AN ACT relating to veterinarians and declaring an emergency.

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AN ACT relating to veterinarians and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218A.025 is amended to read as follows: 3
(1) The Controlled Substances Prescribing Council is hereby established under the 4
Office of the Inspector General. The council shall consist of the following fifteen 5
(15) members: 6
(a) The Inspector General of the Cabinet for Health and Family Services, who 7
shall serve as chair of the council; 8
(b) The executive director of the Office of Drug Control Policy; 9
(c) Two (2) currently licensed prescribers of scheduled drugs selected by the 10
Kentucky Board of Dentistry, one (1) of whom shall be a dentist and one (1) 11
of whom shall be an oral surgeon; 12
(d) Three (3) [Four (4)] licensed physicians who currently prescribe sche duled 13
drugs selected by the Kentucky Board of Medical Licensure, one (1) of whom 14
shall have a specialty in primary care,[ one (1) of whom shall have a specialty 15
in emergency medicine,] one (1) of whom shall have a specialty in psychiatry 16
or addiction medic ine, and one (1) of whom shall have a specialty in pain 17
management; 18
(e) Three (3) [Four (4)] licensed advanced practice registered nurses who 19
currently prescribe scheduled drugs selected by the Kentucky Board of 20
Nursing, one (1) of whom shall have a special ty in primary care, [ one (1) of 21
whom shall have a specialty in acute care,] one (1) of whom shall have a 22
specialty in psychiatric mental health or addiction, and one (1) of whom shall 23
have a specialty in pain management; 24
(f) One (1) licensed prescriber of scheduled drugs selected by the Kentucky 25
Board of Optometric Examiners; 26
(g) One (1) licensed prescriber of scheduled drugs selected by the Kentucky 27
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Board of Podiatry;[ and] 1
(h) One (1) licensed pharmacist selected by the Kentucky Board of Pharmacy ; 2
and 3
(i) Two (2) licensed veterinarians who currently prescribe and dispense 4
scheduled drugs selected by the Kentucky Board of Veterinary Examiners, 5
one (1) of whom shall have a specialty in livestock as defined in KRS 6
257.010, and one (1) of whom shall have a specialty in equine medicine. 7
(2) The council shall meet at least quarterly to discuss matters relating to the safe and 8
appropriate prescribing and dispensing of controlled substances, including: 9
(a) The review of quarterly reports issued by the Office of the Inspector General 10
pursuant to KRS 218A.202(9) to identify potential improper, inappropriate, or 11
illegal prescribing or dispensing of controlled substances by examining 12
aggregate patterns of prescribing by profession of the prescriber and county 13
where the medication was prescribed and dispensed; 14
(b) Recommendations for improvements in data collection and reporting by the 15
electronic system for monitoring controlled substances pursuant to KRS 16
218A.202; 17
(c) Recommendations for best prescribing practices based on up-to-date research; 18
(d) Recommendations to the professional licensing boards for actions to aid in 19
enforcing current law, reviewing prescribing and dispensing data, and 20
correcting improper, inappropriate, or illegal prescribing or dispensing of a 21
controlled substance; and 22
(e) Development and communication of any recommendations, based on review 23
of data or research, to each licensure board. The licensure boards shall 24
respond in writing to the panel within ninety (90) days of receiving the 25
recommendations with an explanation of their response to the 26
recommendations. 27
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(3) The council may request information from the licensure boards regarding their 1
procedures for conducting investigations and taking actions regarding the possible 2
improper, inappropriate, or illegal prescribing or dispensing of controlled 3
substances. 4
(4) On or before [December 31, 2024, and each ]December 31 of each year[thereafter], 5
the council shall submit an annual report to the Governor and the Legislative 6
Research Commission for referral to the Interim Joint Committee on Health 7
Services. The annual report shall: 8
(a) List the council's meeting dates and topics for the preceding year; 9
(b) Provide relevant statistical information, including a summary of the aggregate 10
patterns by profession of prescriber and by county, of potential improper, 11
inappropriate, or illegal prescribing or dispensing of a controlled substance; 12
(c) Describe the efforts made by the council to share information among the 13
licensure boards related to improving the safe and appropriate prescribing and 14
dispensing of controlled substances; 15
(d) Summarize responses received from the licensure boards to the panel's 16
recommendations; and 17
(e) Provide any policy recommendations, including recommendations for 18
statutory or administrative regulation changes intended to improve prescribing 19
and dispensing practices and prevent improper, inappropriate, or illegal 20
