House Bill 354

Actions | Amendments
Last Action 03/29/22: to Licensing & Occupations (S)
Title AN ACT relating to prescriptive authority and making an appropriation therefor.
Bill Documents Current/Final
Introduced
Bill Request Number 1419
Sponsors R. Webber, P. Minter, K. Banta, T. Bojanowski, K. Bratcher, J. Calloway, M. Cantrell, J. Donohue, D. Fister, P. Flannery, K. Fleming, K. Flood, C. Freeland, A. Gentry, D. Graham, D. Hale, M. Hart, S. Heavrin, R. Huff, T. Huff, J. Jenkins, N. Kirk-McCormick, D. Lewis, S. Lewis, B. McCool, C. Miller, J. Miller, J. Nemes, R. Palumbo, P. Pratt, J. Raymond, R. Roberts, T. Smith, C. Stevenson, P. Stevenson, W. Thomas, J. Tipton, T. Truett, K. Upchurch, S. Westrom, B. Wheatley, R. White, L. Willner
Summary of Original Version Amend KRS 314.042 to require that advanced practice registered nurses exempted from a CAPA-NS include certified nurse practitioners, certified nurse midwifes, and certified registered nurse anesthetists; allow the CAPA-CS to include limitations on drugs and amounts and requirements for the APRN to communicate with the physician before prescribing; establish conditions for an APRN to prescribe controlled substances without a CAPA-CS after four years of controlled substance prescribing authority under a CAPA-CS; require an APRN to confirm with the nursing board that the APRN's license is in good standing before prescribing without a CAPA-CS; set procedures for the nursing board's license review, including promulgation of administrative regulations; exempt an equivalently qualified out-of-state APRN from the CAPA-CS requirement to prescribe under licensure by endorsement; prohibit an APRN from prescribing controlled substances without a CAPA-CS until the board has completed its review and notified the APRN in writing; create a new section of KRS Chapter 194A to create the Controlled Substance Prescribing Boards Advisory Council within the Office of the Inspector General; establish membership of the board; require meetings to discuss matters relating to the prescribing on controlled substances; require annual report.
Index Headings of Original Version Drugs and Medicines - Controlled Substance Prescribing Boards Advisory Council, creation
Health and Medical Services - Advanced practice registered nurses, prescriptive authority
Licensing - Licensed advanced practice registered nurses, prescriptive authority
Nurses - Advanced practice registered nurses, prescriptive authority
Occupations and Professions - Advanced practice registered nurses, prescriptive authority
Physicians and Practitioners - Advanced practice registered nurses, prescriptive authority
Boards and Commissions - Controlled Substance Prescribing Boards Advisory Council, creation
Boards and Commissions - Nursing board, advanced practice registered nurse licensees, prescriptive authority
Administrative Regulations and Proceedings - Kentucky Board of Nursing, determination of license in good standing
Jump to Proposed Amendments House Committee Substitute 1
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
01/25/22
  • introduced in House
  • to Committee on Committees (H)
01/26/22
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
03/07/22
  • to Licensing, Occupations, & Administrative Regulations (H)
03/09/22
  • reported favorably, 2nd reading, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • posted for passage in the Regular Orders of the Day for Thursday, March 10, 2022
  • floor amendments (1), (2) and (3) filed to Committee Substitute
03/11/22
  • floor amendments (4) and (5) filed to Committee Substitute
  • 3rd reading, passed 84-8 with Committee Substitute (1) and Committee Amendment (1-title)
03/14/22
  • received in Senate
  • to Committee on Committees (S)
03/29/22
  • to Licensing & Occupations (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original CAPA-CS provisions; delete original provisions relating to the Controlled Substance Prescribing Boards Advisory Council; hold an APRN prescribing without a CAPA-CS to the same standard of care as other prescribers; create a new section of KRS Chapter 218A to establish the Controlled Substance Prescribing Review Panel within the Office of the Inspector General; establish membership and duties of the panel; hire support staff for the panel; investigate prescribers with suspect prescribing patterns; require at least quarterly meetings to discuss matters relating to prescribing controlled substances; mandate an annual report; sunset the panel on July 15, 2026, unless otherwise authorized by the General Assembly; APPROPRIATION.
Index Headings Drugs and Medicines - Controlled Substance Prescribing Review Panel, creation
Health and Medical Services - Controlled Substance Prescribing Review Panel, creation
Licensing - Controlled Substance Prescribing Review Panel, prescribers
Nurses - Controlled Substance Prescribing Review Panel, prescribers
Occupations and Professions - Controlled Substance Prescribing Review Panel, prescribers
Physicians and Practitioners - Controlled Substance Prescribing Review Panel, prescribers
Substance Abuse - Controlled Substance Prescribing Review Panel, creation
Appropriations - Controlled Substance Prescribing Review Panel, support resources, funding
Advisory Boards, Commissions, and Committees - Controlled Substance Prescribing Review Panel, creation
Sunset Legislation - Controlled Substance Prescribing Review Panel, end date

Amendment House Committee Amendment 1
Sponsor A. Koenig
Summary Make title amendment.
Index Headings Title Amendments - HB 354

