Kentucky House Bill 4 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 21-0)
Status: Engrossed on March 9 2012 - 50% progression, died in chamber
Action: 2012-04-12 - Conference Committee report adopted in Senate
Text: Latest bill text (Draft #2) [MS Word]

Create a new section of KRS Chapter 218A to require licensing boards, the Attorney General, and the Department of Kentucky State Police to share information regarding drug diversion and improper prescribing, and specify action to be taken upon receipt of a report; create a new section of KRS Chapter 218A to describe required actions prior to and after a person with prescribing authority prescribes or dispenses a controlled substance to a patient and to require registration with and the use of the Kentucky All Schedule Prescription Reporting (KASPER) system prior to prescribing or dispensing a controlled substance 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 person licensed by a professional licensing board; create a new section of KRS Chapter 15 to create the Attorney General's drug diversion prevention trust and agency fund and specify its uses; amend KRS 218A.202, relating to the KASPER controlled substance monitoring program, to require licensed medical professionals who use the system to pay a fee of $100 per year for the use of the system; specify information to be entered into the system; specify persons and agencies who may use the system; specify to whom information with the system may be disclosed; specify that if the Attorney General finds that a prescriber is not using the system the Attorney General must report the matter to the prescriber's licensing board; amend KRS 218A.240, relating to powers of the Attorney General and licensing board employees to specify how the Attorney General is to use the KASPER data; require the development and publication of drug prescribing and diversion trend reports; specify that information from the system is confidential and specify to whom the information may be revealed; permit hospitals to request prescribing information about their employees; amend KRS 218A.245, relating to reciprocal agreements with other states for prescription monitoring programs, to transfer functions from the Cabinet for Health and Family Services to the Office of the Attorney General; create a new section of KRS Chapter 218A to require the Boards of Medical Licensure, Nursing, Dentistry and other boards to develop a procedure for suspending, limiting, or restricting a license where the licensee's practice may endanger the health and welfare of patients or the public; amend KRS 72.045, relating to coroner's cases, to specify when a coroner is to take a blood sample from a deceased to determine the presence of controlled substances; create a new section of KRS Chapter 72 to require coroners to report to the state registrar of vital statistics and the Department of Kentucky State Police all deaths due to drug overdoses and provide relevant information to licensing boards; amend KRS 72.080, relating to the State Medical Examiners Office publishing an annual report of drug related deaths, to require the registrar of vital statistics to report information to the state medical examiner for the report; create a new section of KRS Chapter 218A to require licensees with prescribing authority to report convictions, license suspensions, surrender of licenses and other disciplinary actions to their licensing boards in Kentucky, whether or not the underlying action occurred in Kentucky or another jurisdiction; provide for suspension or permanent revocation of license for specified acts; provide penalties for failure 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 Attorney General with regard to monitoring and enforcing drug monitoring, prescribing, and drug diversion statutes and permit the Attorney General to take action against persons and agencies; create a new section of KRS Chapter 218A to specify complaint handling procedures for boards which license persons to prescribe or dispense controlled substances; amend KRS 311.530, relating to the Board of Medical Licensure, to require one member to 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 Medical Licensure, to prohibit requiring complaints to be sworn and permit the board to accept anonymous complaints under limited circumstances; amend KRS 314.011, relating to the Board of Nursing, to place controlled substance prescribing and dispensing limits on advanced practice registered nurses; amend KRS 314.042 to require advanced practice registered nurses to register with and use the KASPER system prior to and after the prescribing of Schedule II or III controlled substances to a patient; amend KRS 314.121, relating to the membership of the Board of Nursing, to require one member to be a certified addiction specialist and one member to be a certified pain management specialist; create a new section of KRS Chapter 218A to require boards which license persons to prescribe or dispense controlled substances to promulgate administrative regulations relating to mandatory prescribing and dispensing standards; create a new section of KRS Chapter 315, relating to pharmacies, to require that they not accept prescriptions for Schedule II or III controlled substances for more than a 90-day supply, that they ship not more than a 30-day supply in one shipment, and that they not make the next shipment until near exhaustion of the previous shipment; create a new section of KRS Chapter 218A to prohibit any board licensing persons to prescribe or dispense controlled substances to require complaints to be sworn or notarized; permit the filing of an anonymous complaint under limited circumstances; require transfer of the KASPER drug monitoring system from the Cabinet for Health and Family Services to the Office of the Attorney General; specify when the Governor shall appoint pain management specialist and addiction specialist members to the Board of Medical Licensure and the Board of Nursing.

