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Bevin vetoes rare disease council, end-of-life controlled substances; legislature can override


By Tom Latek
Kentucky Today

Kentucky lawmakers, so far, have two vetoes by Gov. Matt Bevin to potentially override when they return from recess on April 13.

Senate Bill 7, would establish and fund the Kentucky Rare Disease Advisory Council, to support rare disease research and treatment for 10 years.

The bill received unanimous approval in both the Senate and House and delivered to the governor on March 21.  He vetoed it on April 2.

Kentucky Today file photo

In his veto message, Bevin said the intent is laudable, but “is an unnecessary expansion of bureaucracy.  State employees ultimately do most of the work by such ‘voluntary’ advisory councils, for which SB 7 does not provide funding.”

The governor added, “The Kentucky Department for Public Health does not currently have the expertise to support activities in the specialized field of rare diseases. Under these circumstances, the objectives of the Kentucky Rare Disease Advisory Council would be difficult to fulfill.”

House Bill 148 dealt with the disposal of controlled substances during end-of-life care by hospices. It also unanimously passed the House and Senate only to be vetoed by the governor eight working days later.

Bevin praised the effort to decrease the diversion of controlled substances, but said the bill ran afoul of federal Drug Enforcement Administration regulations.

“The DEA does not register hospice providers therefore they do not have a DEA number in order to have controlled substances. The DEA does not allow, even if registered, home health or hospice providers to take controlled substances back from end users,” Bevin said.

The bill also directed the Department for Public Health to act as a reporting agency, but Bevin said the department has no statutory or regulatory authority over hospice, home health or controlled substances.

The governor said, while he is committed to reducing the scourge of drug abuse in Kentucky, he could not allow the bill to become state law.

Lawmakers will need a simple majority to have a chance at overriding any vetoes made by the governor.


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