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Kentucky General Assembly· HB 388signed by Governor (Acts Ch. 38)

An act relating to prescription drugs., 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 388/GA

1   AN ACT relating to prescription drugs.

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

3   Section 1. KRS 205.529 is amended to read as follows:

4 (1) The Department for Medicaid Services or a managed care organization contracted

5   to provide services pursuant to this chapter shall provide a program for

6   synchronization of medications when it is agreed among the member, a provider,

7   and a pharmacist that synchronization of multiple prescriptions for the treatment of

8   a chronic illness is in the best interest of the patient for the management or

9   treatment of a chronic illness provided that the medications:

10  (a) Are covered by the Department for Medicaid Services or a managed care

11  organization contracted to provide services pursuant to this chapter;

12  (b) Are used for treatment and management of chronic conditions that are subject

13  to refills;

14  (c) Are not a Schedule II controlled substance[ or a Schedule III controlled

15  substance containing hydrocodone];

16  (d) Meet all prior authorization criteria specific to the medications at the time of

17  the synchronization request;

18  (e) Are of a formulation that can be effectively split over required short fill

19  periods to achieve synchronization; and

20  (f) Do not have quantity limits or dose optimization criteria or requirements that

21  would be violated in fulfilling synchronization.

22 (2) When applicable to permit synchronization, the Department for Medicaid Services

23  or a managed care organization contracted to provide services pursuant to this

24  chapter shall apply a prorated daily cost-sharing rate to any medication dispensed

25  by a network pharmacy pursuant to this section.

26 (3) Any dispensing fee shall not be prorated and shall be based on an individual

27  prescription filled or refilled.

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    UNOFFICIAL COPY                                                 26 RS HB 388/GA

1   Section 2. KRS 218A.010 is amended to read as follows:

2 As used in this chapter, unless the context otherwise requires:

3 (1) "Administer" means the direct application of a controlled substance, whether by

4   injection, inhalation, ingestion, or any other means, to the body of a patient or

5   research subject by:

6   (a) A practitioner or by his or her authorized agent under his or her immediate

7   supervision and pursuant to his or her order; or

8   (b) The patient or research subject at the direction and in the presence of the

9   practitioner;

10 (2) "Anabolic steroid" means any drug or hormonal substance chemically and

11  pharmacologically related to testosterone that promotes muscle growth and includes

12  those substances classified as Schedule III controlled substances pursuant to KRS

13  218A.020 but does not include estrogens, progestins, and anticosteroids;

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

15 (4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of

16  its salts, isomers, or salts of isomers;

17 (5) "Certified community based palliative care program" means a palliative care

18  program which has received certification from the Joint Commission;

19 (6) "Child" means any person under the age of majority as specified in KRS 2.015;

20 (7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical

21  and geometric isomers, and salts of isomers;

22 (8) "Controlled substance" means methamphetamine, or a drug, substance, or

23  immediate precursor in Schedules I through V and includes a controlled substance

24  analogue;

25 (9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this

26  subsection, means a substance:

27  1. The chemical structure of which is substantially similar to the structure

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    UNOFFICIAL COPY                                             26 RS HB 388/GA

1   of a controlled substance in Schedule I or II; and

2   2. Which has a stimulant, depressant, or hallucinogenic effect on the

3   central nervous system that is substantially similar to or greater than the

4   stimulant, depressant, or hallucinogenic effect on the central nervous

5   system of a controlled substance in Schedule I or II; or

6   3. With respect to a particular person, which such person represents or

7   intends to have a stimulant, depressant, or hallucinogenic effect on the

8   central nervous system that is substantially similar to or greater than the

9   stimulant, depressant, or hallucinogenic effect on the central nervous

10  system of a controlled substance in Schedule I or II.

11  (b) Such term does not include:

12  1. Any substance for which there is an approved new drug application;

13  2. With respect to a particular person, any substance if an exemption is in

14  effect for investigational use for that person pursuant to federal law to

15  the extent conduct with respect to such substance is pursuant to such

16  exemption; or

17  3. Any substance to the extent not intended for human consumption before

18  the exemption described in subparagraph 2. of this paragraph takes

19  effect with respect to that substance;

20 (10) "Counterfeit substance" means a controlled substance which, or the container or

21  labeling of which, without authorization, bears the trademark, trade name, or other

22  identifying mark, imprint, number, or device, or any likeness thereof, of a

23  manufacturer, distributor, or dispenser other than the person who in fact

24  manufactured, distributed, or dispensed the substance;

25 (11) "Dispense" means to deliver a controlled substance to an ultimate user or research

26  subject by or pursuant to the lawful order of a practitioner, including the packaging,

27  labeling, or compounding necessary to prepare the substance for that delivery;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1 (12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V

2   controlled substance to or for the use of an ultimate user;

3 (13) "Distribute" means to deliver other than by administering or dispensing a controlled

4   substance;

5 (14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of

6   administration available as a single unit;

7 (15) "Drug" means:

8   (a) Substances recognized as drugs in the official United States Pharmacopoeia,

9   official Homeopathic Pharmacopoeia of the United States, or official National

10  Formulary, or any supplement to any of them;

11  (b) Substances intended for use in the diagnosis, care, mitigation, treatment, or

12  prevention of disease in man or animals;

13  (c) Substances (other than food) intended to affect the structure or any function of

14  the body of man or animals; and

15  (d) Substances intended for use as a component of any article specified in this

16  subsection.

17  It does not include devices or their components, parts, or accessories;

18 (16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its

19  salts, isomers, or salts of isomers;

20 (17) "Fentanyl derivative" means a substance containing any quantity of any chemical

21  compound, except compounds specifically scheduled as controlled substances by

22  statute or by administrative regulation pursuant to this chapter, which is structurally

23  derived from 1-ethyl-4-(N-phenylamido) piperadine:

24  (a) By substitution:

25  1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or

26              ethyloxotetrazole ring system; and

27  2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl,

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    UNOFFICIAL COPY                                                   26 RS HB 388/GA

1           or furanyl group; and

2   (b) Which may be further modified in one (1) or more of the following ways:

3   1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy,

4           haloalkyl, hydroxyl, or halide substituents;

5   2. By substitution on the piperadine ring to any extent with alkyl, allyl,

6           alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6-

7           positions;

8   3. By substitution on the piperadine ring to any extent with a phenyl,

9           alkoxy, or carboxylate ester substituent at the 4- position; or

10  4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or

11          hydroxy substituents;

12 (18) "Good-faith prior examination," as used in KRS Chapter 218A and for criminal

13  prosecution only, means an in-person medical examination of the patient conducted

14  by the prescribing practitioner or other health-care professional routinely relied