prescribing or dispensing of controlled substances. 21
(5) The council shall not make any recommendations related to the scope of pra ctice of 22
any prescribing or dispensing professionals. 23
(6) The council shall be attached to the Office of the Inspector General for 24
administrative purposes. 25
(7) Members shall not receive any additional compensation for their service on the 26
council but shall be reimbursed for all necessary expenses. 27
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Section 2. KRS 218A.202 is amended to read as follows: 1
(1) As used in this section: 2
(a) "Cabinet" means the Cabinet for Health and Family Services; 3
(b) "Cannabis business" has the same meaning as in KRS 218B.010; 4
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled 5
substance and does not include medicinal cannabis; 6
(d) "Dispensary" has the same meaning as in KRS 218B.010; 7
(e) "Dispensary agent" has the same meaning as in KRS 218B.010; 8
(f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010; 9
(g) "Medicinal cannabis" has the same meaning as in KRS 218B.010; 10
(h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010; 11
(i) "Registry identification card" has the same meaning as in KRS 218B.010; 12
(j) "State licensing board" has the same meaning as in KRS 218B.010; 13
(k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and 14
(l) "Written certification" has the same meaning as in KRS 218B.010. 15
(2) The cabinet shall establish and maintain an electronic system for monitoring 16
Schedules II, III, IV, and V controlled substances and me dicinal cannabis. The 17
cabinet may contract for the design, upgrade, or operation of this system if the 18
contract preserves all of the rights, privileges, and protections guaranteed to 19
Kentucky citizens under this chapter and the contract requires that all o ther aspects 20
of the system be operated in conformity with the requirements of this or any other 21
applicable state or federal law. 22
(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV, 23
or V controlled substances: 24
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled 25
substances to humans shall register with the cabinet to use the system 26
provided for in this section and shall maintain such registration continuously 27
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during the practitioner's or pharmacist's term of licensure and shall not have to 1
pay a fee or tax specifically dedicated to the operation of the system; 2
(b) Every practitioner or pharmacy which dispenses a controlled substance to a 3
person in Kentucky, or to a person at an address in Kent ucky, shall report to 4
the cabinet the data required by this section, which includes the reporting of 5
any Schedule II controlled substance dispensed at a facility licensed by the 6
cabinet and a Schedule II through Schedule V controlled substance regardless 7
of dosage when dispensed by the emergency department of a hospital to an 8
emergency department patient. Reporting shall not be required for: 9
1. A drug administered directly to a patient in a hospital, a resident of a 10
health care facility licensed under KRS C hapter 216B, a resident of a 11
child-caring facility as defined by KRS 199.011, or an individual in a 12
jail, correctional facility, or juvenile detention facility; 13
2. A Schedule III through Schedule V controlled substance dispensed by a 14
facility licensed by t he cabinet provided that the quantity dispensed is 15
limited to an amount adequate to treat the patient for a maximum of 16
forty-eight (48) hours and is not dispensed by the emergency department 17
of a hospital; or 18
3. A drug administered or dispensed to a resear ch subject enrolled in a 19
research protocol approved by an institutional review board that has an 20
active federalwide assurance number from the United States Department 21
of Health and Human Services, Office for Human Research Protections, 22
where the research i nvolves single, double, or triple blind drug 23
administration or is additionally covered by a certificate of 24
confidentiality from the National Institutes of Health; 25
(c) In addition to the data required by paragraph (d) of this subsection, a 26
Kentucky-licensed acute care hospital or critical access hospital shall report to 27
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the cabinet all positive toxicology screens that were performed by the 1
hospital's emergency department to evaluate the patient's suspected drug 2
overdose; 3
(d) Data for each controlled substanc e that is reported shall include but not be 4
limited to the following: 5
1. Patient identifier; 6
2. National drug code of the drug dispensed; 7
3. Date of dispensing; 8
4. Quantity dispensed; 9
5. Prescriber; and 10
6. Dispenser; 11
(e) The data shall be provided in the e lectronic format specified by the cabinet 12
unless a waiver has been granted by the cabinet to an individual dispenser. 13
The cabinet shall establish acceptable error tolerance rates for data. 14
