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Back to HB 387
Kentucky General Assembly· HB 387delivered to Secretary of State (Acts Ch. 170)

An act relating to veterinarians and declaring an emergency., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                   26 RS HB 387/VO

1   AN ACT relating to veterinarians and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 218A.025 is amended to read as follows:

4 (1) The Controlled Substances Prescribing Council is hereby established under the

5   Office of the Inspector General. The council shall consist of the following fifteen

6   (15) members:

7   (a) The Inspector General of the Cabinet for Health and Family Services, who

8   shall serve as chair of the council;

9   (b) The executive director of the Office of Drug Control Policy;

10  (c) Two (2) currently licensed prescribers of scheduled drugs selected by the

11  Kentucky Board of Dentistry, one (1) of whom shall be a dentist and one (1)

12  of whom shall be an oral surgeon;

13  (d) Three (3)[Four (4)] licensed physicians who currently prescribe scheduled

14  drugs selected by the Kentucky Board of Medical Licensure, one (1) of whom

15  shall have a specialty in primary care,[ one (1) of whom shall have a specialty

16  in emergency medicine,] one (1) of whom shall have a specialty in psychiatry

17  or addiction medicine, and one (1) of whom shall have a specialty in pain

18  management;

19  (e) Three (3)[Four (4)] licensed advanced practice registered nurses who

20  currently prescribe scheduled drugs selected by the Kentucky Board of

21  Nursing, one (1) of whom shall have a specialty in primary care,[ one (1) of

22  whom shall have a specialty in acute care,] one (1) of whom shall have a

23  specialty in psychiatric mental health or addiction, and one (1) of whom shall

24  have a specialty in pain management;

25  (f) One (1) licensed prescriber of scheduled drugs selected by the Kentucky

26  Board of Optometric Examiners;

27  (g) One (1) licensed prescriber of scheduled drugs selected by the Kentucky

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1   Board of Podiatry;[ and]

2   (h) One (1) licensed pharmacist selected by the Kentucky Board of Pharmacy;

3   and

4   (i) Two (2) licensed veterinarians who currently prescribe and dispense

5   scheduled drugs selected by the Kentucky Board of Veterinary Examiners,

6   one (1) of whom shall have a specialty in livestock as defined in KRS

7   257.010, and one (1) of whom shall have a specialty in equine medicine.

8 (2) The council shall meet at least quarterly to discuss matters relating to the safe and

9   appropriate prescribing and dispensing of controlled substances, including:

10  (a) The review of quarterly reports issued by the Office of the Inspector General

11  pursuant to KRS 218A.202(9) to identify potential improper, inappropriate, or

12  illegal prescribing or dispensing of controlled substances by examining

13  aggregate patterns of prescribing by profession of the prescriber and county

14  where the medication was prescribed and dispensed;

15  (b) Recommendations for improvements in data collection and reporting by the

16  electronic system for monitoring controlled substances pursuant to KRS

17  218A.202;

18  (c) Recommendations for best prescribing practices based on up-to-date research;

19  (d) Recommendations to the professional licensing boards for actions to aid in

20  enforcing current law, reviewing prescribing and dispensing data, and

21  correcting improper, inappropriate, or illegal prescribing or dispensing of a

22  controlled substance; and

23  (e) Development and communication of any recommendations, based on review

24  of data or research, to each licensure board. The licensure boards shall

25  respond in writing to the panel within ninety (90) days of receiving the

26  recommendations with an explanation of their response to the

27  recommendations.

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1 (3) The council may request information from the licensure boards regarding their

2   procedures for conducting investigations and taking actions regarding the possible

3   improper, inappropriate, or illegal prescribing or dispensing of controlled

4   substances.

5 (4) On or before [December 31, 2024, and each ]December 31 of each year[thereafter],

6   the council shall submit an annual report to the Governor and the Legislative

7   Research Commission for referral to the Interim Joint Committee on Health

8   Services. The annual report shall:

9   (a) List the council's meeting dates and topics for the preceding year;

10  (b) Provide relevant statistical information, including a summary of the aggregate

11  patterns by profession of prescriber and by county, of potential improper,

12  inappropriate, or illegal prescribing or dispensing of a controlled substance;

13  (c) Describe the efforts made by the council to share information among the

14  licensure boards related to improving the safe and appropriate prescribing and

15  dispensing of controlled substances;

16  (d) Summarize responses received from the licensure boards to the panel's

17  recommendations; and

18  (e) Provide any policy recommendations, including recommendations for

19  statutory or administrative regulation changes intended to improve prescribing

20  and dispensing practices and prevent improper, inappropriate, or illegal

21  prescribing or dispensing of controlled substances.