15  upon in the ordinary course of his or her practice, at which time the patient is

16  physically examined and a medical history of the patient is obtained. "In-person"

17  includes telehealth examinations. This subsection shall not be applicable to hospice

18  providers licensed pursuant to KRS Chapter 216B;

19 (19) "Hazardous chemical substance" includes any chemical substance used or intended

20  for use in the illegal manufacture of a controlled substance as defined in this section

21  or the illegal manufacture of methamphetamine as defined in KRS 218A.1431,

22  which:

23  (a) Poses an explosion hazard;

24  (b) Poses a fire hazard; or

25  (c) Is poisonous or injurious if handled, swallowed, or inhaled;

26 (20) "Heroin" means a substance containing any quantity of heroin, or any of its salts,

27  isomers, or salts of isomers;

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    UNOFFICIAL COPY                                                26 RS HB 388/GA

1 (21) "Hydrocodone combination product" means a drug with:

2   (a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of

3   its salts, per one hundred (100) milliliters or not more than fifteen (15)

4   milligrams per dosage unit, with a fourfold or greater quantity of an

5   isoquinoline alkaloid of opium; or

6   (b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of

7   its salts, per one hundred (100) milliliters or not more than fifteen (15)

8   milligrams per dosage unit, with one (1) or more active, nonnarcotic

9   ingredients in recognized therapeutic amounts;

10 (22) "Immediate precursor" means a substance which is the principal compound

11  commonly used or produced primarily for use, and which is an immediate chemical

12  intermediary used or likely to be used in the manufacture of a controlled substance

13  or methamphetamine, the control of which is necessary to prevent, curtail, or limit

14  manufacture;

15 (23) "Industrial hemp" has the same meaning as in KRS 260.850;

16 (24) "Industrial hemp products" has the same meaning as in KRS 260.850;

17 (25) "Intent to manufacture" means any evidence which demonstrates a person's

18  conscious objective to manufacture a controlled substance or methamphetamine.

19  Such evidence includes but is not limited to statements and a chemical substance's

20  usage, quantity, manner of storage, or proximity to other chemical substances or

21  equipment used to manufacture a controlled substance or methamphetamine;

22 (26) "Isomer" means the optical isomer, except the Cabinet for Health and Family

23  Services may include the optical, positional, or geometric isomer to classify any

24  substance pursuant to KRS 218A.020;

25 (27) "Manufacture," except as provided in KRS 218A.1431, means the production,

26  preparation, propagation, compounding, conversion, or processing of a controlled

27  substance, either directly or indirectly by extraction from substances of natural

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    UNOFFICIAL COPY                                               26 RS HB 388/GA

1   origin or independently by means of chemical synthesis, or by a combination of

2   extraction and chemical synthesis, and includes any packaging or repackaging of

3   the substance or labeling or relabeling of its container except that this term does not

4   include activities:

5   (a) By a practitioner as an incident to his or her administering or dispensing of a

6   controlled substance in the course of his or her professional practice;

7   (b) By a practitioner, or by his or her authorized agent under his or her

8   supervision, for the purpose of, or as an incident to, research, teaching, or

9   chemical analysis and not for sale; or

10  (c) By a pharmacist as an incident to his or her dispensing of a controlled

11  substance in the course of his or her professional practice;

12 (28) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the

13  seeds thereof; the resin extracted from any part of the plant; and every compound,

14  manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin

15  or any compound, mixture, or preparation which contains any quantity of these

16  substances. The term "marijuana" does not include:

17  (a) Industrial hemp that is in the possession, custody, or control of a person who

18  holds a license issued by the Department of Agriculture permitting that person

19  to cultivate, handle, or process industrial hemp;

20  (b) Industrial hemp products that do not include any living plants, viable seeds,

21  leaf materials, or floral materials;

22  (c) The substance cannabidiol, when transferred, dispensed, or administered

23  pursuant to the written order of a physician practicing at a hospital or

24  associated clinic affiliated with a Kentucky public university having a college

25  or school of medicine;

26  (d) For persons participating in a clinical trial or in an expanded access program,

27  a drug or substance approved for the use of those participants by the United

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    UNOFFICIAL COPY                                                      26 RS HB 388/GA

1   States Food and Drug Administration;

2   (e) A cannabidiol product derived from industrial hemp, as defined in KRS

3   260.850;

4   (f) For the purpose of conducting scientific research, a cannabinoid product

5   derived from industrial hemp, as defined in KRS 260.850;

6   (g) A cannabinoid product approved as a prescription medication by the United

7   States Food and Drug Administration; or

8   (h) Medicinal cannabis as defined in KRS 218B.010;

9 (29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only,

10  means an accounting of a patient's medical background, including but not limited to

11  prior medical conditions, prescriptions, and family background;

12 (30) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only,

13  means a lawful order of a specifically identified practitioner for a specifically

14  identified patient for the patient's health-care needs. "Medical order" may or may

15  not include a prescription drug order;

16 (31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only,

17  means a record, other than for financial or billing purposes, relating to a patient,

18  kept by a practitioner as a result of the practitioner-patient relationship;

19 (32) "Methamphetamine" means any substance that contains any quantity of

20  methamphetamine, or any of its salts, isomers, or salts of isomers;

21 (33) "Narcotic drug" means any of the following, whether produced directly or indirectly

22  by extraction from substances of vegetable origin, or independently by means of

23  chemical synthesis, or by a combination of extraction and chemical synthesis:

24  (a) Opium and opiate, and any salt, compound, derivative, or preparation of

25  opium or opiate;

26  (b) Any salt, compound, isomer, derivative, or preparation thereof which is

27  chemically equivalent or identical with any of the substances referred to in

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    UNOFFICIAL COPY                                                    26 RS HB 388/GA

1   paragraph (a) of this subsection, but not including the isoquinoline alkaloids

2   of opium;

3   (c) Opium poppy and poppy straw;

4   (d) Coca leaves, except coca leaves and extracts of coca leaves from which

5   cocaine, ecgonine, and derivatives of ecgonine or their salts have been

6   removed;

7   (e) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

8   (f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and

9   (g) Any compound, mixture, or preparation which contains any quantity of any of

10  the substances referred to in paragraphs (a) to (f) of this subsection;

11 (34) "Opiate" means any substance having an addiction-forming or addiction-sustaining

12  liability similar to morphine or being capable of conversion into a drug having

13  addiction-forming or addiction-sustaining liability. It does not include, unless

14  specifically designated as controlled under KRS 218A.020, the dextrorotatory

15  isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does

16  include its racemic and levorotatory forms;

17 (35) "Opium poppy" means the plant of the species papaver somniferum L., except its

18  seeds;