Dispensers shall ensure that reports fall within these tolerances. Incomplete or 15
inaccurate data shall be corrected upon notification by the cabinet if the 16
dispenser exceeds these error tolerance rates; 17
(f) The cabinet shall only disclose data to persons and entities authorized to 18
receive that data under this subsection. Disclosure to any other person or 19
entity, including disclosure in the context of a civil action where the 20
disclosure is sought either for the purpose of discovery or for evidence, is 21
prohibited unless specifically authorized by this section. The cabinet sh all be 22
authorized to provide data to: 23
1. A designated representative of a board responsible for the licensure, 24
regulation, or discipline of practitioners, pharmacists, or other person 25
who is authorized to prescribe, administer, or dispense controlled 26
substances and who is involved in a bona fide specific investigation 27
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involving a designated person; 1
2. Employees of th e Office of the Inspector General of the cabinet who 2
have successfully completed training for the electronic system and who 3
have been approved to use the system, federal prosecutors, Kentucky 4
Commonwealth's attorneys and assistant Commonwealth's attorneys, 5
county attorneys and assistant county attorneys, a peace officer certified 6
pursuant to KRS 15.380 to 15.404, a certified or full -time peace officer 7
of another state, or a federal agent whose duty is to enforce the laws of 8
this Commonwealth, of another sta te, or of the United States relating to 9
drugs and who is engaged in a bona fide specific investigation involving 10
a designated person; 11
3. A state-operated Medicaid program in conformity with paragraph (g) of 12
this subsection; 13
4. A properly convened grand jur y pursuant to a subpoena properly issued 14
for the records; 15
5. A practitioner or pharmacist, or employee of the practitioner's or 16
pharmacist's practice acting under the specific direction of the 17
practitioner or pharmacist, who certifies that the requested in formation 18
is for the purpose of: 19
a. Providing medical or pharmaceutical treatment to a bona fide 20
current or prospective patient; 21
b. Reviewing data on controlled substances that have been reported 22
for the birth mother of an infant who is currently being tre ated by 23
the practitioner for neonatal abstinence syndrome, or has 24
symptoms that suggest prenatal drug exposure; or 25
c. Reviewing and assessing the individual prescribing or dispensing 26
patterns of the practitioner or pharmacist or to determine the 27
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accuracy a nd completeness of information contained in the 1
monitoring system; 2
6. The chief medical officer of a hospital or long -term-care facility, an 3
employee of the hospital or long -term-care facility as designated by the 4
chief medical officer and who is working u nder his or her specific 5
direction, or a physician designee if the hospital or facility has no chief 6
medical officer, if the officer, employee, or designee certifies that the 7
requested information is for the purpose of providing medical or 8
pharmaceutical treatment to a bona fide current or prospective patient or 9
resident in the hospital or facility; 10
7. In addition to the purposes authorized under subparagraph 1. of this 11
paragraph, the Kentucky Board of Medical Licensure, for any physician 12
who is: 13
a. Associated in a partnership or other business entity with a 14
physician who is already under investigation by the Board of 15
Medical Licensure for improper prescribing or dispensing 16
practices; 17
b. In a designated geographic area for which a trend report indicates 18
a su bstantial likelihood that inappropriate prescribing or 19
dispensing may be occurring; or 20
c. In a designated geographic area for which a report on another 21
physician in that area indicates a substantial likelihood that 22
inappropriate prescribing or dispensing m ay be occurring in that 23
area; 24
8. In addition to the purposes authorized under subparagraph 1. of this 25
paragraph, the Kentucky Board of Nursing, for any advanced practice 26
registered nurse who is: 27
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a. Associated in a partnership or other business entity with a 1
physician who is already under investigation by the Kentucky 2
Board of Medical Licensure for improper prescribing or 3
dispensing practices; 4
b. Associated in a partnership or other business entity with an 5
advanced practice registered nurse who is already un der 6
investigation by the Board of Nursing for improper prescribing 7
practices; 8
c. In a designated geographic area for which a trend report indicates 9
a substantial likelihood that inappropriate prescribing or 10
dispensing may be occurring; or 11
d. In a designate d geographic area for which a report on a physician 12
or another advanced practice registered nurse in that area indicates 13
a substantial likelihood that inappropriate prescribing or 14
