Kentucky 2023 Regular Session Status: Passed House

HB 290 — AN ACT relating to controlled substances.

Last action — to Committee on Committees (S)

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

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 205.529 to revise the medications that are part of the program for synchronization of medications; amend KRS 218A.172 to revise the medications regulated; amend KRS 218A.182 to revise when a an electronic prescription is required from the practitioner issuing a prescription for a controlled substance; amend KRS 218A.202 to make technical changes; amend KRS 218A.205 to make changes to the regulations for prescribing and dispensing controlled substances; amend KRS 218A.245 to allow the cabinet to enter into contract with any federal agency of the United States; amend KRS 304.17A-165 to make updates to the list of controlled substances allowed under a health benefit plan.

Bill Text

What changed in the latest version

48 added · 48 removed

48 line(s) added, 48 removed.

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UNOFFICIAL COPY 23 RS BR 939 AN ACT relating to controlled substances.
UNOFFICIAL COPY 23 RS HB 290/GA AN ACT relating to controlled substances.
Page 1 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 Section 2.
Page 1 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA Section 2.
Page 2 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (b) If the course of treatment extends beyond three (3) months, the administrative regulations shall also require that the practitioner:
Page 2 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (b) If the course of treatment extends beyond three (3) months, the administrative regulations shall also require that the practitioner:
Page 3 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (a) A licensee prescribing or administering a controlled substance immediately prior to, during, or within the fourteen (14) days following an operative or invasive procedure or a delivery if the prescribing or administering is medically related to the operative or invasive procedure or the delivery and the medication usage does not extend beyond the fourteen (14) days;
Page 3 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (a) A licensee prescribing or administering a controlled substance immediately prior to, during, or within the fourteen (14) days following an operative or invasive procedure or a delivery if the prescribing or administering is medically related to the operative or invasive procedure or the delivery and the medication usage does not extend beyond the fourteen (14) days;
Page 4 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 b.
Page 4 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA b.
Notify the Kentucky Office of Drug Control Policy that it is considering a proposal to promulgate an administrative regulation authorizing exemptions supplemental or in addition to those specified in subsection Page 5 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (4) of this section and invite the office to participate in the board meeting at which the proposal will be considered;
Notify the Kentucky Office of Drug Control Policy that it is considering a proposal to promulgate an administrative regulation authorizing exemptions supplemental or in addition to those specified in subsection Page 5 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (4) of this section and invite the office to participate in the board meeting at which the proposal will be considered;
Page 6 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (b) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure;
Page 6 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (b) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure;
Page 7 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (k) By a practitioner for an individual who receives hospice care;[ or] (l) By a practitioner for an individual who is a resident of a nursing facility;
Page 7 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (k) By a practitioner for an individual who receives hospice care;[ or] (l) By a practitioner for an individual who is a resident of a nursing facility;
(2) A practitioner or a pharmacist authorized to prescribe or dispense controlled substances to humans shall register with the cabinet to use the system provided for in this section and shall maintain an active account with the electronic monitoring system[such registration] continuously during the practitioner's or pharmacist's term of licensure and shall not have to pay a fee or tax specifically dedicated to the Page 8 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 operation of the system.
(2) A practitioner or a pharmacist authorized to prescribe or dispense controlled substances to humans shall register with the cabinet to use the system provided for in this section and shall maintain an active account with the electronic monitoring system[such registration] continuously during the practitioner's or pharmacist's term of licensure and shall not have to pay a fee or tax specifically dedicated to the Page 8 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA operation of the system.
Page 9 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (5) Data for each controlled substance that is reported shall include but not be limited to the following:
Page 9 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (5) Data for each controlled substance that is reported shall include but not be limited to the following:
(b) Employees of the Office of the Inspector General of the Cabinet for Health and Family Services who have successfully completed training for the electronic system and who have been approved to use the system, federal Page 10 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 prosecutors, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, county attorneys and assistant county attorneys, a peace officer certified pursuant to KRS 15.380 to 15.404, a certified or full- time peace officer of another state, or a federal agent whose duty is to enforce the laws of this Commonwealth, of another state, or of the United States relating to drugs and who is engaged in a bona fide specific investigation involving a designated person;
(b) Employees of the Office of the Inspector General of the Cabinet for Health and Family Services who have successfully completed training for the electronic system and who have been approved to use the system, federal Page 10 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA prosecutors, Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, county attorneys and assistant county attorneys, a peace officer certified pursuant to KRS 15.380 to 15.404, a certified or full- time peace officer of another state, or a federal agent whose duty is to enforce the laws of this Commonwealth, of another state, or of the United States relating to drugs and who is engaged in a bona fide specific investigation involving a designated person;
(f) The chief medical officer of a hospital or long-term [-]care facility, an employee of the hospital or long-term [-]care facility as designated by the chief medical officer and who is working under his or her specific direction, or a physician designee if the hospital or facility has no chief medical officer, Page 11 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 if the officer, employee, or designee certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective patient or resident in the hospital or facility;
(f) The chief medical officer of a hospital or long-term [-]care facility, an employee of the hospital or long-term [-]care facility as designated by the chief medical officer and who is working under his or her specific direction, or a physician designee if the hospital or facility has no chief medical officer, Page 11 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA if the officer, employee, or designee certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective patient or resident in the hospital or facility;