19 (36) "Person" means individual, corporation, government or governmental subdivision

20  or agency, business trust, estate, trust, partnership or association, or any other legal

21  entity;

22 (37) "Physical injury" has the same meaning it has in KRS 500.080;

23 (38) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;

24 (39) "Pharmacist" means a natural person licensed by this state to engage in the practice

25  of the profession of pharmacy;

26 (40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific

27  investigator, optometrist as authorized in KRS 320.240, advanced practice

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    UNOFFICIAL COPY                                                 26 RS HB 388/GA

1   registered nurse as authorized under KRS 314.011, physician assistant as authorized

2   under KRS 311.858, or other person licensed, registered, or otherwise permitted by

3   state or federal law to acquire, distribute, dispense, conduct research with respect to,

4   or to administer a controlled substance in the course of professional practice or

5   research in this state. "Practitioner" also includes a physician, dentist, podiatrist,

6   veterinarian, optometrist, physician assistant, or advanced practice registered nurse

7   [authorized under KRS 314.011 ]who is a resident of and actively practicing in a

8   state other than Kentucky and who is licensed and has prescriptive authority for

9   controlled substances under the professional licensing laws of another state, unless

10  the person's Kentucky license has been revoked, suspended, restricted, or probated,

11  in which case the terms of the Kentucky license shall prevail;

12 (41) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal

13  prosecution only, means a medical relationship that exists between a patient and a

14  practitioner or the practitioner's designee, after the practitioner or his or her

15  designee has conducted at least one (1) good-faith prior examination;

16 (42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or

17  combination or mixture of drugs or medicines, or proprietary preparation, signed or

18  given or authorized by a medical, dental, chiropody, veterinarian, optometric

19  practitioner, or advanced practice registered nurse, and intended for use in the

20  diagnosis, cure, mitigation, treatment, or prevention of disease in man or other

21  animals;

22 (43) "Prescription blank," with reference to a controlled substance, means a document

23  that meets the requirements of KRS 218A.204 and 217.216;

24 (44) "Presumptive probation" means a sentence of probation not to exceed the maximum

25  term specified for the offense, subject to conditions otherwise authorized by law,

26  that is presumed to be the appropriate sentence for certain offenses designated in

27  this chapter, notwithstanding contrary provisions of KRS Chapter 533. That

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   presumption shall only be overcome by a finding on the record by the sentencing

2   court of substantial and compelling reasons why the defendant cannot be safely and

3   effectively supervised in the community, is not amenable to community-based

4   treatment, or poses a significant risk to public safety;

5 (45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

6   of a controlled substance;

7 (46) "Recovery program" means an evidence-based, nonclinical service that assists

8   individuals and families working toward sustained recovery from substance use and

9   other criminal risk factors. This can be done through an array of support programs

10  and services that are delivered through residential and nonresidential means;

11 (47) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant

12  presently classified botanically as Salvia divinorum, whether growing or not, the

13  seeds thereof, any extract from any part of that plant, and every compound,

14  manufacture, derivative, mixture, or preparation of that plant, its seeds, or its

15  extracts, including salts, isomers, and salts of isomers whenever the existence of

16  such salts, isomers, and salts of isomers is possible within the specific chemical

17  designation of that plant, its seeds, or extracts. The term shall not include any other

18  species in the genus salvia;

19 (48) "Second or subsequent offense" means that for the purposes of this chapter an

20  offense is considered as a second or subsequent offense, if, prior to his or her

21  conviction of the offense, the offender has at any time been convicted under this

22  chapter, or under any statute of the United States, or of any state relating to

23  substances classified as controlled substances or counterfeit substances, except that

24  a prior conviction for a nontrafficking offense shall be treated as a prior offense

25  only when the subsequent offense is a nontrafficking offense. For the purposes of

26  this section, a conviction voided under KRS 218A.275 or 218A.276 shall not

27  constitute a conviction under this chapter;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1 (49) "Sell" means to dispose of a controlled substance to another person for

2   consideration or in furtherance of commercial distribution;

3 (50) "Serious physical injury" has the same meaning it has in KRS 500.080;

4 (51) "Synthetic cannabinoids or piperazines" means any chemical compound which is

5   not approved by the United States Food and Drug Administration or, if approved,

6   which is not dispensed or possessed in accordance with state and federal law, that

7   contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-

8   Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-

9   naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any

10  compound in the following structural classes:

11  (a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole

12  structure with substitution at the nitrogen atom of the indole ring by an alkyl,

13  haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

14  piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further

15  substituted in the indole ring to any extent and whether or not substituted in

16  the naphthyl ring to any extent. Examples of this structural class include but

17  are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-

18  122, JWH-200, and AM-2201;

19  (b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole

20  structure with substitution at the nitrogen atom of the indole ring by an alkyl,

21  haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

22  piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

23  substituted in the indole ring to any extent and whether or not substituted in

24  the phenyl ring to any extent. Examples of this structural class include but are

25  not limited to JWH-167, JWH-250, JWH-251, and RCS-8;

26  (c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with

27  substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

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    UNOFFICIAL COPY                                                                26 RS HB 388/GA

1   alkenyl,         cycloalkylmethyl,                           cycloalkylethyl,  1-(N-methyl-2-

2   piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

3   substituted in the indole ring to any extent and whether or not substituted in

4   the phenyl ring to any extent. Examples of this structural class include but are

5   not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and

6   RCS-4;

7   (d) Cyclohexylphenols: Any compound containing a 2-(3-

8   hydroxycyclohexyl)phenol structure with substitution at the 5-position of the

9   phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

10  cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

11  group whether or not substituted in the cyclohexyl ring to any extent.

12  Examples of this structural class include but are not limited to CP 47,497 and

13  its C8 homologue (cannabicyclohexanol);

14  (e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-

15  naphthyl)methane structure with substitution at the nitrogen atom of the

16  indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

17  1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether

18  or not further substituted in the indole ring to any extent and whether or not

19  substituted in the naphthyl ring to any extent. Examples of this structural class

20  include but are not limited to JWH-175, JWH-184, and JWH-185;

21  (f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole

22  structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,

23  haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

24  piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

25  substituted in the pyrrole ring to any extent and whether or not substituted in

26  the naphthyl ring to any extent. Examples of this structural class include but

27  are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   (g) Naphthylmethylindenes: Any compound containing a 1-(1-

2   naphthylmethyl)indene structure with substitution at the 3-position of the

3   indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

4   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether

5   or not further substituted in the indene ring to any extent and whether or not

6   substituted in the naphthyl ring to any extent. Examples of this structural class

7   include but are not limited to JWH-176;

