UPDATE 2/7/12
FRANKFORT, Ky. (AP) --Gov. Steve Behear and other state leaders are pressing for a coordinated effort to battle prescription abuse that is blamed for an estimated 82 overdose deaths per month in Kentucky.

Beshear was joined at a news conference Monday by Attorney General Jack Conway, House Speaker Greg Stumbo and Senate Majority Leader Robert Stivers II to push for legislation aimed at "battling the scourge" of prescription abuse, saying it should be a top priority for the legislative session.

They highlighted two bills in particular. One would require all Kentucky physicians to use the state's prescription monitoring system, known as KASPER, and another would require all pain management clinics in the state to be owned by physicians.

The legislation would require the state’s KASPER program -- which stands for Kentucky All Schedule Prescription Electronic Reporting -- to move from the Cabinet for Health and Family Services to the Attorney General’s office.

In turn, that office, the Kentucky State Police and the state’s medical license boards would be called upon to work closely together and share any reports of abuse they discover.

All prescribers would be required to register with KASPER, too. According to the Cabinet for Health and Family Services, less than a third of prescribers and less than a fourth of pharmacists had accounts as of 2010. Once registered, prescribers will be required to run KASPER reports on all new patients and periodic checks on those they already see.

To help stop the proliferation of pain clinics, Speaker Stumbo’s legislation would require these businesses to be owned by a licensed physician. Prescribers charged with abusing their prescription privileges, meanwhile, would be barred from providing medicine, and those found guilty -- either here or in another state -- would see their prescription privileges stripped.

“This epidemic truly knows no bounds, and it’s poised to get much worse if we do nothing,” said Speaker Stumbo. “My approach will help us end the deadly flow of these drugs both now and however the battlefield may change in the future.”

Elsewhere in the legislation, all schedule II and III drugs -- which includes powerful pain medicine like Hydrocodone and Oxycontin -- would be limited to 30-day supplies. In all cases where overdoses are suspected in a death, coroners would be required to verify whether that was the exact cause.

KASPER BILL OUTLINE
Attorney General to operate KASPER system. It is essential to ensure that KASPER is operated by a law enforcement entity with a proven track record of cracking down on drug diversion. This will serve as an essential counterbalance to the licensing boards, which are not well suited to focusing on law enforcement issues. The bill provides that within 90 days of passage, the entire KASPER system shall be transferred to the Office of the Attorney General. This includes computer systems, data, contracts and any unexpended funds. The Attorney General may also determine which KASPER employees are to be transferred along with the program. The Cabinet for Health and Family Services is fully cooperating in this transfer. (Non-codified language.)

Governor to appoint pain and addiction specialists to licensing boards. Recognizing that the licensing boards require additional expertise in the areas of pain treatment and addiction risks, the Governor will appoint certified specialists in these fields to both the Kentucky Board of Medical Licensure and the Kentucky Board of Nursing. (Non-codified language.)

Kentucky State Police, Office of the Attorney General, and Licensing Boards to share reports of improper prescribing. In order to ensure that all appropriate enforcement authorities are promptly apprised of drug diversion complaints, the Kentucky State Police, the AG and the licensing boards must share any such reports within three (3) days of receipt. This will eliminate cases in which actions are proceeding in one forum while others with enforcement authority are unaware of the case.

Licensing Boards required to act promptly on complaints. Immediately upon receipt of an improper prescribing complaint, the appropriate licensing board shall initiate an investigation, seek any needed expert assistance, and issue a report within sixty (60) days determining whether appropriate medical practices have been followed. This report shall be transmitted to KSP and OAG.

Administrative suspension of prescribing privileges required in appropriate cases. The licensing board shall immediately suspend prescribing privileges in any case where public safety (or the health and safety of a patient) is compromised, and promptly conduct a full disciplinary hearing. This rapid response will ensure that the public is protected from dangerous prescribing practices by administrative action without delay.