Prepared by: Andrew WalkerE-mail: andrew@kentuckyfamily.orgReport created on March 8, 2012
HB4
CONTROLLED SUBSTANCES
(STUMBO, G) Create a new section of KRSChapter 218A to require licensing boards, the Attorney General, and theDepartment of Kentucky State Police to share information regarding drugdiversion and improper prescribing, and specify action to be taken uponreceipt of a report; create a new section of KRS Chapter 218A to describerequired actions prior to and after a person with prescribing authorityprescribes or dispenses a controlled substance to a patient and to requireregistration with and the use of the Kentucky All Schedule PrescriptionReporting (KASPER) system prior to prescribing or dispensing a controlledsubstance to a patient; create a new section of KRS Chapter 218A to define"pain management facility" and require the facility to be owned by a personlicensed by a professional licensing board; create a new section of KRSChapter 15 to create the Attorney General's drug diversion prevention trustand agency fund and specify its uses; amend KRS 218A.202, relating to theKASPER controlled substance monitoring program, to require licensedmedical professionals who use the system to pay a fee of $100 per year forthe use of the system; specify information to be entered into the system;specify persons and agencies who may use the system; specify to whominformation with the system may be disclosed; specify that if the AttorneyGeneral finds that a prescriber is not using the system the Attorney Generalmust report the matter to the prescriber's licensing board; amend KRS218A.240, relating to powers of the Attorney General and licensing boardemployees to specify how the Attorney General is to use the KASPER data;require the development and publication of drug prescribing and diversiontrend reports; specify that information from the system is confidential andspecify to whom the information may be revealed; permit hospitals torequest prescribing information about their employees; amend KRS218A.245, relating to reciprocal agreements with other states forprescription monitoring programs, to transfer functions from the Cabinet forHealth and Family Services to the Office of the Attorney General; create anew section of KRS Chapter 218A to require the Boards of MedicalLicensure, Nursing, Dentistry and other boards to develop a procedure forsuspending, limiting, or restricting a license where the licensee's practicemay endanger the health and welfare of patients or the public; amend KRS72.045, relating to coroner's cases, to specify when a coroner is to take ablood sample from a deceased to determine the presence of controlledsubstances; create a new section of KRS Chapter 72 to require coroners toreport to the state registrar of vital statistics and the Department of Kentucky State Police all deaths due to drug overdoses and provide relevantinformation to licensing boards; amend KRS 72.080, relating to the State
Medical Examiners Office publishing an annual report of drug relateddeaths, to require the registrar of vital statistics to report information to thestate medical examiner for the report; create a new section of KRS Chapter218A to require licensees with prescribing authority to report convictions,license suspensions, surrender of licenses and other disciplinary actions totheir licensing boards in Kentucky, whether or not the underlying actionoccurred in Kentucky or another jurisdiction; provide for suspension orpermanent revocation of license for specified acts; provide penalties forfailure to report, late reporting, and lying on an application for a license;create a new section of KRS Chapter 15 to specify duties of the AttorneyGeneral with regard to monitoring and enforcing drug monitoring,prescribing, and drug diversion statutes and permit the Attorney General totake action against persons and agencies; create a new section of KRSChapter 218A to specify complaint handling procedures for boards whichlicense persons to prescribe or dispense controlled substances; amend KRS311.530, relating to the Board of Medical Licensure, to require one memberto be a board-certified pain management specialist, and one to be a board-certified physiatrist certified in addiction medicine; amend KRS 311.591,relating to complaints against persons licensed by the Board of MedicalLicensure, to prohibit requiring complaints to be sworn and permit the boardto accept anonymous complaints under limited circumstances; amend KRS314.011, relating to the Board of Nursing, to place controlled substanceprescribing and dispensing limits on advanced practice registered nurses;amend KRS 314.042 to require advanced practice registered nurses toregister with and use the KASPER system prior to and after the prescribingof Schedule II or III controlled substances to a patient; amend KRS314.121, relating to the membership of the Board of Nursing, to require onemember to be a certified addiction specialist and one member to be acertified pain management specialist; create a new section of KRS Chapter218A to
Current Status:
3/8/2012 - Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA (1T) (2) (3) (4) (5P) (6) (7P)(8P) (9)
Recent Status:
3/7/2012 - floor amendment (9) filed to CommitteeSubstitute3/7/2012 - Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA (1T) (2) (3) (4) (5P) (6) (7)(8)
Comments:
None
Position:
None
Priority:
None
KRS Sections:
13A, 13B, 15.380, 15.40, 210, 216.2920, 216B,216B.400, 217, 217.905, 218A, 218A.060, 218A.080,
218A.100, 218A.202, 218A.240, 218A.245, 218A.410,311.530, 311.550, 311.591, 314.011, 314.042,314.121, 314.142, 315.121, 61.805, 61.85, 72.225,72.280, 72.405, 72.410, 72.415, 72.47
HB26
PUBLIC ASSISTANCE
(NAPIER, L) Amend KRS 205.200 to require theCabinet for Health and Family Services (CHFS) to implement a substanceabuse screening program for applicants and recipients of public assistance;permit the CHFS to design the program and utilize testing of blood or urineor other reliable methods of substance abuse detection; state conditionsunder which an adult person is ineligible for public assistance; permitsubstance abuse testing to occur only when a caseworker suspectssubstance abuse at the initial interview or at any other occasion when thecaseworker comes to suspect that the recipient is abusing controlledsubstances; require the CHFS to promulgate regulations governing theprogram and testing including requirements that applicants pay for allsubstance abuse screening costs and receive a later reimbursement if thetest is passed; grant the right to additional screenings for applicants that faila test; require both parents in two-parent families to comply with screeningrequirements; require that an individual who fails a test receive a list of licensed substance abuse treatment providers in his or her area; requirepassage of a drug test before receiving benefits; permit parents orguardians who fail a test to designate another individual to receive benefitsfor the parent's minor children; require designated individuals to passsubstance abuse screenings; create a 60-day grace period to enter atreatment program after the initial positive test; require individuals to payfor a test at the end of the 60-day grace period, and provide that, if theypass that test they must pass two additional randomized testings during thenext 24 months, or if an individual tests positive for a controlled substanceafter the 60-day grace period, they must show evidence of having entered asubstance abuse treatment program within 14 days, during which time,benefits may be suspended and only be payable for the benefit of anychildren in that recipient's home.
Current Status:
3/8/2012 - House Health and Welfare, (Bill Scheduledfor Hearing)
Recent Status:
1/3/2012 - Referred to Committee House Health andWelfare1/3/2012 - Introduced (Pre-Filed)
Comments:
None
Position:
None
Priority:
None
KRS Sections:
13A, 205.200
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