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AN ACT relating to prescriptive authority. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 314.042 is amended to read as follows: 3
(1) An applicant for licensure to practice as an advanced practice registered nurse shall 4
file with the board a written application for licensure and submit evidence, verified 5
by oath, that the applicant: 6
(a) Has completed an education program that prepares the registered nurse for 7
one (1) of four (4) APRN roles that has been accredited by a national nursing 8
accrediting body recognized by the United States Department of Education; 9
(b) Is certified by a nationally established organization or agency recognized by 10
the board to certify registered nurses for advanced practice registered nursing; 11
(c) Is able to understandably speak and write the English language and to read the 12
English language with comprehension; and 13
(d) Has passed the jurisprudence examination approved by the board as provided 14
in subsection (13)[(12)] of this section. 15
(2) The board may issue a license to practice advanced practice registered nursing to an 16
applicant who holds a current active registered nurse license issued by the board or 17
holds the privilege to practice as a registered nurse in this state and meets the 18
qualifications of subsection (1) of this section. An advanced practice registered 19
nurse shall be: 20
(a) Designated by the board as a certified registered nurse anesthetist, certified 21
nurse midwife, certified nurse practitioner, or clinical nurse specialist; and 22
(b) Certified in at least one (1) population focus. 23
(3) The applicant for licensure or renewal thereof to practice as an advanced practice 24
registered nurse shall pay a fee to the board as set forth in regulation by the board. 25
(4) An advanced practice registered nurse shall maintain a current active registered 26
nurse license issued by the board or hold the privilege to practice as a registered 27 UNOFFICIAL COPY 23 RS SB 94/GA
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nurse in this state and maintain current certification by the appropriate national 1
organization or agency recognized by the board. 2
(5) Any person who holds a license to practice as an advanced practice registered nurse 3
in this state shall have the right to use the title "advanced practice registered nurse" 4
and the abbreviation "APRN." No other person shall assume the title or use the 5
abbreviation or any other words, letters, signs, or figures to indicate that the person 6
using the same is an advanced practice registered nurse. No person shall practice as 7
an advanced practice registered nurse unless licensed under this section. 8
(6) Any person heretofore licensed as an advanced practice registered nurse under the 9
provisions of this chapter who has allowed the license to lapse may be reinstated on 10
payment of the current fee and by meeting the provisions of this chapter and 11
regulations promulgated by the board pursuant to the provisions of KRS Chapter 12
13A. 13
(7) The board may authorize a person to practice as an advanced practice registered 14
nurse temporarily and pursuant to applicable regulations promulgated by the board 15
pursuant to the provisions of KRS Chapter 13A if the person is awaiting licensure 16
by endorsement. 17
(8) (a) Except as authorized by subsection (9) of this section, before an advanced 18
practice registered nurse engages in the prescribing or dispensing of 19
nonscheduled legend drugs as authorized by KRS 314.011(8), the advanced 20
practice registered nurse shall enter into a written "Collaborative Agreement 21
for the Advanced Practice Registered Nurse's Prescriptive Authority for 22
Nonscheduled Legend Drugs" (CAPA-NS) with a physician licensed in 23
Kentucky that defines the scope of the prescriptive authority for nonscheduled 24
legend drugs. 25
(b) The advanced practice registered nurse shall notify the Kentucky Board of 26
Nursing of the existence of the CAPA-NS and the name of the collaborating 27 UNOFFICIAL COPY 23 RS SB 94/GA
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physician and shall, upon request, furnish to the board or its staff a copy of the 1
completed CAPA-NS. The Kentucky Board of Nursing shall notify the 2
Kentucky Board of Medical Licensure that a CAPA-NS exists and furnish the 3
collaborating physician's name. 4
(c) The CAPA-NS shall be in writing and signed by both the advanced practice 5
registered nurse and the collaborating physician. A copy of the completed 6
collaborative agreement shall be available at each site where the advanced 7
