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HB213/CI/LM (BR981) - J. Tilley, J. Jenkins, R. Adkins, L. Belcher, T. Burch, D. Butler, L. Clark, L. Combs, W. Coursey, M. Denham, J. Donohue, K. Flood, J. Gooch Jr., D. Graham, J. Greer, C. Harris, J. Kay, D. Keene, M. King, M. Marzian, T. McKee, R. Meyer, C. Miller, T. Mills, R. Nelson, S. Overly, R. Rand, J. Richards, T. Riner, D. Schamore, J. Short, A. Simpson, F. Steele, W. Stone, T. Thompson, D. Watkins, J. Wayne, S. Westrom, B. Yonts

     AN ACT relating to controlled substances and declaring an emergency.
     Amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner examinations and reporting in deaths involving a Schedule I controlled substance; amend KRS 100.982 to mirror federal law in regard to addicted persons and residential care facilities; amend KRS 196.288 to direct that a portion of recaptured savings from criminal justice reforms be directed to jail-based substance abuse treatment programs for prisoners, to community mental health centers for community members, and to KY-ASAP for substance abuse prevention programming; and to combat neonatal abstinence syndrome; and to prosecutorial and defense agencies to fund social workers and expedited prosecutions; amend KRS 205.560 to amend the protocols for Medicaid provider credentialing relative to substance abuse treatment; create a new section of KRS Chapter 205 to require Medicaid to offer a broad array of substance abuse treatment resources; amend KRS 216B.020 to amend the certificate of need process relative to substance abuse treatment facilities; annual reporting to the Legislative Research Commission; amend KRS 217.186 to allow the opiate overdose rescue medication naloxone to be prescribed to persons, agencies, or school employees capable of administering the medication in emergency situations; allow first responders to access and utilize the medication; allow pharmacists certified to do so to prescribe and dispense the medication; amend KRS 218A.050 to include acetylfentanyl in the list of schedule I controlled substances; create a new section of KRS Chapter 218A to create a criminal defense for use in emergency drug overdose situations; create a new section of KRS Chapter 218A to require state-funded substance abuse programs from discriminating against pregnant women; create and amend various sections in KRS Chapter 218A to restructure the existing trafficking in controlled substance offenses into a three-tiered structure based upon peddling, trafficking, and aggravated trafficking; amend KRS 218A.500 to exempt from the drug paraphernalia statute needles exchanged at a local health department operating a treatment outreach program with local approval and needles and sharps declared to a peace officer prior to a search of the defendant's person; amend KRS 625.050 to provide a safe harbor protection for a pregnant addict who complies with prenatal care and substance abuse treatment instructions; include noncodified language encouraging the Cabinet for Health and Family Services to study certain opioid treatment initiatives, establish an evidence-based treatment task force relating to the disease of addiction, develop county and regional wraparound teams for opioid addiction, collaborate with medical schools and post-graduate training programs to include ten hours of coursework on addiction for all medical professionals, increase continuing education units for medical and health professionals relating to the disease of addiction, and make legislative recommendations to the Interim Joint Committee on Health and Welfare; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers by December 31, 2016; EMERGENCY.


HB213 - AMENDMENTS

     HCA1( J. Tilley ) - Amend the criminal defense for use in emergency drug overdose situations to direct that neither the person who suffered the overdose nor the person who sought medical assistance shall be charged with or prosecuted for possession of substances or paraphernalia.
     HFA1( A. Wuchner ) - Amend KRS 218A.500 to delete language exempting needles exchanged at a local health department operating a treatment outreach program with local approval and needles to be exempted from the drug paraphernalia statute; include noncodified language to direct that during the 2015 legislative interim the Interim Joint Committee on Health and Welfare study the feasibility of substance abuse treatment outreach programs which allow participants to exchange hypodermic needles and syringes, including the effect of these programs on reducing blood-borne transmission of disease, a cost benefit analysis of program implementation, the long-term economic or social impact of these programs on the surrounding community, and the ability of these programs to encourage those addicted to opiates to seek substance abuse treatment; declare an EMERGENCY.
     HFA2( S. Lee ) - Amend to remove language exempting syringes exchanged at a health department from the drug paraphernalia statue.
     HFA3( T. Riner ) - Retain original provisions; permit offenders charged with nonviolent controlled substances felonies who are eligible for diversion or deferred prosecution to utilize faith-based residential treatment programs.
     HFA4( J. Tilley ) - Retain original provisions; exempt from certificate of need licensed residential crisis stabilization units, licensed free-standing residential substance use disorder treatment programs with 16 or fewer beds, and outpatient behavioral health treatment.
     HFA5( J. Tilley ) - Retain original provisions; require Medicaid managed care organizations to authorize substance use disorder treatment and approve coverage and payment for continuing inpatient care until the enrollee can be placed in the appropriate outpatient level of care.
     HFA6( J. Tilley ) - Retain original provisions; exempt from certificate of need licensed residential crisis stabilization units, licensed free-standing residential substance use disorder treatment programs with 16 or fewer beds, and outpatient behavioral health treatment.

     Feb 09, 2015 - introduced in House; to Judiciary (H)
     Feb 10, 2015 - taken from Judiciary (H); 1st reading; returned to Judiciary (H); floor amendment (1) filed ; posting waived
     Feb 11, 2015 - floor amendment (2) filed ; reported favorably, 2nd reading, to Rules with committee amendment (1)
     Feb 12, 2015 - posted for passage in the Regular Orders of the Day for Friday, February 13, 2015; floor amendments (3) (4) (5) and (6) filed
     Feb 13, 2015 - 3rd reading; floor amendment (1) defeated ; passed 98-0 with committee amendment (1), floor amendments (3) (5) and (6)
     Feb 19, 2015 - received in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
     Feb 20, 2015 - to Judiciary (S)