05RS SB63

SB63

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SB 63/LM/CI (BR 1132) - R. Stivers II, D. Boswell, J. Denton, T. Jensen, R. Jones II, A. Kerr, J. Rhoads, R. Roeding

     AN ACT relating to crimes and punishments.
     Create a new section of KRS Chapter 218A, relating to controlled substances, to prohibit distribution of dietary supplements containing ephedrine group alkaloids except by prescription; create new sections of KRS Chapter 218A to create the offenses of controlled substance endangerment to a child in the first through fourth degrees; create a new section of KRS Chapter 218A to require drugs containing ephedrine, pseudoephedrine, or phenylpropanolamine to be dispensed by pharmacist or pharmacy technician and a record kept of the transaction; amend KRS 218A.010 relating to controlled substances definitions to conform; create a new section of KRS Chapter 218A to specify that the use of knowingly, intentionally, wantonly, and recklessly have the same meaning as in KRS Chapter 501; amend KRS 218A.1402 to provide the same penalty for one who attempts, solicits, or facilitates a controlled substances offense as for the underlying offense; amend KRS 218A.1432, relating to manufacturing methamphetamines to require two chemicals or two of the items of equipment necessary for the manufacture of the drug for conviction of the offense; amend KRS 218A.1437, relating to possession of pseudoephedrine medication, to reduce the amount which can be possessed from 24 grams to 9 grams and to add a thirty day period for possession; amend KRS 218A.1438, relating to methamphetamine offenses, to permit filing a civil action against the defendant for clean up costs, costs of prosecution, and cost of detecting and investigating the offense in addition to or in lieu of criminal penalties; amend KRS 218A.992, relating to possession of a firearm during a drug offense, to be in furtherance of the offense; amend KRS 218A.1431 to conform.

SB 63 - AMENDMENTS


     SCA (1, R. Stivers II) - Remove new language referring to manufacture of other controlled substances in amendment of KRS 218A.1432 relating to manufacture of methamphetamine.

     SCA (2, R. Stivers II) - Remove the word "any" when referring to "any evidence," in an amendment of KRS 218A.010 relating to definitions for the controlled substances chapter.

     SFA (1, R. Stivers II) - Amend to clarify application to pharmacists; provide a good faith defense to log-keeping error violations; limit purchases of ephedrine to no more than three packages; allow exemption of non-abused preparations of ephedrine; remove references to controlled substances in the manufacturing methamphetamine statute.

     SFA (2, R. Roeding) - Amend to establish circumstances outside the control of the pharmacist or pharmacy technician preventing the creation or retention of a required record which are not subject to prosecution; establish a preemption of local laws and ordinances pertaining to the sale of the compounds containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts or isomers; make technical corrections.

     SFA (3, R. Stivers II) - Amend to clarify references to pharmacists and pharmacists technicians; set conditions for employer liability in regard to the log-keeping function; provide defense for log-keeping errors or omissions; limit purchases of ephedrine to no more than three packages; allow exemption of non-abused preparations of ephedrine; preempt local ephedrine laws; remove references to controlled substances in the manufacturing methamphetamine statute.

     SFA (4, R. Stivers II) - Amend to clarify references to pharmacists and pharmacists technicians; set conditions for employer liability in regard to the log-keeping function; provide defense for log-keeping errors or omissions; limit purchases of ephedrine to no more than three packages; allow exemption of non-abused preparations of ephedrine; preempt local ephedrine laws; remove references to controlled substances in the manufacturing methamphetamine statute.

     HCS/LM/CI - Retain original provisions except require log information to include purchaser's date of birth and name of product purchased; attach provisions of HB 343.

     HCA (1/Title, G. Lindsay) - Delete original crimes and punishments title and replace with AN ACT relating to drugs.

     HFA (1, G. Lindsay) - Amend to clarify that gelcap and liquid products are exempt from purchase quantity and logkeeping requirements.

     HFA (2, F. Rasche) - Amend to delete requirement that only a pharmacist or a pharmacist technician may sell drug products containing ephedrine, psuedoephedrine, or phenyylpropanolamine; preserve all other requirements relating to the sale of such drug products.

     HFA (3, F. Rasche) - Amend portions of bill relating to amounts of ephedrine and other drugs which may be possessed to refer only to the drug's base, and not include the drug's salts, isomers, or salts of isomers.

     CCR - Cannot agree.

     FCCR - Retain original provisions, add provision adding a pharmacy intern as being permitted to dispense drugs containing ephedrine; permit pharmacy to utilize Office of Drug Control Policy approved electronic record keeping for drugs containing ephedrine; provide that various health care providers and drug manufacturers, wholesalers, and pharmacies to be exempt from quantity requirements regarding drugs containing ephedrine; make title amendment.

     Feb 1-introduced in Senate
     Feb 2-to Judiciary (S)
     Feb 8-reported favorably, 1st reading, to Calendar with committee amendments (1) and (2)
     Feb 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 10, 2005; floor amendments (1) and (2) filed
     Feb 10-passed over and retained in the Orders of the Day; floor amendments (3) and (4) filed
     Feb 11-3rd reading; committee amendment (1) and (2) withdrawn; floor amendments (1) (2) and (4) withdrawn; passed 34-0 with floor amendment (3)
     Feb 14-received in House
     Feb 16-to Judiciary (H)
     Feb 17-posted in committee
     Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 24-2nd reading, to Rules; floor amendments (1) and (2) filed to Committee Substitute
     Feb 25-posted for passage in the Regular Orders of the Day for Monday, February 28, 2005; floor amendment (3) filed to Committee Substitute
     Mar 2-3rd reading, passed 97-0 with Committee Substitute, committee amendment (1-title), floor amendment (1)
     Mar 3-received in Senate
     Mar 8-posted for passage for concurrence in House Committee Substitute, committee amendment (1-title), floor amendment (1) on Tuesday, March 8, 2005; Senate refused to concur in House Committee Substitute, committee amendment (1), floor amendment (1); received in House; posted for passage for receding from House Committee Substitute, committee amendment (1-title), floor amendment (1); House refused to recede from Committee Substitute, committee amendment (1-title), floor amendment (1); Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in House; bill passed 84-0; received in Senate; Free Conference Committee report filed in Senate; Free Conference Committee report adopted in Senate; bill passed 33-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 150)


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