8   (h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-

9   tetramethylcyclopropoyl)indole structure with substitution at the nitrogen

10  atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl,

11  cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

12  group, whether or not further substituted in the indole ring to any extent and

13  whether or not further substituted in the tetramethylcyclopropyl ring to any

14  extent. Examples of this structural class include but are not limited to UR-144

15  and XLR-11;

16  (i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole

17  structure with substitution at the nitrogen atom of the indole ring by an alkyl,

18  haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

19  piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further

20  substituted in the indole ring to any extent and whether or not substituted in

21  the adamantyl ring system to any extent. Examples of this structural class

22  include but are not limited to AB-001 and AM-1248; or

23  (j) Any other synthetic cannabinoid or piperazine which is not approved by the

24  United States Food and Drug Administration or, if approved, which is not

25  dispensed or possessed in accordance with state and federal law;

26 (52) "Synthetic cathinones" means any chemical compound which is not approved by

27  the United States Food and Drug Administration or, if approved, which is not

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    UNOFFICIAL COPY                                               26 RS HB 388/GA

1   dispensed or possessed in accordance with state and federal law (not including

2   bupropion or compounds listed under a different schedule) structurally derived from

3   2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl,

4   or thiophene ring systems, whether or not the compound is further modified in one

5   (1) or more of the following ways:

6   (a) By substitution in the ring system to any extent with alkyl, alkylenedioxy,

7   alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further

8   substituted in the ring system by one (1) or more other univalent substituents.

9   Examples of this class include but are not limited to 3,4-

10  Methylenedioxycathinone (bk-MDA);

11  (b) By substitution at the 3-position with an acyclic alkyl substituent. Examples

12  of this class include but are not limited to 2-methylamino-1-phenylbutan-1-

13  one (buphedrone);

14  (c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

15  methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a

16  cyclic structure. Examples of this class include but are not limited to

17  Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP);

18  or

19  (d) Any other synthetic cathinone which is not approved by the United States

20  Food and Drug Administration or, if approved, is not dispensed or possessed

21  in accordance with state or federal law;

22 (53) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic

23  cathinones;

24 (54) "Telehealth" has the same meaning it has in KRS 211.332;

25 (55) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained

26  in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic

27  substances, derivatives, and their isomers with similar chemical structure and

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    UNOFFICIAL COPY                                                       26 RS HB 388/GA

1   pharmacological activity such as the following:

2   (a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;

3   (b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and

4   (c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;

5 (56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute,

6   dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense,

7   or sell a controlled substance;

8 (57) "Transfer" means to dispose of a controlled substance to another person without

9   consideration and not in furtherance of commercial distribution; and

10 (58) "Ultimate user" means a person who lawfully possesses a controlled substance for

11  his or her own use or for the use of a member of his or her household or for

12  administering to an animal owned by him or her or by a member of his or her

13  household.

14  Section 3. KRS 218A.172 is amended to read as follows:

15 (1) Administrative regulations promulgated under KRS 218A.205(3) shall require that,

16  prior to the initial prescribing or dispensing of any Schedule II controlled substance

17  [or a Schedule III controlled substance containing hydrocodone ]to a human patient,

18  a practitioner shall:

19  (a) Obtain a medical history and conduct a physical or mental health examination

20  of the patient, as appropriate to the patient's medical complaint, and document

21  the information in the patient's medical record;

22  (b) Query the electronic monitoring system established in KRS 218A.202 for all

23  available data on the patient for the twelve (12) month period immediately

24  preceding the patient encounter and appropriately utilize that data in the

25  evaluation and treatment of the patient;

26  (c) Make a written plan stating the objectives of the treatment and further

27  diagnostic examinations required;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   (d) Discuss the risks and benefits of the use of controlled substances with the

2   patient, the patient's parent if the patient is an unemancipated minor child, or

3   the patient's legal guardian or health care surrogate, including the risk of

4   tolerance and drug dependence; and

5   (e) Obtain written consent for the treatment.

6 (2) (a) Administrative regulations promulgated under KRS 218A.205(3) shall require

7   that a practitioner prescribing or dispensing additional amounts of Schedule II

8   controlled substances [or Schedule III controlled substances containing

9   hydrocodone ]for the same medical complaint and related symptoms shall:

10  1. Review, at reasonable intervals based on the patient's individual

11  circumstances and course of treatment, the plan of care;

12  2. Provide to the patient any new information about the treatment; and

13  3. Modify or terminate the treatment as appropriate.

14  (b) If the course of treatment extends beyond three (3) months, the administrative

15  regulations shall also require that the practitioner:

16  1. Query the electronic monitoring system established in KRS 218A.202

17  no less than once every three (3) months for all available data on the

18  patient for the twelve (12) month period immediately preceding the

19  query; and

20  2. Review that data before issuing any new prescription or refills for the

21  patient for any Schedule II controlled substance[ or a Schedule III

22  controlled substance containing hydrocodone].

23 (3) Administrative regulations promulgated under KRS 218A.205(3) shall require

24  that[,] for each patient for whom a practitioner prescribes any Schedule II

25  controlled substance [or a Schedule III controlled substance containing

26  hydrocodone, ]the practitioner shall keep accurate, readily accessible, and complete

27  medical records which include, as appropriate:

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    UNOFFICIAL COPY                                                   26 RS HB 388/GA

1   (a) Medical history and physical or mental health examination;

2   (b) Diagnostic, therapeutic, and laboratory results;

3   (c) Evaluations and consultations;

4   (d) Treatment objectives;

5   (e) Discussion of risk, benefits, and limitations of treatments;

6   (f) Treatments;

7   (g) Medications, including date, type, dosage, and quantity prescribed or

8   dispensed;

9   (h) Instructions and agreements; and

10  (i) Periodic reviews of the patient's file.

