Kentucky 2020 Regular Session Status: Enacted

HB 135 — AN ACT relating to licensees of the Kentucky Board of Medical Licensure.

Last action — signed by Governor (Acts ch. 39)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2019. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

715 added · 815 removed

715 line(s) added, 815 removed.

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UNOFFICIAL COPY 20 RS BR 865 AN ACT relating to physician assistants.
UNOFFICIAL COPY 20 RS HB 135/EN AN ACT relating to licensees of the Kentucky Board of Medical Licensure.
(b) Professional standards for prescribing and dispensing controlled substances;
(b) Professional standards for prescribing and administering controlled substances;
and (c) Professional standards for prescribing or dispensing Buprenorphine-Mono- Product or Buprenorphine-Combined-with-Naloxone.
and (c) Professional standards for prescribing or administering Buprenorphine- Mono-Product or Buprenorphine-Combined-with-Naloxone.
(4) The chairperson of the committee shall be elected by a majority vote of the Page 1 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 committee members and shall be responsible for presiding over meetings that shall be held on a regular basis.
(4) The chairperson of the committee shall be elected by a majority vote of the Page 1 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN committee members and shall be responsible for presiding over meetings that shall be held on a regular basis.
(b) The holder shall provide evidence of completion, during the previous two (2) years, of a minimum of one hundred (100) hours of continuing education approved by the American Medical Association, the American Osteopathic Page 2 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 Association, the American Academy of Family Physicians, the American Academy of Physician Assistants, or by another entity approved by the board;.
(b) The holder shall provide evidence of completion, during the previous two (2) years, of a minimum of one hundred (100) hours of continuing education approved by the American Medical Association, the American Osteopathic Page 2 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN Association, the American Academy of Family Physicians, the American Academy of Physician Assistants, or by another entity approved by the board.
During the first two (2) years of licensure or prior to the first licensure renewal:
During the first two (2) years of licensure or prior to the first licensure renewal:[;] a.
a.
If the license holder is authorized, pursuant to subsection (5) of Section 6 of this Act, to prescribe and dispense controlled substances, a minimum of five (5) hours of approved continuing education relating to controlled substance diversion, pain management, addiction disorders, use of the electronic system for monitoring Schedules II, III, IV, and V controlled substances established in KRS 218A.202, or any combination of two (2) or more of these subjects;
If the license holder is authorized, pursuant to subsection (5) of Section 5 of this Act, to prescribe and administer Schedule III, IV, or V controlled substances, a minimum of five (5) hours of approved continuing education relating to controlled substance diversion, pain management, addiction disorders, use of the electronic system for monitoring controlled substances established in KRS 218A.202, or any combination of two (2) or more of these subjects;
and (c) [The holder shall provide evidence of completion of a continuing education course on the human immunodeficiency virus and acquired immunodeficiency syndrome;
(c) The holder, if authorized, pursuant to subsection (5) of Section 5 of this Act, to prescribe and administer Schedule III, IV, or V controlled substances, shall provide evidence of completion, during the previous two (2) years, of a minimum of five (5) hours, in addition to the continuing education requirements established in paragraph (b) of this subsection, of continuing education relating to controlled substance diversion, pain management, addiction disorders, use of the electronic system for monitoring controlled substances established in KRS 218A.202, or any combination of two (2) or Page 3 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN more of these subjects[ The holder shall provide evidence of completion of a continuing education course on the human immunodeficiency virus and acquired immunodeficiency syndrome;
(d) As a part of the continuing education requirements that the board adopts to ensure continuing competency of present and future licensees the board shall ensure that physician's assistants shall demonstrate completion of a one-time training course of one and one-half (1.5) hours of training covering the Page 3 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 prevention and recognition of pediatric abusive head trauma, as defined in KRS 620.020.
(d) As a part of the continuing education requirements that the board adopts to ensure continuing competency of present and future licensees the board shall ensure that physician's assistants shall demonstrate completion of a one-time training course of one and one-half (1.5) hours of training covering the prevention and recognition of pediatric abusive head trauma, as defined in KRS 620.020.
The one and one-half (1.5) hours of continuing education required under this section shall be included in the current number of required continuing education hours;
