14RS SB5
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SB5

14RS

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SB 5/LM/CI (BR 131) - K. Stine, J. Carpenter, S. Gregory, J. Higdon, A. Kerr

     AN ACT relating to controlled substances.
     Amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner reporting in deaths involving Schedule I deaths; amend KRS 196.286 and 196.288 to direct that a portion of recaptured savings from criminal justice reforms be directed to funding of KY-ASAP; create a new section of KRS Chapter 205 to specify the controlled substance treatment services to be offered under Medicaid; amend KRS 217.186 to increase the availability of Naloxone for use as a rescue drug for narcotic overdose situations; create a new section of KRS Chapter 218A to provide immunity for persons seeking emergency help in drug overdose situations; amend KRS 218A.040 to specify that death by overdose is a foreseeable result of the consumption or use of a Schedule I controlled substance; amend KRS 218A.1412 to establish a 50% minimum time service requirement for higher-level traffickers in heroin or methamphetamine, with the ability to deviate from that requirement in cases where the defendant provides assistance to the prosecution; amend KRS 439.3401 to require a minimum 50% time service requirement for homicide and fetal homicide offenders in situations where the decedent died due to a Schedule I drug overdose; amend KRS 501.060 to provide that it is not a defense to the establishment of causation in a Schedule I overdose case that the decedent voluntarily ingested the drug or that there was no direct contact between the decedent and the defendant; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers by December 31, 2015.

