The new law and the use of KASPER have posed some critical issues for emergency physicians in Kentucky. The law stands in some conflict to ACEP. Originally approved by the ACEP Board of Directors in October 2011, ACEP developed a position on the optimal use of electronic prescription monitoring and supported the use of such monitoring. However, ACEP believes these systems should:

• Protect patient privacy.
• Not discourage a patient with a genuine medical condition from seeking care.
• Support access to legitimate medical use of controlled substances.
• Ensure accuracy and completion of the data.
• Be voluntary.
• Provide liability protection for the practitioner.
• Minimize burdensome requirements on the physician.
• Utilize a robust monitoring system with intra-state linkages, easily accessible and navigable by practitioners seven days a week, twenty-four hours a day.
• Be limited to appropriate individuals and agencies including physicians, pharmacists and law enforcement.
• Not be used to evaluate a physician’s practice.
• Allow physicians to monitor their own prescribing patterns and to identify potential unauthorized use.

ACEP opposes mandatory reporting of potential abuse to law enforcement because such reporting fundamentally conflicts with the appropriate role of physicians in the physician-patient relationship. While KASPER meet some of these standards, it does fall short of ACEP standards.

The law is complicated and may not be clear in every situation posed to an emergency physician. The best way to inform oneself about the law and how it will affect your practice is to read the law. It is available here in its entirety. Click to go to the bill