.  The report should not be admissible even for cross examination purposes because it was obtained illegally.  I cannot imagine that the attorney would admit how it was obtained, nor that the pharmacist would testify as to its authenticity. I might suggest to your attorney speak to opposing counsel.  He may put in writing that if any such report does exist that any use of the report or its contents will necessarily be submitted to the bar for ethics violation. It is criminal for the pharmacist to obtain and possibly for the attorney to use. Pursuant to KRS 218A.202 governs KASPER reporting and obtaining of such reports.  Numerous agencies, including investigations, pharmacists and physicians may obtain reports, however they are limited in the reasons and nature of the request. Pursuant to KRS 218A.202(6), a pharmacist may obtain under the following conditions: (6)(e) A practitioner or pharmacist, or employee of the practitioner's or pharmacist's practice acting under the specific direction of the practitioner or pharmacist, who requests information and certifies that the requested information is for the purpose of: 1. Providing medical or pharmaceutical treatment to a bona fide current or prospective patient; or 2. Reviewing and assessing the individual prescribing or dispensing patterns of the practitioner or pharmacist or to determine the accuracy and completeness of information contained in the monitoring system. If you have questions about the use of a KASPER report or any other potential evidence in your divorce case, contact your attorney.  For a consultation in Norhtern Kentucky, call Michael Bouldin at [email protected] or call 581-MIKE; 859-581-6453.

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