practice registered nurse is providing patient care. 8
(d) The CAPA-NS shall describe the arrangement for collaboration and 9
communication between the advanced practice registered nurse and the 10
collaborating physician regarding the prescribing of nonscheduled legend 11
drugs by the advanced practice registered nurse. 12
(e) The advanced practice registered nurse who is prescribing nonscheduled 13
legend drugs and the collaborating physician shall be qualified in the same or 14
a similar specialty. 15
(f) The CAPA-NS is not intended to be a substitute for the exercise of 16
professional judgment by the advanced practice registered nurse or by the 17
collaborating physician. 18
(g) The CAPA-NS shall be reviewed and signed by both the advanced practice 19
registered nurse and the collaborating physician and may be rescinded by 20
either party upon written notice to the other party and the Kentucky Board of 21
Nursing. 22
(9) (a) Before an advanced practice registered nurse may discontinue or be exempt 23
from a CAPA-NS required under subsection (8) of this section, the advanced 24
practice registered nurse shall have completed four (4) years of prescribing as 25
a certified nurse practitioner, clinical nurse specialist, certified nurse midwife, 26
or as a certified registered nurse anesthetist. For nurse practitioners and 27 UNOFFICIAL COPY 23 RS SB 94/GA
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clinical nurse specialists, the four (4) years of prescribing shall be in a 1
population focus as defined in KRS 314.011. 2
(b) After four (4) years of prescribing with a CAPA-NS in collaboration with a 3
physician: 4
1. An advanced practice registered nurse whose license is in good standing 5
at that time with the Kentucky Board of Nursing and who will be 6
prescribing nonscheduled legend drugs without a CAPA-NS shall notify 7
that board that the four (4) year requirement has been met and that he or 8
she will be prescribing nonscheduled legend drugs without a CAPA-NS; 9
2. The advanced practice registered nurse will no longer be required to 10
maintain a CAPA-NS and shall not be compelled to maintain a CAPA-11
NS as a condition to prescribe after the four (4) years have expired, but 12
an advanced practice registered nurse may choose to maintain a CAPA-13
NS indefinitely after the four (4) years have expired; and 14
3. If the advanced practice registered nurse's license is not in good 15
standing, the CAPA-NS requirement shall not be removed until the 16
license is restored to good standing. 17
(c) An advanced practice registered nurse wishing to practice in Kentucky 18
through licensure by endorsement is exempt from the CAPA-NS requirement 19
if the advanced practice registered nurse: 20
1. Has met the prescribing requirements in a state that grants independent 21
prescribing to advanced practice registered nurses; and 22
2. Has been prescribing for at least four (4) years. 23
(d) An advanced practice registered nurse wishing to practice in Kentucky 24
through licensure by endorsement who had a collaborative prescribing 25
agreement with a physician in another state for at least four (4) years is 26
exempt from the CAPA-NS requirement. 27 UNOFFICIAL COPY 23 RS SB 94/GA
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(10) (a) There is hereby established the "Collaborative Agreement for the Advanced 1
Practice Registered Nurse's Prescriptive Authority for Controlled 2
Substances" (CAPA-CS) Committee. The committee shall be composed of 3
four (4) members selected as follows: 4
1. Two (2) members shall be advanced practice registered nurses who 5
currently prescribe or have prescribed scheduled drugs, each 6
appointed by the Kentucky Board of Nursing from a list of names 7
submitted for each position by the Kentucky Association of Nurse 8
Practitioners and Nurse-Midwives; and 9
2. Two (2) members shall be physicians who have currently or had 10
previously a signed CAPA-CS with an advanced practice registered 11
nurse who prescribes scheduled drugs, each appointed by the 12
Kentucky Board of Medical Licensure from a list of names submitted 13
for each position by the Kentucky Medical Association. 14
(b) Within sixty (60) days of the effective date of this Act, the committee shall 15
develop a standardized CAPA-CS form to be used in accordance with the 16
provisions of subsection (11) of this section. The standardized CAPA-CS 17
form shall be used by all advanced practice registered nurses and all 18
physicians in Kentucky who enter into a CAPA-CS. 19
(c) The committee may be reconvened at the request of the Kentucky Board of 20
