KS
Kansas Senate Bill SB392

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB392 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 392
33 By Committee on Judiciary
44 1-24
55 AN ACT concerning the prescription monitoring program; relating to the
66 attorney general; granting the medicaid inspector general 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 a member nominated by the office
1010 of the attorney general; amending K.S.A. 65-1690 and K.S.A. 2023
1111 Supp. 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. 2023 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 program data in the
3131 program to 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) personsindividuals operating a practitioner or pharmacist
9999 impaired provider program in accordance with K.S.A. 65-4924, and
100100 amendments thereto, for the purpose of reviewing drugs dispensed to a
101101 practitioner or pharmacist 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; and
111111 (16) personnel of the office of the medicaid inspector general for the
112112 purpose of conducting drug-related audits and investigations.
113113 (d) An individual registered for access to the program database shall
114114 notify the board in writing within 30 calendar days of any action that
115115 would disqualify the individual from being authorized to receive program
116116 data as provided in subsection (c).
117117 (e) The state board of healing arts, board of nursing, Kansas dental
118118 board and board of examiners in optometry shall notify the board in
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162162 writing within 30 calendar days of any denial, suspension, revocation or
163163 other administrative limitation of a practitioner's license or registration that
164164 would disqualify the practitioner from being authorized to receive program
165165 data as provided in subsection (c).
166166 (f) A practitioner or pharmacist shall notify the board in writing
167167 within 30 calendar days of any action that would disqualify a delegate
168168 from being authorized to receive program data on behalf of the practitioner
169169 or pharmacist.
170170 (g) The prescription monitoring program advisory committee
171171 established pursuant to K.S.A. 65-1689, and amendments thereto, is
172172 authorized to review and analyze program data for purposes of identifying
173173 patterns and activity of concern.
174174 (1) If a review of information appears to indicate an individual may
175175 be obtaining prescriptions in a manner that may represent misuse or abuse
176176 of scheduled substances and drugs of concern, the advisory committee is
177177 authorized to notify the prescribers and dispensers who prescribed or
178178 dispensed the prescriptions. If the review does not identify a recent
179179 prescriber as a point of contact for potential clinical intervention, the
180180 advisory committee is authorized to notify the disability and behavioral
181181 health services section of the Kansas department for aging and disability
182182 services for the purpose of offering confidential treatment services. Further
183183 disclosure of information is prohibited. If the review identifies patterns or
184184 other evidence sufficient to create a reasonable suspicion of criminal
185185 activity, the advisory committee is authorized to notify the appropriate law
186186 enforcement agency.
187187 (2) If a review of information appears to indicate that a violation of
188188 state or federal law relating to prescribing scheduled substances and drugs
189189 of concern may have occurred, or that a prescriber or dispenser has
190190 knowingly prescribed, dispensed or obtained scheduled substances and
191191 drugs of concern in a manner that is inconsistent with recognized standards
192192 of care for the profession, the advisory committee shall determine whether
193193 a report to the professional licensing, certification or regulatory agencies
194194 charged with administrative oversight of those individuals engaged in
195195 prescribing or dispensing of scheduled substances and drugs of concern or
196196 to the appropriate law enforcement agency is warranted.
197197 (A) For purposes of such determination, the advisory committee may,
198198 in consultation with the appropriate regulatory agencies and professional
199199 organizations, establish criteria regarding appropriate standards and utilize
200200 volunteer peer review committees of professionals with expertise in the
201201 particular practice to create such standards and review individual cases.
202202 (B) The peer review committee or committees appointed herein shall
203203 have authority to request and receive information in the program database
204204 from the director of the program.
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248248 (C) If the determination is made that a referral to a regulatory or law
249249 enforcement agency is not warranted but educational or professional
250250 advising might be appropriate, the advisory committee may refer the
251251 prescribers or dispensers to other such resources.
252252 (3) If a review of information appears to indicate that program data
253253 has been accessed or used in violation of state or federal law, the advisory
254254 committee shall determine whether a report to the professional licensing,
255255 certification or regulatory agencies charged with administrative oversight
256256 of those individuals engaged in prescribing or dispensing of scheduled
257257 substances and drugs of concern is warranted and may make such report.
