KentuckyHB 3882026 Regular SessionHouseWALLET

AN ACT relating to prescription drugs.

Sponsored By: Robert Duvall (Republican)

Signed by Governor

Drugs And MedicinesHealth And Medical ServicesHealth Care ProfessionalsOptometristsPharmacistsPhysiciansState Agencies

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 5 benefits, 1 costs, 5 mixed.

Stronger discipline for prescribers and dispensers

Licensing boards must permanently bar prescribing or dispensing by anyone convicted of a controlled‑substance felony after July 20, 2012, and mirror other states’ discipline; they must also restrict those with related misdemeanors. Boards must start investigations within 7 days and make a charging decision within 120 days unless law enforcement requests a defined extension. Boards can temporarily restrict a license if the person likely endangers patients or the public. New applicants must complete fingerprint‑based state and FBI checks, and at least 7.5% of required continuing education must cover the PDMP, pain, or addiction. Boards must report to and query the National Practitioner Data Bank, use pain and addiction experts when needed, and cooperate with law enforcement.

Tighter rules for Schedule II pain meds

Before prescribing a Schedule II drug, your doctor must take a medical history, do an exam, check the state system for the past 12 months, make a written treatment plan, and get your written consent. If treatment lasts over three months, the doctor must recheck the system at least every three months before any new prescription or refill. For acute pain, prescriptions are limited to a three‑day supply unless an exception or documented medical necessity applies; when necessity is documented in your record, a longer prescription is presumed valid for dispensing. A practitioner cannot dispense more than a 48‑hour supply of a Schedule II drug unless it is part of a licensed narcotic treatment program. State boards must adopt mandatory prescribing and dispensing standards that reflect these rules.

Electronic prescribing and telehealth updates

Beginning January 1, 2021, controlled‑substance prescriptions must be sent electronically, with many exceptions (for example, veterinarians, outages, hospice, nursing facilities, research, out‑of‑state pharmacies, or approved waivers). Pharmacists do not have to verify whether a written, oral, or faxed prescription fits an exception, and may fill valid non‑electronic prescriptions under current law. The Cabinet sets enforcement rules, waivers, and penalties. A telehealth exam counts as a good‑faith prior exam like an in‑person exam, except for hospice providers.

PDMP reporting, privacy, and data sharing rules

Dispensers must report required data to the state system within one day of dispensing. Kentucky hospitals must report positive emergency‑room toxicology screens for suspected overdoses. The data are not public; the Cabinet can limit online retention but must archive data, and patients can ask to fix errors after a report is disclosed. Only listed people and agencies can access PDMP data; investigators who share must document it, and boards may use data in hearings with confidentiality steps. The Office of Inspector General reviews patterns every quarter. Courts and prosecutors must send conviction and indictment information for inclusion and notifications. A medicinal‑cannabis practitioner may share a PDMP report with the patient and place it in the medical record. Intentional reporting failures or unauthorized disclosures are crimes with escalating penalties.

State system tracks cannabis and controlled drugs

The state runs a monitoring system for Schedules II–V and medicinal cannabis. Practitioners, pharmacies, medicinal‑cannabis practitioners, and licensed cannabis businesses must register and keep active accounts, and the system cannot charge a fee or tax just to operate it. By July 1, 2024, the system tracks medicinal cannabis from grow to sale, records written certifications, checks registry card validity, and shares dispensary sales in real time. The Cabinet may share data with compatible systems in other states, prioritizing nearby states and blocking unauthorized sharing.

Medicaid synchronized refills and prorated copays

Kentucky Medicaid lets some chronic medicines use synchronized refills. Schedule II drugs are not allowed, but Schedule III hydrocodone products are now eligible. When you use synchronization, Medicaid or your plan charges a prorated daily copay for the short fill. Pharmacies still receive a full dispensing fee for each prescription, even for short fills.

Full dispensing fee on synced fills

When patients use medication synchronization, dispensing fees are not prorated. Pharmacies receive the full dispensing fee for each prescription filled or refilled.

Easier reporting of drug complaints

Boards cannot require sworn or notarized complaints about controlled substances. You must list your name and address, unless the board allows anonymous complaints. If anonymous complaints are allowed, they must include enough proof set by the board.

Stronger privacy for drug monitoring data

The law limits who can see prescription and medicinal cannabis tracking data. Access is only for named groups, like licensing boards, trained investigators, grand juries, and hospital chief medical officers for care. Intentionally sharing PDMP data with someone not allowed, or getting it without a real patient or investigation, is a crime. The first offense is a Class B misdemeanor. Later offenses are Class A misdemeanors.

More PDMP training for professionals

The Cabinet creates PDMP training with licensing boards. Prescribers, medicinal cannabis practitioners, lawyers, law enforcement, and cannabis business agents get continuing education on how to use the system.

Health plans: med sync and refill limits

Your health plan must offer medication synchronization for covered chronic drugs when you, your prescriber, and your pharmacist agree. Schedule II drugs and Schedule III products with hydrocodone cannot be synchronized. When synchronized, the plan must apply a prorated daily cost‑sharing to each drug. Plans must also have an exceptions policy that covers early refills for non‑controlled drugs. An insurer may limit payment to no more than three refills of a drug in any 90‑day period.

Sponsors & Cosponsors

Sponsor

Robert Duvall
Republican • House

Cosponsors

Kimberly Poore Moser
Republican • House

Roll Call Votes

All Roll Calls

Yes: 130 • No: 0

Senate vote • 3/25/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 2/6/2026