Nursing or the Kentucky Board of Medical Licensure if it becomes 21
necessary to update the standardized CAPA-CS form. 22
(d) The Kentucky Board of Nursing and the Kentucky Board of Medical 23
Licensure shall each be responsible for and have exclusive authority over 24
their respective members appointed to the committee. 25
(e) The committee shall be attached to the Kentucky Board of Nursing for 26
administrative purposes. The Kentucky Board of Nursing shall be 27 UNOFFICIAL COPY 23 RS SB 94/GA
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responsible for the expenses of its members. The Kentucky Board of 1
Medical Licensure shall be responsible for the expenses of its members. 2
(f) The Kentucky Board of Nursing shall promulgate an administrative 3
regulation pursuant to KRS Chapter 13A within ninety (90) days of the 4
effective date of this Act to establish and implement the standardized CAPA-5
CS form developed by the committee. 6
(11) (a) Except as provided in subsections (14) and (15) of this section, before an 7
advanced practice registered nurse engages in the prescribing of Schedules II 8
through V controlled substances as authorized by KRS 314.011(8), the 9
advanced practice registered nurse shall enter into a written "Collaborative 10
Agreement for the Advanced Practice Registered Nurse's Prescriptive 11
Authority for Controlled Substances" (CAPA-CS) on a standardized CAPA-12
CS form with a physician licensed in Kentucky that defines the scope of the 13
prescriptive authority for controlled substances. 14
(b) The advanced practice registered nurse shall notify the Kentucky Board of 15
Nursing of the existence of the CAPA-CS and the name of the collaborating 16
physician and shall, upon request, furnish to the board or its staff a copy of the 17
completed standardized CAPA-CS form. The Kentucky Board of Nursing 18
shall notify the Kentucky Board of Medical Licensure that a CAPA-CS exists 19
and furnish an executed copy of the Kentucky Board of Nursing notification 20
of a CAPA-CS completed by the advanced practice registered nurse to the 21
Kentucky Board of Medical Licensure[the collaborating physician's name]. 22
(c) The CAPA-CS shall be in writing and signed by both the advanced practice 23
registered nurse and the collaborating physician. A copy of the completed 24
standardized CAPA-CS form[collaborative agreement] shall be available at 25
each site where the advanced practice registered nurse is providing patient 26
care. 27 UNOFFICIAL COPY 23 RS SB 94/GA
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(d) The CAPA-CS shall describe the arrangement for collaboration and 1
communication between the advanced practice registered nurse and the 2
collaborating physician regarding the prescribing of controlled substances by 3
the advanced practice registered nurse. 4
(e) The advanced practice registered nurse who is prescribing controlled 5
substances and the collaborating physician shall be qualified in the same or a 6
similar specialty. 7
(f) The CAPA-CS is not intended to be a substitute for the appropriate exercise 8
of professional judgment by the advanced practice registered nurse or by the 9
collaborating physician. 10
(g) The relevant statutes and regulations pertaining to the prescribing authority 11
of advanced practice registered nurses for controlled substances shall be 12
reviewed by the advanced practice registered nurse and the collaborating 13
physician at the outset of the CAPA-CS[Before engaging in the prescribing 14
of controlled substances, the advanced practice registered nurse shall: 15
1. Have been licensed to practice as an advanced practice registered nurse 16
for one (1) year with the Kentucky Board of Nursing; or 17
2. Be nationally certified as an advanced practice registered nurse and be 18
registered, certified, or licensed in good standing as an advanced 19
practice registered nurse in another state for one (1) year prior to 20
applying for licensure by endorsement in Kentucky]. 21
(h) Prior to prescribing controlled substances, the advanced practice registered 22
nurse shall obtain a Controlled Substance Registration Certificate through the 23
United States[U.S.] Drug Enforcement Administration[Agency]. 24
(i) The CAPA-CS shall be reviewed and signed by both the advanced practice 25
registered nurse and the collaborating physician and may be rescinded by 26
either party upon thirty (30) days written notice to the other party. The 27 UNOFFICIAL COPY 23 RS SB 94/GA
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advanced practice registered nurse shall notify the Kentucky Board of 1
