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UNOFFICIAL COPY 26 RS BR 1411
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AN ACT relating to administrative regulations for medications for substance use 1
disorder and declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The General Assembly finds that the following administrative regulations and 6
any proposed amendments to the following administrative regulations are 7
deficient: 8
(a) 201 KAR 9:270, Professional standards for prescribing, dispensing, or 9
administering Buprenorphine-Mono-Product or Buprenorphine-Combined-10
with-Naloxone; and 11
(b) 201 KAR 20:065, Professional standards for prescribing Buprenorphine -12
MonoProduct or Buprenorphine -Combined-with-Naloxone by APRNs for 13
medication assisted treatment for opioid use disorder. 14
(2) Contrary provisions of any section of the Kentucky Revised Statutes 15
notwithstanding, the administrative regulations and any proposed amendments to 16
the administrative regulations referenced in subsection (1) of this section shall be 17
null, void, and unenforceable as of the effective date of this Act. 18
(3) Contrary provisions of any section of the Kentucky Revised Statutes 19
notwithstanding, the administrative bodies shall be prohibited from promulgating 20
administrative regulations that are identical to, or substa ntially the same as, the 21
administrative regulations and any proposed amendments to the administrative 22
regulations referenced in subsection (1) of this section. 23
(4) The administrative regulations and any proposed amendments to the 24
administrative regulations referenced in subsection (1) of this section shall be 25
available to the public, in the office of the Legislative Research Commission's 26
regulations compiler. 27
UNOFFICIAL COPY 26 RS BR 1411
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SECTION 2. A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) Notwithstanding any state law or administrative regulation to the contrary, the 3
State Board of Medical Licensure shall not promulgate any administrative 4
regulation that restricts or limits the prescribing, dispensing, or administering of 5
buprenorphine-mono-product, buprenorphine -combined-with-naloxone, or any 6
other Schedule III, IV, or V medication approved by the United States Food and 7
Drug Administration for the treatment of a substance use disorder. 8
(2) Subsection (1) of this section shal l not prohibit the board from promulgating or 9
enforcing administrative regulations in accordance with KRS Chapter 13A that 10
apply to the prescribing, dispensing, or administering of all controlled substances 11
in one (1) or more schedules of controlled substances, including but not limited to 12
201 KAR 9:260. 13
SECTION 3. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Notwithstanding any state law or administrative regulation to the contrary, the 16
Kentucky Board of Dentistry shall not promulgate any administrative regulation 17
that restricts or limits the prescribing, dispensing, or administering of 18
buprenorphine-mono-product, buprenorphine -combined-with-naloxone, or any 19
other Schedule III, IV, or V medication a pproved by the United States Food and 20
Drug Administration for the treatment of a substance use disorder. 21
(2) Subsection (1) of this section shall not prohibit the board from promulgating or 22
enforcing administrative regulations in accordance with KRS Chapte r 13A that 23
apply to the prescribing, dispensing, or administering of all controlled substances 24
in one (1) or more schedules of controlled substances, including but not limited to 25
201 KAR 8:540. 26
SECTION 4. A NEW SECTION O F KRS CHAPTER 314 IS CREATED TO 27
UNOFFICIAL COPY 26 RS BR 1411
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READ AS FOLLOWS: 1
(1) Notwithstanding any state law or administrative regulation to the contrary, the 2
Kentucky Board of Nursing shall not promulgate any administrative regulation 3
that restricts or limits the prescribing, disp ensing, or administering of 4
buprenorphine-mono-product, buprenorphine -combined-with-naloxone, or any 5
other Schedule III, IV, or V medication approved by the United States Food and 6
Drug Administration for the treatment of a substance use disorder. 7
(2) Subsection (1) of this section shall not prohibit the board from promulgating or 8
enforcing administrative regulations in accordance with KRS Chapter 13A that 9
apply to the prescribing, dispensing, or administering of all controlled substances 10
in one (1) or more schedules of controlled substances, including but not limited to 11
201 KAR 20:057. 12
SECTION 5. A NEW SECTION OF KRS CHAPTER 315 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Notwithstanding any state law or administrative regulation t o the contrary, the 15
Kentucky Board of Pharmacy shall not promulgate any administrative regulation 16
that restricts or limits the prescribing, dispensing, or administering of 17
buprenorphine-mono-product, buprenorphine -combined-with-naloxone, or any 18
other Schedule III, IV, or V medication approved by the United States Food and 19
Drug Administration for the treatment of a substance use disorder. 20
(2) Subsection (1) of this section shall not prohibit the board from promulgating or 21
enforcing administrative regulations in accordance with KRS Chapter 13A that 22
apply to the prescribing, dispensing, or administering of all controlled substances 23
in one (1) or more schedules of controlled substances. 24
Section 6. Whereas it is essential that the General Assembly promptly provide 25
effective access to drugs and medicines in the Commonwealth in order to provide for the 26
health and safety of citizens, an emergency is declared to exist, and this Act takes effect 27
UNOFFICIAL COPY 26 RS BR 1411
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upon its passage and approval by the Governor or upon its otherwise becoming a law. 1