SB 94 — AN ACT relating to prescriptive authority.
Last action — signed by Governor (Acts Ch. 73)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 08, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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Cleared a recorded vote
Passed 2 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.
Summary
Amend KRS 314.042 to establish requirements related to "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Nonscheduled Legend Drugs" (CAPA-NS) and "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances" (CAPA-CS); establish the CAPA-CS Committee; establish membership and duties of the committee; create a new section of KRS Chapter 218A to establish the Controlled Substances Prescribing Council; establish membership, duties, and reporting requirements of the council.
Bill Text
What changed in the latest version
366 added · 509 removed366 line(s) added, 509 removed.
UNOFFICIALCHAPTER COPY73 231 RSCHAPTER 73 ( SB 94/GA94 ) AN ACT relating to prescriptive authority.
(4) An advanced practice registered nurse shall maintain a current active registered nurse license issued by the board or hold the privilege to practice as a registered Page 1 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA nurse in this state and maintain current certification by the appropriate national organization or agency recognized by the board.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The advanced practice registered nurse shall notify the Kentucky Board of Nursing of the existence of the CAPA-NS and the name of the collaborating Page 2 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA physician and shall, upon request, furnish to the board or its staff a copy of the completed CAPA-NS.
For nurse practitioners and Page 3 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA clinical nurse specialists, the four (4) years of prescribing shall be in a population focus as defined in KRS 314.011.
The advanced practice registered nurse will no longer be required to maintain a CAPA-NS and shall not be compelled to maintain a CAPA-CAPA-NS NS as a condition to prescribe after the four (4) years have expired, but an advanced practice registered nurse may choose to maintain a CAPA-CAPA-NS NS indefinitely after the four (4) years have expired;
Page 4 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA (10) (a) There is hereby established the "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances" (CAPA-CS) Committee.
and CHAPTER 73 3 2.
The Kentucky Board of Nursing shall be Page 5 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA responsible for the expenses of its members.
(f) The Kentucky Board of Nursing shall promulgate an administrative regulation pursuant to KRS Chapter 13A within ninety (90) days of the effective date of this Act to establish and implement the standardized CAPA-CAPA-CS CS form developed by the committee.
(11) (a) Except as provided in subsections (14) and (15) of this section, before an advanced practice registered nurse engages in the prescribing of Schedules II through V controlled substances as authorized by KRS 314.011(8), the advanced practice registered nurse shall enter into a written "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances" (CAPA-CS) on a standardized CAPA-CAPA-CS CS form with a physician licensed in Kentucky that defines the scope of the prescriptive authority for controlled substances.
Page 6 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA (d) The CAPA-CS shall describe the arrangement for collaboration and communication between the advanced practice registered nurse and the collaborating physician regarding the prescribing of controlled substances by the advanced practice registered nurse.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (h) Prior to prescribing controlled substances, the advanced practice registered nurse shall obtain a Controlled Substance Registration Certificate through the United States[U.S.] Drug Enforcement Administration[Agency].
The Page 7 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA advanced practice registered nurse shall notify the Kentucky Board of Nursing that the CAPA-CS has been rescinded.
An advanced practice registered nurse wishing to have a CAPA-CS in his or her first year of licensure must be employed by a health care Page 8 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA entity or provider.
The sole purpose of the audit shall be to document that the collaboration meetings have taken place as required Page 9 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA by this section and that other provisions of this section have been met;
The review of specific prescriptions identified in the reverse KASPER report or that of the PDMP currently in use in Kentucky pursuant to KRS 218A.202 by the advanced practice registered nurse and the collaborating physician may include information from the patient's medical record that relates to the condition or conditions being treated with controlled substances by the advanced CHAPTER 73 5 practice registered nurse to facilitate meaningful discussion.
(12)[(11)] Nothing in this chapter shall be construed as requiring an advanced practice Page 10 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA registered nurse designated by the board as a certified registered nurse anesthetist to enter into a collaborative agreement with a physician, pursuant to this chapter or any other provision of law, in order to deliver anesthesia care.
An advanced practice registered nurse who has fewer than four (4) Page 11 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA years of prescribing authority with a CAPA-CS and who wishes to prescribe controlled substances without a CAPA-CS shall complete the required number of years under the then-current CAPA-CS to reach four (4) years and shall submit, via the APRN update portal, a request for review from the Kentucky Board of Nursing that the advanced practice registered nurse's license is in good standing.
PageLegislative 12Research ofCommission 17PDF SB009410.100Version -ACTS 936OF -THE XXXXGENERAL 2/24/2023ASSEMBLY 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA 3.