The one and one-half (1.5) hours of continuing education required under this section shall be included in the current number of required continuing education hours];
and (e) ]The holder shall provide proof of current certification with the National Commission on Certification of Physician Assistants.
and (d)[(e)] The holder shall provide proof of current certification with the National Commission on Certification of Physician Assistants.
(d) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient or a felony offense under KRS Chapter 510, KRS 530.064, or 531.310, or has been found by the board to have had sexual contact, as defined in KRS 510.010, with a patient while the patient was under the care of the physician assistant or the physician assistant's supervising physician;
(d) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient or a felony offense under KRS Chapter 510, KRS 530.064, or 531.310, or has been found by the board to have had sexual contact, as Page 4 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN defined in KRS 510.010, with a patient while the patient was under the care of the physician assistant or the physician assistant's supervising physician;
(g)[(e)] Been unable or is unable to practice medicine according to acceptable and prevailing standards of care by reason of mental or physical illness or Page 4 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 other condition including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of medicine[Developed a physical or mental disability or other condition that presents a danger in continuing to practice medicine to patients, the public, or other health care personnel];
(g)[(e)] Been unable or is unable to practice medicine according to acceptable and prevailing standards of care by reason of mental or physical illness or other condition including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills, or by reason of an extended absence from the active practice of medicine[Developed a physical or mental disability or other condition that presents a danger in continuing to practice medicine to patients, the public, or other health care personnel];
(n)[(l)] Performed the services of a physician assistant in an unprofessional, incompetent, or grossly or chronically negligent manner;
(n)[(l)] Performed the services of a physician assistant in an unprofessional, Page 5 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN incompetent, or grossly or chronically negligent manner;
Page 5 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (q)[(o)] Violated any term of probation or other discipline imposed by the board;[ or] (r)[(p)] Failed to complete the required number of hours of approved continuing education;
(q)[(o)] Violated any term of probation or other discipline imposed by the board;[ or] (r)[(p)] Failed to complete the required number of hours of approved continuing education;
KRS 311.854 is amended to read as follows:
(1) A physician shall not supervise a physician assistant without approval of the board.
Failure to obtain board approval as a supervising physician or failure to comply with the requirements of KRS 311.840 to 311.862 or related administrative regulations shall be considered unprofessional conduct and shall be subject to disciplinary action by the board that may include revocation, suspension, restriction, or placing on probation the supervising physician's right to supervise a physician assistant.
(2) To be approved by the board as a supervising physician, a physician shall:
(a) Be currently licensed and in good standing with the board;
(b) Maintain a practice primarily within this Commonwealth.
The board in its discretion may modify or waive this requirement;
(c) Submit a completed application and the required fee to the board.
The application shall include but is not limited to:
1.
A description of the nature of the physician's practice;
2.
A statement of assurance by the supervising physician that the scope of Page 6 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 medical services and procedures described in the application or in any supplemental information shall not exceed the normal scope of practice of the supervising physician;
3.
A description of the means by which the physician shall maintain communication with the physician assistant when they are not in the same physical location;
4.
The name, address, and area of practice of one (1) or more physicians who agree in writing to accept responsibility for supervising the physician assistant in the absence of the supervising physician;
5.
A description of the scope of medical services and procedures to be performed by the physician assistant for which the physician assistant has been trained in an approved program;
and 6.
An outline of the specific parameters for review of countersignatures.
(3) Prior to a physician assistant performing any service or procedure beyond those described in the initial application submitted to the board under subsection (2)(c) of this section, the supervising physician shall supplement that application with information that includes but is not limited to:
(a) A description of the additional service or procedure;
(b) A description of the physician assistant's education, training, experience, and institutional credentialing;