22 (5) The council shall not make any recommendations related to the scope of practice of

23  any prescribing or dispensing professionals.

24 (6) The council shall be attached to the Office of the Inspector General for

25  administrative purposes.

26 (7) Members shall not receive any additional compensation for their service on the

27  council but shall be reimbursed for all necessary expenses.

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1   Section 2. KRS 218A.202 is amended to read as follows:

2 (1) As used in this section:

3   (a) "Cabinet" means the Cabinet for Health and Family Services;

4   (b) "Cannabis business" has the same meaning as in KRS 218B.010;

5   (c) "Controlled substance" means any Schedule II, III, IV, or V controlled

6   substance and does not include medicinal cannabis;

7   (d) "Dispensary" has the same meaning as in KRS 218B.010;

8   (e) "Dispensary agent" has the same meaning as in KRS 218B.010;

9   (f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010;

10  (g) "Medicinal cannabis" has the same meaning as in KRS 218B.010;

11  (h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010;

12  (i) "Registry identification card" has the same meaning as in KRS 218B.010;

13  (j) "State licensing board" has the same meaning as in KRS 218B.010;

14  (k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and

15  (l) "Written certification" has the same meaning as in KRS 218B.010.

16 (2) The cabinet shall establish and maintain an electronic system for monitoring

17  Schedules II, III, IV, and V controlled substances and medicinal cannabis. The

18  cabinet may contract for the design, upgrade, or operation of this system if the

19  contract preserves all of the rights, privileges, and protections guaranteed to

20  Kentucky citizens under this chapter and the contract requires that all other aspects

21  of the system be operated in conformity with the requirements of this or any other

22  applicable state or federal law.

23 (3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV,

24  or V controlled substances:

25  (a) A practitioner or a pharmacist authorized to prescribe or dispense controlled

26  substances to humans shall register with the cabinet to use the system

27  provided for in this section and shall maintain such registration continuously

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1   during the practitioner's or pharmacist's term of licensure and shall not have to

2   pay a fee or tax specifically dedicated to the operation of the system;

3   (b) Every practitioner or pharmacy which dispenses a controlled substance to a

4   person in Kentucky, or to a person at an address in Kentucky, shall report to

5   the cabinet the data required by this section, which includes the reporting of

6   any Schedule II controlled substance dispensed at a facility licensed by the

7   cabinet and a Schedule II through Schedule V controlled substance regardless

8   of dosage when dispensed by the emergency department of a hospital to an

9   emergency department patient. Reporting shall not be required for:

10  1. A drug administered directly to a patient in a hospital, a resident of a

11  health care facility licensed under KRS Chapter 216B, a resident of a

12  child-caring facility as defined by KRS 199.011, or an individual in a

13  jail, correctional facility, or juvenile detention facility;

14  2. A Schedule III through Schedule V controlled substance dispensed by a

15  facility licensed by the cabinet provided that the quantity dispensed is

16  limited to an amount adequate to treat the patient for a maximum of

17  forty-eight (48) hours and is not dispensed by the emergency department

18  of a hospital; or

19  3. A drug administered or dispensed to a research subject enrolled in a

20  research protocol approved by an institutional review board that has an

21  active federalwide assurance number from the United States Department

22  of Health and Human Services, Office for Human Research Protections,

23  where the research involves single, double, or triple blind drug

24  administration or is additionally covered by a certificate of

25  confidentiality from the National Institutes of Health;

26  (c) In addition to the data required by paragraph (d) of this subsection, a

27  Kentucky-licensed acute care hospital or critical access hospital shall report to

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1   the cabinet all positive toxicology screens that were performed by the

2   hospital's emergency department to evaluate the patient's suspected drug

3   overdose;

4   (d) Data for each controlled substance that is reported shall include but not be

5   limited to the following:

6   1. Patient identifier;

7   2. National drug code of the drug dispensed;

8   3. Date of dispensing;

9   4. Quantity dispensed;

10  5. Prescriber; and

11  6. Dispenser;

12  (e) The data shall be provided in the electronic format specified by the cabinet

13  unless a waiver has been granted by the cabinet to an individual dispenser.

