On Page 1, Line 7, Following Actions to Insert the Following , to the Extent Otherwise

HOUSE OF REPRESENTATIVES / Sponsor: Gregory D. Stumbo
2012 Regular Session / Doc. ID: XXXXX
Amend printed copy of HB 4/HCS 1

On page 1, line 7, following "actions" to insert the following ", to the extent otherwise allowed by law,"; and

On page 2, between lines 16 and 17, to add the following:

"(a) Within three (3) business days provide a copy of the report to each licensed or regulated person named in the report;

(b) Inform the licensed or regulated person named in the report that he or she:

1. Has the right to seek counsel;

2. The procedures that the licensing board or agency shall follow with regard to the report; and

3. Require the licensed or regulated person specified in paragraph (a) of this subsection to submit an initial written response to the board within ten (10) business days;" and

On page 2, line 17, to delete "(a)" and insert in lieu thereof "(c)"; and

On page 2, line 18, to delete "(b)" and insert in lieu thereof "(d)"; and

On page 2, line 20, to delete "(c)" and insert in lieu thereof "(e)"; and

On page 2, line 23, to delete "(d)" and insert in lieu thereof "(f)"; and

On page 2, line 23, to delete "sixty (60)" and to insert in lieu thereof "one hundred twenty (120)"; and

On page 3, between lines 7 and 8, to insert the following:

"(h) In lieu of taking the other actions specified in this subsection, the licensing board shall delay notification and other actions if a law enforcement agency has specifically requested in writing or by digital communication a delay in board action because such action may compromise or jeopardize an investigation."; and

On page 4, line 11, following "treatment" to delete the comma "," and to insert "and" prior to "further"; and

On page 4, line 12, following "required" to delete ", and the results of any therapy utilizing a controlled substance"; and

On page 5, line 15, following "review" to insert "by the practitioner or by any person required or authorized by law to view the records"; and

On page 6, between lines 12 and 13, to insert the following;

"(7) A practitioner with prescribing or dispensing authority for a Schedule II or III controlled substance, not including a practitioner working for and under the authority of a narcotic treatment program licensed by the Cabinet for Health and Family Services, shall not dispense greater than a forty-eight (48) hour supply of a Schedule II or III controlled substance to a patient."; and

On page 6, line 13, to delete "(7)" and to insert in lieu thereof "(8)"; and

On page 6, line 23, to delete the "or" following the semicolon ";"; and

On page 6, line 27, to delete the period "." at the end of the line and to insert a semicolon";"; and

On page 6, below line 27, to insert the following:

"(e) The prescribing of a Schedule III, IV, or V controlled substance by a licensed optometrist to a patient in accordance with the provisions of KRS 320.240; or

(f) The prescribing of a three (3) day supply of a Schedule III controlled substance following the performance of oral surgery to a patient by a dentist licensed pursuant to KRS Chapter 313."; and

On page 7, between lines 18 and 19 to insert the following:

"(d) A primary care center licensed pursuant to KRS Chapter 216B;"; and

On page 7, line 19 to delete "(d)" and to insert in lieu thereof "(e)"; and

On page 7, line 20, to delete "(e)" and to insert in lieu thereof "(f)"; and

On page 8, line 14, following "Act" to insert a period "."; and

On page 8, lines 15 and 16, to delete the same; and

On page 8 line 19, following "section" to delete "and Sections 5, 6, 7, and 12 of this Act"; and

On page 9, line 16, following "authorization to" to insert "prescribe or"; and

On page 9, line 26, to delete the comma "," at the end of the line and insert a period "." in lieu thereof; and

On page 9, line 27, to delete the same; and

On page 10, line 1, to delete "7, and 12 of this Act."; and

On page 16, line 8, following "Class" to insert "B" and to place brackets around and strike through "A"; and

On page 16, line 9, following "Class" to insert "A misdemeanor" and to place brackets around and strike through "D felony"; and

On page 28, lines 16 to 18, to delete the same and to insert in lieu thereof:

"(a) His or her license is permanently revoked or suspended or his or her prescribing or dispensing authority is permanently revoked by another state, the terms of any revocation or suspension, and the reasons therefor;"; and

On page 29, lines 24 to 27, to delete the same and to insert in lieu thereof:

"(a) His or her license is other than permanently revoked or suspended or his or her prescribing or dispensing authority is other than permanently revoked by another state, the terms of any revocation or suspension, and the reasons therefor;"; and

On page 30, lines 26 and 27, to delete the same and to insert in lieu thereof:

"(1) A person applying for a license as a physician, dentist, nurse, podiatrist, optometrist, veterinarian, or other medical or health practitioner in Kentucky shall be denied a license and prescribing and dispensing authority in Kentucky when on an application for a license or for prescribing or dispensing authority he or she:

(a) Misrepresents a material fact; or

(b) Fails to include any information which would, if known, have resulted in the denial of the license or prescribing or dispensing authority.";and

On page 31, lines 1 to 6, to delete the same; and

On page 31, between lines 9 and 10, to insert the following:

"(3) A person who violates subsection (1) of this section shall also be subject to appropriate criminal liability."; and

On page 39, line 14, following "Kentucky by" to insert "the United States Postal Service or a common carrier" and on line 15 to delete "any means other than personal delivery at the place of business".

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