Criminal (KASPAR): WHISMAN V. COMMONWEALTH (5/5/2006; COA)

WHISMAN V. COMMONWEALTH
CRIMINAL – KASPAR
2003-CA-002051
TO BE PUBLISHED 
AFFIRMING; BUCKINGHAM, J.
DATE:  5/5/2006

CA affirmed Defendant’s convictions for six counts of Obtaining a Controlled Substance by Presenting a Prescription that was Obtained in Violation of KRS Chapter 218A.  Authorities properly obtained Defendant’s prescription history from the KASPER system via the administrative search exception to the warrant requirement.

KASPER was established in 1999. It requires every dispenser of controlled substances to report to the Cabinet its identity, the identity of the patient, the drug dispensed, the amount dispensed, the date it was dispensed, as well as the identity of the person prescribing the drug. See 902 KAR6 55:110, Section 1(2).  Whisman’s KASPER report led a Lewis County grand jury to indict Whisman on the charges for which he was ultimately convicted.

CA also rejected a challenge to the constitutionality of KRS 218A.202(6).  Subsections (a)-(b) provide that the Cabinet is authorized to provide data to:

(a) A designated representative of a board responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other person who is authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;

(b) A state, federal, or municipal officer whose duty is to enforce the laws of this state or the United States relating to drugs and who is engaged in a bona fide specific investigation involving a designated person[.]

Digested by Scott Byrd.

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