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SB 94 passes Ky House 92-1! Bill to end need for CAPA-CS is on way to Governor to be signed into law

FRANKFORT, Ky. -- Big news from the capitol city where KANPNM's bill to end the need for a CAPA-CS passes the State House with a resounding vote of 92-1.

SB 94, sponsored by Senator Julie Raque Adams and carried in the House by Representative Russell Webber moved quickly among the Friday Orders of the Day.  

This epic milestone for APRNs in the state comes after extensive negotiations and collaboration with the Kentucky Medical Association to create policy that moves access to care forward as it strengthens oversight of all prescribers and dispensers through creation of Controlled Substances Prescribing Council.

Agreement between KANPNM and KMA was reached, allowing both groups to appear in support of SB 94 and testify before committees in the Senate and House as a united front.

Dr. Beth Partin's Testimony on SB 94 

I come to you today bearing good news! 


After 5 months of frank, honest, respectful, and thoughtful discussions, the Kentucky Association of Nurse Practitioners and Nurse Midwives and the Kentucky Medical Association have come to an agreement on the bill language in SB 94. Thank you to Dr. Swikert, Cory Meadows, and John Cooper for your participation on the negotiation team. As a member of the negotiation team, I can say the tenor of the meetings over the past months were more reflective of the everyday good relationships that physicians and nurse practitioners enjoy and my hope is that our organizations may now move forward with that spirit of cooperation in the future. 


These are the key provisions of SB 94

  • APRNs who wish to prescribe scheduled drugs, must maintain a CAPA-CS for 4 years before they will be eligible to prescribe without a CAPA-CS. 

  • In the first year of a CAPA-CS, the APRN and collaborating physician must meet quarterly in person or by video conferencing to review the APRN’s reverse KASPER. 

  • After the first year, the APRN and the physician must meet in person or by video conferencing every 6 months to review the reverse KASPER. 


  • After 4 years, APRNs who wish to prescribe without a CAPA-CS, must send a request to KBN. KBN will check to make sure the APRN’s license is in good standing and then notify the APRN in writing that they are no longer required to maintain a CAPA-CS. 


  • APRNs who have had a CAPA-CS for 4 or more years may send a request to KBN, after the bill has gone into effect. These APRNs will be grandfathered and allowed to prescribe controlled substances without a CAPA-CS, once their licenses have been reviewed by KBN and found to be in good standing. 


The bill also creates the Controlled Substance Prescribing Council that is chaired by the OIG and whose members include a representative from the Office of Drug Control Policy, physicians, APRNs, dentists, an optometrist, podiatrist, and pharmacist.  The function of the Council is to discuss and make recommendations on matters relating to safe and appropriate prescribing and dispensing of controlled drugs. The Council will help to shine light on problem areas in the state so they may be addressed, as well as identify new ways we may improve policies related to prescribing and dispensing controlled substances. The Council is tasked with:

  • reviewing aggregate KASPER data by provider type and county. 

  • making recommendations regarding how to improve KASPER data collection.

  • making recommendations to licensure boards on how to better enforce laws and correct inappropriate prescribing.

  • communicating recommendations to the licensure boards, with the boards required to respond within 90 days to the council’s recommendation.

  • requesting information, if needed, from the licensure boards regarding their investigation and enforcement procedures. 

  • submitting an annual report to the Governor and the LRC.

  • making policy recommendations to the legislative and executive branches to improve prescribing and enforcement practices. 

SB 94 is about improving access to care for Kentuckians and safe prescribing of scheduled drugs. It is good policy. 





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