12SS HB1
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HB1

12SS

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HB 1/LM/CI (BR 8) - G. Stumbo, J. Tilley, R. Adkins, L. Belcher, L. Clark, H. Collins, L. Combs, R. Damron, D. Keene, M. King, T. Pullin, R. Rand, R. Smart, T. Thompson, B. Yonts

     AN ACT relating to controlled substances and making an appropriation therefor.
     Create a new section of KRS Chapter 218A to provide ownership and operational standards for pain clinics; create a new section of KRS Chapter 218A to require sharing of reports of illegal controlled substance prescribing or dispensing activity and to require that boards that regulate prescribers and dispensers of controlled substances have mandatory prescribing and dispensing standards, limitation caps on the amount of certain substances which can be dispensed, processes for expedited action on controlled substance related complaints against their licensees, sharing and retrieving mechanisms for interstate disciplinary data on licensees, mandatory disciplinary standards for in-state and out-of-state controlled substance misconduct by licensees, continuing education requirements for licensees, access to expert advice when reviewing complaints, the ability to accept anonymous complaints, and that the boards cooperate with each other and with the boards of other states; create a new section of KRS Chapter 218A to establish statutory practice requirements for those who prescribe certain controlled substances; amend KRS 218A.202 to set requirements for KASPER registration, usage, and access; amend KRS 218A.240 to establish new standards for the proactive use of KASPER data; amend KRS 218A.245 to include language facilitating the linkage of KASPER data to the prescription monitoring programs of other states; create a new section of KRS Chapter 72 to require blood testing for controlled substances in certain coroners case's; amend KRS 72.280 to expand the contents of the annual drug overdose statewide report; create a new section of KRS Chapter 15 to allow the Attorney General to ensure that boards licensing prescribers and dispensers of controlled substances are acting in compliance with their statutory directives; amend KRS 311.530 and 314.121 to allow the Governor to place persons with pain management and addiction disorder expertise on the Kentucky Board of Medical licensure and the Board of Nursing; create a new section of KRS Chapter 315 to require reporting of lost or stolen deliveries of controlled substances; include noncodified provisions transferring the KASPER program and its associated personnel to the Attorney General, allowing for a legislative oversight committee during the 2012 interim, and allowing the Attorney General to access National Mortgage Settlement proceeds to fund KASPER.