AN ACT relating to controlled substances and making an appropriation therefor.

Rep. Rocky Adkins [D]	Rep. Linda Belcher [D]	Rep. Thomas Burch [D]	Rep. Larry Clark [D]
Rep. Hubert Collins [D]	Rep. Leslie Combs [D]	Rep. Robert Damron [D]	Rep. Dennis Keene [D]
Rep. Martha King [D]	Rep. Charles Miller [D]	Rep. Rick Nelson [D]	Rep. Ruth Palumbo [D]
Rep. Tanya Pullin [D]	Rep. Jody Richards [D]	Rep. Tom Riner [D]	Rep. Fitz Steele [D]
Rep. Wilson Stone [D]	Rep. Gregory Stumbo [D]	Rep. Thomas Thompson [D]	Rep. John Tilley [D]
Rep. Brent Yonts [D]

Date	Chamber	Action
2012-04-12		Conference Committee report adopted in Senate
2012-03-30		Free Conference Committee appointed in Senate
2012-03-30		passed over and retained in the Orders of the Day
2012-03-30		motion to adopt Conference Committee report reconsidered
2012-03-30		Conference Committee report adopted in Senate
2012-03-30		Conference Committee report filed in Senate
2012-03-30		Free Conference Committee appointed in House
2012-03-30		Conference Committee report adopted in House
2012-03-30		Conference Committee report filed in House
2012-03-30		Conference Committee appointed in Senate
2012-03-30		Senate refused to recede from Committee Substitute
2012-03-30		posted for passage for receding from Senate Committee Substitute, floor amendment (1)
2012-03-29		received in Senate
2012-03-29		Conference Committee appointed in House
2012-03-29		House refused to concur in Senate Committee Substitute
2012-03-29		posted for passage for concurrence in Senate Committee Substitute
2012-03-28		to Rules (H)
2012-03-28		received in House
2012-03-28		passed 26-9 with Committee Substitute
2012-03-28		floor amendment (1) defeated
2012-03-28		3rd reading
2012-03-28		posted for passage in the Regular Orders of the Day for Wednesday, March 28, 2012
2012-03-27		floor amendment (1) filed to Committee Substitute
2012-03-27		reported favorably, to Rules with Committee Substitute
2012-03-26		returned to Judiciary (S)
2012-03-26		2nd reading
2012-03-26		taken from Judiciary (S)
2012-03-23		returned to Judiciary (S)
2012-03-23		1st reading
2012-03-23		taken from Judiciary (S)
2012-03-13		to Judiciary (S)
2012-03-09		received in Senate
2012-03-08		passed 81-7 with Committee Substitute, floor amendment (9)
2012-03-08		floor amendment (7) ruled not germane
2012-03-08		floor amendment (8) withdrawn
2012-03-08		3rd reading
2012-03-07		floor amendment (9) filed to Committee Substitute
2012-03-06		floor amendment (7) filed to Committee Substitute, floor amendment (8) filed
2012-03-05		floor amendment (6) filed
2012-03-05		posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012
2012-03-01		floor amendments (2) (3) (4) and (5) filed to Committee Substitute, floor amendment (1-title) filed
2012-02-29		reported favorably, 2nd reading, to Rules with Committee Substitute
2012-02-13		posted in committee
2012-02-08		returned to Judiciary (H)
2012-02-08		1st reading
2012-02-08		taken from Judiciary (H)
2012-02-06		to Judiciary (H)
2012-02-02		introduced in House

Type	Source
Summary	http://www.lrc.ky.gov/record/12RS/HB4.htm
Text	http://www.lrc.ky.gov/record/12RS/HB4/bill.doc