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(c) A description of the level of supervision to be provided for the additional service or procedure;
(d) The location or locations where the additional service or procedure will be provided;
and (e) Any changes to the specific parameters for review of countersignatures.
The initial and supplemental applications required under this section may be submitted to the board at the same time.
Page 7 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (4) A physician who has been supervising a physician assistant prior to July 15, 2002, may continue supervision and the physician assistant may continue to perform all medical services and procedures that were provided by the physician assistant prior to July 15, 2002.
The supervising physician shall submit the initial application and any supplemental application as required in this section by October 15, 2002.
(5) A physician may enter into supervision agreements with no more than four (4) physician assistants and shall not supervise more than four (4) physician assistants at any one (1) time.
Application for board approval to be a supervising physician shall be obtained individually for each physician assistant.
(6) The board may impose restrictions on the scope of practice of a physician assistant or on the methods of supervision by the supervising physician upon consideration of recommendations of the Physician Assistant Advisory Committee established in KRS 311.842 after providing the applicant with reasonable notice of its intended action and after providing a reasonable opportunity to be heard.
(7) The executive director of the board, within thirty (30) calendar days of receiving a completed initial, or supplemental, application submitted under this section, shall review the application and may temporarily approve the application if the applicant clearly meets the requirements established in subsection (1) of Section 2 of this Act.
The board, at its next meeting, shall review and approve or deny any initial, or supplemental, applications submitted under this section since the board's last meeting.
The board may deny an initial, or supplemental, application temporarily approved by the executive director.
Section 5.
(1) Restrict the services of a physician assistant to the scope of medical services and procedures described in the initial, or any supplemental, application received by the board under Section 4 of this Act[services within the physician assistant's Page 8 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 scope of practice] and to the provisions of KRS 311.840 to 311.862;
(1) Restrict the services of a physician assistant to services within the physician assistant's scope of practice and to the provisions of KRS 311.840 to 311.862;
(2) Prohibit a physician assistant from prescribing or dispensing controlled substances, except as provided in subsection (5) of Section 6 of this Act;
(2) Prohibit a physician assistant from dispensing controlled substances;
(3) Inform all patients in contact with a physician assistant of the status of the physician assistant;
(3) Prohibit a physician assistant from prescribing or administering[dispensing] controlled substances, except as provided in subsection (5) of Section 5 of this Act;
(4) Post a notice stating that a physician assistant practices medicine or osteopathy in all locations where the physician assistant may practice;
(4)[(3)] Inform all patients in contact with a physician assistant of the status of the physician assistant;
(5) Require a physician assistant to wear identification that clearly states that he or she is a physician assistant;
Page 6 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (5)[(4)] Post a notice stating that a physician assistant practices medicine or osteopathy in all locations where the physician assistant may practice;
(6) Prohibit a physician assistant from independently billing any patient or other payor for services rendered by the physician assistant;
(6)[(5)] Require a physician assistant to wear identification that clearly states that he or she is a physician assistant;
(7) If necessary, participate with the governing body of any hospital or other licensed health care facility in a credentialing process established by the facility;
(7)[(6)] Prohibit a physician assistant from independently billing any patient or other payor for services rendered by the physician assistant;
(8) Not require a physician assistant to perform services or other acts that the physician assistant feels incapable of carrying out safely and properly;
(8)[(7)] If necessary, participate with the governing body of any hospital or other licensed health care facility in a credentialing process established by the facility;
(9) Maintain adequate, active, and continuous supervision of a physician assistant's activities to assure that the physician assistant is performing as directed and complying with the requirements of KRS 311.840 to 311.862 and all related administrative regulations;
(9)[(8)] Not require a physician assistant to perform services or other acts that the physician assistant feels incapable of carrying out safely and properly;
(10) Review and countersign a sufficient number of overall medical notes written by the physician assistant to ensure quality of care provided by the physician assistant and outline the specific parameters for review of countersignatures in the application required by KRS 311.854.