14  The cabinet shall establish acceptable error tolerance rates for data.

15  Dispensers shall ensure that reports fall within these tolerances. Incomplete or

16  inaccurate data shall be corrected upon notification by the cabinet if the

17  dispenser exceeds these error tolerance rates;

18  (f) The cabinet shall only disclose data to persons and entities authorized to

19  receive that data under this subsection. Disclosure to any other person or

20  entity, including disclosure in the context of a civil action where the

21  disclosure is sought either for the purpose of discovery or for evidence, is

22  prohibited unless specifically authorized by this section. The cabinet shall be

23  authorized to provide data to:

24  1. A designated representative of a board responsible for the licensure,

25  regulation, or discipline of practitioners, pharmacists, or other person

26  who is authorized to prescribe, administer, or dispense controlled

27  substances and who is involved in a bona fide specific investigation

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1   involving a designated person;

2   2. Employees of the Office of the Inspector General of the cabinet who

3   have successfully completed training for the electronic system and who

4   have been approved to use the system, federal prosecutors, Kentucky

5   Commonwealth's attorneys and assistant Commonwealth's attorneys,

6   county attorneys and assistant county attorneys, a peace officer certified

7   pursuant to KRS 15.380 to 15.404, a certified or full-time peace officer

8   of another state, or a federal agent whose duty is to enforce the laws of

9   this Commonwealth, of another state, or of the United States relating to

10  drugs and who is engaged in a bona fide specific investigation involving

11  a designated person;

12  3. A state-operated Medicaid program in conformity with paragraph (g) of

13  this subsection;

14  4. A properly convened grand jury pursuant to a subpoena properly issued

15  for the records;

16  5. A practitioner or pharmacist, or employee of the practitioner's or

17  pharmacist's practice acting under the specific direction of the

18  practitioner or pharmacist, who certifies that the requested information

19  is for the purpose of:

20  a. Providing medical or pharmaceutical treatment to a bona fide

21                   current or prospective patient;

22  b. Reviewing data on controlled substances that have been reported

23                   for the birth mother of an infant who is currently being treated by

24                   the practitioner for neonatal abstinence syndrome, or has

25                   symptoms that suggest prenatal drug exposure; or

26  c. Reviewing and assessing the individual prescribing or dispensing

27                   patterns of the practitioner or pharmacist or to determine the

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1                    accuracy and completeness of information contained in the

2                    monitoring system;

3   6. The chief medical officer of a hospital or long-term-care facility, an

4   employee of the hospital or long-term-care facility as designated by the

5   chief medical officer and who is working under his or her specific

6   direction, or a physician designee if the hospital or facility has no chief

7   medical officer, if the officer, employee, or designee certifies that the

8   requested information is for the purpose of providing medical or

9   pharmaceutical treatment to a bona fide current or prospective patient or

10  resident in the hospital or facility;

11  7. In addition to the purposes authorized under subparagraph 1. of this

12  paragraph, the Kentucky Board of Medical Licensure, for any physician

13  who is:

14  a. Associated in a partnership or other business entity with a

15                   physician who is already under investigation by the Board of

16                   Medical Licensure for improper prescribing or dispensing

17                   practices;

18  b. In a designated geographic area for which a trend report indicates

19                   a substantial likelihood that inappropriate prescribing or

20                   dispensing may be occurring; or

21  c. In a designated geographic area for which a report on another

22                   physician in that area indicates a substantial likelihood that

23                   inappropriate prescribing or dispensing may be occurring in that

24                   area;

25  8. In addition to the purposes authorized under subparagraph 1. of this

26  paragraph, the Kentucky Board of Nursing, for any advanced practice

27  registered nurse who is:

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1   a. Associated in a partnership or other business entity with a

2                    physician who is already under investigation by the Kentucky

3                    Board of Medical Licensure for improper prescribing or

4                    dispensing practices;

5   b. Associated in a partnership or other business entity with an

6                    advanced practice registered nurse who is already under

7                    investigation by the Board of Nursing for improper prescribing

