98RS HB115


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HB 115/FN/LM/CI (BR 1173) - J. Coleman, P. Clark

     AN ACT relating to drugs.
     Create and amend various sections of KRS Chapter 217 to permit pharmacists to seize and retain suspicious prescriptions; create crime of theft of a drug with enhanced penalties for subsequent offenses; create crimes of theft, criminal possession of, trafficking in, reproducing or printing illegal prescription blanks; create crime of forgery of prescription blanks; create and amend various sections of KRS Chapter 218A to clarify statutes on doctor shopping for illegal obtaining of controlled substances; establish system where all controlled substances prescriptions will be reported to Cabinet for Human Resources and maintained in state data base with monitoring of prescription patterns by state; require controlled substances prescriptions to be written on security paper; create the crime of theft of a controlled substance with enhanced penalties for subsequent offenses; create crime of forgery of prescriptions and prescription blanks, create crimes of theft, criminal possession of, trafficking in, reproducing, or printing illegal controlled substances prescription blanks; amend KRS 514.030 relating to theft by unlawful taking to conform; amend various sections of KRS Chapter 216 and 218A to conform.


     HCS/FN/LM/CI - Include pharmacies among those who may sell or distribute legend drugs; prohibit trafficking in, dispensing, administering, or possessing legend drugs except as authorized by law; provide penalties; provide that the Cabinet for Human Resources establish an electronic system for monitoring controlled substances prescriptions and provide that practitioners and pharmacists not have to pay any fee or special tax for operation of the system; provide for Cabinet for Human Resources controlled substances prescription tracking system security; provide for keeping prescription records for 5 years by pharmacists and practitioners and for 2 years by manufacturers and distributors; provide that possession of prescription blanks be with intention to violate KRS Chapter 217 or 218A to be an offense; provide that a person for whom a legend drug has been prescribed may lawfully possess it; insert provision allowing warehousemen and common carriers to lawfully possess legend drugs in the course of their business; delete provision giving Cabinet for Human Resources investigators peace officer powers when dealing with legend drug offenses; provide that when prescription records are seized a copy of the records be returned to the pharmacist.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Judiciary (H)
     Feb 18-posted in committee
     Feb 26-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 27-2nd reading, to Rules
     Mar 2-posted for passage in the Regular Orders of the Day for March 3, 1998
     Mar 4-3rd reading, passed 92-0 with Committee Substitute
     Mar 5-received in Senate
     Mar 6-to Judiciary (S)
     Mar 18-reported favorably, 1st reading, to Consent Calendar
     Mar 19-2nd reading, to Rules
     Mar 20-posted for passage in the Consent Orders of the Day for March 24, 1998
     Mar 24-3rd reading, passed 38-0; received in House
     Mar 25-enrolled, signed by each presiding officer, delivered to Governor
     Apr 3-signed by Governor

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