The 2023 Legislative Session is Officially Underway in Kentucky

Kentucky lawmakers returned to Frankfort on Tuesday for the 2023 General Assembly. This year is a 30-day "short session," which is scheduled to meet for four days this week (Part 1) and then will re-convene for Part 2 on Tuesday, February 7, then run through March 30 (full schedule here).

KPhA's Executive Director Ben Mudd always keeps an ear close to the ground regarding pharmacy issues and has been at the Capitol since 2023's lawmaking session began Tuesday. Two bills were filed in the KY Senate by Sen. Julie Raque Adams that directly target pharmacy issues: Senate Bill 36 (SB36) and Senate Bill 37 (SB37).
SB 36 to Change Kentucky Board of Pharmacy (BoP) Appointments  
Currently, the Kentucky Board of Pharmacy is comprised of six members (five pharmacists, and one citizen at large), appointed by the Governor. KPhA submits a list of five pharmacists that the Association has vetted and believes best represent the practice of pharmacy, and the Governor selects the appointment(s) from this list. Senate Bill 36, however, would amend KRS 315.150 and affect the makeup of the BoP.  

With this amendment, the board will consist of nine pharmacists in different areas of practice, one pharmacy technician, and one citizen at large. The Governor will appoint any applicant meeting the qualifications and each appointment would require Senate confirmation. The new process removes the current vetting process by KPhA and will have deleterious effects on the profession of pharmacy.

SB37 Clarifies that only the PIC of an out-of-state pharmacy shall be licensed with the Board of Pharmacy
The KY Board of Pharmacy has previously filed proposed regulations to require all non-resident (out of state) pharmacists that fill Kentucky prescriptions to be licensed by the Board; that proposed regulation was withdrawn during their meeting yesterday. However, SB37 amends KRS 315 to explicitly state that only the PIC at an out-of-state pharmacy shall be required to obtain licensure from the Board. During the Board meeting yesterday, the Board also withdrew 201 KAR 2:460, which established the requirements to obtain and operate an out-of-state pharmacy permit to practice pharmacy in the Commonwealth.
KPhA's legislative priorities were unanimously approved by KPhA's Government Affairs Committee, followed by confirmation from the House of Delegates in November.

Priority 1: Comprehensive PBM Reform 
Despite HB 457 failure to clear the Senate in 2022, there remains significant momentum in both chambers for this initiative.

Priority 2: Expansion of the provisions of HB 48 (compensation for pharmacist professional services) to include Medicaid patients

Priority 3: Pharmacist Immunization Authority to age 3
Statutory changes are needed so that the immunization authority down to age three granted under emergency regulations can be continued permanently.

Please stay tuned for updates and advocacy alerts. We will send you email alerts as needed on key bills during the session. Then we will depend on your quick response—our KPhA members from across the state—to contact your lawmakers on the critical pharmacy policy issues as they are introduced.

You can visit the Kentucky General Assembly's website and use the 
Find Your Legislator tool to determine who represents you by entering your home address.

For another look at which state lawmakers represent which counties, you can check out maps from the Legislative Research Commission. 

Together, we will move the pharmacy profession forward. Together, we will keep pharmacy relevant. 



Upcoming Events