8                    practices;

9   c. In a designated geographic area for which a trend report indicates

10                   a substantial likelihood that inappropriate prescribing or

11                   dispensing may be occurring; or

12  d. In a designated geographic area for which a report on a physician

13                   or another advanced practice registered nurse in that area indicates

14                   a substantial likelihood that inappropriate prescribing or

15                   dispensing may be occurring in that area;

16  9. A judge or a probation or parole officer administering a diversion or

17  probation program of a criminal defendant arising out of a violation of

18  this chapter or of a criminal defendant who is documented by the court

19  as a substance abuser who is eligible to participate in a court-ordered

20  drug diversion or probation program; or

21  10. A medical examiner engaged in a death investigation pursuant to KRS

22  72.026;

23  (g) The Department for Medicaid Services shall use any data or reports from the

24  system for the purpose of identifying Medicaid providers or recipients whose

25  prescribing, dispensing, or usage of controlled substances may be:

26  1. Appropriately managed by a single outpatient pharmacy or primary care

27  physician; or

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1   2. Indicative of improper, inappropriate, or illegal prescribing or

2   dispensing practices by a practitioner or drug seeking by a Medicaid

3   recipient;

4   (h) A person who receives data or any report of the system from the cabinet shall

5   not provide it to any other person or entity except as provided in this

6   subsection, in another statute, or by order of a court of competent jurisdiction

7   and only to a person or entity authorized to receive the data or the report

8   under this section, except that:

9   1. A person specified in paragraph (f)2. of this subsection who is

10  authorized to receive data or a report may share that information with

11  any other persons specified in paragraph (f)2. of this subsection

12  authorized to receive data or a report if the persons specified in

13  paragraph (f)2. of this subsection are working on a bona fide specific

14  investigation involving a designated person. Both the person providing

15  and the person receiving the data or report under this subparagraph shall

16  document in writing each person to whom the data or report has been

17  given or received and the day, month, and year that the data or report

18  has been given or received. This document shall be maintained in a file

19  by each agency engaged in the investigation;

20  2. A representative of the Department for Medicaid Services may share

21  data or reports regarding overutilization by Medicaid recipients with a

22  board designated in paragraph (f)1. of this subsection, or with a law

23  enforcement officer designated in paragraph (f)2. of this subsection;

24  3. The Department for Medicaid Services may submit the data as evidence

25  in an administrative hearing held in accordance with KRS Chapter 13B;

26  4. If a state licensing board as defined in KRS 218A.205 initiates formal

27  disciplinary proceedings against a licensee, and data obtained by the

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1   board is relevant to the charges, the board may provide the data to the

2   licensee and his or her counsel, as part of the notice process required by

3   KRS 13B.050, and admit the data as evidence in an administrative

4   hearing conducted pursuant to KRS Chapter 13B, with the board and

5   licensee taking all necessary steps to prevent further disclosure of the

6   data; and

7   5. A practitioner, pharmacist, or employee who obtains data under

8   paragraph (f)5. of this subsection may share the report with the patient

9   or person authorized to act on the patient's behalf. Any practitioner,

10  pharmacist, or employee who obtains data under paragraph (f)5. of this

11  subsection may place the report in the patient's medical record, in which

12  case the individual report shall then be deemed a medical record subject

13  to disclosure on the same terms and conditions as an ordinary medical

14  record in lieu of the disclosure restrictions otherwise imposed by this

15  section;

16  (i) The cabinet, all peace officers specified in paragraph (f)2. of this subsection,

17  all officers of the court, and all regulatory agencies and officers, in using the

18  data for investigative or prosecution purposes, shall consider the nature of the

19  prescriber's and dispenser's practice and the condition for which the patient is

20  being treated;

21  (j) Intentional failure to comply with the reporting requirements of this

22  subsection shall be a Class B misdemeanor for the first offense and a Class A

23  misdemeanor for each subsequent offense;[ and]

24  (k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply

25  with this section, the cabinet shall notify the licensing board or agency

26  responsible for licensing the prescriber or dispenser. The licensing board shall

27  treat the notification as a complaint against the license; and

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1   (l) A veterinarian licensed in Kentucky prescribing, administering, or