11 (4) Administrative regulations promulgated under KRS 218A.205(3) may exempt, in

12  whole or in part, compliance with the mandatory diagnostic, treatment, review, and

13  other protocols and standards established in this section for:

14  (a) A licensee prescribing or administering a controlled substance immediately

15  prior to, during, or within the fourteen (14) days following an operative or

16  invasive procedure or a delivery if the prescribing or administering is

17  medically related to the operative or invasive procedure or the delivery and

18  the medication usage does not extend beyond the fourteen (14) days;

19  (b) A licensee prescribing or administering a controlled substance necessary to

20  treat a patient in an emergency situation;

21  (c) A licensed pharmacist or other person licensed by the Kentucky Board of

22  Pharmacy to dispense drugs or a licensed pharmacy;

23  (d) A licensee prescribing or dispensing a controlled substance:

24  1. For administration in a hospital or long-term-care facility if the hospital

25  or long-term-care facility with an institutional account, or a practitioner

26  in those hospitals or facilities where no institutional account exists,

27  queries the electronic monitoring system established in KRS 218A.202

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    UNOFFICIAL COPY                                                26 RS HB 388/GA

1   for all available data on the patient or resident for the twelve (12) month

2   period immediately preceding the query within twelve (12) hours of the

3   patient's or resident's admission and places a copy of the query in the

4   patient's or resident's medical records during the duration of the patient's

5   stay at the facility;

6   2. As part of the patient's hospice or end-of-life treatment;

7   3. For the treatment of pain associated with cancer or with the treatment of

8   cancer;

9   4. In a single dose to relieve the anxiety, pain, or discomfort experienced

10  by a patient submitting to a diagnostic test or procedure;

11  5. Within seven (7) days of an initial prescribing or dispensing under

12  subsection (1) of this section if the prescribing or dispensing:

13  a. Is done as a substitute for the initial prescribing or dispensing;

14  b. Cancels any refills for the initial prescription; and

15  c. Requires the patient to dispose of any remaining unconsumed

16                   medication;

17  6. Within ninety (90) days of an initial prescribing or dispensing under

18  subsection (1) of this section if the prescribing or dispensing is done by

19  another practitioner in the same practice or in an existing coverage

20  arrangement, if done for the same patient for the same medical

21  condition; or

22  7. To a research subject enrolled in a research protocol approved by an

23  institutional review board that has an active federalwide assurance

24  number from the United States Department of Health and Human

25  Services, Office for Human Research Protections, where the research

26  involves single, double, or triple blind drug administration or is

27  additionally covered by a certificate of confidentiality from the National

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    UNOFFICIAL COPY                                               26 RS HB 388/GA

1   Institutes of Health;

2   (e) The prescribing of a Schedule III, IV, or V controlled substance by a licensed

3   optometrist to a patient in accordance with the provisions of KRS 320.240; or

4   (f) The prescribing of a three (3) day supply of a Schedule III controlled

5   substance following the performance of oral surgery by a dentist licensed

6   pursuant to KRS Chapter 313.

7 (5) (a) A state licensing board promulgating administrative regulations under KRS

8   218A.205(3) may promulgate an administrative regulation in accordance

9   with KRS Chapter 13A authorizing exemptions supplemental or in addition to

10  those specified in subsection (4) of this section. Prior to exercising this

11  authority, the board shall:

12  1. Notify the Kentucky Office of Drug Control Policy that it is considering

13  a proposal to promulgate an administrative regulation authorizing

14  exemptions supplemental or in addition to those specified in subsection

15  (4) of this section and invite the office to participate in the board

16  meeting at which the proposal will be considered;

17  2. Make a factual finding based on expert testimony as well as evidence or

18  research submitted to the board that the exemption demonstrates a low

19  risk of diversion or abuse and is supported by the dictates of good

20  medical practice; and

21  3. Submit a report to the Governor and the Legislative Research

22  Commission of its actions, including a detailed explanation of the

23  factual and policy basis underlying the board's action. A copy of this

24  report shall be provided to the regulations compiler.

25  (b) Within one (1) working day of promulgating an administrative regulation

26  authorizing an exemption under this section, the promulgating board shall

27  email[e-mail] to the Kentucky Office of Drug Control Policy:

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   1. A copy of the administrative regulation as filed, and all attachments

2   required by KRS 13A.230(1); and

3   2. A request from the board that the office review the administrative

4   regulation in the same manner as would the Commission on Small

5   Business Innovation and Advocacy under KRS 11.202(1)(e), and submit

6   its report or comments in accordance with the deadline established in

7   KRS 13A.270(1)(c). A copy of the report or comments shall be filed

8   with the regulations compiler.

9   Section 4. KRS 218A.182 is amended to read as follows:

10 (1) Notwithstanding KRS 218A.180 or any other state law to the contrary, beginning

11  January 1, 2021, no practitioner shall issue any prescription for a controlled

12  substance unless the prescription is made by electronic prescription from the

13  practitioner issuing the prescription to a pharmacy, except for prescriptions issued:

14  (a) By veterinarians;

15  (b) In circumstances where electronic prescribing is not available due to

16  temporary technological or electrical failure;

17  (c) By a practitioner to be dispensed by a pharmacy located outside the state;

18  (d) When the prescriber and dispenser are the same entity;

19  (e) That include elements that are not supported by the most recently

20  implemented version of the National Council for Prescription Drug Programs

21  Prescriber/Pharmacist Interface SCRIPT Standard;

22  (f) By a practitioner for a drug that contains certain elements that cannot be

23  incorporated as required by the United States Food and Drug Administration

24  with electronic prescribing, including extemporaneous compounding;

25  (g) By a practitioner allowing for the dispensing of a nonpatient specific

26  prescription under a standing order, approved protocol for drug therapy, or

27  collaborative drug management or comprehensive medication management, in

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    UNOFFICIAL COPY                                                      26 RS HB 388/GA

1   response to a public health emergency;

2   (h) By a practitioner prescribing a drug under a research protocol;

3   (i) By practitioners who have received a waiver or a renewal thereof, from the

4   requirement to use electronic prescribing due to economic hardship,

5   technological limitations that are not reasonably within the control of the

6   practitioner, or other exceptional circumstance demonstrated by the

7   practitioner. The initial waiver and each subsequent waiver renewal shall not

8   exceed one (1) year per waiver or waiver renewal;

9   (j) By a practitioner under circumstances where, notwithstanding the

10  practitioner's present ability to make an electronic prescription as required by

11  this subsection, the practitioner reasonably determines that it would be

12  impractical for the patient to obtain substances prescribed by electronic

13  prescription in a timely manner, and delay would adversely impact the

14  patient's medical condition;

15  (k) By a practitioner for an individual who receives hospice care;[ or]

16  (l) By a practitioner for an individual who is a resident of a nursing facility; or

17  (m) By a practitioner who is issuing a prescription as part of providing

18  charitable health care services pursuant to the Kentucky Charitable Health

19  Care Services Act, KRS 216.940 to 216.945.

20 (2) A pharmacist who receives a written, oral, or faxed prescription for a controlled

21  substance shall not be required to verify that the prescription properly falls under

22  one (1) of the exceptions from the requirement to electronically prescribe.

23  Pharmacists may continue to dispense medications from otherwise valid written,

24  oral, or fax prescriptions that are consistent with current laws and administrative

25  regulations.

26 (3) The cabinet shall promulgate administrative regulations to implement this section

27  including enforcement mechanisms, waivers of requirements, and appropriate

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    UNOFFICIAL COPY                                                  26 RS HB 388/GA

1   penalties for violations.