Nursing that the CAPA-CS has been rescinded. The Kentucky Board of 2
Nursing shall notify the Kentucky Board of Medical Licensure that the 3
CAPA-CS has been rescinded and shall furnish an executed copy of the 4
Kentucky Board of Nursing recission of a CAPA-CS completed by the 5
advanced practice registered nurse or by the collaborating physician to the 6
Kentucky Board of Medical Licensure[ and the Kentucky Board of Nursing]. 7
(j) The CAPA-CS shall state any[the] limits on controlled substances which may 8
be prescribed by the advanced practice registered nurse, as agreed to by the 9
advanced practice registered nurse and the collaborating physician. The limits 10
so imposed may be more stringent than either the schedule limits on 11
controlled substances established in KRS 314.011(8) or the limits imposed in 12
regulations promulgated by the Kentucky Board of Nursing thereunder. The 13
CAPA-CS shall also include any requirements, as agreed to by both the 14
advanced practice registered nurse and the collaborating physician, for 15
communication between the advanced practice registered nurse and the 16
collaborating physician. 17
(k) Within thirty (30) days of obtaining a Controlled Substance Registration 18
Certificate from the United States Drug Enforcement Administration, and 19
prior to prescribing controlled substances, the advanced practice registered 20
nurse shall register with the electronic system for monitoring controlled 21
substances established by KRS 218A.202 and shall provide a copy of the 22
registration certificate to the board. 23
(l) After the effective date of this Act, for advanced practice registered nurses 24
who have not had a CAPA-CS: 25
1. An advanced practice registered nurse wishing to have a CAPA-CS in 26
his or her first year of licensure must be employed by a health care 27 UNOFFICIAL COPY 23 RS SB 94/GA
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entity or provider. If the employing provider is an advanced practice 1
registered nurse, he or she must have completed four (4) years of 2
prescribing with a CAPA-CS and no longer be required to maintain a 3
CAPA-CS; 4
2. In the first year of the CAPA-CS, the advanced practice registered 5
nurse and the physician shall meet at least quarterly, either in person 6
or via video conferencing, to review the advanced practice registered 7
nurse's reverse KASPER report or that of the prescription drug 8
monitoring program (PDMP) currently in use in Kentucky pursuant to 9
KRS 218A.202. The advanced practice registered nurse and the 10
collaborating physician may meet via telephonic communication when 11
an in-person meeting or videoconferencing session is not logistically 12
or technologically feasible. The review of specific prescriptions 13
identified in the reverse KASPER report or that of the PDMP 14
currently in use in Kentucky pursuant to KRS 218A.202 by the 15
advanced practice registered nurse and the collaborating physician 16
may include information from the patient's medical record that relates 17
to the condition or conditions being treated with controlled substances 18
by the advanced practice registered nurse to facilitate meaningful 19
discussion. A record of the meeting date, summary of discussions, and 20
any recommendations made shall be made in writing and a copy 21
retained by both parties to the agreement for a period of one (1) year 22
past the expiration of the CAPA-CS. The meeting records shall be 23
subject to audit by the Kentucky Board of Nursing for the advanced 24
practice registered nurse and by the Kentucky Board of Medical 25
Licensure for the physician. The sole purpose of the audit shall be to 26
document that the collaboration meetings have taken place as required 27 UNOFFICIAL COPY 23 RS SB 94/GA
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by this section and that other provisions of this section have been met; 1
and 2
3. In the ensuing three (3) years of the CAPA-CS, the advanced practice 3
registered nurse and the physician shall meet at least biannually in 4
person or via video conferencing to review the advanced practice 5
registered nurse's reverse KASPER report or that of the PDMP 6
currently in use in Kentucky pursuant to KRS 218A.202. The 7
advanced practice registered nurse and the collaborating physician 8
may meet via telephonic communication when an in-person meeting 9
or videoconferencing session is not logistically or technologically 10
feasible. The review of specific prescriptions identified in the reverse 11
KASPER report or that of the PDMP currently in use in Kentucky 12
pursuant to KRS 218A.202 by the advanced practice registered nurse 13