(10)[(9)] Maintain adequate, active, and continuous supervision of a physician assistant's activities to assure that the physician assistant is performing as directed and complying with the requirements of KRS 311.840 to 311.862 and all related administrative regulations;
(11)[(10)] Review and countersign a sufficient number of overall medical notes written by the physician assistant to ensure quality of care provided by the physician assistant and outline the specific parameters for review of countersignatures in the application required by KRS 311.854.
and Page 9 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (b) "Institution" means all or part of any public or private facility, place, building, or agency, whether organized for profit or not, that is used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care;
and (b) "Institution" means all or part of any public or private facility, place, building, or agency, whether organized for profit or not, that is used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care;
(11) (a) Reevaluate the reliability, accountability, and professional knowledge of a physician assistant two (2) years after the physician assistant's original licensure in this Commonwealth and every two (2) years thereafter;
Page 7 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (12)[(11)] (a) Reevaluate the reliability, accountability, and professional knowledge of a physician assistant two (2) years after the physician assistant's original licensure in this Commonwealth and every two (2) years thereafter;
and (12) Notify the board within three (3) business days if the supervising physician:
and (13)[(12)] Notify the board within three (3) business days if the supervising physician:
Section 6.
Section 5.
Page 10 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (5) (a) A physician assistant who has been approved by the board, or its executive director, pursuant to paragraph (b) of this subsection and Section 4(7) of this Act, may prescribe and administer Schedules II, III, IV, and V controlled substances, as described in KRS Chapter 218A, to the extent delegated by the supervising physician and as permitted under paragraphs (c), (d), (e), and (f) of this subsection.
(5) (a) A physician assistant who has been approved by the board pursuant to paragraph (b) of this subsection, may prescribe and administer Schedules III, IV, and V controlled substances, as described in KRS Chapter 218A, to the extent delegated by the supervising physician and as permitted under Page 8 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN paragraphs (c), (d), and (e) of this subsection.
Submit to the board a completed application for prescriptive authority for controlled substances signed by the physician assistant's supervising physician in accordance with Section 4 of this Act;
Have at least one (1) year of experience as a licensed and practicing physician assistant;
Provide evidence of completion of at least thirty (30) contact hours in didactic clinical pharmacology;
Submit to the board a completed application for prescriptive authority for controlled substances signed by the physician assistant's supervising physician in accordance with Section 4 of this Act;
(c) Prescriptions issued by a physician assistant for narcotic Schedule II controlled substances shall be limited to a three (3) day supply without any refill.
(c) Prescriptions issued by a physician assistant for Schedule III controlled substances, as described in KRS 218A.080, shall be limited to a thirty (30) day supply without any refill.
(d) Prescriptions issued by a physician assistant for nonnarcotic Schedule II controlled substances or Schedule III controlled substances, as described in KRS 218A.060 and 218A.080, shall be limited to a thirty (30) day supply without any refill.
(d) Prescriptions issued by a physician assistant for Schedule IV or V controlled substances, as described in KRS 218A.100 and 218A.120, shall be limited to the original prescription and refills not to exceed a six (6) month supply.
Page 11 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (e) Prescriptions issued by a physician assistant for Schedule IV or V controlled substances, as described in KRS 218A.100 and 218A.120, shall be limited to the original prescription and refills not to exceed a six (6) month supply.
(e) Notwithstanding paragraph (d) of this subsection, prescriptions issued by a physician assistant for benzodiazepines or Carisoprodol shall be limited to a thirty (30) day supply without any refill.
(f) Notwithstanding paragraph (e) of this subsection, prescriptions issued by a physician assistant for Diazepam, Lorazepam, Alprazolam, and Carisoprodol are limited to a thirty (30) day supply without any refill.
(7)[(6)] A physician assistant may perform local infiltrative anesthesia under the provisions of subsection (1) of this section, but a physician assistant shall not administer or monitor general or regional anesthesia unless the requirements of KRS 311.862 are met.
Page 9 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (7)[(6)] A physician assistant may perform local infiltrative anesthesia under the provisions of subsection (1) of this section, but a physician assistant shall not administer or monitor general or regional anesthesia unless the requirements of KRS 311.862 are met.
SECTION 7.
SECTION 6.