In a designated geographic area for which a report on a physician or Page 12 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 another advanced practice registered nurse in that area indicates a substantial likelihood that inappropriate prescribing or dispensing may be occurring in that area;
In a designated geographic area for which a report on a physician or Page 12 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA another advanced practice registered nurse in that area indicates a substantial likelihood that inappropriate prescribing or dispensing may be occurring in that area;
Both the person providing and the person receiving the data or report under this paragraph shall document in writing each person to whom the data or report Page 13 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 has been given or received and the day, month, and year that the data or report has been given or received.
Both the person providing and the person receiving the data or report under this paragraph shall document in writing each person to whom the data or report Page 13 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA has been given or received and the day, month, and year that the data or report has been given or received.
(10) The Cabinet for Health and Family Services, all peace officers specified in subsection (7)(b) of this section, all officers of the court, and all regulatory agencies and officers, in using the data for investigative or prosecution purposes, shall Page 14 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 consider the nature of the prescriber's and dispenser's practice and the condition for which the patient is being treated.
(10) The Cabinet for Health and Family Services, all peace officers specified in subsection (7)(b) of this section, all officers of the court, and all regulatory agencies and officers, in using the data for investigative or prosecution purposes, shall Page 14 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA consider the nature of the prescriber's and dispenser's practice and the condition for which the patient is being treated.
(b) The cabinet shall work with the Kentucky Bar Association for the development of a continuing education program for attorneys about the purposes and uses of the electronic system for monitoring established in this Page 15 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 section.
(b) The cabinet shall work with the Kentucky Bar Association for the development of a continuing education program for attorneys about the purposes and uses of the electronic system for monitoring established in this Page 15 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA section.
On or after July 1, 2018 such data shall be forwarded by the Administrative Office of the Page 16 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 Courts to the cabinet on a continuing basis.
On or after July 1, 2018 such data shall be forwarded by the Administrative Office of the Page 16 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA Courts to the cabinet on a continuing basis.
(b) A county attorney or Commonwealth's attorney shall notify the Office of the Attorney General and the appropriate state licensing board within three (3) business days of an indictment or a waiver of indictment becoming public in his or her jurisdiction charging a licensed person with a felony offense relating to the manufacture of, trafficking in, prescribing, dispensing, or Page 17 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 possession of a controlled substance.
(b) A county attorney or Commonwealth's attorney shall notify the Office of the Attorney General and the appropriate state licensing board within three (3) business days of an indictment or a waiver of indictment becoming public in his or her jurisdiction charging a licensed person with a felony offense relating to the manufacture of, trafficking in, prescribing, dispensing, or Page 17 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA possession of a controlled substance.
The prescription for a Schedule II controlled substance is prescribed to Page 18 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 treat pain while the patient is receiving hospice or end-of-life treatment or is receiving care from a certified community based palliative care program;
The prescription for a Schedule II controlled substance is prescribed to Page 18 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA treat pain while the patient is receiving hospice or end-of-life treatment or is receiving care from a certified community based palliative care program;
(d) A procedure for temporarily suspending, limiting, or restricting a license held by a named licensee where a substantial likelihood exists to believe that the continued unrestricted practice by the named licensee would constitute a danger to the health, welfare, or safety of the licensee's patients or of the Page 19 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 general public;
(d) A procedure for temporarily suspending, limiting, or restricting a license held by a named licensee where a substantial likelihood exists to believe that the continued unrestricted practice by the named licensee would constitute a danger to the health, welfare, or safety of the licensee's patients or of the Page 19 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA general public;
(g) A procedure for the continuous submission of all disciplinary and other reportable information to the National Practitioner Data Bank of the United Page 20 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 States Department of Health and Human Services;
(g) A procedure for the continuous submission of all disciplinary and other reportable information to the National Practitioner Data Bank of the United Page 20 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA States Department of Health and Human Services;
Any such authorizing administrative regulation shall require that an anonymous complaint or grievance be accompanied by sufficient corroborating evidence as would allow the board to Page 21 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 believe, based upon a totality of the circumstances, that a reasonable probability exists that the complaint or grievance is meritorious.
Any such authorizing administrative regulation shall require that an anonymous complaint or grievance be accompanied by sufficient corroborating evidence as would allow the board to Page 21 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA believe, based upon a totality of the circumstances, that a reasonable probability exists that the complaint or grievance is meritorious.
(a) The essential purposes of the program and the success of the program in Page 22 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 fulfilling those purposes;
(a) The essential purposes of the program and the success of the program in Page 22 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA fulfilling those purposes;
Page 23 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed UNOFFICIAL COPY 23 RS BR 939 (3) Any individual or group health benefit plan that provides benefits for prescription drugs shall provide a program for synchronization of medications when it is agreed among the insured, a provider, and a pharmacist that synchronization of multiple prescriptions for the treatment of a chronic illness is in the best interest of the patient for the management or treatment of a chronic illness provided that the medications:
Page 23 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA UNOFFICIAL COPY 23 RS HB 290/GA (3) Any individual or group health benefit plan that provides benefits for prescription drugs shall provide a program for synchronization of medications when it is agreed among the insured, a provider, and a pharmacist that synchronization of multiple prescriptions for the treatment of a chronic illness is in the best interest of the patient for the management or treatment of a chronic illness provided that the medications:
Page 24 of 24 BR093900.100 - 939 - XXXX 3/3/2023 1:19 PM Jacketed
Page 24 of 24 HB029010.100 - 939 - XXXX 3/3/2023 1:19 PM GA
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Action History