Page 13 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA (g) The Kentucky Board of Nursing shall conduct random audits of the prescribing practices of advanced practice registered nurses, including those who are no longer required to have a CAPA-CS in order to prescribe, through a review of data obtained from the KASPER report or that of the PDMP currently in use in Kentucky pursuant to KRS 218A.202 and shall take disciplinary action under KRS 314.091(1) if a violation has occurred.
Page 14 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA (16) An advanced practice registered nurse shall not prescribe controlled substances without a CAPA-CS until the board has completed its review and has notified the advanced practice registered nurse in writing that the advanced practice registered nurse is exempt from the CAPA-CS requirement.
CHAPTER 73 7 (c) Two (2) currently licensed prescribers of scheduled drugs selected by the Kentucky Board of Dentistry, one (1) of whom shall be a dentist and one (1) of who shall be an oral surgeon;
Page 15 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA (f) One (1) licensed prescriber of scheduled drugs selected by the Kentucky Board of Optometric Examiners;
(3) The council may request information from the licensure boards regarding their Page 16 of 17 SB009410.100 - 936 - XXXX 2/24/2023 10:53 AM GA UNOFFICIAL COPY 23 RS SB 94/GA procedures for conducting investigations and taking actions regarding the possible improper, inappropriate, or illegal prescribing or dispensing of controlled substances.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) The council shall be attached to the Office of the Inspector General for administrative purposes.
PageSigned 17by ofGovernor 17March SB009410.10023, -2023. 936 - XXXX 2/24/2023 10:53 AM GA
Action History
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signed by Governor (Acts Ch. 73)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 92-1
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posted for passage in the Regular Orders of the Day for Friday, March 10, 2023
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Licensing, Occupations, & Administrative Regulations (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 30 -2 -1 with Floor Amendment (1)
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posted for passage in the Regular Orders of the Day for Friday, February 24, 2023
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floor amendment (1) filed
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Licensing & Occupations (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on · 3 voted No
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 13 | 0 | 0 | 1 |
| Republican | 61 | 1 | 0 | 4 |
| Unaffiliated | 18 | 0 | 0 | 2 |
| Total | 92 | 1 | 0 | 7 |
| % of votes cast | 92% | 1% | 0% | 7% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Dixon | — | Yea |
| Meredith | — | Yea |
| Smith | — | Yea |
| Bentley | — | Yea |
| Swann | — | Yea |
| Nemes | — | Yea |
| Justice | — | Yea |
| Palumbo | — | Yea |
| Thomas | — | Yea |
| Timoney | — | Yea |
| Bratcher K. | — | Yea |
| Bratcher S. | — | Yea |
| Webber | — | Yea |
| Raymond | — | Yea |
| Graham | — | Yea |
| Wilson | — | Yea |
| Heath | — | Yea |
| Williams | — | Not Voting |
| Pratt | — | Not Voting |
| 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 | Yea |
| 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 | Nay |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Yea |
| Mark Hart | Republican | Not Voting |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Not Voting |
| Mike Clines | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Not Voting |
| 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 | Not Voting |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 1 | 0 | 0 | 1 |
| Republican | 19 | 2 | 0 | 0 |
| Unaffiliated | 10 | 0 | 0 | 4 |
| Total | 30 | 2 | 0 | 5 |
| % of votes cast | 81% | 5% | 0% | 14% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Schickel | — | Yea |
| Westerfield | — | Yea |
| Thayer | — | Yea |
| Williams | — | Yea |
| Meredith | — | Yea |
| Thomas | — | Yea |
| Wilson | — | Yea |
| Nemes | — | Yea |
| Turner | — | Yea |
| Yates | — | Yea |
| Southworth | — | Not Voting |
| Southworth | — | Not Voting |
| Smith | — | Not Voting |
| Harper Angel | — | Not Voting |
| Gerald A. Neal | Democrat | Not Voting |
| Karen Berg | Democrat | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Nay |
| Gary Boswell | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Phillip Wheeler | Republican | Nay |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 94 do?
- Amend KRS 314.042 to establish requirements related to "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Nonscheduled Legend Drugs" (CAPA-NS) and "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances" (CAPA-CS); establish the CAPA-CS Committee; establish membership and duties of the committee; create a new section of KRS Chapter 218A to establish the Controlled Substances Prescribing Council; establish membership, duties, and reporting requirements of the council.
- What is the current status of SB 94?
- This bill has been enacted into law. Introduced February 08, 2023. Enacted.
- Where can I track SB 94?
- Track SB 94 free on One Click Politics — get push/email alerts when it moves.
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