dispensing may be occurring in that area; 15
9. A judge or a probation or parol e officer administering a diversion or 16
probation program of a criminal defendant arising out of a violation of 17
this chapter or of a criminal defendant who is documented by the court 18
as a substance abuser who is eligible to participate in a court -ordered 19
drug diversion or probation program; or 20
10. A medical examiner engaged in a death investigation pursuant to KRS 21
72.026; 22
(g) The Department for Medicaid Services shall use any data or reports from the 23
system for the purpose of identifying Medicaid providers o r recipients whose 24
prescribing, dispensing, or usage of controlled substances may be: 25
1. Appropriately managed by a single outpatient pharmacy or primary care 26
physician; or 27
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2. Indicative of improper, inappropriate, or illegal prescribing or 1
dispensing prac tices by a practitioner or drug seeking by a Medicaid 2
recipient; 3
(h) A person who receives data or any report of the system from the cabinet shall 4
not provide it to any other person or entity except as provided in this 5
subsection, in another statute, or by order of a court of competent jurisdiction 6
and only to a person or entity authorized to receive the data or the report 7
under this section, except that: 8
1. A person specified in paragraph (f)2. of this subsection who is 9
authorized to receive data or a repo rt may share that information with 10
any other persons specified in paragraph (f)2. of this subsection 11
authorized to receive data or a report if the persons specified in 12
paragraph (f)2. of this subsection are working on a bona fide specific 13
investigation involving a designated person. Both the person providing 14
and the person receiving the data or report under this subparagraph shall 15
document in writing each person to whom the data or report has been 16
given or received and the day, month, and year that the data or report 17
has been given or received. This document shall be maintained in a file 18
by each agency engaged in the investigation; 19
2. A representative of the Department for Medicaid Services may share 20
data or reports regarding overutilization by Medicaid reci pients with a 21
board designated in paragraph (f)1. of this subsection, or with a law 22
enforcement officer designated in paragraph (f)2. of this subsection; 23
3. The Department for Medicaid Services may submit the data as evidence 24
in an administrative hearing held in accordance with KRS Chapter 13B; 25
4. If a state licensing board as defined in KRS 218A.205 initiates formal 26
disciplinary proceedings against a licensee, and data obtained by the 27
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board is relevant to the charges, the board may provide the data to the 1
licensee and his or her counsel, as part of the notice process required by 2
KRS 13B.050, and admit the data as evidence in an administrative 3
hearing conducted pursuant to KRS Chapter 13B, with the board and 4
licensee taking all necessary steps to prevent fur ther disclosure of the 5
data; and 6
5. A practitioner, pharmacist, or employee who obtains data under 7
paragraph (f)5. of this subsection may share the report with the patient 8
or person authorized to act on the patient's behalf. Any practitioner, 9
pharmacist, or employee who obtains data under pa ragraph (f)5. of this 10
subsection may place the report in the patient's medical record, in which 11
case the individual report shall then be deemed a medical record subject 12
to disclosure on the same terms and conditions as an ordinary medical 13
record in lieu of the disclosure restrictions otherwise imposed by this 14
section; 15
(i) The cabinet, all peace officers specified in paragraph (f)2. of this subsection, 16
all officers of the court, and all regulatory agencies and officers, in using the 17
data for investigative or prosecution purposes, shall consider the nature of the 18
prescriber's and dispenser's practice and the condition for which the patient is 19
being treated; 20
(j) Intentional failure to comply with the reporting requirements of this 21
subsection shall be a Class B misdemeanor for the first offense and a Class A 22
misdemeanor for each subsequent offense;[ and] 23
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply 24
with this section, the cabinet shall notify the licensing board or agency 25
responsible for licensing the prescriber or dispenser. The licensing board shall 26
treat the notification as a complaint against the license; and 27
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(l) A veterinarian licensed in Kentucky prescribing, administering, or 1
dispensing controlled substances to animals shall not be required by 2
administrative regulation or any other means to report the prescribing, 3
administering, or dispensing of controlled substances to: 4
1. The Controlled Substances Prescribing Council; 5
2. The cabinet; or 6
3. Any other governmental entity except the Kentucky Board of 7
Veterinary Examiners. 8
