KRS § 216B.208 — KY Code / Title XVIII / Chapter 216B / Section 216B.208
216B.208 Plan to enforce program -- Private right of action
Status: in_force

216B.208 Plan to enforce program -- Private right of action.

(1) The cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing

Drug Certification Program that includes the following conditions:

(a) If an individual or entity intentionally, knowingly, or recklessly provides

abortion-inducing drugs without first seeking certification, the cabinet

shall:

1. Immediately report the act to local law enforcement or other

applicable state and local agencies; and

2. Impose a fine of no less than five million dollars ($5,000,000) for

pharmacies, manufacturers, or distributors;

(b) If a certified pharmacy, manufacturer, or distributor is determined to be in

noncompliance, suspend any certification until compliance is proven to

the satisfaction of the cabinet;

(c) If a current or previously certified pharmacy, manufacturer, or distributor

is found to have intentionally, knowingly, or recklessly violated certification

requirements, or refuses to bring operations into compliance within ninety

(90) calendar days, remove certification and prohibit continued provision

of abortion-inducing drugs by the pharmacy, manufacturer, or distributor

until compliance is demonstrated to the satisfaction of the cabinet;

(d) If a certified pharmacy, manufacturer, or distributor is in noncompliance,

suspend annual recertification until compliance is demonstrated to the

satisfaction of the cabinet; and

(e) If a current or previously certified pharmacy, manufacturer, or distributor

is found to have intentionally, knowingly, or recklessly violated KRS

216B.200 to 216B.210, or refuses to bring operations into compliance:

1. Immediately suspend the pharmacy's, manufacturer(cid:25)s, or

distributor(cid:25)s certification until full compliance is demonstrated;

2. For certified pharmacies, manufacturers, or distributors, impose

fines of not less than one million dollars ($1,000,000) per offense;

3. For registered physicians, impose fines of not less than one

hundred thousand dollars ($100,000) per offense;

4. Permanently revoke the certification of the offender if the offender

fails to demonstrate compliance within ninety (90) calendar days;

5. Impose remedial actions, which may include additional education,

additional reporting, or other actions as required by the cabinet;

6. In the case of a pharmacy, manufacturer, or distributor, recommend

sanctioning to the appropriate disciplinary committee of the cabinet;

7. In the case of a licensed physician, report the violation to the

Kentucky Board of Medical Licensure and recommend appropriate

sanctioning;

8. Publicly report any disciplinary actions, consistent with the practices

of the cabinet;

9. Permanently revoke the certification of the offender; and

10. In the case of a pharmacy, manufacturer, or distributor, report the

violation to the Kentucky Board of Pharmacy and recommend

appropriate sanctions, including permanent revocation of licensure.

(2) Individuals have a private right of action to seek restitution in any court of law

with appropriate jurisdiction for any and all damages suffered for intentional,

knowing, or reckless violations of KRS 216B.200 to 216B.210.