04RS SB14


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SB 14/LM/CI (BR 337) - R. Roeding

     AN ACT relating to drug control.
     Amend KRS 218A.202 to require any practitioner or pharmacist licensed or permitted in Kentucky, and any dispenser licensed or permitted by the Board of Pharmacy, to report specified data about controlled substances to the Cabinet for Health Services relating to the all-schedule prescription electronic reporting system; require incomplete or inaccurate data to be corrected upon notification by the cabinet; expand the entities permitted to receive data to include the Kentucky Board of Medical Licensure, with specified purposes, and a court or probation or parole officer administering a diversion or probation program of a criminal defendant arising out of a substance abuse violation; permit the sharing of data among law enforcement officers engaged in a bona fide specific investigation involving a designated individual, and permit the Department for Medicaid Services to share data regarding overutilization by recipients with a licensure board; permit the cabinet to limit the length of time that data remains in the electronic system, and require any data removed to be archived; require the cabinet to work with each affected board, the Kentucky Bar Association, and the Justice Cabinet to develop continuing education programs related to the electronic reporting system; amend KRS 218A.240 to permit the Cabinet for Health Services to use the data for investigations, research, statistical analysis, and educational purposes, and to publish trends reports; require the cabinet to notify licensure boards of potential problems identified by the trends reports; require the cabinet to develop criteria, in collaboration with the Board of Medical Licensure and the Board of Pharmacy, to be used to generate the trends reports; permit law enforcement officers to request trend reports; create a new section of KRS Chapter 218A to permit the secretary of the Cabinet for Health Services to enter into reciprocal agreements for sharing of information with other states that have prescription drug monitoring programs, and specify the criteria to be used to determine compatibility; require the secretary to annually review the programs of other states with which Kentucky has a reciprocal agreement; require an annual report to the Governor and the Legislative Research Commission about the status of any reciprocal agreement; prohibit the unauthorized sharing of information about a Kentucky resident, practitioner, pharmacist, or prescriber; and amend KRS 315.0351 to make technical changes.


     SCS/LM/CI - Retain provisions of original bill; amend Section 1 to provide that the cabinet shall establish acceptable error tolerance rates for data, and to provide that dispensers shall correct inaccurate data upon notification from the cabinet that errors exceed the determined error tolerance level.

     SFA (1, E. Scorsone) - Amend to create a new section of KRS Chapter 218A to allow any practitioner, pharmacist, dispenser, or person, upon payment of a ten dollar fee, to have access to data or reports relating to him or in which he is mentioned by name, and to require the Cabinet for Health Services to promulgate administrative regulations establishing a procedure for the practitioner, pharmacist, dispenser, or person to challenge and change incorrect information found in the data or reports.

     HFA (1, S. Nunn) - Amend KRS 218A.202 to require a prescriber of a controlled substance to report the prescription under the electronic system for monitoring Schedules II, III, IV, and V controlled substances, and specify the information to be reported; establish penalty for failure to transmit data; amend KRS 218A.240 to authorize licensure boards of professionals authorized to prescribe controlled substances to inspect and to remove files from the prescriber or the custodian of records for the prescriber upon tendering a receipt; and authorize the cabinet to collaborate with the boards to develop criteria to generate trend reports.

     HFA (2/P, S. Nunn) - Retain original provisions and add the provisions of HB 220.

     HFA (3, B. Yonts) - Amend KRS 218A.202 to establish a process by which the Commonwealth's attorney or county attorney would request KASPER information for local law enforcement officers after determining that a bona fide examination exists, and require the officers to update the Commonwealth's attorney or county attorney if requested to do so after receipt of the information; allow any person to request a KASPER report of their own information, and if the person is not in the system, the department must provide a written response that the person is not in the system; require any sharing of data among law enforcement officials to be reported to the Commonwealth's attorney or county attorney; and provide that a trend report can be requested by a Commonwealth's attorney or county attorney on behalf of law enforcement officials only after the officials have demonstrated a need for the reports.

     HFA (4, G. Lindsay) - Amend KRS 218A.202 relating to the KASPER system to limit peace officer who may request KASPER reports to Kentucky certified peace officers, certified and full-time peace officers of another state, and federal peace officers; 218A.240 relating to enforcement of controlled substances statutes to provide that only peace officers certified under KRS 218A.202 may request KASPER reports.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in Senate
     Jan 7-to Judiciary (S)
     Jan 22-reported favorably, 1st reading, to Consent Calendar
     Jan 23-2nd reading, to Rules
     Jan 26-posted for passage in the Regular Orders of the Day for Wednesday, January 28, 2004
     Jan 27-floor amendment (1) filed to Committee Substitute
     Jan 28-3rd reading; floor amendment (1) defeated ; passed 33-0 with Committee Substitute
     Jan 29-received in House
     Feb 2-to Judiciary (H)
     Feb 27-posted in committee
     Mar 3-reported favorably, 1st reading, to Calendar
     Mar 4-2nd reading, to Rules; floor amendments (1) and (2) filed
     Mar 5-floor amendment (3) filed
     Mar 8-posted for passage in the Regular Orders of the Day for Tuesday, March 9, 2004
     Mar 12-floor amendment (4) filed
     Mar 18-3rd reading, passed 96-0 with floor amendment (4)
     Mar 19-received in Senate
     Mar 25-posted for passage for concurrence in House floor amendment (4) for Friday, March 26, 2004
     Mar 26-Senate concurred in House floor amendment (4) ; passed 33-0
     Mar 29-enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 107)

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