(4) For the purpose of monitoring the cultivation, processing, production, 9
recommending, and dispensing of medicinal cannabis: 10
(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS 11
218B.050 to provide written certifications for the use of medicinal cannabis 12
and every cannabis business licensed under KRS 218B.080, 218B.085, and 13
218B.090 shall register with the cabinet to use the system provided for in this 14
section and shall maintain such registration continuously during the medicinal 15
cannabis practitioner's authorization to provide written certifications or a 16
cannabis business's term of licensure and shall not have to pay a fee or tax 17
specifically dedicated to the operation of the system; 18
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided 19
for in this section allows: 20
1. Medicinal cannabis practitioners to record the issuance of written 21
certifications to a patient as required by KRS 218B.050; 22
2. The cabinet, law enforcement personnel, and dispensary agents to verify 23
the validity of registry identification cards issued by the cabinet. When 24
verifying the validity of an identification card, the system shall only 25
disclose whether the identification card is valid a nd whether the 26
cardholder is a registered qualified patient, visiting qualified patient, or 27
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designated caregiver; 1
3. Dispensary agents to record the amount of medicinal cannabis that is 2
dispensed to a cardholder during each transaction, as required by KRS 3
218B.110; 4
4. Law enforcement personnel and dispensary agents to access medicinal 5
cannabis sales data recorded by dispensary agents pursuant to KRS 6
218B.110; 7
5. The sharing of dispensing data recorded by dispensary agents, pursuant 8
to KRS 218B.110, with all licensed dispensaries in real time; 9
6. Licensed cannabis businesses to record data required by administrative 10
regulations promulgated pursuant to KRS 218B.140 to facilitate the 11
tracking of medicinal cannabis from the point of cultivation to the point 12
of sale to cardholders; and 13
7. The cabinet to track all medicinal cannabis in the state from the point of 14
cultivation to the point of sale to a cardholder; 15
(c) The cabinet shall only disclose data related to the cultivation, production, 16
recommending, and dispe nsing of medicinal cannabis to persons and entities 17
authorized to receive that data under this subsection. Disclosure to any other 18
person or entity, including disclosure in the context of a civil action where the 19
disclosure is sought either for the purpose of discovery or for evidence, is 20
prohibited unless specifically authorized by this subsection. The cabinet shall 21
be authorized to provide data to: 22
1. Any person or entity authorized to receive data pursuant to paragraph 23
(b) of this subsection; 24
2. A designated representative of a state licensing board responsible for the 25
licensure, regulation, or discipline of medicinal cannabis practitioners 26
and who is involved in a bona fide specific investigation involving a 27
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designated person; 1
3. Employees of the Office of the Inspector General of the cabinet who 2
have successfully completed training for the electronic system and who 3
have been approved to use the system, Kentucky Commonwealth's 4
attorneys and assistant Commonwealth's attorneys, and county attorneys 5
and assistant county attorneys who are engaged in a bona fide specific 6
investigation involving a designated person; 7
4. A properly convened grand jury pursuant to a subpoena properly issued 8
for the records; 9
5. A medicinal cannabis practitioner or an employee of a m edicinal 10
cannabis practitioner's practice acting under the specific direction of the 11
medicinal cannabis practitioner, who certifies that the request for 12
information is for the purpose of complying with KRS 218B.050(4)(c); 13
6. The chief medical officer of a hospital or long -term-care facility, an 14
employee of the hospital or long -term-care facility as designated by the 15
chief medical officer and who is working under his or her specific 16
direction, or a physician designee if the hospital or facility has no chief 17
medical officer, if the officer, employee, or designee certifies that the 18
requested information is for the purpose of providing medical or 19
pharmaceutical treatment to a bona fide current or prospective patient or 20
resident in the hospital or facility; 21
7. In addition to the purposes authorized under subparagraph 2. of this 22
paragraph, the Kentucky Board of Medical Licensure, for any physician 23
who is: 24
a. Associated in a partnership, other business entity, or supervision 25
agreement established pursuant to KRS 311 .854 with a physician 26
who is already under investigation by the Board of Medical 27
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Licensure for improper issuance of written certifications; 1
b. Associated in a partnership or other business entity with an 2