2   Section 5. KRS 218A.202 is amended to read as follows:

3 (1) As used in this section:

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

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

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

7   substance and does not include medicinal cannabis;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23  applicable state or federal law.

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

25  or V controlled substances:

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

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

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    UNOFFICIAL COPY                                                26 RS HB 388/GA

1   provided for in this section and shall maintain an active account with the

2   electronic monitoring system[such registration] continuously during the

3   practitioner's or pharmacist's term of licensure and shall not have to pay a fee

4   or tax specifically dedicated to the operation of the system;

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

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

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

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

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

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

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

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

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

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

15  jail, correctional facility, or juvenile detention facility;

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

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

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

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

20  of a hospital; or

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

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

23  active federalwide assurance number from the United States Department

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

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

26  administration or is additionally covered by a certificate of

27  confidentiality from the National Institutes of Health;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

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

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

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

5   overdose;

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

7   limited to the following:

8   1. Patient identifier;

9   2. National drug code of the drug dispensed;

10  3. Date of dispensing;

11  4. Quantity dispensed;

12  5. Prescriber; and

13  6. Dispenser;

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

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

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

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

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

19  dispenser exceeds these error tolerance rates;

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

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

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

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

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

25  authorized to provide data to:

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

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

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    UNOFFICIAL COPY                                                    26 RS HB 388/GA

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

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

3   involving a designated person;

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

5   have successfully completed training for the electronic system and who

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

7   Commonwealth's attorneys and assistant Commonwealth's attorneys,

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

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

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

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

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

13  a designated person;

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

15  this subsection;

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

17  for the records;

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

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

20  practitioner or pharmacist, who certifies that the requested information

21  is for the purpose of:

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

23                   current or prospective patient;

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

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

26                   the practitioner for neonatal abstinence syndrome, or has

27                   symptoms that suggest prenatal drug exposure; or

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   c. Reviewing and assessing the individual prescribing or dispensing

2                    patterns of the practitioner or pharmacist or to determine the

3                    accuracy and completeness of information contained in the

4                    monitoring system;

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

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

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

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

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

10  requested information is for the purpose of providing medical or

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

12  resident in the hospital or facility;

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

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

15  who is:

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

17                   physician who is already under investigation by the Board of

18                   Medical Licensure for improper prescribing or dispensing

19                   practices;

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

21                   a substantial likelihood that inappropriate prescribing or

22                   dispensing may be occurring; or

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

24                   physician in that area indicates a substantial likelihood that

25                   inappropriate prescribing or dispensing may be occurring in that

26                   area;

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

2   registered nurse who is:

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

4                    physician who is already under investigation by the Kentucky

5                    Board of Medical Licensure for improper prescribing or

6                    dispensing practices;

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

8                    advanced practice registered nurse who is already under

9                    investigation by the Board of Nursing for improper prescribing

10                   practices;

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

12                   a substantial likelihood that inappropriate prescribing or

13                   dispensing may be occurring; or

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

15                   or another advanced practice registered nurse in that area indicates

16                   a substantial likelihood that inappropriate prescribing or

17                   dispensing may be occurring in that area;

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

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

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

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

22  drug diversion or probation program; or

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

24  72.026;

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

2   physician; or

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

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

5   recipient;

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

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

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

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

10  under this section, except that:

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

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

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

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

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

16  investigation involving a designated person. Both the person providing

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

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

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

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

21  by each agency engaged in the investigation;

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

23  data or reports regarding overutilization by Medicaid recipients with a

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

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

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

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

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

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

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

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

8   data; and

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

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

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

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

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

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

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

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

17  section;

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

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

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

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

22  being treated;

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

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

25  misdemeanor for each subsequent offense; and

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

2   treat the notification as a complaint against the license.

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

4   recommending, and dispensing of medicinal cannabis:

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

6   218B.050 to provide written certifications for the use of medicinal cannabis

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

8   218B.090 shall register with the cabinet to use the system provided for in this

9   section and shall maintain such registration continuously during the medicinal

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

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

12  specifically dedicated to the operation of the system;

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

14  for in this section allows:

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

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

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

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

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

20  disclose whether the identification card is valid and whether the

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

22  designated caregiver;

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

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

25  218B.110;

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

27  cannabis sales data recorded by dispensary agents pursuant to KRS

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   218B.110;

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

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

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

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

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

7   of sale to cardholders; and

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

9   cultivation to the point of sale to a cardholder;

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

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

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

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

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

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

16  be authorized to provide data to:

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

18  (b) of this subsection;

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

20  licensure, regulation, or discipline of medicinal cannabis practitioners

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

22  designated person;

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

24  have successfully completed training for the electronic system and who

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   investigation involving a designated person;

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

3   for the records;

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

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

6   medicinal cannabis practitioner, who certifies that the request for

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

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

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

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

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

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

13  requested information is for the purpose of providing medical or

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

15  resident in the hospital or facility;

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

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

18  who is:

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

20                   agreement established pursuant to KRS 311.854 with a physician

21                   who is already under investigation by the Board of Medical

22                   Licensure for improper issuance of written certifications;

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

24                   advanced practice registered nurse who is already under

25                   investigation by the Board of Nursing for improper issuance of

26                   written certifications;

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

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    UNOFFICIAL COPY                                                 26 RS HB 388/GA

1                    a substantial likelihood that inappropriate issuance of written

2                    certifications may be occurring; or

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

4                    physician in that area indicates a substantial likelihood that

5                    inappropriate issuance of written certifications may be occurring in

6                    that area;

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

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

9   registered nurse who is:

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

11                   physician who is already under investigation by the Kentucky

12                   Board of Medical Licensure for improper issuance of written

13                   certifications;

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

15                   advanced practice registered nurse who is already under

16                   investigation by the Board of Nursing for improper issuance of

17                   written certifications;

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

19                   a substantial likelihood that inappropriate issuance of written

20                   certifications may be occurring; or

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

22                   advanced practice registered nurse in that area indicates a

23                   substantial likelihood that inappropriate issuance of written

24                   certifications may be occurring in that area;

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

2   drug diversion or probation program;

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

4   72.026; or

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

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

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

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

9   cannabis to the Legislative Research Commission, the University of

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

11  necessary to comply with the reporting requirements established in KRS

12  218B.020(8); and

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

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

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

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

17  section, except that:

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

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

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

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

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

23  investigation involving a designated person. Both the person providing

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

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

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

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

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    UNOFFICIAL COPY                                                  26 RS HB 388/GA

1   by each agency engaged in the investigation;

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

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

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

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

6   admit the data as evidence in an administrative hearing conducted

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

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

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

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

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

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

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

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

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

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

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

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

19  section.

