(1) A Drug Management Review Advisory Board is hereby established and attached to the Cabinet for Health and Family Services for administrative purposes. The board shall consist of sixteen (16) members to be appointed by the secretary of the Cabinet for Health and Family Services and shall be constituted as follows:
(a) Five (5) members shall be physicians, one (1) each from the fields of family medicine, internal medicine, pediatrics, and geriatrics. The fifth physician appointed shall be from any other recognized field of medicine. Two (2) of the above indicated physicians shall be representatives of the two (2) current medical schools in the Commonwealth, the University of Kentucky and the University of Louisville Schools of Medicine;

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Kentucky Statutes 205.5636

  • Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
  • Ex officio: Literally, by virtue of one's office.
  • Nurse: means a person authorized to practice professional nursing under the laws of the Commonwealth. See Kentucky Statutes 205.510
  • Optometrist: means a person authorized to practice optometry under the laws of the Commonwealth. See Kentucky Statutes 205.510
  • Pharmacist: means a person authorized to practice pharmacy under the laws of the
    Commonwealth. See Kentucky Statutes 205.510
  • Physician: means a person authorized to practice medicine or osteopathy under the laws of the Commonwealth. See Kentucky Statutes 205.510
  • Quorum: The number of legislators that must be present to do business.
  • Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010

(b) Five (5) members shall be pharmacists, at least one (1) of whom shall be designated as the representative of the University of Kentucky College of Pharmacy;
(c) Two (2) members shall be advanced practice registered nurses;
(d) One (1) member shall be an optometrist and one (1) member shall be a physician’s assistant;
(e) One (1) member shall be a representative of the Cabinet for Health and Family
Services designated to serve on an ex officio basis; and
(f) One (1) nonvoting member shall be a member of the pharmaceutical manufacturing industry.
(2) (a) The physician members of the board shall be appointed from a list of three (3) qualified physicians for each vacancy submitted by the Kentucky Medical Association.
(b) The pharmacist members of the board shall be appointed from a list of three (3) qualified pharmacists for each vacancy submitted by the Kentucky Pharmacy Association.
(c) The advanced practice registered nurse members of the board shall be appointed from a list of three (3) for each vacancy, submitted by the Kentucky Nurses Association.
(d) The optometrist shall be appointed from a list of three (3) qualified optometrists submitted by the Kentucky Optometric Association.
(e) The physician’s assistant shall be appointed from a list of three (3) qualified physicians assistants submitted by the Kentucky Board of Medical Licensure.
(3) The secretary may appoint one (1) nonvoting industry representative to be selected from a list of three (3) members nominated from the Pharmaceutical Research and Manufacturers of America. The secretary may request additional names for appointments and current members may be considered for reappointment. All members of the board shall be licensed and actively practicing in their respective professions in the Commonwealth and shall have knowledge or expertise in at least one (1) of the following areas:
(a) The clinically appropriate prescribing, utilization, and evaluation of pharmaceuticals;
(b) The clinically appropriate dispensing and monitoring of pharmaceuticals;
(c) Drug utilization review, pharmacoeconomic and pharmacoepidemiological evaluation and intervention, pharmacotherapeutic intervention methods in disease management using treatment algorithms, critical paths, and other measures that have been well defined and validated; and
(d) Medical quality assurance.
(4) Three (3) of the initially appointed physician members, three (3) of the initially appointed pharmacist members, and one (1) of the initially appointed advanced practice registered nurses shall be appointed for a term of one (1) year. The remaining initial members shall be appointed for a term of two (2) years. Subsequent appointments shall be for a term of two (2) years. Members shall serve for no more than three (3) consecutive terms. The board shall designate a chair and vice chair. A member shall serve no more than two (2) consecutive terms as chair.
(5) The first meeting of the board shall take place within thirty (30) days of the appointment of all the members of the board.
(6) The board shall meet at least quarterly, or upon the call of the chair or the commissioner. A majority of the voting members of the board shall constitute a quorum. All meetings shall be conducted in accordance with the provisions of the Open Meetings Act, KRS § 61.805 to KRS § 61.850, and all balloting shall take place by roll call vote.
(7) Actions of the board shall require a majority vote of the members present or participating through distance communication technology. No member may vote on a matter where a conflict of interest may exist. The chair may vote on any matter before the board unless a conflict of interest exists.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 35, effective July 15, 2010. — Amended
2005 Ky. Acts ch. 99, sec. 238, effective June 20, 2005. — Created 1998 Ky. Acts ch.
561, sec. 4, effective July 15, 1998.