KS
Kansas Senate Bill SB279

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB279 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 279
33 By Committee on Federal and State Affairs
44 2-22
55 AN ACT concerning the prescription monitoring program; relating to law
66 enforcement officials; granting law enforcement access to the
77 prescription monitoring program database without a warrant; replacing
88 the member of the program advisory committee representing the
99 Kansas bureau of investigation with the attorney general or the attorney
1010 general's designee; amending K.S.A. 65-1690 and K.S.A. 2022 Supp.
1111 65-1685 and 65-1689 and repealing the existing sections.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 Section 1. K.S.A. 2022 Supp. 65-1685 is hereby amended to read as
1414 follows: 65-1685. (a) The program database, all information contained
1515 therein and any records maintained by the board, or by any entity
1616 contracting with the board, submitted to, maintained or stored as a part of
1717 the database, including audit trail information, shall be privileged and
1818 confidential, shall not be subject to subpoena or discovery in civil
1919 proceedings and may only be used for investigatory or evidentiary
2020 purposes related to violations of state or federal law and regulatory
2121 activities of entities charged with administrative oversight of those
2222 individuals engaged in the prescribing or dispensing of scheduled
2323 substances and drugs of concern, shall not be a public record and shall not
2424 be subject to the Kansas open records act, K.S.A. 45-215 et seq., and
2525 amendments thereto, except as provided in subsections (c) and (d).
2626 (b) The board shall maintain procedures to ensure that the privacy
2727 and confidentiality of patients and patient information collected, recorded,
2828 transmitted and maintained is not disclosed to individuals except as
2929 provided in subsections (c) and (d).
3030 (c) The board is hereby authorized to provide data in the program to
3131 the following individuals:
3232 (1) Individuals authorized to prescribe or dispense scheduled
3333 substances and drugs of concern, for the purpose of providing medical or
3434 pharmaceutical care for their patients;
3535 (2) an individual who requests the individual's own prescription
3636 monitoring information in accordance with procedures established by the
3737 board;
3838 (3) designated representatives from the professional licensing,
3939 certification or regulatory agencies charged with administrative oversight
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7676 of those individuals engaged in the prescribing or dispensing of scheduled
7777 substances and drugs of concern;
7878 (4) local, state and federal law enforcement or prosecutorial officials
7979 engaged in the administration, investigation or enforcement of the laws
8080 governing scheduled substances and drugs of concern subject to the
8181 requirements in K.S.A. 22-2502, and amendments thereto;
8282 (5) designated representatives from the department of health and
8383 environment regarding authorized medicaid program recipients or
8484 practitioners;
8585 (6) individuals authorized by a grand jury subpoena, inquisition
8686 subpoena or court order in a criminal action;
8787 (7) personnel of the prescription monitoring program advisory
8888 committee for the purpose of operation of the program;
8989 (8) personnel of the board for purposes of operation of the program
9090 and administration and enforcement of this act or the uniform controlled
9191 substances act, K.S.A. 65-4101 et seq., and amendments thereto;
9292 (9) individuals authorized to prescribe or dispense scheduled
9393 substances and drugs of concern, when an individual is obtaining
9494 prescriptions in a manner that appears to be misuse, abuse or diversion of
9595 scheduled substances or drugs of concern;
9696 (10) medical examiners, coroners or other individuals authorized
9797 under law to investigate or determine causes of death;
9898 (11) persons operating a practitioner or pharmacist impaired provider
9999 program in accordance with K.S.A. 65-4924, and amendments thereto, for
100100 the purpose of reviewing drugs dispensed to a practitioner or pharmacist
101101 enrolled in the program;
102102 (12) delegates of individuals authorized by paragraphs (1), (9) and
103103 (10);
104104 (13) individuals or organizations notified by the advisory committee
105105 as provided in subsection (g);
106106 (14) practitioners or pharmacists conducting research approved by an
107107 institutional review board who have obtained patient consent for the
108108 release of program data; and
109109 (15) an overdose fatality review board established by the state of
110110 Kansas.
111111 (d) An individual registered for access to the program database shall
112112 notify the board in writing within 30 calendar days of any action that
113113 would disqualify the individual from being authorized to receive program
114114 data as provided in subsection (c).
115115 (e) The state board of healing arts, board of nursing, Kansas dental
116116 board and board of examiners in optometry shall notify the board in
117117 writing within 30 calendar days of any denial, suspension, revocation or
118118 other administrative limitation of a practitioner's license or registration that
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162162 would disqualify the practitioner from being authorized to receive program
163163 data as provided in subsection (c).
164164 (f) A practitioner or pharmacist shall notify the board in writing
165165 within 30 calendar days of any action that would disqualify a delegate
166166 from being authorized to receive program data on behalf of the practitioner
167167 or pharmacist.
168168 (g) The prescription monitoring program advisory committee
169169 established pursuant to K.S.A. 65-1689, and amendments thereto, is
170170 authorized to review and analyze program data for purposes of identifying
171171 patterns and activity of concern.
172172 (1) If a review of information appears to indicate an individual may
173173 be obtaining prescriptions in a manner that may represent misuse or abuse
174174 of scheduled substances and drugs of concern, the advisory committee is
175175 authorized to notify the prescribers and dispensers who prescribed or
176176 dispensed the prescriptions. If the review does not identify a recent
177177 prescriber as a point of contact for potential clinical intervention, the
178178 advisory committee is authorized to notify the disability and behavioral
179179 health services section of the Kansas department for aging and disability
180180 services for the purpose of offering confidential treatment services. Further
181181 disclosure of information is prohibited. If the review identifies patterns or
182182 other evidence sufficient to create a reasonable suspicion of criminal
183183 activity, the advisory committee is authorized to notify the appropriate law
184184 enforcement agency.