258258 (e) After removing information that could be used to identify
259259 individual practitioners, dispensers, patients or individuals who received
260260 prescriptions from dispensers, the board is hereby authorized to may, in its
261261 discretion, provide program data to:
262262 (1) Public or private entities for statistical, research or educational
263263 purposes after removing information that could be used to identify
264264 individual practitioners, dispensers, patients or individuals who received
265265 prescriptions from dispensers.; and
266266 (f) The board is hereby authorized to provide a (2) medical care
267267 facility with its program data facilities for statistical, research or education
268268 purposes after removing information that could be used to identify
269269 individual practitioners or individuals who received prescriptions from
270270 dispensers.
271271 (g)(f) The board may, in its discretion, block any user's access to the
272272 program database if the board has reason to believe that access to the data
273273 is or may be used by such user in violation of state or federal law.
274274 Sec. 2. K.S.A. 2023 Supp. 65-1689 is hereby amended to read as
275275 follows: 65-1689. (a) There is hereby created the program advisory
276276 committee which, subject to the oversight of the board, shall be
277277 responsible for the operation of the program. The advisory committee shall
278278 consist of at least 10 members appointed by the board as follows:
279279 (1) Two licensed physicians, one nominated by the Kansas medical
280280 society and one nominated by the Kansas association of osteopathic
281281 medicine;
282282 (2) two licensed pharmacists nominated by the Kansas pharmacists
283283 association;
284284 (3) one person representing the Kansas bureau of investigation
285285 nominated by the office of the attorney general;
286286 (4) one person representing the university of Kansas school of
287287 medicine nominated by the dean of such school;
288288 (5) one person representing the university of Kansas school of
289289 pharmacy nominated by the dean of such school;
290290 (6) one licensed dentist nominated by the Kansas dental association;
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334334 (7) one person representing the Kansas hospital association
335335 nominated by such association;
336336 (8) one licensed advanced practice provider nominated by either the
337337 board of nursing or the state board of healing arts; and
338338 (9) the board may also appoint other persons authorized to prescribe
339339 or dispense scheduled substances and drugs of concern, recognized experts
340340 and representatives from law enforcement.
341341 (b) The appointments to the advisory committee shall be for terms of
342342 three years.
343343 (c) The advisory committee shall elect a chairperson from among its
344344 members who shall serve a one-year term. The chairperson may serve
345345 consecutive terms.
346346 (d) The advisory committee, in accordance with K.S.A. 75-4319, and
347347 amendments thereto, may recess for a closed or executive meeting when it
348348 is considering matters relating to identifiable patients or providers.
349349 (e) Upon the expiration of the term of office of any member of the
350350 advisory committee on or after the effective date of this act, and in any
351351 case of a vacancy existing on or after the effective date of this act, a
352352 successor shall be appointed by the board pursuant to this section.
353353 (f) All members of the advisory committee shall serve without
354354 compensation.
355355 Sec. 3. K.S.A. 65-1690 is hereby amended to read as follows: 65-
356356 1690. (a) The prescription monitoring program advisory committee shall
357357 work with each entity charged with administrative oversight of those
358358 persons engaged in the prescribing or dispensing of scheduled substances
359359 and drugs of concern to develop a continuing education program for such
360360 persons about the purposes and uses of the prescription monitoring
361361 program.
362362 (b) The advisory committee shall work with the Kansas bar
363363 association to develop a continuing education program for attorneys about
364364 the purposes and uses of the prescription monitoring program.
365365 (c) The advisory committee shall work with the Kansas bureau of
366366 investigation office of the attorney general to develop a continuing
367367 education program for law enforcement officers about the purposes and
368368 uses of the prescription monitoring program.
369369 Sec. 4. K.S.A. 65-1690 and K.S.A. 2023 Supp. 65-1685 and 65-1689
370370 are hereby repealed.
371371 Sec. 5. This act shall take effect and be in force from and after its
372372 publication in the statute book.
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