Kentucky Legislative Initiatives:
House Bill 1 and Prescription Drug Abuse
HB 1/LM/CI (BR 8) - G. Stumbo, J. Tilley, R. Adkins, L. Belcher, L. Clark, H. Collins, L. Combs, R. Damron, D. Keene, M. King, T. Pullin, R. Rand, R. Smart, T. Thompson, B. Yonts
AN ACT relating to controlled substances and making an appropriation therefore.
House Bill 1 (HB1) expanded the Kentucky All Schedule Prescription Electronic Reporting (KASPER) system, the state's prescription monitoring system, by requiring all prescription providers of controlled substances to register. It requires pain management clinics to be owned by a licensed medical practitioner, and requires professional licensure boards to investigate prescribing complaints immediately. The legislation allows for better coordination between health regulators and law enforcement to address problems of abuse. Finally, elements of HB1 have helped prevent Kentucky from becoming a source state for prescription pills.
HOUSE BILL 333
HB 333/CI/LM (BR 1132) - K. Moser, J. Fischer, R. Benvenuti III, D. Elliott, D. Graham, C. Morgan, R. Palumbo, J. Richards, S. Santoro, D. St. Onge, J. Wayne, S. Westrom, A. Wuchner
AN ACT relating to controlled substances.
This bill defines fentanyl derivatives in such a way that any derivative that appears in Kentucky that is not FDA approved will be a Schedule 1 controlled substance.
Allows for the use of a Cannabidiol product when of if the FDA approves it.
Expands the charge of importing heroin to include fentanyl and its derivatives.
Increases penalties on trafficking in fentanyl and its derivatives to a C felony regardless of the amount.
Adds fentanyl and its derivatives to the aggravated trafficking statute a class B felony if the amount of fentanyl trafficked in is more than 28 grams or more. If the substitute is carfentanyl or a derivative the aggravator is 10 grams or more.
Directs the licensing boards of controlled substance prescribers to promulgate regulations limiting the amount of a Schedule 2 controlled substance to three days when prescribed for acute pain and create exceptions.
Creates the charge of trafficking in a misrepresented controlled substance when an individual knowingly traffics in fentanyl or fentanyl derivatives made to resemble a legitimate pharmaceutical product.