(1) When a hearing or inquiry panel, as described in KRS 311.591, has probable cause to believe a physician assistant is suffering from a physical or mental condition that might impede his or her ability to practice competently, the panel may order the physician assistant to undergo a physical or mental examination Page 12 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 by person designated by the panel.
(1) When a hearing or inquiry panel, as described in KRS 311.591, has probable cause to believe a physician assistant is suffering from a physical or mental condition that might impede his or her ability to practice competently, the panel upon consideration of recommendations of the Physician Assistant Advisory Committee established in KRS 311.842, may order the physician assistant to undergo a physical or mental examination by person designated by the panel.
(3) A physician assistant whose license has been suspended, limited, restricted, or revoked under this section and Section 3 of this Act, shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to patients.
Page 10 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (3) A physician assistant whose license has been suspended, limited, restricted, or revoked under this section and Section 3 of this Act, shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to patients.
SECTION 8.
Section 7.
A NEW SECTION OF KRS 311.840 TO 311.862 IS CREATED TO READ AS FOLLOWS:
(1) When a hearing or inquiry panel, as described in KRS 311.591, receives information that a physician assistant has not been engaged in the active practice of medicine for at least two (2) years, the panel may order the physician assistant to successfully complete a board-approved clinical competency examination or a board-approved clinical skills assessment program at the expense of the physician assistant.
The panel shall review the results of the examination or assessment and determine whether the physician assistant may resume the practice of medicine without undue risk or danger to patients or the public.
(2) Failure of a physician assistant to successfully complete a clinical competency examination or the clinical skills assessment when directed shall constitute an admission that the physician assistant is unable to practice medicine according to accepted and prevailing standards, unless the failure was due to circumstances beyond the control of the physician assistant.
The failure shall constitute a Page 13 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 default and a final order may be entered without additional testimony or without presentation of additional evidence.
(3) A physician assistant whose license has been suspended, limited, restricted, or revoked under this section or Section 3 of this Act shall be afforded an opportunity at reasonable intervals to demonstrate that he or she has the competency and skill to resume the practice of medicine.
Section 9.
(1) The board may establish by contract or otherwise an impaired physicians and physician assistants program to promote the early identification, intervention, treatment, and rehabilitation of physicians and physician assistants who may be impaired by reason of illness, alcohol or drug abuse, or as a result of any physical or mental condition.
(1) The board may establish by contract, including with a nonprofit corporation, or otherwise the Kentucky Physician Health Foundation[an impaired physicians program] to promote the early identification, intervention, treatment, and rehabilitation of individuals licensed by the board[physicians] who may be impaired by reason of illness, alcohol or drug abuse, or as a result of any physical or mental condition.
Section 10.
Section 8.
KRS 311.617 is amended to read as follows:
The board may enter into a contractual agreement with a nonprofit corporation or a medical professional association for the purpose of creating, supporting, and maintaining a program to be designated as the Kentucky Physicians and Physician Assistants Health Foundation.
The board may promulgate administrative regulations subject to the provisions of KRS Chapter 13A to effectuate and implement any program formed pursuant to this section.
The board may expend any funds it deems necessary to adequately provide for operational expenses of any program formed pursuant to this section.
Section 11.
(1) All information, interviews, reports, statements, memoranda, or other documents Page 14 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 furnished to or produced by the program formed under KRS 311.616, as well as all communications to or from the program, and any findings, conclusions, interventions, treatment, or rehabilitation, or other proceedings of the program which in any way pertain or refer to a physician or physician assistant who may be, or who is actually, impaired shall be privileged and confidential.
(1) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the program formed under KRS 311.616, as well as all communications to or from the program, and any findings, conclusions, interventions, treatment, or rehabilitation, or other proceedings of the program which in any way pertain or refer to an individual licensed by the board[a physician] who may be, or who is actually, impaired shall be privileged and confidential.
(2) All records and proceedings of the program which pertain or refer to a physician or physician assistant who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the program and its members only in the exercise of the proper function of the program and shall not be considered public records nor shall they be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (3) of this section.