and the collaborating physician may include information from the 14
patient's medical record that relates to the condition or conditions 15
being treated with controlled substances by the advanced practice 16
registered nurse to facilitate meaningful discussion. A record of the 17
meeting date, summary of discussions, and any recommendations 18
made shall be noted in writing and a copy retained by both parties to 19
the agreement for a period of one (1) year past the expiration of the 20
CAPA-CS. The meeting records shall be subject to audit by the 21
Kentucky Board of Nursing for the advanced practice registered nurse 22
and by the Kentucky Board of Medical Licensure for the physician. 23
The sole purpose of the audit shall be to document that the 24
collaboration meetings have taken place as required by this section 25
and that other provisions of this section have been met. 26
(12)[(11)] Nothing in this chapter shall be construed as requiring an advanced practice 27 UNOFFICIAL COPY 23 RS SB 94/GA
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registered nurse designated by the board as a certified registered nurse anesthetist to 1
enter into a collaborative agreement with a physician, pursuant to this chapter or 2
any other provision of law, in order to deliver anesthesia care. 3
(13)[(12)] The jurisprudence examination shall be prescribed by the board and be 4
conducted on the licensing requirements under this chapter and board regulations 5
and requirements applicable to advanced practice registered nursing in this 6
Commonwealth. The board shall promulgate administrative regulations in 7
accordance with KRS Chapter 13A, establishing the provisions to meet this 8
requirement. 9
(14) (a) Except as provided in subsection (15) of this section, an advanced practice 10
registered nurse who wishes to continue to prescribe controlled substances 11
may be exempt from a CAPA-CS required under subsection (11) of this 12
section if the advanced practice registered nurse has: 13
1. Completed four (4) years of prescribing authority for controlled 14
substances with a CAPA-CS; 15
2. Maintained a United States Drug Enforcement Administration 16
registration; and 17
3. Maintained a master account with KASPER or the PDMP currently in 18
use in Kentucky pursuant to KRS 218A.202. 19
(b) On or after the effective date of this Act: 20
1. An advanced practice registered nurse who has had four (4) years of 21
prescribing authority with a CAPA-CS and who wishes to prescribe 22
controlled substances without a CAPA-CS shall submit, via the APRN 23
update portal, a request for review from the Kentucky Board of 24
Nursing that the advanced practice registered nurse's license is in 25
good standing; 26
2. An advanced practice registered nurse who has fewer than four (4) 27 UNOFFICIAL COPY 23 RS SB 94/GA
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years of prescribing authority with a CAPA-CS and who wishes to 1
prescribe controlled substances without a CAPA-CS shall complete the 2
required number of years under the then-current CAPA-CS to reach 3
four (4) years and shall submit, via the APRN update portal, a request 4
for review from the Kentucky Board of Nursing that the advanced 5
practice registered nurse's license is in good standing. However, if the 6
then current CAPA-CS expires or is rescinded prior to the end of the 7
four (4) year term, a new CAPA-CS shall be required and subject to 8
the provisions of this section; 9
3. The advanced practice registered nurse shall not prescribe controlled 10
substances without a CAPA-CS until the board has completed its 11
review and has notified the advanced practice registered nurse in 12
writing that the advanced practice registered nurse is exempt from the 13
CAPA-CS requirement; and 14
4. The review request shall include the payment of a fee set by the board 15
through the promulgation of an administrative regulation. 16
(c) Upon receipt of a request pursuant to this subsection, the Kentucky Board 17
of Nursing shall perform a review to determine whether the license of the 18
advanced practice registered nurse is in good standing based upon an 19
evaluation of the criteria specified in this subsection and in the 20
administrative regulation promulgated by the board pursuant to this 21
subsection, including but not limited to verification: 22
1. That a current United States Drug Enforcement Administration 23
registration certificate for the advanced practice registered nurse is on 24
file with the board; 25
2. That a current CAPA-CS notification for the advanced practice 26