HB 1 - AMENDMENTS


     HCS/LM/CI - Amend to change the qualifying date for pain clinic regulation grandfathering to the date the bill becomes law in lieu of its effective date; specify that the required prescribing and dispensing standards relate to controlled substances; clarify that employees of practitioners accessing KASPER do not have to pay a separate fee; make technical corrections.
     HFA (1/P, J. Hoover) - Replace provisions of bill with new provisions to create a new section of KRS Chapter 218A to provide ownership and operational standards for pain clinics; amend KRS 218A.202 to move operation of the KASPER system to the Attorney General's office, with changes to the access and operation standards for the system; amend KRS 218A.240 to conform; amend KRS 218A.245 to allow the Attorney General to utilize a multistate organization to facilitate the exchange of KASPER data; create a new section of KRS Chapter 218A to require various licensing boards to establish by regulation recommended guidelines for prescribing, dispensing, and KASPER usage, continuing education standards, training requirements for operators of narcotic treatment programs, procedures for expedited reviews of complaints against licensees, interstate background checks, disciplinary standards for criminal and civil misconduct by licensees, and limits on office dispensing for certain controlled substances; create a new section of KRS Chapter 218A to allow the acceptance of anonymous complaints; create a new section of KRS Chapter 72 to increase instances of controlled substance testing in deaths that are coroners cases; amend KRS 72.280 to expand the annual drug overdose death report; create a new section of KRS Chapter 315 to require signature only delivery for certain drug shipments and to create required reporting requirements for lost or stolen drug shipments; create new sections of KRS Chapter 15 to move the KASPER system to the Attorney General's Office, with provisions for the utilization of the system in that office; create new sections of KRS Chapter 218A to adopt the Prescription Monitoring Program compact, with appointments being made by the Governor subject to Senate confirmation; include non-codified provisions requiring the transfer of KASPER equipment, personnel, and funds to the Attorney General, establishing a legislative oversight task force during the 2012 interim, and allowing National Mortgage Settlement Funding to be used to support KASPER operations.
     HFA (2/P, J. Hoover) - Replace provisions of bill with new provisions to create a new section of KRS Chapter 218A to provide ownership and operational standards for pain clinics; amend KRS 218A.202 to move operation of the KASPER system to the Attorney General's office, with changes to the access and operation standards for the system; amend KRS 218A.240 to conform; amend KRS 218A.245 to allow the Attorney General to utilize a multistate organization to facilitate the exchange of KASPER data; create a new section of KRS Chapter 218A to require various licensing boards to establish by regulation recommended guidelines for prescribing, dispensing, and KASPER usage, continuing education standards, training requirements for operators of narcotic treatment programs, procedures for expedited reviews of complaints against licensees, interstate background checks, disciplinary standards for criminal and civil misconduct by licensees, and limits on office dispensing for certain controlled substances; create a new section of KRS Chapter 218A to allow the acceptance of anonymous complaints; create a new section of KRS Chapter 72 to increase instances of controlled substance testing in deaths that are coroners cases; amend KRS 72.280 to expand the annual drug overdose death report; create a new section of KRS Chapter 315 to require signature-only delivery for certain drug shipments and to create required reporting requirements for lost or stolen drug shipments; create new sections of KRS Chapter 15 to move the KASPER system to the Attorney General's Office, with provisions for the utilization of the system in that office; create new sections of KRS Chapter 218A to adopt the Prescription Monitoring Program compact, with appointments being made by the Governor subject to Senate confirmation; include non-codified provisions requiring the transfer of KASPER equipment, personnel, and funds to the Attorney General, establishing a legislative oversight task force during the 2012 interim, and allowing National Mortgage Settlement Funding to be used to support KASPER operations.
     HFA (3, A. Wuchner) - Retain original provisions, except create a new section of KRS 315 to define terms; require the Board of Pharmacy to publish and, in some cases, determine qualifying drugs for a list of opioid analgesics that incorporate tamper-resistance technologies and prohibit substitution or interchange of those drugs without the pharmacy verifying that the substitute provides substantially similar tamper-resistance properties as determined by the board or without obtaining written consent of the prescriber; exempt pharmacists in hospital-based pharmacies filling prescriptions for inpatient care from compliance and allow a practitioner to prohibit substitution when the practitioner determines that substitution is not in the best interest of the patient; clarify that opioid analgesic drugs shall continue to be available to nursing home and hospice care patients without modification.
     SCS/LM/CI - Amend to move to the Cabinet for Health and Family Services various responsibilities set out in the bill including the operation of KASPER in lieu of the Attorney General, to restore existing KASPER access search criteria, to adopt the prescription monitoring compact, and to access multi-county coal funds to upgrade and operate the KASPER system.
     SCA (1, T. Jensen) - Amend to switch funding to National Mortgage Settlement proceeds; allow access to funding as a necessary governmental expense.

     Apr 16-introduced in House; to Judiciary (H); posting waived; taken from Judiciary (H); 1st reading; returned to Judiciary (H)
     Apr 17-reported favorably, 2nd reading, to Rules with Committee Substitute
     Apr 18-floor amendment (1) filed to Committee Substitute ; floor amendment (2) filed ; taken from Rules; placed in the Orders of the Day for April 18; floor amendment (3) filed to Committee Substitute ; 3rd reading, passed 70-28 with Committee Substitute ; received in Senate; to Committee on Committees (S); taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
     Apr 19-taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S); to Judiciary (S)
     Apr 20-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Friday, April 20; 3rd reading; Committee Substitute adopted; committee substitute reconsidered; taken from the Orders of the Day; returned to Judiciary (S); reported favorably, to Rules with committee amendment (1) ; posted for passage in the Regular Orders of the Day for Friday, April 20; passed 26-12 with Committee Substitute, committee amendment (1) ; received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute, committee amendment (1) ; House concurred in Senate Committee Substitute, committee amendment (1) ; passed 68-19; enrolled, signed by each presiding officer; delivered to Governor
     Apr 24-signed by Governor (Acts Chapter 1)

Vote History
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