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

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

Medicaid: synced refills and prorated copays

Kentucky Medicaid offers medication synchronization for chronic medicines. You, your prescriber, and your pharmacist must agree it is best. Eligible drugs are refillable, covered, not Schedule II or hydrocodone‑containing Schedule III, meet prior authorization, and can be short‑filled without breaking quantity or dose rules. Medicaid charges a prorated daily cost share for these short fills. Pharmacies are paid the full dispensing fee for each fill and refill.

Stricter opioid prescribing and supply limits

Before starting any Schedule II drug, your prescriber must take your history, examine you, check the last 12 months in the monitoring system, make a written plan, discuss risks, and get your written consent. If treatment continues beyond three months, they must review your plan and check the monitoring system at least every three months. Prescribers must keep full medical records for these drugs. For acute pain, a Schedule II prescription is limited to a three‑day supply unless certain medical exceptions apply. A prescriber who gives a Schedule II drug directly may provide no more than a 48‑hour supply, except in a licensed narcotic treatment program. Licensing boards must set mandatory standards and may create narrow exemptions for surgery‑related care, emergencies, inpatient care, hospice or cancer pain, short substitutions, and approved research.

Private plans: synced meds and early refills

Your health plan must offer medication synchronization for covered, refillable chronic drugs. It excludes Schedule II and hydrocodone‑containing Schedule III drugs, and drugs must meet prior authorization and be suitable for short fills. Copays or coinsurance are prorated by the days supplied at network pharmacies. Dispensing fees are not prorated and apply to each fill or refill. Plans must have an early‑refill exceptions policy for non‑controlled drugs and may cap payment at three refills in any 90‑day period.

Faster action on unsafe prescribing

Boards must be able to quickly suspend or limit a provider’s license when patients are at risk. Boards must start investigations within 7 days and decide on charges within 120 days, unless police need more time for a criminal case. Boards must use pain and addiction specialists if they lack that expertise. Agencies may share reports about improper prescribing within 3 business days. Prosecutors must notify the Attorney General and the right board within 3 business days after a public drug‑related felony indictment of a licensed person.

PDMP data sharing with privacy limits

The health cabinet may share prescription monitoring data with other states or exchange groups if their systems are compatible. It gives priority to states that border Kentucky. The cabinet must review each agreement every year. Each agreement must ban any use or sharing of Kentucky data that the law does not allow.

Stronger licensing checks and discipline

New license applicants who can prescribe or dispense controlled drugs must pass fingerprint‑based state police and FBI checks. Starting with the first full education year after July 1, 2012, at least 7.5% of continuing education must cover the monitoring system, pain care, or addiction. A felony controlled‑substance conviction after July 20, 2012 brings a permanent ban on prescribing or dispensing; related misdemeanors bring limits. Boards must mirror other states’ discipline for improper controlled‑substance prescribing or dispensing. Licensees and applicants must report covered convictions or discipline. Boards must check the National Practitioner Data Bank for each applicant and continuously report board actions to it.

Updated drug definitions in law

The law updates many terms in the controlled‑substances chapter. It clarifies what counts as a controlled substance, analogs, fentanyl and similar drugs, synthetic cathinones, THC, telehealth, and more. These changes guide how rules apply to prescribers, pharmacists, police, boards, courts, and the public.

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