registered nurse is on file with the board; 27 UNOFFICIAL COPY 23 RS SB 94/GA
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3. That the advanced practice registered nurse has an active master 1
account with the electronic system for monitoring controlled 2
substances pursuant to KRS 218A.202; 3
4. Through a criminal background check of the absence of any 4
unreported misdemeanor or felony convictions in Kentucky; and 5
5. Through a check of the coordinated licensure information system 6
specified in KRS 314.475 of the absence of any unreported 7
disciplinary actions in another state. 8
(d) Based on the findings of these actions, the Kentucky Board of Nursing shall 9
determine if the advanced practice registered nurse's license is in good 10
standing for the purpose of removing the requirement for the advanced 11
practice registered nurse to have a CAPA-CS in order to prescribe 12
controlled substances. 13
(e) If the advanced practice registered nurse's license is found to be in good 14
standing, the advanced practice registered nurse shall be notified by the 15
board in writing that a CAPA-CS is no longer required. The advanced 16
practice registered nurse shall not be required to maintain a CAPA-CS as a 17
condition to prescribe controlled substances unless the board later imposes 18
such a requirement as part of an action instituted under KRS 314.091(1). 19
An advanced practice registered nurse may choose to maintain a CAPA-CS 20
indefinitely after the determination of good standing has been made. An 21
advanced practice registered nurse who chooses to prescribe without a 22
CAPA-CS shall be held to the same standard of care as all other providers 23
with prescriptive authority. 24
(f) If the advanced practice registered nurse's license is found not to be in good 25
standing, the CAPA-CS requirement shall not be removed until the license 26
is restored to good standing, as directed by the board. 27 UNOFFICIAL COPY 23 RS SB 94/GA
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(g) The Kentucky Board of Nursing shall conduct random audits of the 1
prescribing practices of advanced practice registered nurses, including 2
those who are no longer required to have a CAPA-CS in order to prescribe, 3
through a review of data obtained from the KASPER report or that of the 4
PDMP currently in use in Kentucky pursuant to KRS 218A.202 and shall 5
take disciplinary action under KRS 314.091(1) if a violation has occurred. 6
(15) (a) An advanced practice registered nurse wishing to practice in Kentucky 7
through licensure by endorsement is exempt from the CAPA-CS 8
requirement if the advanced practice registered nurse: 9
1. Has met the prescribing requirements for controlled substances in a 10
state that grants such prescribing authority to advanced practice 11
registered nurses; 12
2. Has had authority to prescribe controlled substances for at least four 13
(4) years; and 14
3. Has a license in good standing as described in subsection (14) of this 15
section and in the administrative regulation promulgated by the board 16
pursuant to subsection (14) of this section. 17
(b) An advanced practice registered nurse wishing to practice in Kentucky 18
through licensure by endorsement who has had the authority to prescribe 19
controlled substances for less than four (4) years and wishes to continue to 20
prescribe controlled substances shall enter into a CAPA-CS with a 21
physician licensed in Kentucky and comply with the provisions of this 22
section until the cumulative four (4) year requirement is met, after which 23
the advanced practice registered nurse who wishes to prescribe controlled 24
substances without a CAPA-CS shall follow the process identified in 25
subsection (14) of this section and in the administrative regulation 26
promulgated by the board pursuant to subsection (14) of this section. 27 UNOFFICIAL COPY 23 RS SB 94/GA
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(16) An advanced practice registered nurse shall not prescribe controlled substances 1
without a CAPA-CS until the board has completed its review and has notified the 2
advanced practice registered nurse in writing that the advanced practice 3
registered nurse is exempt from the CAPA-CS requirement. 4
SECTION 2. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The Controlled Substances Prescribing Council is hereby established under the 7
Office of the Inspector General. The council shall consist of the following fifteen 8
(15) members: 9
(a) The Inspector General of the Cabinet for Health and Family Services, who 10
shall serve as chair of the council; 11
(b) The executive director of the Office of Drug Control Policy; 12