Amendment House Floor Amendment 1
Sponsor K. Moser
Summary Create a new section of KRS Chapter 218A to establish the Controlled Substance Prescribing Review and Enforcement Advisory Council to provide advice, guidance, and recommendations to state licensing boards charged with enforcing and reviewing prescribing practices; establish membership, terms of office, and duties of the council; require the council to work in cooperation with affected entities; direct the Cabinet for Health and Family Services to provide staff, facilities, and resources for the meetings of the council; require other entities to cooperate with the council; amend KRS 218A.205 to require every state licensing board to promulgate administrative regulations relating to reviewing, investigating, and enforcing violations of prescribing practices.
Index Headings Drugs and Medicines - Controlled substance prescribing, practitioners, licensing boards
Health and Medical Services - Controlled substance prescribing, practitioners, licensing boards
Licensing - Controlled substance prescribing, practitioners, licensing boards
Nurses - Controlled substance prescribing, practitioners, licensing boards
Physicians and Practitioners - Controlled substance prescribing, practitioners, licensing boards
State Agencies - Controlled Substance Prescribing Review and Enforcement Advisory Council, establish
Substance Abuse - Controlled substance prescribing, practitioners, licensing boards
Reports Mandated - Controlled Substance Prescribing Review and Enforcement Advisory Council, annual
Advisory Boards, Commissions, and Committees - Controlled Substance Prescribing Review and Enforcement Advisory Council, establish

Amendment House Floor Amendment 2
Sponsor K. Moser
Summary Amend KRS 314.042 to add requirements for the Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances (CAPA-CS); prohibit an advanced practice registered nurse from prescribing under a CPA-CS until after two years of licensed practice; allow an advanced practice registered nurse to prescribe controlled substances without a CAPA-CS after eight years of prescribing under a CAPA-CS; set standards and restrictions for prescribing without a CAPA-CS.
Index Headings Drugs and Medicines - Advanced practice registered nurses, prescriptive authority
Nurses - Controlled substances, prescriptive authority collaborative agreement
Physicians and Practitioners - Advanced practice registered nurses, collaborative agreement
Licensing - Advanced practice registered nurses, collaborative agreement
Occupations and Professions - Advanced practice registered nurses, collaborative agreement

Amendment House Floor Amendment 3
Sponsor K. Moser
Summary Amend KRS 314.042 to add requirements for the Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances (CAPA-CS); create a new section of KRS Chapter 218A to establish the Controlled Substance Prescribing Review and Enforcement Advisory Council to provide advice, guidance, and recommendations to state licensing boards charged with enforcing and reviewing prescribing practices; establish membership, terms of office, and duties of the council; require the council to work in cooperation with affected entities; direct the Cabinet for Health and Family Services to provide staff, facilities, and resources for the meetings of the council; require other entities to cooperate with the council; amend KRS 218A.205 to require every state licensing board to promulgate administrative regulations relating to reviewing, investigating, and enforcing violations of prescribing practices.
Index Headings Drugs and Medicines - Advanced practice registered nurses, prescriptive authority
Drugs and Medicines - Controlled substance prescribing reviews, boards, administrative regulations
Nurses - Advanced practice registered nurses, prescriptive authority
Physicians and Practitioners - Advanced practice registered nurses, prescriptive authority
Health and Medical Services - Controlled substances, prescriptive authority
Licensing - Controlled substance prescribing reviews, boards, administrative regulations
State Agencies - Controlled Substance Prescribing Review and Enforcement Advisory Council, establish
Substance Abuse - Controlled Substance Prescribing Review and Enforcement Advisory Council, establish
Reports Mandated - Controlled Substance Prescribing Review and Enforcement Advisory Council, annual
Advisory Boards, Commissions, and Committees - Controlled Substance Prescribing Review and Enforcement Advisory Council, establish

Amendment House Floor Amendment 4
Sponsor K. Moser
Summary Amend KRS 314.042 to add requirements for the Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances (CAPA-CS); require an advanced practice registered nurse to pass each component of the United States Medical Licensing Examination prior to prescribing controlled substances; allow an advanced practice registered nurse to prescribe controlled substances without a CAPA-CS after eight years of prescribing under a CAPA-CS; set standards and restrictions for prescribing without a CAPA-CS.
Index Headings Drugs and Medicines - Advanced practice registered nurses, prescriptive authority
Licensing - Advanced practice registered nurses, collaborative agreement
Nurses - Controlled substances, prescriptive authority collaborative agreement
Occupations and Professions - Advanced practice registered nurses, collaborative agreement
Physicians and Practitioners - Advanced practice registered nurses, collaborative agreement

Amendment House Floor Amendment 5
Sponsor K. Moser
Summary Amend KRS 314.042 to reinstate the one-year moratorium on new advanced practice registered nurses prescribing controlled substances; require an advanced practice registered nurse to pass each component of the United States Medical Licensing Examination prior to prescribing controlled substances.
Index Headings Drugs and Medicines - Advanced practice registered nurses, prescriptive authority
Licensing - Advanced practice registered nurses, prescriptive authority
Nurses - Controlled substances, prescriptive authority, collaborative agreement
Occupations and Professions - Advanced practice registered nurses, prescriptive authority
Physicians and Practitioners - Advanced practice registered nurses, prescriptive authority

Last updated: 5/25/2022 2:58 PM (EDT)
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