SB 5 - AMENDMENTS


     HCS/LM/CI - Amend to insert provisions to limit overdose reporting to coroners; insert drugged driving defense provisions; expand substance abuse treatment options; transform the good Samaritan immunity into a defense; prohibit substance abuse treatment programs from discriminating against pregnant women; clarify PFO applicability in trafficking offenses; increase the penalty for high volume schedule IV traffickers; allow for local option for needle exchanges; create a safe harbor for drug addicted pregnant women who comply with substance abuse treatment and prenatal care instructions; EMERGENCY.
     HCA (1, J. Fischer) - Keep original provisions; amend KRS 218A.050 to add non-tamper resistant extended release single-agent formulation of hydrocodone bitartrate to Schedule I drugs.
     HCA (2/Title, J. Tilley) - Make title amendment.
     HCA (3, T. Kerr) - Amend to apply treatment provisions to all substance abuse treatment and not to opiate abuse only.
     HFA (1, S. Lee) - Amend to delete provisions relating to the local option for needle exchange.
     HFA (2, J. Bell) - Amend to delete provisions relating to foreseeability, parole and probation eligibility, and legal causation.
     HFA (3/P, B. Waide) - Amend KRS 218.1430 to increase penalties for possession and trafficking of synthetic drugs.
     HFA (4/P, J. Jenkins) - Retain original provisions; except include section to amend KRS 222.005 to define "incapacitated by alcohol and/or other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and/or other drug abuse" to be court ordered to treatment; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment; require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination.
     HFA (5/Title, J. Jenkins) - Make title amendment.
     HFA (6, J. Jenkins) - Insert provisions to create new sections of KRS 309.080 to 309.089 to establish the requirements for an applicant for registration as an alcohol and drug peer support specialist; mandate that an alcohol and drug peer support specialist complete 500 hours of board-approved experience with 25 hours under the direct supervision of a certified or licensed clinical alcohol and drug counselor with at least two years of post-certification or post-licensure experience; require an alcohol and drug peer support specialist to pass an examination approved by the board; mandate completion of three hours of domestic violence training, specify other hours of training required, and obligate applicant to live or work at least a majority of the time in Kentucky; mandate that a registered alcohol and drug peer support specialist comply with the requirements for the training program in suicide assessment, treatment, and management; establish requirements for an applicant for licensure as a licensed clinical alcohol and drug counselor with a 60-hour master's degree, or a doctoral degree, including completion of 2,000 hours of board-approved experience, 300 hours of which is under direct supervision of a licensed clinical alcohol and drug counselor; require a licensed clinical alcohol and drug counselor to pass a written examination approved by the International Certification Reciprocity Consortium on Alcoholism and Drug Abuse; include requirement for three hours of domestic violence training and for an applicant to live or work at least a majority of the time in Kentucky; mandate that a licensed clinical alcohol and drug counselor comply with the requirements for the training program in suicide assessment, treatment, and management; direct the board to promulgate administrative regulations to define the registration process for applicants and for supervisors of record; establish supervision required for a practicing registered alcohol and drug peer support specialist; change the requirements for registration as an alcohol and drug peer support specialist to include 16 hours of ethics training, instead of 6; amend KRS 309.084 to specify that the exempted requirement for an individual already certified is the 60-hour master's degree; establish reciprocity; set up revolving fund; amend KRS 309.080 to define "licensed clinical alcohol and drug counselor," "licensee," "practice of alcohol and drug counseling," "registered alcohol and drug peer support specialist," and "registrant"; amend KRS 309.0813 to conform and to delete the requirement for the board to establish an examination committee to administer and evaluate the case method presentation and oral examination; add the requirement for the board to collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of a revolving fund; amend KRS 309.083 to change the requirements of supervision for a certified alcohol and drug counselor applicant, permitting supervision from a certified alcohol and drug counselor or licensed clinical alcohol and drug counselor with at least two years of post-certification or post-licensure experience; delete the requirement for a certified alcohol and drug counselor to pass an oral examination approved by the board; mandate three hours of domestic violence training for a certified alcohol and drug counselor; require a certified alcohol and drug counselor applicant to live or work at least a majority of the time in Kentucky; mandate that a certified alcohol and drug counselor comply with the requirements for the training program in suicide assessment, treatment, and management; amend KRS 309.084 to grant, upon application within 90 days from the effective date of this bill, licensure as a licensed clinical alcohol and drug counselor for a certified alcohol and drug counselor with a master's degree or a doctoral degree meeting all requirements for the clinical designation except for the 60-hour requirement for the master's degree and the examination; amend KRS 194A.540, 210.366, 222.005, 309.0805, 309.081, 309.085, 309.086, 309.087, and 309.089 to conform; amend KRS 210.410 to add primary care services to the list of services that community mental health centers are required to provide, but allow primary care services to be provided on a permissive basis; create a new section of KRS Chapter 205 to require that primary care services provided by physicians, advanced practice registered nurses, and physician assistants in community mental health centers are reimbursable at the same rates set for primary care centers; require the cabinet to promulgate administrative regulations; define terms.
     HFA (7/Title, J. Jenkins) - Make title amendment.
     HFA (8/P, M. Marzian) - Retain original provisions; and create new sections of KRS Chapter 217 to create definitions and establish authority and standards for expedited partner therapy; declare an EMERGENCY.
     HFA (9/Title, M. Marzian) - Make title amendment.
     HFA (10, J. Fischer) - Amend to delete provisions relating to the local option for needle exchange and to remove the provisions relating to legal causation.
     HFA (11, T. Burch) - Retain original provisions, except attach a study that encourages the Cabinet for Health and Family Services to study treatments and services for heroin and other opioid addiction and increase training on addiction treatment for medical professionals.
     HFA (12, J. Jenkins) - Amend to allow a finder of fact to infer that death is a forseeable result of using a Schedule I controlled substance, rather than eliminating voluntary ingestion by the decedent as a defense for homicide defendants.
     HFA (13/P, J. Jenkins) - Retain original provisions; except amend KRS 218A.040 to make foreseeability of death a permissible inference; amend KRS 501.060 to make foreseeability of death a permissible inference; include section to amend KRS 222.005 to define "incapacitated by alcohol and/or other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and/or other drug abuse" to be court ordered to treatment; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment; require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination.
     HFA (14, J. Jenkins) - Delete Sections 3 and 4, relating to funding for KY-ASAP; declare an EMERGENCY.
     HFA (15/Title, J. Jenkins) - Make title amendment.
     HFA (16, J. Tilley) - Retain original provisions except insert provisions to limit overdose reporting to coroners; insert drugged driving defense provision; expand substance abuse treatment options; transform the Good Samaritan immunity into a defense; prohibit substance abuse treatment programs from discriminating against pregnant women; clarify PFO applicability in trafficking offenses; increase the penalty for high volume schedule IV traffickers; allow for local option for needle exchanges; create a safe harbor for drug addicted pregnant women who comply with substance abuse treatment and prenatal care instructions; classify the drug Zohydro as a Schedule I controlled substance until the drug is available in an FDA approved tamper resistant formulation; insert provisions relating to involuntary treatment for alcohol and other drug abuse; insert provisions relating to a drug addiction counselors; insert provisions relating to expedited partner therapy; insert provisions relating to heroin addiction and treatment studies; modify language relating to foreseeability and legal causation; remove funding language in light of treatment priorities built into the executive branch budget; declare an EMERGENCY.
     HFA (17/Title, J. Tilley) - Make title amendment.
     HFA (18, J. Tilley) - Retain original provisions except insert provisions to limit overdose reporting to coroners; insert drugged driving defense provision; expand substance abuse treatment options; transform the Good Samaritan immunity into a defense; prohibit substance abuse treatment programs from discriminating against pregnant women; clarify PFO applicability in trafficking offenses; increase the penalty for high volume schedule IV traffickers; allow for local option for needle exchanges; create a safe harbor for drug addicted pregnant women who comply with substance abuse treatment and prenatal care instructions; classify the drug Zohydro as a Schedule I controlled substance until the drug is available in an FDA approved tamper resistant formulation; insert provisions relating to involuntary treatment for alcohol and other drug abuse; insert provisions relating to a drug addiction counselors; insert provisions relating to heroin addiction and treatment studies; modify language relating to foreseeability and legal causation; remove funding language in light of treatment priorities built into the executive branch budget; EMERGENCY.
     HFA (19/P, G. Stumbo) - Insert provisions to create a new section of KRS Chapter 164 to establish the Kentucky Coal County College Completion Program to include the Kentucky Coal County College Completion Scholarship and the Kentucky Coal County College Completion Student Services Grant; create the Kentucky Coal County District to include coal-producing counties as defined in KRS 42.4592(1)(c); direct the Kentucky Higher Education Assistance Authority to administer the program; define student and institutional eligibility for scholarships and grants; define the maximum grant amounts; require the authority to make an annual report on the program and a program evaluation every four years; fund the program with amounts appropriated from coal severance tax receipts in the biennial budget; make APPROPRIATION.
     HFA (20/P, G. Stumbo) - Insert provisions to create a new section of KRS Chapter 164 to establish the Kentucky Coal County College Completion Program to include the Kentucky Coal County College Completion Scholarship and the Kentucky Coal County College Completion Student Services Grant; create the Kentucky Coal County District to include coal-producing counties as defined in KRS 42.4592(1)(c); direct the Kentucky Higher Education Assistance Authority to administer the program; define student and institutional eligibility for scholarships and grants; define the maximum grant amounts; require the authority to make an annual report on the program and a program evaluation every four years; fund the program with amounts appropriated from coal severance tax receipts in the biennial budget; make APPROPRIATION.
     HFA (21/Title, G. Stumbo) - Make title amendment.
     HFA (22/P, S. Overly) - Insert provisions to require Finance and Administration Cabinet to promulgate administrative regulations by December 31, 2014, and specify groups the cabinet must consult with in developing the regulations; require RFPs for public private partnerships by both state agencies and local governments to include the proposed use of Kentucky based-subcontractors, architects, engineers, and employees; require state agencies to consult with local governments about the effects of a proposed project on the local community; require the Secretaries of Finance and Transportation to develop recommendations on the implementation of a process for the state and local governments to accept unsolicited proposals; report findings to relevant committee by December 31, 2014; solicit input from specific organizations and groups in developing the recommendations; specify that if the Finance Cabinet does not promulgate regulations for local governments as required by the bill, a local government is authorized to proceed with a partnership under the provisions of the bill; declare an EMERGENCY.
     HFA (23/Title, S. Overly) - Make title amendment.

