07RS SB88

SB88

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


SB 88/LM/CI (BR 1328) - R. Stivers II, D. Harper Angel, R. Jones II, J. Pendleton, J. Rhoads, D. Roeding

     AN ACT relating to drugs.
     Amend KRS 218A.010 relating to controlled substances definitions to define "good faith prior examination" and "telehealth"; amend KRS 218A.140 relating to controlled substances offenses to add obtaining or attempting to obtain a prescription for a controlled substance without a valid practitioner-patient relationship and to add knowingly assisting a person in obtaining or attempting to obtain a prescription in violation of the chapter; amend KRS 218A.1402 to broaden the language of the offense to include criminal conspiracy to violate any section in the chapter; amend KRS 218A.1404 relating to controlled substance penalties for situations where no other specific penalty is provided to raise all offenses to a Class D felony for the first offense and a Class C felony for each subsequent offense; amend KRS 218A.1446 relating to pseudoephedrine recordkeeping to change language from "license" to "permit"; amend KRS 218A.202 relating to the KASPER program to increase the second and subsequent offense penalty for failure to transmit data to the cabinet a Class D felony and to change offense from "knowingly" to "intentionally"; increase the penalty for unauthorized disclosure of KASPER data for a second and subsequent offense to a Class C felony and to change offense from "knowingly" to "intentionally"; create a new section of KRS Chapter 218A to create the crime of criminal possession of a medical record with intent for the purposes of obtaining a controlled substance as a Class D felony for the first offense and a Class C felony for subsequent offenses; create a new section of KRS Chapter 218A to create the crime of theft of a medical record as a Class D felony for first offense and a Class C felony for subsequent offenses; create a new section of KRS Chapter 218A to create the crime of criminal falsification of a medical record as a Class D felony for the first offense and a Class C felony for each subsequent offense; amend KRS 315.010 relating to definitions for the pharmacy laws to add definitions for "good faith prior examination," "medical history," "medical record," and "practitioner-patient relationship," and add additional legend abbreviations to the definition of "prescription drug"; amend KRS 315.035 relating to the application of the Verified Internet Pharmacy Practice Site to permit the Board of Pharmacy to designate substantially similar programs as approved; amend KRS 315.0531 relating to out-of-state pharmacies which do business in Kentucky to require use of Verified Internet Pharmacy Practice Site seal other approved seal; require return address on packages sent to Kentucky; permit Board of Pharmacy to waive registration requirements for businesses with limited transactions; amend KRS 315.320 relating to filling of prescriptions and licensing matters to delete penalty for a pharmacist or permitted pharmacy or agent thereof which inadvertently lets a license or permit lapse for less than 30 days; specify that unless a more specific penalty applies in KRS Chapter 315 that anyone who uses the Internet to communicate or facilitate the sale of controlled substances has violated KRS Chapter 218A; amend KRS 218A.435 relating to asset forfeiture to add forfeited coin or currency and change distribution formula for assets to 75% to law enforcement agency or agencies seizing the property; 20% to Commonwealth's or county attorney prosecuting the case; 5% to the Justice Cabinet for asset forfeiture training and payments to state and local agencies for programs relative to drug abuse prevention, treatment, education, and similar purposes; amend KRS 218A.1446 relating to recordkeeping by pharmacies distributing ephedrine, pseudoephedrine, and phenylpropanolamine to require electronic recordkeeping and electronic reporting to the state if state funding for the system becomes available; permit exemptions upon showing of additional cost to the pharmacy.

SB 88 - AMENDMENTS


     SCS/LM/CI - Retain original provisions; amend KRS 218A.010 relating to controlled substances definitions to reference persons authorized by state or federal law in definition of "practitioner"; amend of KRS 218A.1402 relating to conspiracy to commit a controlled substance offense to clarify that the penalty is the same as that for the underlying offense; create a new section relating taking medical records to name the offense "theft of a medical record"; make technical correction; amend of KRS 315.035 relating to internet pharmacy requirements to apply the requirement that a pharmacy must do more than 25 percent of its business via the internet for the Verified Internet Pharmacy Practice Site seal program to apply; amend of KRS 218A.435 relating to asset forfeiture to change the formula to 80 to seizing law enforcement agency, 15 to the office of the prosecutor prosecuting the case or to the Attorney General if the Attorney General prosecuted the case; make technical correction relating to proceeds from vehicle sale by a law enforcement agency.

     HCS/LM/CI - Retain most original provisions except modify asset forfeiture distribution formula; amend 218A.202 to prohibit disclosure of information pursuant to discovery requests or as evidence in civil action unless otherwise authorized; repeal 218A.435 - Asset forfeiture trust fund.

     HFA (1, R. Webb) - Retain original provisions; delete amendment of KRS 218A.1404 that would have increased penalties for drug offenses that have no other penalty specified in KRS Chapter 218A.

     HFA (2, J. Vincent) - Retain original provisions, except specify definitions relate only to KRS Chapter 218A and are for criminal prosecution purposes only; delete definitions of "good faith prior examination," "medical history," "medical record," and "practitioner-patient relationship"; make technical amendments.

     HFA (3, K. Stein) - Amend KRS 315.010 to provide exemption for hospice providers.

     HFA (4, J. Vincent) - Retain original provisions, except specify definitions relate only to KRS Chapter 218A and are for criminal prosecution purposes only; delete definitions of "good faith prior examination," "medical history," "medical record," and "practitioner-patient relationship"; make technical amendments.

     Feb 6-introduced in Senate; to Committee on Committees (S); taken from committee; 1st reading; returned to Committee on Committees (S)
     Feb 7-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Committee on Committees (S); to Judiciary (S)
     Feb 8-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, February 8; 3rd reading, passed 37-0 with Committee Substitute
     Feb 9-received in House
     Feb 14-to Judiciary (H)
     Feb 20-posting waived; posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 9, 2007; floor amendment (1) filed to Committee Substitute
     Mar 9-floor amendments (3) and (4) filed to Committee Substitute, floor amendment (2) filed
     Mar 12-3rd reading, passed 99-0 with Committee Substitute, floor amendments (1) (3) and (4) ; received in Senate
     Mar 26-posted for passage for concurrence in House Committee Substitute, floor amendments (1) (3) and (4) ; Senate concurred in House Committee Substitute, floor amendments (1) (3) and (4) ; passed 38-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 5-signed by Governor (Acts Ch. 124)

Vote History

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