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

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

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

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

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

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

2   offense.

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

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

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

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

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

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

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

10  dispense controlled substances for the development of a continuing education

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

12  established in this section.

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

14  regulation, or discipline of medicinal cannabis practitioners for the

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

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

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

18  development of a continuing education program for attorneys about the

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

20  section.

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

22  development of a continuing education program for law enforcement officers

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

24  established in this section.

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

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

27  established in this section.

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    UNOFFICIAL COPY                                               26 RS HB 388/GA

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

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

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

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

5   independently investigate and submit findings and recommendations to the

6   appropriate boards of licensure or other reporting agencies.

7 (10) The cabinet shall promulgate administrative regulations in accordance with KRS

8   Chapter 13A to implement the provisions of this section. Included in these

9   administrative regulations shall be:

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

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

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

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

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

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

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

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

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

19  cabinet for inclusion in the electronic monitoring system established under

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

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

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

23  patient name indicates any prior drug conviction.

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

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

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

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

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

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

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

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

4   felony conviction.

5   Section 6. KRS 218A.205 is amended to read as follows:

6 (1) As used in this section:

7   (a) "Reporting agency" includes:

8   1. The Department of Kentucky State Police;

9   2. The Office of the Attorney General;

10  3. The Cabinet for Health and Family Services; and

11  4. The applicable state licensing board; and

12  (b) "State licensing board" means:

13  1. The Kentucky Board of Medical Licensure;

14  2. The Kentucky Board of Nursing;

15  3. The Kentucky Board of Dentistry;

16  4. The Kentucky Board of Optometric Examiners;

17  5. The State Board of Podiatry; and

18  6. Any other board that licenses or regulates a person who is entitled to

19  prescribe or dispense controlled substances to humans.

20 (2) (a) When a reporting agency or a law enforcement agency receives a report of

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

22  substance it may, to the extent otherwise allowed by law, send a copy of the

23  report within three (3) business days to every other reporting agency.

24  (b) A county attorney or Commonwealth's attorney shall notify the Office of the

25  Attorney General and the appropriate state licensing board within three (3)

26  business days of an indictment or a waiver of indictment becoming public in

27  his or her jurisdiction charging a licensed person with a felony offense

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    UNOFFICIAL COPY                                                       26 RS HB 388/GA

1   relating to the manufacture of, trafficking in, prescribing, dispensing, or

2   possession of a controlled substance.

3 (3) Each state licensing board shall, in consultation with the Kentucky Office of Drug

4   Control Policy, establish the following by administrative regulation for those

5   licensees authorized to prescribe or dispense controlled substances:

6   (a) Mandatory prescribing and dispensing standards related to controlled

7   substances, the requirements of which shall include the diagnostic, treatment,

8   review, and other protocols and standards established for Schedule II

9   controlled substances [and Schedule III controlled substances containing

10  hydrocodone ]under KRS 218A.172 and which may include the exemptions

11  authorized by KRS 218A.172(4);

12  (b) In accord with the CDC Guideline for Prescribing Opioids for Chronic Pain

13  published in 2016, a prohibition on a practitioner issuing a prescription for a

14  Schedule II controlled substance for more than a three (3) day supply of a

15  Schedule II controlled substance if the prescription is intended to treat pain as

16  an acute medical condition, with the following exceptions:

17  1. The practitioner, in his or her professional judgment, believes that more

18  than a three (3) day supply of a Schedule II controlled substance is

19  medically necessary to treat the patient's pain as an acute medical

20  condition and the practitioner adequately documents the acute medical

21  condition and lack of alternative treatment options which justifies

22  deviation from the three (3) day supply limit established in this

23  subsection in the patient's medical records;

24  2. The prescription for a Schedule II controlled substance is prescribed to

25  treat chronic pain;

26  3. The prescription for a Schedule II controlled substance is prescribed to

27  treat pain associated with a valid cancer diagnosis;

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   4. The prescription for a Schedule II controlled substance is prescribed to

2   treat pain while the patient is receiving hospice or end-of-life treatment

3   or is receiving care from a certified community based palliative care

4   program;

5   5. The prescription for a Schedule II controlled substance is prescribed as

6   part of a narcotic treatment program licensed by the Cabinet for Health

7   and Family Services;

8   6. The prescription for a Schedule II controlled substance is prescribed to

9   treat pain following a major surgery or the treatment of significant

10  trauma, as defined by the state licensing board in consultation with the

11  Kentucky Office of Drug Control Policy;

12  7. The Schedule II controlled substance is dispensed or administered

13  directly to an ultimate user in an inpatient setting; or

14  8. Any additional treatment scenario deemed medically necessary by the

15  state licensing board in consultation with the Kentucky Office of Drug

16  Control Policy.

17  Nothing in this paragraph shall authorize a state licensing board to promulgate

18  regulations which expand any practitioner's prescriptive authority beyond that

19  which existed prior to June 29, 2017;

20  (c) A prohibition on a practitioner dispensing greater than a forty-eight (48) hour

21  supply of any Schedule II controlled substance [or a Schedule III controlled

22  substance containing hydrocodone ]unless the dispensing is done as part of a

23  narcotic treatment program licensed by the Cabinet for Health and Family

24  Services;

25  (d) A procedure for temporarily suspending, limiting, or restricting a license held

26  by a named licensee where a substantial likelihood exists to believe that the

27  continued unrestricted practice by the named licensee would constitute a

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   danger to the health, welfare, or safety of the licensee's patients or of the

2   general public;

3   (e) A procedure for the expedited review of complaints filed against their

4   licensees pertaining to the improper, inappropriate, or illegal prescribing or

5   dispensing of controlled substances that is designed to commence an

6   investigation within seven (7) days of a complaint being filed and produce a

7   charging decision by the board on the complaint within one hundred twenty

8   (120) days of the receipt of the complaint, unless an extension for a definite

9   period of time is requested by a law enforcement agency due to an ongoing

10  criminal investigation;

11  (f) The establishment and enforcement of licensure standards that conform to the

12  following:

13  1. A permanent ban on licensees and applicants convicted after July 20,

14  2012, in this state or any other state of any felony offense relating to

15  controlled substances from prescribing or dispensing a controlled

16  substance;

17  2. Restrictions short of a permanent ban on licensees and applicants

18  convicted in this state or any other state of any misdemeanor offense

19  relating to prescribing or dispensing a controlled substance;

20  3. Restrictions mirroring in time and scope any disciplinary limitation

21  placed on a licensee or applicant by a licensing board of another state if

22  the disciplinary action results from improper, inappropriate, or illegal

23  prescribing or dispensing of controlled substances; and

24  4. A requirement that licensees and applicants report to the board any

25  conviction or disciplinary action covered by this subsection with

26  appropriate sanctions for any failure to make this required report;