2   dispensing controlled substances to animals shall not be required by

3   administrative regulation or any other means to report the prescribing,

4   administering, or dispensing of controlled substances to:

5   1. The Controlled Substances Prescribing Council;

6   2. The cabinet; or

7   3. Any other governmental entity except the Kentucky Board of

8   Veterinary Examiners.

9 (4) For the purpose of monitoring the cultivation, processing, production,

10  recommending, and dispensing of medicinal cannabis:

11  (a) Every medicinal cannabis practitioner who is authorized pursuant to KRS

12  218B.050 to provide written certifications for the use of medicinal cannabis

13  and every cannabis business licensed under KRS 218B.080, 218B.085, and

14  218B.090 shall register with the cabinet to use the system provided for in this

15  section and shall maintain such registration continuously during the medicinal

16  cannabis practitioner's authorization to provide written certifications or a

17  cannabis business's term of licensure and shall not have to pay a fee or tax

18  specifically dedicated to the operation of the system;

19  (b) No later than July 1, 2024, the cabinet shall ensure that the system provided

20  for in this section allows:

21  1. Medicinal cannabis practitioners to record the issuance of written

22  certifications to a patient as required by KRS 218B.050;

23  2. The cabinet, law enforcement personnel, and dispensary agents to verify

24  the validity of registry identification cards issued by the cabinet. When

25  verifying the validity of an identification card, the system shall only

26  disclose whether the identification card is valid and whether the

27  cardholder is a registered qualified patient, visiting qualified patient, or

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1   designated caregiver;

2   3. Dispensary agents to record the amount of medicinal cannabis that is

3   dispensed to a cardholder during each transaction, as required by KRS

4   218B.110;

5   4. Law enforcement personnel and dispensary agents to access medicinal

6   cannabis sales data recorded by dispensary agents pursuant to KRS

7   218B.110;

8   5. The sharing of dispensing data recorded by dispensary agents, pursuant

9   to KRS 218B.110, with all licensed dispensaries in real time;

10  6. Licensed cannabis businesses to record data required by administrative

11  regulations promulgated pursuant to KRS 218B.140 to facilitate the

12  tracking of medicinal cannabis from the point of cultivation to the point

13  of sale to cardholders; and

14  7. The cabinet to track all medicinal cannabis in the state from the point of

15  cultivation to the point of sale to a cardholder;

16  (c) The cabinet shall only disclose data related to the cultivation, production,

17  recommending, and dispensing of medicinal cannabis to persons and entities

18  authorized to receive that data under this subsection. Disclosure to any other

19  person or entity, including disclosure in the context of a civil action where the

20  disclosure is sought either for the purpose of discovery or for evidence, is

21  prohibited unless specifically authorized by this subsection. The cabinet shall

22  be authorized to provide data to:

23  1. Any person or entity authorized to receive data pursuant to paragraph

24  (b) of this subsection;

25  2. A designated representative of a state licensing board responsible for the

26  licensure, regulation, or discipline of medicinal cannabis practitioners

27  and who is involved in a bona fide specific investigation involving a

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1   designated person;

2   3. Employees of the Office of the Inspector General of the cabinet who

3   have successfully completed training for the electronic system and who

4   have been approved to use the system, Kentucky Commonwealth's

5   attorneys and assistant Commonwealth's attorneys, and county attorneys

6   and assistant county attorneys who are engaged in a bona fide specific

7   investigation involving a designated person;

8   4. A properly convened grand jury pursuant to a subpoena properly issued

9   for the records;

10  5. A medicinal cannabis practitioner or an employee of a medicinal

11  cannabis practitioner's practice acting under the specific direction of the

12  medicinal cannabis practitioner, who certifies that the request for

13  information is for the purpose of complying with KRS 218B.050(4)(c);

14  6. The chief medical officer of a hospital or long-term-care facility, an

15  employee of the hospital or long-term-care facility as designated by the

16  chief medical officer and who is working under his or her specific

17  direction, or a physician designee if the hospital or facility has no chief

18  medical officer, if the officer, employee, or designee certifies that the

19  requested information is for the purpose of providing medical or

20  pharmaceutical treatment to a bona fide current or prospective patient or

21  resident in the hospital or facility;