(2) All records and proceedings of the program which pertain or refer to an individual licensed by the board[a physician] who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the program and its members only in the exercise of the proper function of the program and shall not be Page 11 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN considered public records nor shall they be subject to court subpoena or subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (3) of this section.
(3) The program may disclose information relative to an impaired physician or physician assistant only:
(3) The program may disclose information relative to an impaired individual licensed by the board[physician] only:
(a) When it is essential to disclose such information to further the intervention, treatment, or rehabilitation needs of the impaired physician or physician assistant, and then only to those persons or organizations with a need to know;
(a) When it is essential to disclose such information to further the intervention, treatment, or rehabilitation needs of the impaired individual[physician], and then only to those persons or organizations with a need to know;
(b) When its release is authorized in writing by the impaired physician or physician assistant;
(b) When its release is authorized in writing by the impaired individual[physician];
Section 12.
Section 9.
Page 15 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order;
(a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order;
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of its salts, isomers, or salts of isomers;
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of Page 12 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN its salts, isomers, or salts of isomers;
or Page 16 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 3.
or 3.
With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent conduct with respect to such substance is pursuant to such exemption;
With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent conduct with respect to such substance is pursuant to such Page 13 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN exemption;
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of Page 17 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 administration available as a single unit;
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of administration available as a single unit;
and (d) Substances intended for use as a component of any article specified in this subsection.
and (d) Substances intended for use as a component of any article specified in this Page 14 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN subsection.
By substitution on the piperadine ring to any extent with alkyl, allyl, Page 18 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- positions;
By substitution on the piperadine ring to any extent with alkyl, allyl, alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- positions;
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal prosecution only, means an in-person medical examination of the patient conducted by the prescribing practitioner or other health-care professional routinely relied upon in the ordinary course of his or her practice, at which time the patient is physically examined and a medical history of the patient is obtained.
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal prosecution only, means an in-person medical examination of the patient conducted by the prescribing practitioner or other health-care professional routinely relied upon in the ordinary course of his or her practice, at which time the patient is Page 15 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN physically examined and a medical history of the patient is obtained.
or Page 19 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
or (b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(24) "Industrial hemp products" has the same meaning as in KRS 260.850;
Page 16 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (24) "Industrial hemp products" has the same meaning as in KRS 260.850;
(a) By a practitioner as an incident to his or her administering or dispensing of a Page 20 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 controlled substance in the course of his or her professional practice;
(a) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice;
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances.
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these Page 17 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN substances.
Page 21 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, means an accounting of a patient's medical background, including but not limited to prior medical conditions, prescriptions, and family background;
(29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, means an accounting of a patient's medical background, including but not limited to prior medical conditions, prescriptions, and family background;
(32) "Methamphetamine" means any substance that contains any quantity of methamphetamine, or any of its salts, isomers, or salts of isomers;
Page 18 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (32) "Methamphetamine" means any substance that contains any quantity of methamphetamine, or any of its salts, isomers, or salts of isomers;