(c) Two (2) currently licensed prescribers of scheduled drugs selected by the 13
Kentucky Board of Dentistry, one (1) of whom shall be a dentist and one (1) 14
of who shall be an oral surgeon; 15
(d) Four (4) licensed physicians who currently prescribe scheduled drugs 16
selected by the Kentucky Board of Medical Licensure, one (1) of whom shall 17
have a specialty in primary care, one (1) of whom shall have a specialty in 18
emergency medicine, one (1) of whom shall have a specialty in psychiatry or 19
addiction medicine, and one (1) of whom shall have a specialty in pain 20
management; 21
(e) Four (4) licensed advanced practice registered nurses who currently 22
prescribe scheduled drugs selected by the Kentucky Board of Nursing, one 23
(1) of whom shall have a specialty in primary care, one (1) whom shall have 24
a specialty in acute care, one (1) of whom shall have a specialty in 25
psychiatric mental health or addiction, and one (1) of whom shall have a 26
specialty in pain management; 27 UNOFFICIAL COPY 23 RS SB 94/GA
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(f) One (1) licensed prescriber of scheduled drugs selected by the Kentucky 1
Board of Optometric Examiners; 2
(g) One (1) licensed prescriber of scheduled drugs selected by the Kentucky 3
Board of Podiatry; and 4
(h) One (1) licensed pharmacist selected by the Kentucky Board of Pharmacy. 5
(2) The council shall meet at least quarterly to discuss matters relating to the safe 6
and appropriate prescribing and dispensing of controlled substances, including: 7
(a) The review of quarterly reports issued by the Office of the Inspector General 8
pursuant to KRS 218A.202(17) to identify potential improper, inappropriate, 9
or illegal prescribing or dispensing of controlled substances by examining 10
aggregate patterns of prescribing by profession of the prescriber and county 11
where the medication was prescribed and dispensed; 12
(b) Recommendations for improvements in data collection and reporting by the 13
electronic system for monitoring controlled substances pursuant to KRS 14
218A.202; 15
(c) Recommendations for best prescribing practices based on up-to-date 16
research; 17
(d) Recommendations to the professional licensing boards for actions to aid in 18
enforcing current law, reviewing prescribing and dispensing data, and 19
correcting improper, inappropriate, or illegal prescribing or dispensing of a 20
controlled substance; and 21
(e) Development and communication of any recommendations, based on review 22
of data or research, to each licensure board. The licensure boards shall 23
respond in writing to the panel within ninety (90) days of receiving the 24
recommendations with an explanation of their response to the 25
recommendations. 26
(3) The council may request information from the licensure boards regarding their 27 UNOFFICIAL COPY 23 RS SB 94/GA
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procedures for conducting investigations and taking actions regarding the 1
possible improper, inappropriate, or illegal prescribing or dispensing of 2
controlled substances. 3
(4) On or before December 31, 2024, and each December 31 thereafter, the council 4
shall submit an annual report to the Governor and the Legislative Research 5
Commission. The annual report shall: 6
(a) List the council’s meeting dates and topics for the preceding year; 7
(b) Provide relevant statistical information, including a summary of the 8
aggregate patterns by profession of prescriber and by county, of potential 9
improper, inappropriate, or illegal prescribing or dispensing of a controlled 10
substance; 11
(c) Describe the efforts made by the council to share information among the 12
licensure boards related to improving the safe and appropriate prescribing 13
and dispensing of controlled substances; 14
(d) Summarize responses received from the licensure boards to the panel’s 15
recommendations; and 16
(e) Provide any policy recommendations, including recommendations for 17
statutory or administrative regulation changes intended to improve 18
prescribing and dispensing practices and prevent improper, inappropriate, 19
or illegal prescribing or dispensing of controlled substances. 20
(5) The council shall not make any recommendations related to the scope of practice 21
of any prescribing or dispensing professionals. 22
(6) The council shall be attached to the Office of the Inspector General for 23
administrative purposes. 24
(7) Members shall not receive any additional compensation for their service on the 25
council but shall be reimbursed for all necessary expenses. 26