advanced practice registered nurse who is already under 3
investigation by the Board of Nursing for improper issuance of 4
written certifications; 5
c. In a designated geographic area for which a trend report indicates 6
a substantial likelihood that inappropriate issuance of written 7
certifications may be occurring; or 8
d. In a designated geographic area for which a report on another 9
physician in that area indicates a substantial likelihood that 10
inappropriate issuance of written certifications may be occurring in 11
that area; 12
8. In addition to the purposes authorized under subparagraph 2. of this 13
paragraph, the Kentucky Board of Nursing, for any advanced practice 14
registered nurse who is: 15
a. Associated in a pa rtnership or other business entity with a 16
physician who is already under investigation by the Kentucky 17
Board of Medical Licensure for improper issuance of written 18
certifications; 19
b. Associated in a partnership or other business entity with an 20
advanced prac tice registered nurse who is already under 21
investigation by the Board of Nursing for improper issuance of 22
written certifications; 23
c. In a designated geographic area for which a trend report indicates 24
a substantial likelihood that inappropriate issuance of written 25
certifications may be occurring; or 26
d. In a designated geographic area for which a report on another 27
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advanced practice registered nurse in that area indicates a 1
substantial likelihood that inappropriate issuance of written 2
certifications may be occurring in that area; 3
9. A judge or a probation or parole officer administering a diversion or 4
probation program of a criminal defendant arising out of a violation of 5
this chapter or of a criminal defendant who is documented by the court 6
as a substance abus er who is eligible to participate in a court -ordered 7
drug diversion or probation program; 8
10. A medical examiner engaged in a death investigation pursuant to KRS 9
72.026; or 10
11. The Legislative Research Commission, the University of Kentucky 11
College of Medi cine, or the Kentucky Center for Cannabis established 12
in KRS 164.983 if the cabinet determines that disclosing data related to 13
the cultivation, production, recommending, and dispensing of medicinal 14
cannabis to the Legislative Research Commission, the Unive rsity of 15
Kentucky College of Medicine, or the Kentucky Center for Cannabis is 16
necessary to comply with the reporting requirements established in KRS 17
218B.020(8); and 18
(d) A person who receives data or any report of the system from the cabinet shall 19
not provide it to any other person or entity except as provided in this section, 20
in another statute, or by order of a court of competent jurisdiction and only to 21
a person or entity authorized to receive the data or the report under this 22
section, except that: 23
1. A person specified in paragraph (c)3. of this subsection who is 24
authorized to receive data or a report may share that information with 25
any other persons specified in paragraph (c)3. of this subsection 26
authorized to receive data or a report if the persons spe cified in 27
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paragraph (c)3. of this subsection are working on a bona fide specific 1
investigation involving a designated person. Both the person providing 2
and the person receiving the data or report under this subparagraph shall 3
document in writing each perso n to whom the data or report has been 4
given or received and the day, month, and year that the data or report 5
has been given or received. This document shall be maintained in a file 6
by each agency engaged in the investigation; 7
2. If a state licensing board initiates formal disciplinary proceedings 8
against a licensee, and data obtained by the board is relevant to the 9
charges, the board may provide the data to the licensee and his or her 10
counsel, as part of the notice process required by KRS 13B.050, and 11
admit the data as evidence in an administrative hearing conducted 12
pursuant to KRS Chapter 13B, with the board and licensee taking all 13
necessary steps to prevent further disclosure of the data; and 14
3. A medicinal cannabis practitioner or an employee of a medicin al 15
cannabis practitioner's practice acting under the specific direction of the 16
medicinal cannabis practitioner who obtains data under paragraph (c)5. 17
of this subsection may share the report with the patient or person 18
authorized to act on the patient's beha lf. Any medicinal cannabis 19
practitioner or employee who obtains data under paragraph (c)5. of this 20
subsection may place the report in the patient's medical record, in which 21
case the individual report shall then be deemed a medical record subject 22
to disclosure on the same terms and conditions as an ordinary medical 23
record in lieu of the disclosure restrictions otherwise imposed by this 24
section. 25
(5) The data contained in, and any report obtained from, the electronic system for 26