27  (g) A procedure for the continuous submission of all disciplinary and other

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   reportable information to the National Practitioner Data Bank of the United

2   States Department of Health and Human Services;

3   (h) If not otherwise required by other law, a process for submitting a query on

4   each applicant for licensure to the National Practitioner Data Bank of the

5   United States Department of Health and Human Services to retrieve any

6   relevant data on the applicant; and

7   (i) Continuing education requirements beginning with the first full educational

8   year occurring after July 1, 2012, that specify that at least seven and one-half

9   percent (7.5%) of the continuing education required of the licensed

10  practitioner relate to the use of the electronic monitoring system established in

11  KRS 218A.202, pain management, or addiction disorders.

12 (4) For the purposes of pharmacy dispensing, the medical necessity for a Schedule II

13  controlled substance as documented by the practitioner in the patient's medical

14  record and the prescription for more than a three (3) day supply of that controlled

15  substance are presumed to be valid.

16 (5) A state licensing board shall employ or obtain the services of a specialist in the

17  treatment of pain and a specialist in drug addiction to evaluate information received

18  regarding a licensee's prescribing or dispensing practices related to controlled

19  substances if the board or its staff does not possess such expertise, to ascertain if the

20  licensee under investigation is engaging in improper, inappropriate, or illegal

21  practices.

22 (6) Any statute to the contrary notwithstanding, no state licensing board shall require

23  that a grievance or complaint against a licensee relating to controlled substances be

24  sworn to or notarized, but the grievance or complaint shall identify the name and

25  address of the grievant or complainant, unless the board by administrative

26  regulation authorizes the filing of anonymous complaints. Any such authorizing

27  administrative regulation shall require that an anonymous complaint or grievance be

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    UNOFFICIAL COPY                                                 26 RS HB 388/GA

1   accompanied by sufficient corroborating evidence as would allow the board to

2   believe, based upon a totality of the circumstances, that a reasonable probability

3   exists that the complaint or grievance is meritorious.

4 (7) Every state licensing board shall cooperate to the maximum extent permitted by law

5   with all state, local, and federal law enforcement agencies, and all professional

6   licensing boards and agencies, state and federal, in the United States or its

7   territories in the coordination of actions to deter the improper, inappropriate, or

8   illegal prescribing or dispensing of a controlled substance.

9 (8) Each state licensing board shall require a fingerprint-supported criminal record

10  check by the Department of Kentucky State Police and the Federal Bureau of

11  Investigation of any applicant for initial licensure to practice any profession

12  authorized to prescribe or dispense controlled substances.

13  Section 7. KRS 218A.245 is amended to read as follows:

14 (1) The secretary of the Cabinet for Health and Family Services may enter into

15  reciprocal agreements or a contract, either directly with any federal agency of the

16  United States or its territories, any other state or states of the United States or any

17  jurisdiction, county, or political subdivision thereof, or with an organization

18  administering the exchange of interstate data on behalf of the prescription

19  monitoring program of one (1) or more states or jurisdictions, to share prescription

20  drug monitoring information if the other prescription drug monitoring program or

21  data exchange program is compatible with the program in Kentucky. If the

22  secretary elects to evaluate the prescription drug monitoring program of another

23  state, jurisdiction, or organization as authorized by this section, priority shall be

24  given to a state or jurisdiction that is contiguous with the borders of the

25  Commonwealth or an organization that offers connectivity with a contiguous state

26  or jurisdiction.

27 (2) In determining compatibility, the secretary shall consider:

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    UNOFFICIAL COPY                                              26 RS HB 388/GA

1   (a) The essential purposes of the program and the success of the program in

2   fulfilling those purposes;

3   (b) The safeguards for privacy of patient records and its success in protecting

4   patient privacy;

5   (c) The persons authorized to view the data collected by the program;

6   (d) The schedules of controlled substances monitored;

7   (e) The data required to be submitted on each prescription or dispensing;

8   (f) Any implementation criteria deemed essential for a thorough comparison; and

9   (g) The costs and benefits to the Commonwealth in mutually sharing particular

10  information available in the Commonwealth's database with the program

11  under consideration.

12 (3) The secretary shall review any agreement on an annual basis to determine its

13  continued compatibility with the Kentucky prescription drug monitoring program.

14 (4) Any agreement between the cabinet and another state, jurisdiction, or organization

15  shall prohibit the sharing of information about a Kentucky resident, practitioner,

16  pharmacist, or other prescriber or dispenser for any purpose not otherwise

17  authorized by this section or KRS 218A.202.

18  Section 8. KRS 304.17A-165 is amended to read as follows:

19 (1) Any health benefit plan that provides benefits for prescription drugs shall include an

20  exceptions policy or an override policy that provides coverage for the refill of a

21  covered drug dispensed prior to the expiration of the insured's supply of the drug.

22  The insurer shall provide notice in existing written or electronic communications to

23  pharmacies doing business with the insurer, the pharmacy benefit manager if

24  applicable, and to the insured regarding the exceptions policy or override policy.

25  This subsection shall not apply to controlled substances as classified by KRS

26  Chapter 218A.

27 (2) Nothing in this section shall prohibit an insurer from limiting payment to no more

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    UNOFFICIAL COPY                                                        26 RS HB 388/GA

1   than three (3) refills of a covered drug in a ninety (90) day period.

2 (3) Any individual or group health benefit plan that provides benefits for prescription

3   drugs shall provide a program for synchronization of medications when it is agreed

4   among the insured, a provider, and a pharmacist that synchronization of multiple

5   prescriptions for the treatment of a chronic illness is in the best interest of the

6   patient for the management or treatment of a chronic illness provided that the

7   medications:

8   (a) Are covered by the individual or group health benefit plan:

9   (b) Are used for treatment and management of chronic conditions that are subject

10  to refills;

11  (c) Are not a Schedule II controlled substance[ or a Schedule III controlled

12  substance containing hydrocodone];

13  (d) Meet all prior authorization criteria specific to the medications at the time of

14  the synchronization request;

15  (e) Are of a formulation that can be effectively split over required short fill

16  periods to achieve synchronization; and

17  (f) Do not have quantity limits or dose optimization criteria or requirements that

18  would be violated in fulfilling synchronization.

19 (4) To permit synchronization, an individual or group health benefit plan shall apply a

20  prorated daily cost-sharing rate to any medication dispensed by a network

21  pharmacy pursuant to this section.

22 (5) Any dispensing fee shall not be prorated and shall be based on an individual

23  prescription filled or refilled.

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