Signed by Governor Steve Beshear

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires physicians to use the prescription drug monitoring system.

Highlights:

• Requires physicians to register to use the state’s prescription drug electronic monitoring system and to maintain that registration as long as they hold their medical license (Sec. 4).

• Specifies that each physician must report the controlled substances they have prescribed to the electronic monitoring system shortly after they prescribe them with the exceptions of (Sec. 4):
• A drug administered directly to the patient that is not a Schedule II substance or a Schedule III substance containing hydrocodone; or
• A drug dispensed in a limited amount adequate to treat the patient for 48 hour or less that is not a Schedule II substance or a Schedule III substance containing hydrocodone.

• Prohibit physicians from dispensing more than a 48 hour supply of a Schedule II substance or a Schedule III substance with hydrocodone unless the dispensing is part of a narcotic treatment program licensed by the Cabinet of Health and Family Services(Sec. 2).

• Requires a physician to do the following before prescribing or dispensing a Schedule II substance or a Schedule III substance with hydrocodone (Sec. 3):
• Obtain a complete medical history and perform a physical examination of the patient;
• Query the prescription electronic monitoring system for all available data on the patient;
• Make a written treatment plan stating the objectives of the treatment;
• Discuss the risks and benefits, including the risk of tolerance and drug dependence, of the controlled substance with the patient and the patient’s parents if the patient is a minor; and
• Obtain written consent for the treatment.

• Specifies that, in the following situations, a physician does not have to abide by the requirements of this law in regards to prescribing or dispensing controlled substances (Sec. 3):
• Administration of the drug by a physician immediately before or during surgery;
• Administration of the drug in emergency situations;
• Administration of the drug by a licensed pharmacist;
• Administration of the drug to a hospice patient by a licensee;
• Administration of a Schedule III, IV, or V drug by a licensed optometrist; or
• Administration of a 3 day supply of a Schedule III drug following oral surgery by a licensed dentist

• Limits eligibility for ownership of, or investment interest in, a pain management clinic to those with an active medical license, unless the clinic was already in existence before the effective date of this act (Sec. 1).

• Defines a “pain management facility” as a facility where the majority of the patients undergo treatment for pain that involves the use of controlled substances, and either the facility's “primary practice” is the treatment of pain or the facility advertises pain management services (Sec. 1).

• Requires all pain management clinics, even those already in existence before the effective date of this act, to adhere to the following regulations (Sec. 1):
• The clinic must have a physician physically present and practicing medicine for at least 50 percent of the time that patients are in the facility; and
• The physician must have certain certifications from certain professional medical organizations or have completed a residency or fellowship in pain management.

• Requires pain management facilities to accept private insurance as a form of payment (Sec. 1).

• Specifies that Kentucky will join the Prescription Monitoring Program interstate compact, which allows state governments to share prescription monitoring information with the governments of other states in the compact (Sec. 12).

• Requires state coroners to test a person for drugs in any case unless another cause of  death is clearly established (Sec. 7).

• Requires the coroner to report the death to the Kentucky State Police and other appropriate state agencies if the cause of death is found to be a drug overdose (Sec. 7).

• Requires a county or state attorney to notify the attorney general and state licensing boards within 3 days of an indictment of a “licensed person” in his or her jurisdiction relating to the improper proscribing or dispensing of controlled substances (Sec. 2).

• Specifies that pharmacies that have been robbed or have learned that a controlled substance they have shipped did not reach its destination must notify the Kentucky State Police within 3 business days of the missing controlled substances (Sec. 11).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires physicians to use the prescription drug monitoring system.

Highlights:

• Requires physicians to register to use the state’s prescription drug electronic monitoring system and to maintain that registration as long as they hold their medical license (Sec. 4).

• Specifies that each physician must report the controlled substances they have prescribed to the electronic monitoring system shortly after they prescribe them with the exceptions of (Sec. 4):
• A drug administered directly to the patient that is not a Schedule II substance or a Schedule III substance containing hydrocodone; or
• A drug dispensed in a limited amount adequate to treat the patient for 48 hour or less that is not a Schedule II substance or a Schedule III substance containing hydrocodone.

• Prohibit physicians from dispensing more than a 48 hour supply of a Schedule II substance or a Schedule III substance with hydrocodone unless the dispensing is part of a narcotic treatment program licensed by the Cabinet of Health and Family Services(Sec. 2).

• Requires a physician to do the following before prescribing or dispensing a Schedule II substance or a Schedule III substance with hydrocodone (Sec. 3):
• Obtain a complete medical history and perform a physical examination of the patient;
• Query the prescription electronic monitoring system for all available data on the patient;
• Make a written treatment plan stating the objectives of the treatment;
• Discuss the risks and benefits, including the risk of tolerance and drug dependence, of the controlled substance with the patient and the patient’s parents if the patient is a minor; and
• Obtain written consent for the treatment.

• Specifies that, in the following situations, a physician does not have to abide by the requirements of this law in regards to prescribing or dispensing controlled substances (Sec. 3):
• Administration of the drug by a physician immediately before or during surgery;
• Administration of the drug in emergency situations;
• Administration of the drug by a licensed pharmacist;
• Administration of the drug to a hospice patient by a licensee;
• Administration of a Schedule III, IV, or V drug by a licensed optometrist; or
• Administration of a 3 day supply of a Schedule III drug following oral surgery by a licensed dentist

• Limits eligibility for ownership of, or investment interest in, a pain management clinic to those with an active medical license, unless the clinic was already in existence before the effective date of this act (Sec. 1).

• Defines a “pain management facility” as a facility where the majority of the patients undergo treatment for pain that involves the use of controlled substances, and either the facility's “primary practice” is the treatment of pain or the facility advertises pain management services (Sec. 1).

• Requires all pain management clinics, even those already in existence before the effective date of this act, to adhere to the following regulations (Sec. 1):
• The clinic must have a physician physically present and practicing medicine for at least 50 percent of the time that patients are in the facility; and
• The physician must have certain certifications from certain professional medical organizations or have completed a residency or fellowship in pain management.

• Requires pain management facilities to accept private insurance as a form of payment (Sec. 1).

• Specifies that Kentucky will join the Prescription Monitoring Program interstate compact, which allows state governments to share prescription monitoring information with the governments of other states in the compact (Sec. 12).

• Requires state coroners to test a person for drugs in any case unless another cause of  death is clearly established (Sec. 7).

• Requires the coroner to report the death to the Kentucky State Police and other appropriate state agencies if the cause of death is found to be a drug overdose (Sec. 7).

• Requires a county or state attorney to notify the attorney general and state licensing boards within 3 days of an indictment of a “licensed person” in his or her jurisdiction relating to the improper proscribing or dispensing of controlled substances (Sec. 2).

• Specifies that pharmacies that have been robbed or have learned that a controlled substance they have shipped did not reach its destination must notify the Kentucky State Police within 3 business days of the missing controlled substances (Sec. 11).

Full Bill Text