SB 2/LM/CI (BR 89) - J. Higdon
AN ACT relating to medical services.
Amend KRS 216B.015 to establish a definition of "pain management facility"; create a new section of KRS Chapter 216B to establish requirements for owners, operators, and investors of pain management facilities and establish payment-for-services requirements; amend KRS 216B.020 to establish that pain management facilities are exempted from the certificate of need requirement; amend KRS 216B.990 to establish a Class D felony for any person who intentionally or knowingly or conspires to intentionally or knowingly operate a pain management facility in violation of the new section; amend KRS 218A.202 to establish that the electronic system for monitoring Schedules II, III, IV, and V controlled substances shall apply to all prescribers and dispensers of controlled substances; establish that the cabinet my enter into agreements or contracts for the establishment of the system; establish that any prescriptions issued or dispensed shall be reported into the system within 24 hours; establish that an employee of a practitioner or a pharmacist may request information from the system; create a new section of KRS Chapter 218A to establish that prior to prescribing or dispensing a controlled substance every practitioner and dispenser shall query the system and shall retain the reference or transaction number of the query for their records; amend KRS 218A.245 to establish an option allowing the Cabinet for Health and Family Services and the system to enter into reciprocal agreements with other states or an organization administering the exchange of interstate or intrastate prescription dispensing data; amend KRS 311.550 to conform; amend KRS 311.565 to establish that the Kentucky Board of Medical Licensure shall promulgate administrative regulations related to the prescribing and dispensing of buprenorphine and methadone; amend KRS 311.591 to establish a specific time frame for the Kentucky Board of Medical Licensure to handle grievances related to inappropriate or excessive prescribing or dispensing practices; amend KRS 311.594 to conform; create a new section of KRS 311.530 to 311.620 to establish that physicians shall receive specified training prior to prescribing any medication; amend KRS 315.191 to require the Board of Pharmacy to promulgate administrative regulations regarding required identification when a Schedule II, III, IV, or V controlled substance is dispensed; create new sections of KRS Chapter 218A to enact the Prescription Monitoring Program compact as developed by the Council of State Governments, including provisions relating to the compact's purpose, authorized uses and restrictions on prescription data, the establishment of technology and security standards, funding, the creation and operation of an interstate commission and its powers, duties, organization, administration, and rulemaking, the establishment of oversight, enforcement, and dispute resolution mechanisms, and delineating the conditions for compact formation, membership, and dissolution; allow the Governor, subject to Senate confirmation, to make Kentucky's appointments under the Prescription Monitoring Program compact.
SB 2 - AMENDMENTS
SCS/LM/CI - Retain original provisions; amend the established definition of a pain management facility in KRS 216B.015 to specify that it means a facility in which the primary component of practice at the facility is the treatment of pain or chronic pain, and the majority of patients of the prescribers at the facility are provided treatment for pain or chronic pain that includes the use of controlled substances or other drugs or that it means a facility that advertises in any medium for any type of pain management services, and the majority of patients of the prescribers at the facility are provided treatment for pain or chronic pain that includes the use of controlled substances or other drugs; establish that the offices of hospital employed physicians are not exempted from the facility definition; amend KRS 218A.202 to establish that all prescribers shall have a user account with the electronic system for monitoring Schedules II, III, IV, and V controlled substances; amend KRS 218A.240 to conform; create a new section of KRS 218A to require that licensing and regulating boards of practitioners shall promulgate administrative regulations related to the prescribing and dispensing of controlled substances; create a new section of KRS 218A to require that licensing and regulating boards of practitioners promulgate administrative regulations related to the prescribing and dispensing standards for any material, compound, mixture, or preparation which contains any quantity of buprenorphine or methadone or their salts; establish a delayed effective date for sections 5 to 7.
SCA (1, J. Higdon) - Amend to delete references to "other drugs" being prescribed and only retain "controlled substance" prescriptions when defining pain management facilities.
SFA (1, T. Buford) - Insert provisions requiring that practitioners report prescribing data to the KASPER prescription monitoring system.
Feb 28-introduced in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
Feb 29-taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S); to Judiciary (S)
Mar 9-reported favorably, to Rules with Committee Substitute, committee amendment (1)
Mar 12-floor amendment (1) filed to Committee Substitute
Mar 22-recommitted to Judiciary (S)