Rep. Patrick Flannery

Amend KRS 189A.010 to remove the penalty enhancement for refusal of a blood test; amend KRS 189A.104 to remove blood tests from the list of alcohol or substance tests that are subject to enhancement of penalties; amend KRS 189A.105 to remove the limitations for obtaining a search warrant for a blood test and provide that a refusal of a blood test will not result in the enhancement of any criminal penalty; amend KRS 189A.107 to describe that the refusal of a blood, breath, or urine test will subject a person to license suspension; amend KRS 189A.110 to include an alcohol concentration reading of 0.15 percent as a qualifying result for the minimum four hour detention requirement; EMERGENCY.

Amend KRS 39A.100 to exclude houses of worship from emergency condemnation authority; prohibit a governmental entity from prohibiting religious services during an emergency to a greater extent than imposed on other organizations or businesses that provide essential services; require a compelling governmental interest to place a burden on a religious organization; prohibit a governmental entity from taking any discriminatory action against a religious organization on the basis that the organization is religious; define "discriminatory action," "governmental entity," "religious organization," and "religious services"; allow a religious organization to assert a violation of this section as a claim against a governmental entity or as a defense and waive sovereign, governmental, and qualified immunity to the extent of liability under the section; set out remedies available to a religious organization; require construciton in favor of protecting free exercise of religion; require a religious organization to bring an action no later than two years from the date the person should have known of the discriminatory action.

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.

Establish Subtitle 12 of KRS Chapter 286 and create sections thereof to define terms; prohibit engaging in the business of nonrecourse consumer legal funding transactions without a license; establish licensing requirements; provide that nonrecourse consumer legal funding transactions are not loans and exempt from statute relating to interest; establish requirements for nonrecourse consumer legal funding transaction contracts; prohibit certain actions by nonrecourse consumer legal funding companies; provide for attorney communications and responsibilities; establish penalties; provide that the new subtitle on nonrecourse consumer legal funding shall not restrict the powers or duties of the Attorney General; amend KRS 286.4-410, 360.010, and 372.060 to conform.

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.

Amend KRS 156.070 to require KHSAA to promulgate administrative regulations or bylaws requiring schools to designate all interscholastic athletics based upon the biological sex of the students eligible to participate; prohibit male students from participating in girls' athletics; establish how to designate biological sex; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a school that violates these provisions; create a new section of KRS Chapter 164 to require a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association to designate all intercollegiate and intramural athletics authorized by the institution based on biological sex of students eligible to participate; require that institutions prohibit male students from participating in womens' athletics; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a postsecondary institution that violates these provisions; title the Act "Fairness in Womens' Sports Act."

Create a new section of KRS Chapter 45A to require all costs and expenses related to election administration be paid for with public funds; prohibit a state governmental body employee from accepting anything of value to assist with election administration unless entered into as a lawful contract; create a new section of KRS Chapter 65 to require all costs and expenses related to election administration be paid for with public funds; prohibit a local governmental body employee from accepting anything of value to assist with election administration unless entered into as a lawful contract; require a local governmental body employee to disclose, in writing and within five days, to the Governor and the General Assembly any communication related to election laws and election administration from a federal executive branch agency; create a new section of KRS Chapter 117 to require any governmental body employee to disclose, in writing and within five days, to the Governor and the General Assembly any communication related to election laws and election administration from a federal executive branch agency; amend KRS 116.045 to prohibit a county clerk or local governmental body employee from accepting any private monetary funds to assist with voter registration activities unless accepted as part of a valid contract; amend KRS 117.015 to prohibit the State Board of Elections from accepting any private monetary funds for election administration unless accepted as part of a valid contract; amend KRS 117.995 to prescribed criminal penalties for local and state governmental employees who fail to properly disclose communication from a federal executive branch agency and employees who accept a private contribution or anything of value to assist with election administration unless part of a valid contract; amend KRS 48.630 to prohibit unbudgeted federal appropriations for expenditures related to election administration; and provide that the act may be cited as the "Stop Outside Influence Over Elections Act of 2022."

Create a new section of KRS Chapter 237 to prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; and prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; EMERGENCY.

Amend KRS 132.010 , relating to property taxation, to define "rare earth element"; amend KRS 132.820 and KRS 143A.010, relating to taxation of natural resources, to include rare earth elements; amend KRS 134.546 to conform; EFFECTIVE January 1, 2023.