and Page 22 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (g) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (a) to (f) of this subsection;
and (g) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (a) to (f) of this subsection;
(36) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
Page 19 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (36) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320.240, advanced practice registered nurse as authorized under KRS 314.011, physician assistant as authorized under Section 4 of this Act, or other person licensed, registered, or otherwise permitted by state or federal law to acquire, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320.240, advanced practice registered nurse as authorized under KRS 314.011, physician assistant as authorized under Section 5 of this Act, or other person licensed, registered, or otherwise permitted by state or federal law to acquire, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
"Practitioner" also includes a physician, dentist, podiatrist, veterinarian, or advanced practice registered nurse authorized under KRS 314.011 who is a resident of and actively practicing in a state other than Kentucky and who is licensed and has prescriptive authority for Page 23 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 controlled substances under the professional licensing laws of another state, unless the person's Kentucky license has been revoked, suspended, restricted, or probated, in which case the terms of the Kentucky license shall prevail;
"Practitioner" also includes a physician, dentist, podiatrist, veterinarian, or advanced practice registered nurse authorized under KRS 314.011 who is a resident of and actively practicing in a state other than Kentucky and who is licensed and has prescriptive authority for controlled substances under the professional licensing laws of another state, unless the person's Kentucky license has been revoked, suspended, restricted, or probated, in which case the terms of the Kentucky license shall prevail;
(42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(42) "Prescription" means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric Page 20 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(46) "Recovery program" means an evidence-based, nonclinical service that assists individuals and families working toward sustained recovery from substance use and Page 24 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 other criminal risk factors.
(46) "Recovery program" means an evidence-based, nonclinical service that assists individuals and families working toward sustained recovery from substance use and other criminal risk factors.
(48) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense.
Page 21 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (48) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense.
1-Butyl-3-(1- Page 25 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 naphthoyl)indole;
1-Butyl-3-(1- naphthoyl)indole;
Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(b) Phenylacetylindoles:
Page 22 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN (b) Phenylacetylindoles:
Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, Page 26 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.
Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.
Examples of this structural class include but are not limited to JWH-175, JWH-184, and JWH-185;
Examples of this structural class Page 23 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN include but are not limited to JWH-175, JWH-184, and JWH-185;
Any compound containing a 3-(1- tetramethylcyclopropoyl)indole structure with substitution at the nitrogen Page 27 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not further substituted in the tetramethylcyclopropyl ring to any extent.
Any compound containing a 3-(1- tetramethylcyclopropoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not further substituted in the tetramethylcyclopropyl ring to any extent.
Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.
Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further Page 24 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.
Examples of this class include but are not limited to 3,4- Page 28 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 Methylenedioxycathinone (bk-MDA);
Examples of this class include but are not limited to 3,4- Methylenedioxycathinone (bk-MDA);
or (d) Any other synthetic cathinone which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with state or federal law;
or (d) Any other synthetic cathinone which is not approved by the United States Page 25 of 26 HB013520.100 - 865 - XXXX Engrossed UNOFFICIAL COPY 20 RS HB 135/EN Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with state or federal law;
and Page 29 of 30 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 865 (58) "Ultimate user" means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.
and (58) "Ultimate user" means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.
Page 30 of 30 XXXX Jacketed
Section 10.
The following KRS section is repealed:
311.617 Creation, support, and maintenance of committee -- Authority for administrative regulations.
Page 26 of 26 HB013520.100 - 865 - XXXX Engrossed
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Action History

