{"data":{"id":"us-ky/krs-205.564","jurisdiction":"us-ky","citation":"KRS 205.564","heading":"Pharmacy and Therapeutics Advisory Committee -- Membership -- Duties","body":"-- Information posted on Web site -- Recommendations -- Presentations by\ninterested parties -- Appeals -- Administrative regulations.\n(1) The Pharmacy and Therapeutics Advisory Committee is established and attached to\nthe Department for Medicaid Services for administrative purposes.\n(2) The committee shall have fifteen (15) members, as follows:\n(a) Thirteen (13) voting members who shall be physicians currently participating\nin the M edicaid program who may legally prescribe a broad range of\nscheduled and nonscheduled drugs, as categorized by the U.S. Drug\nEnforcement Administration, or pharmacists who dispense prescriptions to\nMedicaid recipients, as follows:\n1. Three (3) licensed, practicing family practice physicians;\n2. Two (2) licensed, practicing physicians who are pediatricians;\n3. One (1) licensed, practicing physician who is an\nobstetrician/gynecologist or gynecologist;\n4. One (1) licensed, practicing internal medicine physicia n who is a\nprimary care provider;\n5. One (1) licensed, practicing physician from any medical specialty;\n6. Two (2) licensed, practicing physicians who are psychiatrists, one (1)\nwho is a practicing psychiatrist in a community mental health center and\none (1) from either the School of Medicine, University of Louisville, or\nthe College of Medicine, University of Kentucky; and\n7. Three (3) licensed, practicing pharmacists; and\n(b) Two (2) nonvoting members, as follows:\n1. The medical director of the department; and\n2. A representative of the department's pharmacy program, as designated\nby the commissioner.\n(3) One (1) voting c ommittee member shall be appointed, and may be reappointed, by\nthe Governor from a list of three (3) nominees received from the President of the\nSenate, and one (1) voting committee member shall be appointed, and may be\nreappointed, by the Governor from a list of three (3) nominees received from the\nSpeaker of the House of Representatives. The remaining eleven (11) voting\ncommittee members shall be appointed, and may be reappointed, by the Governor\nfrom a list of nominees submitted by the department. Terms of the voting\ncommittee members shall be three (3) years with no members serving more than\ntwo (2) consecutive terms, except that a member may continue to serve his or her\nterm until a successor is appointed.\n(4) The Pharmacy and Therapeutics Advisory Committee shall:\n(a) Act in an advisory capacity to the Governor, the secretary of the Cabinet for\nHealth and Family Services, and the Medicaid commissioner on the\ndevelopment and administration of an outpatient drug formulary;\n(b) Perform drug reviews and mak e recommendations to the commissioner\nregarding specific drugs or drug classes to be placed on prior authorization or\notherwise restricted, as determined through a process established by the\ncabinet;\n(c) Provide for an appeals process to be utilized by a p erson or entity that\ndisagrees with recommendations of the committee;\n(d) Establish bylaws or rules for the conduct of committee meetings; and\n(e) Function in accordance with the Kentucky Open Meetings Law and the\nKentucky Open Records Law.\n(5) Voting memb ers of the committee shall elect a chair and vice chair by majority\nvote. A quorum shall consist of eight (8) voting members of the committee.\n(6) The committee shall meet every other month for a total of at least six (6) times per\ncalendar year or upon th e call of the chair, the commissioner, the secretary of the\nCabinet for Health and Family Services, or the Governor. The Department for\nMedicaid Services shall post the agenda on its Web site no later than fourteen (14)\ndays prior to the date of a regularly scheduled meeting and no later than seventy-two\n(72) hours prior to the date of a specially called meeting. Options, including any\nrecommendations, by the department for drug review or drug review placement\nshall be posted on the department's Web site no later than seven (7) days prior to the\ndate of the next regularly scheduled meeting and as soon as practicable prior to the\ndate of the next specially called meeting.\n(7) Members of the committee shall receive no compensation for service, but shall\nreceive necessary and actual travel expenses associated with attending meetings.\n(8) Any recommendation of the committee to the commissioner shall be posted to the\nWeb site of the Department for Medicaid Services within seven (7) days of the date\nof the meeting at which the recommendation was made.\n(9) A recommendation of the committee shall be submitted to the commissioner for a\nfinal determination. If the commissioner does not accept the recommendation of the\ncommittee, the commissioner shall present the basis for the final determination at\nthe next scheduled meeting of the committee. The commissioner shall act on the\ncommittee's recommendation within thirty (30) days of the date that the\nrecommendation was posted on the Web site.\n(10) Any interested party may r equest and may be permitted to make a presentation to\nthe board on any item under consideration by the board. The Cabinet for Health and\nFamily Services shall, by administrative regulation promulgated under KRS Chapter\n13A, establish requirements for any presentation made to the board.\n(11) The commissioner's final determination shall be posted on the Web site of the\nDepartment for Medicaid Services.\n(12) Any appeal from a decision of the commissioner shall be made in accordance with\nKRS Chapter 13B, except  that the time for filing an appeal shall be within thirty\n(30) days of the date of the posting of the commissioner's final determination on the\nWeb site of the Department for Medicaid Services.\n(13) The Cabinet for Health and Family Services shall promulg ate an administrative\nregulation in accordance with KRS Chapter 13A to implement the provisions of this\nsection.","path":["KRS Chapter 205"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40947","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:03Z","sha256":"59e06532bdc5c5b516b08a9db8415f5b78c7b209ac812c9dec37193b5eedfdf4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-205.5639","next":"us-ky/krs-205.5641"},"notice":"GroundRules: Original legal text. Not legal advice."}