Commonwealth, Cabinet for Health & Family Services v. Chauvin

I respectfully dissent. The writ action before us presents an important issue of governmental branch authority that transcends the mere question of the discovera-bility or admissibility of data maintained in the Kentucky All-Schedule Prescription Electronic Reporting (KASPER) system. As the majority correctly notes, the tension that has always existed in the area of evidentiary privilege between the judicial branch as the keeper of “practice and procedure” and the legislature as creator of substantive law remains even after the 1992 adoption of the Kentucky Rules of Evidence (KRE) through a…