KPhA Weekly Pharmacist Legislative Update
Kentucky Legislative Update
January 13 ,2012
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Law makers continued to focus on redistricting this week with the House passing a redistricting plan late Thursday. Lawmakers took Friday off and Monday is a legislative holiday. Legislators return to Frankfort on Tuesday and the Governor will deliver the budget address Tuesday evening.

 

Prescription Drug Disposal Bill Filed

Representative Joni Jenkins (D, Shively) filed HB 238 this week, establishing a disposal program for unused prescription drugs. The bill calls for the Energy and Environment Cabinet to work with local governments to set up collection points for unused prescription drugs in unopened containers. The fiscal note on the bill is slightly over $3 million and it is likely that the cost will significantly reduce its chances for passage in this tight budget environment.

 

Expansion of PA Prescribing and Dispensing Proposed

Senator Tom Buford (R, Nicholasville) introduced legislation on Wednesday to permit physicians' assistants to prescribe controlled substances as designated by a supervising physician. SB 76 also would allow PAs to dispense all legend drugs. Similar legislation passed the House last Session but died in the Senate.

 

Legislature Begins Hearings on PSE Regulation

The Senate and House Judiciary Committees held an informational hearing on the issue of pseudoephedrine regulation on Thursday. The group heard from two University of Kentucky College of Pharmacy professors who have conducted a study on the issue including KPhA Board member Trish Freeman. The study made no public policy recommendations on how to deal the use of PSE in the manufacture of methamphetamine.

 

Lawmakers also heard from law enforcement officials from Oklahoma and Mississippi who advocated requiring a prescription for PSE. Joe Williams, a retired state police officer now with the High Intensity Drug Trafficking Area (HIDTA) organization, also testified in favor of a prescription-only requirement.

 

There was no action taken on any of the PSE proposals pending before the legislature.The Committees are expected to hear testimony from individuals advocating an alternative approach to dealing with the PSE issue next week.

 

Five proposals aimed at further restricting pseudoephedrine (PSE) sales have been introduced so far this Session. Two bills, SB 50 and HB 79, contain a prescription requirement and require reporting of dispensed PSE prescriptions to the state's prescription electronic drug reporting system (KASPER). Two other proposals, HB 80 and SB 79, prohibit any person convicted of an offense relating to methamphetamine from purchasing PSE without a prescription for a period of five years after serving their sentence or expiration of parole. A "precursor block list" would be maintained in the state's electronic PSE tracking system (MethCheck) to alert pharmacies and block sales to these individuals at point-of-sale. These bills also lower the monthly purchase limit for PSE from 9 to 7.5 grams and establish an annual limit of 60 grams per person. Another proposal, HB 166, prohibits pharmacy technicians from dispensing PSE.

 

More Lawmakers File Pain Clinic Bills

Legislators continue to express interest in regulating pain clinics as a way to get a handle on Kentucky's growing prescription drug abuse problem. This week, Senate Minority Leader R. J. Palmer (D, Winchester) introduced SB 98 requiring the licensing of pain management facilities. The bill also limits ownership of these facilities to physicians in collaboration with a hospital.   Also filed this week was a proposal by Representative Donna Mayfield (R, Winchester). HB 251 takes a different approach to addressing the "pill mill" issue. The bill requires pain clinics to obtain positive identification from patients and prohibits pain clinics from accepting cash payment for services. Earlier this Session, Senator Jimmy Higdon (R, Lebanon) filed a bill (SB 42) requiring the licensing of pain clinics and setting standards for ownership.

Kentucky Pharmacists Association
1228 US 127 South

Frankfort, KY 40601

502-227-2303