Rep. Derek Lewis

Create a new section of KRS Chapter 319A to include Kentucky in an interstate compact for licensure as an occupational therapist; set the compact's purpose, definitions, and requirements for state participation; allow a practitioner to hold both a home state license and a compact privilege; authorize active duty military personnel or their spouses to retain a home state during active duty; make the home state the only jurisdiction that may impose adverse action against a license; establish the Occupational Therapy Compact Commission; require the commission to develop, maintain, and use a licensee data system shared by all member states; grant the commission rulemaking power; designate oversight, dispute resolution, and enforcement authority under the compact; fix the effective date of the compact as the date the tenth member state enacts the compact into law; establish the construction, binding effect, and severability of the sections of the compact; amend KRS 319A.140 and 319A.180 to include compact licensure as a means to practice occupational therapy.

Create new sections of KRS Chapter 224A to making findings and declarations of the General Assembly regarding the need for funding for public funding for drinking water and wastewater systems; establish a water management assistance fund which is administered by the Kentucky Infrastructure Authority to provide assistance for both capital and non-capital expenses of governmental entities that provide public drinking water and wastewater services to the public; describe the various non-capital expenses that the fund can provide funding for; amend KRS 91A.040 to make permissive the requirement for the Finance and Administration Cabinet to place a hold on the funds to cities for nonperformance of required financial audits and statements; amend KRS 224A.011 to include private water associations under the definition of "governmental agency"; amend 224A.035 to authorize the Kentucky Infrastructure Authority to make non-capital expenditure from funds that it governs; and amend KRS 224A.040 to allow expenditure for non-capital expenditures that improve the technical, managerial, or operational capacity of public drinking water and wastewater systems and allow for the purchase of obligations if the purchase does not cause interest on current or future state agency obligations to be included in gross federal income for federal tax purposes.

Amend KRS 164.370 to define terms; require a governing board of a public postsecondary education institution to adopt a code for student conduct, establish minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension, expulsion, or termination of student housing, including a presumption of innocence, written notice, maintenance of an administrative file, the right to be present and participate meaningfully, the right to fair and impartial treatment, and the ability to bring a support person; establish enhanced minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension of 3 days or more, expulsion, or termination of student housing, including the right to be represented by counsel, to present relevant hearing evidence, and to cross-examine hearing testimony; provide a respondent that is suspended for 3 days or more, expelled, or has their campus housing terminated the right to appeal the results of a disciplinary hearing; provide that a participant has the right to appeal a Title IX allegation that does not result in a finding of a violation; provide a respondent or designated complainant shall have the right to appeal a final order of the governing board in Circuit Court; provide that nothing in the section shall be interpreted to impede or delay law enforcement, impair an institution's ability to take reasonable interim measures in a student discipline matter, impair an institution's ability to effectuate a valid judicial order, impair an institution's ability to terminate a student's residence in campus housing for any other reason than a student disciplinary matter, or limit any addition rights afforded under Federal law; create a new section of KRS 164 to require a public postsecondary education institution to publish a report on student discipline every three years; establish the required contents of the report; permit a postsecondary education institution to apply to the Attorney General for an exemption when the institution maintains that required data cannot be adequately deidentified to conform to Federal Law; provide that the Act may be cited as the Kentucky Campus Due Process Protection Act.

Amend KRS 218A.1410, 218A.1412, and 218A.142 to enhance the penalty for importing or trafficking carfentanil, fentanyl, or fentanyl derivatives from a minimum of 50 percent of the sentence served to a minimum of 85 percent of the sentence served and establish prohibition against the use of pretrial diversion for those criminal offenses.

Amend KRS 7.090 to remove the ability of interim joint committees to pre-file bills; repeal KRS 6.245, relating to pre-session filing of bills.

Recognize April 2, 2022, as World Autism Awareness Day and April 2022 as Autism Acceptance Month.