  1. to Committee on Committees (S)

  2. received in Senate

  3. 3rd reading, passed 98-0

  4. posted for passage in the Regular Orders of the Day for Thursday, March 02, 2023

  5. 2nd reading, to Rules

  6. reported favorably, 1st reading, to Calendar

  7. to Health Services (H)

  8. to Committee on Committees (H)

  9. introduced in House

Sponsorship breakdown

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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

Pass

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 65001
Unaffiliated 20000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Meredith — Yea
Dixon — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Swann — Yea
Palumbo — Yea
Justice — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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

Frequently asked questions

What does HB 290 do?
Amend KRS 205.529 to revise the medications that are part of the program for synchronization of medications; amend KRS 218A.172 to revise the medications regulated; amend KRS 218A.182 to revise when a an electronic prescription is required from the practitioner issuing a prescription for a controlled substance; amend KRS 218A.202 to make technical changes; amend KRS 218A.205 to make changes to the regulations for prescribing and dispensing controlled substances; amend KRS 218A.245 to allow the cabinet to enter into contract with any federal agency of the United States; amend KRS 304.17A-165 to make updates to the list of controlled substances allowed under a health benefit plan.
What is the current status of HB 290?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 290?
Track HB 290 free on One Click Politics — get push/email alerts when it moves.

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