Kentucky News: Legislation Update 2011

June 8, 2011 9:52 AM

Originally published in the June 2011 Kentucky Board of Pharmacy Newsletter

SB 40 was passed during the 2011 Legislative Session and signed into law by Governor Steve Beshear. This bill authorizes pharmacists to administer flu vaccines only to individuals nine to 13 years old pursuant to a prescriber-approved protocol and with consent of parent or guardian. Upon request of the individual, parent, or guardian, the pharmacist must provide notice to the primary care provider.

SB 71 was passed during the 2011 Legislative Session and signed into law by Governor Beshear. This bill establishes a licensure board for individuals providing diabetes education; however, it exempts pharmacists and some other licensed health care providers from being licensed by this new board.

HB 311 was passed during the 2011 Legislative Session and signed into law by Governor Beshear. This bill updates Kentucky’s Controlled Substances Act to allow electronic prescribing of controlled substance prescriptions (Schedule II, III, IV, and V). Even though HB 311 becomes effective June 8, 2011, software provider applications prior to use for e-prescribing must undergo independent audit or certification by a certification organization approved by Drug Enforcement Administration (DEA). The audit or certification must determine whether an application meets DEA requirements (both prescriber and pharmacy). As of this date no organizations have been approved. DEA will announce approvals via Federal Register notices and its Office of Diversion Control Web site at www.deadiversion.usdoj.gov. Until these software applications have been approved, e-prescriptions of controlled substances will not be valid. All these bills will become effective June 8, 2011.