22  7. In addition to the purposes authorized under subparagraph 2. of this

23  paragraph, the Kentucky Board of Medical Licensure, for any physician

24  who is:

25  a. Associated in a partnership, other business entity, or supervision

26                   agreement established pursuant to KRS 311.854 with a physician

27                   who is already under investigation by the Board of Medical

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1                    Licensure for improper issuance of written certifications;

2   b. Associated in a partnership or other business entity with an

3                    advanced practice registered nurse who is already under

4                    investigation by the Board of Nursing for improper issuance of

5                    written certifications;

6   c. In a designated geographic area for which a trend report indicates

7                    a substantial likelihood that inappropriate issuance of written

8                    certifications may be occurring; or

9   d. In a designated geographic area for which a report on another

10                   physician in that area indicates a substantial likelihood that

11                   inappropriate issuance of written certifications may be occurring in

12                   that area;

13  8. In addition to the purposes authorized under subparagraph 2. of this

14  paragraph, the Kentucky Board of Nursing, for any advanced practice

15  registered nurse who is:

16  a. Associated in a partnership or other business entity with a

17                   physician who is already under investigation by the Kentucky

18                   Board of Medical Licensure for improper issuance of written

19                   certifications;

20  b. Associated in a partnership or other business entity with an

21                   advanced practice registered nurse who is already under

22                   investigation by the Board of Nursing for improper issuance of

23                   written certifications;

24  c. In a designated geographic area for which a trend report indicates

25                   a substantial likelihood that inappropriate issuance of written

26                   certifications may be occurring; or

27  d. In a designated geographic area for which a report on another

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1                    advanced practice registered nurse in that area indicates a

2                    substantial likelihood that inappropriate issuance of written

3                    certifications may be occurring in that area;

4   9. A judge or a probation or parole officer administering a diversion or

5   probation program of a criminal defendant arising out of a violation of

6   this chapter or of a criminal defendant who is documented by the court

7   as a substance abuser who is eligible to participate in a court-ordered

8   drug diversion or probation program;

9   10. A medical examiner engaged in a death investigation pursuant to KRS

10  72.026; or

11  11. The Legislative Research Commission, the University of Kentucky

12  College of Medicine, or the Kentucky Center for Cannabis established

13  in KRS 164.983 if the cabinet determines that disclosing data related to

14  the cultivation, production, recommending, and dispensing of medicinal

15  cannabis to the Legislative Research Commission, the University of

16  Kentucky College of Medicine, or the Kentucky Center for Cannabis is

17  necessary to comply with the reporting requirements established in KRS

18  218B.020(8); and

19  (d) A person who receives data or any report of the system from the cabinet shall

20  not provide it to any other person or entity except as provided in this section,

21  in another statute, or by order of a court of competent jurisdiction and only to

22  a person or entity authorized to receive the data or the report under this

23  section, except that:

24  1. A person specified in paragraph (c)3. of this subsection who is

25  authorized to receive data or a report may share that information with

26  any other persons specified in paragraph (c)3. of this subsection

27  authorized to receive data or a report if the persons specified in

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1   paragraph (c)3. of this subsection are working on a bona fide specific

2   investigation involving a designated person. Both the person providing

3   and the person receiving the data or report under this subparagraph shall

4   document in writing each person to whom the data or report has been

5   given or received and the day, month, and year that the data or report

6   has been given or received. This document shall be maintained in a file

7   by each agency engaged in the investigation;

8   2. If a state licensing board initiates formal disciplinary proceedings

9   against a licensee, and data obtained by the board is relevant to the

10  charges, the board may provide the data to the licensee and his or her

11  counsel, as part of the notice process required by KRS 13B.050, and

12  admit the data as evidence in an administrative hearing conducted

13  pursuant to KRS Chapter 13B, with the board and licensee taking all

14  necessary steps to prevent further disclosure of the data; and

15  3. A medicinal cannabis practitioner or an employee of a medicinal

16  cannabis practitioner's practice acting under the specific direction of the

17  medicinal cannabis practitioner who obtains data under paragraph (c)5.

18  of this subsection may share the report with the patient or person

19  authorized to act on the patient's behalf. Any medicinal cannabis

20  practitioner or employee who obtains data under paragraph (c)5. of this

21  subsection may place the report in the patient's medical record, in which

22  case the individual report shall then be deemed a medical record subject

23  to disclosure on the same terms and conditions as an ordinary medical

24  record in lieu of the disclosure restrictions otherwise imposed by this

25  section.