185185 (2) If a review of information appears to indicate that a violation of
186186 state or federal law relating to prescribing scheduled substances and drugs
187187 of concern may have occurred, or that a prescriber or dispenser has
188188 knowingly prescribed, dispensed or obtained scheduled substances and
189189 drugs of concern in a manner that is inconsistent with recognized standards
190190 of care for the profession, the advisory committee shall determine whether
191191 a report to the professional licensing, certification or regulatory agencies
192192 charged with administrative oversight of those individuals engaged in
193193 prescribing or dispensing of scheduled substances and drugs of concern or
194194 to the appropriate law enforcement agency is warranted.
195195 (A) For purposes of such determination the advisory committee may,
196196 in consultation with the appropriate regulatory agencies and professional
197197 organizations, establish criteria regarding appropriate standards and utilize
198198 volunteer peer review committees of professionals with expertise in the
199199 particular practice to create such standards and review individual cases.
200200 (B) The peer review committee or committees appointed herein shall
201201 have authority to request and receive information in the program database
202202 from the director of the program.
203203 (C) If the determination is made that a referral to a regulatory or law
204204 enforcement agency is not warranted but educational or professional
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248248 advising might be appropriate, the advisory committee may refer the
249249 prescribers or dispensers to other such resources.
250250 (3) If a review of information appears to indicate that program data
251251 has been accessed or used in violation of state or federal law, the advisory
252252 committee shall determine whether a report to the professional licensing,
253253 certification or regulatory agencies charged with administrative oversight
254254 of those individuals engaged in prescribing or dispensing of scheduled
255255 substances and drugs of concern is warranted and may make such report.
256256 (h) The board is hereby authorized to provide program data to public
257257 or private entities for statistical, research or educational purposes after
258258 removing information that could be used to identify individual
259259 practitioners, dispensers, patients or individuals who received prescriptions
260260 from dispensers.
261261 (i) The board is hereby authorized to provide a medical care facility
262262 with its program data for statistical, research or education purposes after
263263 removing information that could be used to identify individual
264264 practitioners or individuals who received prescriptions from dispensers.
265265 (j) The board may, in its discretion, block any user's access to the
266266 program database if the board has reason to believe that access to the data
267267 is or may be used by such user in violation of state or federal law.
268268 Sec. 2. K.S.A. 2022 Supp. 65-1689 is hereby amended to read as
269269 follows: 65-1689. (a) There is hereby created the program advisory
270270 committee which that, subject to the oversight of the board, shall be
271271 responsible for the operation of the program. The advisory committee shall
272272 consist of at least 10 members appointed by the board as follows:
273273 (1) Two licensed physicians, one nominated by the Kansas medical
274274 society and one nominated by the Kansas association of osteopathic
275275 medicine;
276276 (2) two licensed pharmacists nominated by the Kansas pharmacists
277277 association;
278278 (3) one person representing the Kansas bureau of investigation
279279 nominated by the attorney general or the attorney general's designee;
280280 (4) one person representing the university of Kansas school of
281281 medicine nominated by the dean of such school;
282282 (5) one person representing the university of Kansas school of
283283 pharmacy nominated by the dean of such school;
284284 (6) one licensed dentist nominated by the Kansas dental association;
285285 (7) one person representing the Kansas hospital association
286286 nominated by such association;
287287 (8) one licensed advanced practice provider nominated by either the
288288 board of nursing or the state board of healing arts; and
289289 (9) the board may also appoint other persons authorized to prescribe
290290 or dispense scheduled substances and drugs of concern, recognized experts
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334334 and representatives from law enforcement.
335335 (b) The appointments to the advisory committee shall be for terms of
336336 three years.
337337 (c) The advisory committee shall elect a chairperson from among its
338338 members who shall serve a one-year term. The chairperson may serve
339339 consecutive terms.
340340 (d) The advisory committee, in accordance with K.S.A. 75-4319, and
341341 amendments thereto, may recess for a closed or executive meeting when it
342342 is considering matters relating to identifiable patients or providers.
343343 (e) Upon the expiration of the term of office of any member of the
344344 advisory committee on or after the effective date of this act, and in any
345345 case of a vacancy existing on or after the effective date of this act, a
346346 successor shall be appointed by the board pursuant to this section.
347347 (f) All members of the advisory committee shall serve without
348348 compensation.
349349 Sec. 3. K.S.A. 65-1690 is hereby amended to read as follows: 65-
350350 1690. (a) The prescription monitoring program advisory committee shall
351351 work with each entity charged with administrative oversight of those
352352 persons engaged in the prescribing or dispensing of scheduled substances
353353 and drugs of concern to develop a continuing education program for such
354354 persons about the purposes and uses of the prescription monitoring
355355 program.
356356 (b) The advisory committee shall work with the Kansas bar
357357 association to develop a continuing education program for attorneys about
358358 the purposes and uses of the prescription monitoring program.
359359 (c) The advisory committee shall work with the Kansas bureau of
360360 investigation office of the attorney general to develop a continuing
361361 education program for law enforcement officers about the purposes and
362362 uses of the prescription monitoring program.
363363 Sec. 4. K.S.A. 65-1690 and K.S.A. 2022 Supp. 65-1685 and 65-1689
364364 are hereby repealed.
365365 Sec. 5. This act shall take effect and be in force from and after its
366366 publication in the statute book.
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