Sebelius signs law to prevent prescription drug abuse
Task force to begin tracking purchase of certain prescribed narcotics

To help combat prescription drug abuse, Governor Kathleen Sebelius today signed a bill forming the Controlled Substances Monitoring Task Force to track the purchase of prescription drugs.

“Modern medicines can treat an array of conditions, but there are some people who might abuse these drugs, inflicting a far more serious disease upon themselves - addiction,” Sebelius said. “This task force will look at ways to monitor and prevent prescription drug abuse.”

The bill, SB 302, establishes an 11-meamber task force to develop a plan for the creation and implementation of a controlled substances prescription monitoring program and an electronic purchase log. The electronic purchase log will have the capability to, in real-time, check compliance with all state, federal and local laws concerning the sale of certain narcotics, including ephedrine and pseudoephedrine. The task force will report its findings and conclusions to the Legislature on or before January 14, 2008.

Members of the task force will include the Attorney General, or his designee, one member appointed by the Kansas Health Policy Authority, one member appointed by the director of the Kansas Bureau of Investigation, two members appointed by the Board of Pharmacy, one member appointed by the Board of Healing Arts, one member appointed by the Kansas Medical Society, one member appointed by the Kansas Association of Osteopathic Medicine, one member appointed by the Kansas Pharmacists’ Association, one member appointed by the Kansas State Dental Association, and one member appointed by the Kansas Hospital Association.

SB 302 was one of fourteen bills signed today by Governor Sebelius.  These bills go into effect after their publication in the statute book.  Governor Sebelius has signed 97 bills during the 2007 Legislative Session and vetoed one.

Assisting with crime scene cleanup

HB 2318 amends the law regarding the Crime Victims Compensation Board, a division of the Office of the Attorney General, to provide for crime scene cleanup as an allowance expense, in an amount not to exceed $1,000.

Kaw River State Park designation

HB 2046 changes the name of State Park No. 24 to the Kaw River State Park.

Increasing conservation districts’ assistance limits

HB 2048 raises the limit of authorized state matching to county assistance for conservation districts from the current $10,000 per conservation district to a new maximum of $25,000 per district. The bill also makes this limitation applicable to fiscal years 2008 and thereafter, subject to appropriations.

Providing interest on unclaimed property

HB 2246 entitles the owner of unclaimed property to the interest that has accrued while under the control of the State Treasurer.  It also expands the definition of “communication in writing” and “correspondence” to include electronic communication in reports to the State Treasurer regarding unclaimed property and its accrued interest.

Allowing the Kansas Real Estate Commission to run background checks on licensees

HB 2295 allows the Kansas Real Estate Commission to require an applicant for a license to be fingerprinted and submit to a state and national criminal history background check. The commission may use the information obtained to determine the qualifications and fitness of the person to be issued or maintain a license. The commission may consider granting a license to an applicant who has been convicted of a felony or a crime requiring registration upon the applicant presenting proof satisfactory to the commission that the applicant now bears a good reputation for honesty, trustworthiness, integrity and competence to transact the business of real estate.

Changes to the licensure, examination and registration of CPAs

HB 2561 requires out-of-state CPA firms who wish to practice in Kansas to register with the Board of Accountancy. This bill allows the Board to deny, revoke, suspend or refuse to renew any application, permit, or certification of an out-of-state firm. The Board may also impose a fine of up to $2,000 for failure to comply with federal or state requirements regarding tax returns. Additionally, the bill expands the definition of “firm” to include an individual who operates as a sole practitioner as well as a business organization, defines PCAOB to mean the Public Accounting Oversight Board created by the Sarbanes-Oxley Act of 2002, and authorizes the Board to adopt rules and regulation regarding the terms “modified” and “adverse.”

Regulating KPERS payments

SB 109 requires school districts to distribute KPERS payments at least once each month and at least 12 times a year.

Ensuring accountability among assistant funeral directors

SB 179 requires assistant funeral directors to pass an examination by the Board of Mortuary Arts before being licensed. Additionally, those seeking a license must have graduated from an accredited high school or have obtained the equivalent of a high school education after the effective date of the bill.

Clarifying the Uniform Commercial Code

SB 183 clarifies the following major provisions of the Uniform Commercial Code (UCC): the substantive rules of Article 1 apply only to transactions within the scope of other articles of the UCC; the application of supplemental principles of law with clearer distinctions where the UCC is preemptive; the definition of “good faith” is revised to mean “honesty in fact and the observance of reasonable commercial standards of fair dealing”; and that evidence of “course of performance” may be used to interpret a contract along with “course of dealing and usage of trade.” These changes bring this law into consistency with other states.

Recognizing electronic documents as valid with the UCC

SB 308 amends Article 7 of the Uniform Commercial Code to authorize electronic documents of title to transfer rights in goods.

Regulating alcohol and drug treatment facilities

Sub. for SB 354 combines into one act two separate but parallel acts that concern alcohol and drug addiction, thus making terminology consistent throughout the statutes. The bill also makes violation of the licensing requirements for public and private treatment programs a class C misdemeanor, and creates a new statute that authorizes the Secretary of SRS to deny, suspend or revoke a license when there is a substantial failure to comply with standards adopted pursuant to the act. The bill also requires that persons suffering from alcohol or other drug addiction be assessed to determine the appropriateness of treatment and receive treatment in the least restrictive environment. This bill expands the definition of “treatment facility” to include certain persons licensed by the Behavioral Sciences Regulatory Board. 

Expanding the Foster Child Educational Assistance Act

SB 355 removes the sunset provision on the Foster Child Educational Assistance Act. The bill further amends the act to include both tuition and required fees as educational costs to be waived by secondary educational institutions for foster children.

Rendering real estate appraisers’ licenses inactive

SB 360 allows a real estate appraiser to request that the Real Estate Appraisers Board place their license on inactive status for a period of up to two years. The holder can request reinstatement from the Board and after paying a fee of $50. The board is authorized to develop rules and regulations regarding this practice and may ask a district court to subpoena the appraiser or witnesses to provide testimony in situations of disciplinary action.

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