26 (5) The data contained in, and any report obtained from, the electronic system for

27  monitoring established pursuant to this section shall not be a public record, except

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1   that the Department for Medicaid Services may submit the data as evidence in an

2   administrative hearing held in accordance with KRS Chapter 13B.

3 (6) Intentional disclosure of transmitted data to a person not authorized by subsection

4   (3)(f) to (h) or (4)(c) and (d) of this section or authorized by KRS 315.121, or

5   obtaining information under this section not relating to a bona fide current or

6   prospective patient or a bona fide specific investigation, shall be a Class B

7   misdemeanor for the first offense and a Class A misdemeanor for each subsequent

8   offense.

9 (7) The cabinet may, by promulgating an administrative regulation, limit the length of

10  time that data remain in the electronic system. Any data removed from the system

11  shall be archived and subject to retrieval within a reasonable time after a request

12  from a person authorized to review data under this section.

13 (8) (a) The Cabinet for Health and Family Services shall work with each board

14  responsible for the licensure, regulation, or discipline of practitioners,

15  pharmacists, or other persons who are authorized to prescribe, administer, or

16  dispense controlled substances for the development of a continuing education

17  program about the purposes and uses of the electronic system for monitoring

18  established in this section.

19  (b) The cabinet shall work with each board responsible for the licensure,

20  regulation, or discipline of medicinal cannabis practitioners for the

21  development of a continuing education program about the purposes and uses

22  of the electronic system for monitoring established in this section.

23  (c) The cabinet shall work with the Kentucky Bar Association for the

24  development of a continuing education program for attorneys about the

25  purposes and uses of the electronic system for monitoring established in this

26  section.

27  (d) The cabinet shall work with the Justice and Public Safety Cabinet for the

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1   development of a continuing education program for law enforcement officers

2   about the purposes and uses of the electronic system for monitoring

3   established in this section.

4   (e) The cabinet shall develop a training program for cannabis business agents

5   about the purposes and uses of the electronic system for monitoring

6   established in this section.

7 (9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify

8   patterns of potential improper, inappropriate, or illegal prescribing or dispensing of

9   a controlled substance, issuance of written certifications, or cultivation, processing,

10  or dispensing of medicinal cannabis. The Office of Inspector General may

11  independently investigate and submit findings and recommendations to the

12  appropriate boards of licensure or other reporting agencies.

13 (10) The cabinet shall promulgate administrative regulations to implement the

14  provisions of this section. Included in these administrative regulations shall be:

15  (a) An error resolution process allowing a patient to whom a report had been

16  disclosed under subsections (3) and (4) of this section to request the correction

17  of inaccurate information contained in the system relating to that patient; and

18  (b) A requirement that data be reported to the system under subsection (3)(b) of

19  this section within one (1) day of dispensing.

20 (11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward

21  data regarding any felony or Class A misdemeanor conviction that involves

22  the trafficking or possession of a controlled substance or other prohibited acts

23  under KRS Chapter 218A for the previous five (5) calendar years to the

24  cabinet for inclusion in the electronic monitoring system established under

25  this section. On or after July 1, 2018, such data shall be forwarded by the

26  Administrative Office of the Courts to the cabinet on a continuing basis. The

27  cabinet shall incorporate the data received into the system so that a query by

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1   patient name indicates any prior drug conviction.

2   (b) Before July 1, 2024, the Administrative Office of the Courts shall forward all

3   available data regarding any disqualifying felony offense for the previous five

4   (5) calendar years to the cabinet for inclusion in the electronic monitoring

5   system established under this section. On or after July 1, 2024, such data shall

6   be forwarded by the Administrative Office of the Courts to the cabinet on a

7   continuing basis. The cabinet shall incorporate the data received into the

8   system so that a query by patient name indicates any prior disqualifying

9   felony conviction.

10  Section 3. Whereas it is imperative to bring Kentucky's regulatory policies in

11 line with the requirements set forth by the General Assembly, an emergency is declared

12 to exist, and this Act takes effect upon its passage and approval by the Governor or upon

13 its otherwise becoming a law.

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