Create new sections of Subtitle 17C of KRS Chapter 304 to define terms; permit third-party access to provider network contracts if certain conditions are met; prohibit a dental carrier from canceling or otherwise ending a contractual relationship with a provider that opts out of third-party access; require a dental carrier to accept a qualified provider regardless of whether the provider opts out of third-party access; provide that a provider shall not be bound by third-party access granted in violation of the relevant provisions; establish exceptions to the third-party access provisions; allow a dental benefit plan to deny a claim for procedures included in a prior authorization when certain conditions are met; establish requirements for payments from the dental benefit plan to the dentist; require an insurer of a dental benefit plan to honor an assignment of benefits and make payments directly to the dentist or professional dental service corporation when certain conditions are met; permit a dentist or professional dental service corporation with a valid assignment of benefits to bill the insurer and notify the insurer of the assignment; require the dentist or professional dental service organization to provide the assignment of benefits to the insurer upon request; allow an assignment of benefits to be revoked when certain conditions are met; require the insurer of a dental benefit plan to send a revocation to the dentist or professional dental service corporation; establish the effective date of a revocation; require a dentist or professional dental service corporation to reimburse an insured under certain circumstances; prohibit provisions relating to third-party access, prior authorization, and assignment of benefits from being waived by contract; create a new section of Subtitle 17A of KRS Chapter 304 to require an insurer and its health insurance plans to comply with the provisions relating to third-party access, prior authorization, and assignment of benefits; amend KRS 304.17C-085 to define terms; prohibit a provider from charging more than the provider's rate for noncovered services under a limited health service benefit plan; prohibit the amount of a contractual discount for covered services from resulting in a fee less than the limited health service benefit plan would pay but for certain contractual limitations; require reimbursement by a limited health service benefit plan to be reasonable and prohibit nominal reimbursement in order to claim services are covered; amend KRS 304.17A-611 to require retrospective denials of dental services to comply with the new section on prior authorization; amend KRS 222.422 to conform; permit the commissioner of insurance to promulgate regulations.

Amend KRS 67.083 to allow a fiscal court of any county to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state; amend KRS 92.281 to allow cities of all classes to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state; amend KRS 610.350 to allow certain local government bodies to levy taxes within constitutional limitations, provided that the tax is allowed by the statutes of this state; amend KRS 83.520 to allow the legislative body of a city of the first class to levy all taxes, provided that the taxes are allowed by the statutes of this state; amend KRS 65.760 to allow local governments to levy certain taxes, provided that the taxes are allowed by the statutes of this state; create a new section of KRS Chapter 92 to prohibit municipal corporations that are authorized to levy and collect taxes or fees from levying the tax or fee unless the tax or fee is allowed by the statutes of this state; EFFECTIVE only upon the ratification by voters of an amendment to Section 181 of the Kentucky Constitution.

Amend KRS 314.042 to require that advanced practice registered nurses exempted from a CAPA-NS include certified nurse practitioners, certified nurse midwifes, and certified registered nurse anesthetists; allow the CAPA-CS to include limitations on drugs and amounts and requirements for the APRN to communicate with the physician before prescribing; establish conditions for an APRN to prescribe controlled substances without a CAPA-CS after four years of controlled substance prescribing authority under a CAPA-CS; require an APRN to confirm with the nursing board that the APRN's license is in good standing before prescribing without a CAPA-CS; set procedures for the nursing board's license review, including promulgation of administrative regulations; exempt an equivalently qualified out-of-state APRN from the CAPA-CS requirement to prescribe under licensure by endorsement; prohibit an APRN from prescribing controlled substances without a CAPA-CS until the board has completed its review and notified the APRN in writing; create a new section of KRS Chapter 194A to create the Controlled Substance Prescribing Boards Advisory Council within the Office of the Inspector General; establish membership of the board; require meetings to discuss matters relating to the prescribing on controlled substances; require annual report.

Create various new sections of KRS 218A to define terms and establish a medicinal cannabis program; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 139.470 to exempt the sale of medical cannabis from the state sales tax; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on controlled substances; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department for Public Health; amend KRS 218A.010, 218A.1421, 218A.1422, and 218A.1423 to conform; amend KRS 218A.202 to require the Department for Public Health to utilize the electronic system for monitoring controlled substances to monitor medicinal cannabis; amend 218A.500 to conform; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; some sections EFFECTIVE July 1, 2023; APPROPRIATION.