  1. signed by Governor (Acts ch. 39)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 80-1

  6. House concurred in Senate Committee Substitute (1)

  7. posted for passage for concurrence in Senate Committee Substitute (1)

  8. to Rules (H)

  9. received in House

  10. 3rd reading, passed 32-0 with Committee Substitute (1)

  11. passed over and retained in the Orders of the Day

  12. passed over and retained in the Orders of the Day

  13. passed over and retained in the Orders of the Day

  14. posted for passage in the Regular Orders of the Day for Tuesday, March 10, 2020

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  17. to Licensing, Occupations, & Administrative Regulations (S)

  18. received in Senate

  19. 3rd reading, passed 91-1 with Committee Substitute (1) and committee amendment (1-title)

  20. placed in the Orders of the Day

  21. taken from Rules

  22. 2nd reading, to Rules

  23. reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)

  24. posted in committee

  25. reassigned to Health and Family Services (H)

  26. to Licensing, Occupations, & Admin Regs (H)

  27. introduced in House

  28. Prefiled by the sponsor(s).

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 80 Yea · 1 Nay · 19 Other
Party YeaNayPresentNot Voting
Republican 28003
Unaffiliated 461015
Democrat 6001
Total 801019
% of votes cast 80%1%0%19%
How each member voted (100)
Member Party Vote
Huff R — Yea
Schamore — Yea
Bentley — Yea
Huff T — Yea
Miller J — Yea
Scott — Yea
Jenkins — Yea
Minter — Yea
Sheldon — Yea
Glenn — Yea
Sorolis — Yea
Goforth — Yea
Nemes — Yea
Branham Clark — Yea
Koenig — Yea
Stone — Yea
Graham — Yea
Brenda — Yea
Graviss — Yea
Lee — Yea
Pratt — Yea
Lewis D — Yea
Prunty — Yea
Thomas — Yea
Brown G — Yea
Harris — Yea
Lewis S — Yea
Cantrell — Yea
Massey — Yea
Webber — Yea
Hatton — Yea
Wheatley — Yea
DuPlessis — Yea
Heath — Yea
McCoy — Yea
Rothenburger — Yea
Rowland — Yea
Wiederstein — Yea
Fischer — Yea
Hinkle — Yea
Meredith — Yea
Frazier — Yea
Howard — Yea
Meyer — Yea
Santoro — Yea
Yates — Yea
Bechler — Nay
Booker — Not Voting
Rand — Not Voting
Burch — Not Voting
Flood — Not Voting
Meeks — Not Voting
Raymond — Not Voting
Turner — Not Voting
Carney — Not Voting
Hoover — Not Voting
Miller C — Not Voting
Sims — Not Voting
Westrom — Not Voting
Donohue — Not Voting
Palumbo — Not Voting
Stewart — Not Voting
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Not Voting
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

PASS HB 135 W/ scs1

Passed 32 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 18005
Republican 14000
Democrat 0001
Total 32006
% of votes cast 84%0%0%16%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Thomas — Yea
Buford — Yea
Hornback — Yea
Turner — Yea
Humphries — Yea
Robinson — Yea
Carroll D — Yea
Kerr — Yea
Schickel — Yea
Castlen — Yea
Schroder — Yea
Westerfield — Yea
McGarvey — Yea
Meredith — Yea
Harris — Yea
Thayer — Yea
Carroll J — Not Voting
Embry — Not Voting
Parrett — Not Voting
Clark — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 91 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 28001
Unaffiliated 57104
Democrat 6001
Total 91106
% of votes cast 93%1%0%6%
How each member voted (98)
Member Party Vote
Frazier — Yea
Huff T — Yea
Miller C — Yea
Scott — Yea
Bentley — Yea
Jenkins — Yea
Miller J — Yea
Sheldon — Yea
Minter — Yea
Sims — Yea
Sorolis — Yea
Booker — Yea
Glenn — Yea
Koenig — Yea
Nemes — Yea
Goforth — Yea
Stewart — Yea
Branham Clark — Yea
Lee — Yea
Palumbo — Yea
Graham — Yea
Lewis D — Yea
Brenda — Yea
Graviss — Yea
Lewis S — Yea
Pratt — Yea
Thomas — Yea
Prunty — Yea
Brown G — Yea
Harris — Yea
Massey — Yea
Rand — Yea
Turner — Yea
Burch — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Webber — Yea
Donohue — Yea
Heath — Yea
Rothenburger — Yea
Westrom — Yea
Meeks — Yea
Rowland — Yea
Wheatley — Yea
DuPlessis — Yea
Hinkle — Yea
Meredith — Yea
Wiederstein — Yea
Howard — Yea
Meyer — Yea
Santoro — Yea
Fischer — Yea
Huff R — Yea
Schamore — Yea
Yates — Yea
Flood — Yea
Bechler — Nay
Carney — Not Voting
Hoover — Not Voting
Raymond — Not Voting
Stone — Not Voting
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Not Voting
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea

Official roll call →

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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