     Jan 7-introduced in Senate
     Jan 13-to Judiciary (S)
     Jan 14-taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Jan 15-taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
     Jan 16-reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 16, 2014; 3rd reading, passed 36-1
     Jan 17-received in House
     Jan 22-to Judiciary (H)
     Mar 17-posted in committee
     Mar 24-taken from Judiciary (H); 1st reading; returned to Judiciary (H); posted in committee
     Mar 25-taken from Judiciary (H); 2nd reading; returned to Judiciary (H)
     Mar 26-reported favorably, to Rules with Committee Substitute, committee amendments (1) (2-title) and (3) ; floor amendments (1) (2) and (3) filed to Committee Substitute
     Mar 27-floor amendments (4) (6) and (8) filed to Committee Substitute, floor amendments (5-title) (7-title) and (9-title) filed
     Mar 28-floor amendments (10) (11) (12) (13) and (14) filed to Committee Substitute, floor amendment (15-title) filed
     Apr 14-floor amendments (16) (17-title) and (18) filed
     Apr 15-taken from Rules (H); placed in the Orders of the Day for Tuesday, April 15, 2014; floor amendments (19) to HFA 18, (20) to HFA 16, (21-title) (22) to HFA 18, and (23-title) filed; 3rd reading; floor amendment (18) defeated ; floor amendment (4) ruled out of order ; Committee Substitute defeated

Vote History
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