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HB53/CI/LM (BR333) - D. Keene

     AN ACT relating to substance abuse and declaring an emergency.
     Amend KRS 72.026 to increase the scope of mandatory coroner reporting in deaths involving Schedule I controlled substances; create a new section of KRS Chapter 205 to specify the controlled substance treatment services to be offered by the Department for Medicaid Services; amend KRS 217.186 to increase the availability of Naloxone for use in situations involving individuals suffering from an apparent opiate-related overdose; create a new section of KRS Chapter 218A to provide safe harbor provisions for drug-addicted pregnant women who are in compliance with substance abuse treatment and prenatal care instructions; amend KRS 218A.040 to provide that subject to the rules of evidence a court is permitted to infer that death resulting from an overdose of a Schedule I controlled substance is a foreseeable result of the consumption or use of that substance; amend KRS 218A.050 to classify any extended release single-agent formulation of hydrocodone bitartrate as a Schedule I controlled substance until the drug is available in an FDA-approved tamper-resistant formulation; amend KRS 218A.1412 to establish a 50% time-served requirement for persons convicted of trafficking in heroin or methamphetamine in the first degree and allow this requirement to be waived in cases where the defendant provides assistance to the prosecution of another; amend KRS 218A.1413 to increase the penalties for a person who is found guilty of trafficking in a controlled substance in the second degree; amend KRS 218A.1414 to increase the penalty for any person who is found guilty of trafficking in a controlled substance in the third degree; amend KRS 218A.500 to allow for the establishment of optional local hypodermic needle exchange programs and provide that in situations where the defendant notifies a peace officer prior to a search that he or she has a hypodermic needle on their person or in their possession, certain immunities are allowed as to related charges; amend KRS 439.3401 to require a minimum 50% time-served requirement for persons convicted of homicide and fetal homicide in situations where the decedent died due to a Schedule I drug overdose; amend KRS 501.060 to provide that for an offense in violation of KRS Chapter 507 or 507A for a death which resulted from an overdose of a Schedule I controlled substance, a court is permitted to infer that death resulting from an overdose of a Schedule I controlled substance is a foreseeable result of the consumption or use of that substance, subject to the applicable rules of evidence; amend KRS 625.050 to prohibit petitions to terminate the parental rights of a pregnant woman who used controlled substances while pregnant if she complies with substance abuse treatment and prenatal care instructions; amend KRS 222.005 to provide a definition of “incapacitated by alcohol and other drug abuse”; amend KRS 222.431 to include a person who is incapacitated by drug abuse as persons who may be required to undergo treatment; amend KRS 222.433 to enumerate the type of evidence that a court must review before determining if there is probable cause to go forth with a petition to order treatment for a person alleged to be incapacitated by drug abuse; encourage the Cabinet for Health and Family Services to study various aspects of medical care related to increasing medication-assisted treatment for opioid-addicted postpartum women; encourage the Cabinet to study evidence-based medical management standards related to treatment for addiction in Kentucky and overdose prevention; encourage the Cabinet to develop county and regional response teams for heroin and opioid addiction; encourage the Cabinet to work with medical school and post-graduate training programs in Kentucky to provide a curriculum on the disease of addiction; encourage the Cabinet to collaborate with licensing boards in applicable fields within Kentucky to include continuing education units on the topic of the disease of addiction; encourage the Cabinet to make any recommendation for legislation relating to substance abuse to the Interim Joint Committee on Health and Welfare by November 30, 2015; encourage the Department of Criminal Justice Training to offer voluntary regionalized in-service training on the topic of heroin; EMERGENCY.



     Nov 18, 2014 - Prefiled by the sponsor(s).
     Jan 06, 2015 - introduced in House; to Judiciary (H)