monitoring established pursuant to this section shall not be a public record, except 27
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that the Department for Medicaid Services may submit the data as evidence in an 1
administrative hearing held in accordance with KRS Chapter 13B. 2
(6) Intentional disclosure of transmitted data to a person not authorized by subsection 3
(3)(f) to (h) or (4)(c) and (d) of this section or authorized by KRS 315.121, or 4
obtaining information under this section not relating to a bona fide current or 5
prospective patient or a bona fide specific investigation, shall b e a Class B 6
misdemeanor for the first offense and a Class A misdemeanor for each subsequent 7
offense. 8
(7) The cabinet may, by promulgating an administrative regulation, limit the length of 9
time that data remain in the electronic system. Any data removed fro m the system 10
shall be archived and subject to retrieval within a reasonable time after a request 11
from a person authorized to review data under this section. 12
(8) (a) The Cabinet for Health and Family Services shall work with each board 13
responsible for the l icensure, regulation, or discipline of practitioners, 14
pharmacists, or other persons who are authorized to prescribe, administer, or 15
dispense controlled substances for the development of a continuing education 16
program about the purposes and uses of the elec tronic system for monitoring 17
established in this section. 18
(b) The cabinet shall work with each board responsible for the licensure, 19
regulation, or discipline of medicinal cannabis practitioners for the 20
development of a continuing education program about th e purposes and uses 21
of the electronic system for monitoring established in this section. 22
(c) The cabinet shall work with the Kentucky Bar Association for the 23
development of a continuing education program for attorneys about the 24
purposes and uses of the ele ctronic system for monitoring established in this 25
section. 26
(d) The cabinet shall work with the Justice and Public Safety Cabinet for the 27
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development of a continuing education program for law enforcement officers 1
about the purposes and uses of the electroni c system for monitoring 2
established in this section. 3
(e) The cabinet shall develop a training program for cannabis business agents 4
about the purposes and uses of the electronic system for monitoring 5
established in this section. 6
(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify 7
patterns of potential improper, inappropriate, or illegal prescribing or dispensing of 8
a controlled substance, issuance of written certifications, or cultivation, processing, 9
or dispensing of me dicinal cannabis. The Office of Inspector General may 10
independently investigate and submit findings and recommendations to the 11
appropriate boards of licensure or other reporting agencies. 12
(10) The cabinet shall promulgate administrative regulations to impl ement the 13
provisions of this section. Included in these administrative regulations shall be: 14
(a) An error resolution process allowing a patient to whom a report had been 15
disclosed under subsections (3) and (4) of this section to request the correction 16
of inaccurate information contained in the system relating to that patient; and 17
(b) A requirement tha t data be reported to the system under subsection (3)(b) of 18
this section within one (1) day of dispensing. 19
(11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward 20
data regarding any felony or Class A misdemeanor conviction that involves 21
the trafficking or possession of a controlled substance or other prohibited acts 22
under KRS Chapter 218A for the previous five (5) calendar years to the 23
cabinet for inclusion in the electronic monitoring system established under 24
this section. On or after July 1, 2018, such data shall be forwarded by the 25
Administrative Office of the Courts to the cabinet on a continuing basis. The 26
cabinet shall incorporate the data received into the system so that a query by 27
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patient name indicates any prior drug conviction. 1
(b) Before July 1, 2024, the Administrative Office of the Courts shall forward all 2
available data regarding any disqualifying felony offense for the previous five 3
(5) calendar years to the cabinet for inclusion in the electronic monitoring 4
system established under this section. On or after July 1, 2024, such data shall 5
be forwarded by the Administrative Office of the Courts to the cabinet on a 6
continuing basis. The cabinet shall incorporate the data received into the 7
system so that a query by patien t name indicates any prior disqualifying 8
felony conviction. 9
Section 3. Whereas it is imperative to bring Kentucky's regulatory policies in 10
line with the requirements set forth by the General Assembly, an emergency is dec lared 11
to exist, and this Act takes effect upon its passage and approval by the Governor or upon 12
its otherwise becoming a law. 13