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Kentucky Heroin Deal Reached on Last Day



Summary/Abstract

Kentucky saw roughly the same number of drug overdose deaths in 2013 as it did in 2011 and 2012. But the number of deaths attributed to heroin continued to climb, according to a report issued Thursday by the Office of Drug Control Policy.

Statewide, the report showed 1,007 overdose fatalities in 2013, compared with 1,004 in 2012. Of the 722 overdose victims autopsied by the Kentucky medical examiner last year, 230, or 31.9 percent, were attributed to heroin, compared with 143, or 19.6 percent, in 2012. In 2011, there were 1,023 overdose deaths in Kentucky, 3 percent of which were attributed to heroin.

Finally, Kentucky has passed a bill that begins to expand access to treatment, Naloxone and Syringe Exchanges. Clearly there is much more work that needs to be done to address the growing Heroin problem.

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FRANKFORT – Kentucky legislators reached a last-minute agreement Tuesday on a comprehensive bill that will help tackle the state's heroin epidemic, and that includes just about everything Northern Kentucky anti-heroin activists were seeking and helped avoid the last minute disappointment of a year ago.

"It's official; we have a deal," state Sen. Chris McDanill, R-Taylor Mill, said late Tuesday.

McDaniel was a member of the final conference committee that hammered out differences between the House and Senate versions, and introduced the first Senate version that passed early in the session.

McDaniel also is running for lieutenant governor on a ticket with GOP gubernatorial candidate James Comer, the state agriculture commissioner.

The agreement passed the House 100-0 and the Senate 34-4 and will be signed by Kentucky Gov. Steve Beshear at 10:30 a.m. Wednesday.

"This is the legislation Kentuckians have been waiting for – a robust and comprehensive package that attacks the spectrum of heroin abuse, from punishing traffickers to supporting addiction treatment to protecting public health through needle exchanges," Beshear said in a statement. "Heroin is a multi-dimensional monster and demands an array of tactics to support families, treat addicts and protect our communities."

  • A total of $24 million to be reached through savings in the budget over two years for treatment for addicts, babies born to addicted mothers, addicts who are in jail and other educational programs.
  • Tougher penalties for heroin dealers with language that recognizes and allows addicts caught with small amounts to get treatment. A dealer caught with a 100 grams or more now faces a Class B felony, but someone caught with less than 2 grams is not considered a dealer unless they are caught with other paraphernalia or a prosecutor can prove they were trafficking. That would mean serving 50 percent of their sentence. Otherwise, those caught less than 2 grams face a sentence of one to five years and need to serve 15 percent of their sentence, which is the current law. All dealers or those caught with more than 2 grams face serving at least 50 percent of their sentences before qualifying for parole (although lower level dealers can be put into shock therapy instead). In addition, the bill provides for steeper penalties for anyone caught transporting heroin across the Kentucky state line, which legislators said was a direct nod to the Northern Kentucky area.
  • Provisions to allow needle exchanges overseen by regional health departments, but only if a local jurisdiction approves. Such programs allow heroin users to exchange dirty needles for clean ones, with advocates saying it reduces the spread of disease and keeps them in contact with addicts and possibly get them into treatment.
  • Expanded use of the anti-overdose drug naloxone by first responders and others, with a provision that holds such users harmless against a potential lawsuit.
  • A "good Samaritan" clause that allows someone who calls in an overdose to avoid prosecution on drug charges if they provide a valid name and address.

Tuesday evening, The Enquirer obtained the final copy of SB 192, the final vehicle for the heroin legislation.

The final negotiations came after nearly three months of talks between House Democrats seeking more treatment money, needle exchanges and criminal penalties that wouldn't treat addicts as dealers, and Senate Republicans seeking tougher penalties and funding for addicts who had been arrested to receive treatment in jail.

Earlier Tuesday, Gov. Steve Beshear warned legislators of the repercussions on Election Day if they didn't pass a bill by the end of the day. Beshear also was expected to sign the bill as soon as late Tuesday night once it passed both chambers.

The news of the deal overjoyed several Northern Kentucky heroin activists, especially since the General Assembly came close to passing a heroin bill last year, only to have it stall in the last 30 minutes of the session.

That included a tearful Jessica Padgett of Campbell County, who lost her brother to suicide over a heroin addiction three years ago and who has been tracking the legislation in person in Frankfort throughout the session.

"Never say never," said Padgett, whose brother also had contracted hepatitis C through a dirty needle when he died. "They told us back in November that we would never get a needle exchange, that we should be happy with what we could get. Well, we kept fighting.

"The compromise between both chambers has further instilled in me the belief that democracy is still alive and well in America."

The Enquirer reported Monday that the two sides reached a tentative deal that nearly mirrored the final version Friday, but House Speaker Greg Stumbo said Tuesday that an apparent "drafting error" caused some reworking of the penalty sections. That led to some last-minute scurrying Tuesday, with House Judiciary Chairman John Tilley, D-Hopkinsville, seen racing around the Capitol with a final version at nearly 5 p.m.

"We need to make sure we're working off the same language this time," Tilley said as he raced by.

Kimberly Wright of Cold Spring, who has led support efforts for parents with children addicted to heroin, was relieved that the deal was reached.

"We never gave up," said Wright, who was also on hand in Frankfort. "We fought hard for our community to stop heroin and the spread of hepatitis C. I hope this bill paves the way for families to come – that things will be in place for them."

Kim Moser, legislative liaison for the Northern Kentucky's Heroin Impact Regional Task Force, said she was pleasantly surprised that the needle exchange concept was included.

"Needle exchange has been shown to make an impact and reduce the rate of hepatitis C and HIV in communities," Moser said. "As a legislative liaison ... I was saying, 'Don't get your hopes up.' I'm very happy that I was wrong."

Dr. Jeremy Engel, a public health activist who was one of the first in the area's medical community to sound the alarm about the heroin heroin epidemic in Northern Kentucky, said the legislation will help the state bring the crisis under control.

"The families and individuals impacted by heroin directly have obviously understood the crisis for years," Engel said. "Clearly, now all of those in leadership in the state of Kentucky understand it. Now, all the different institutions and agencies are starting to do the right thing, and if we continue, we can manage this crisis."

He said the next step is to start heroin addicts on appropriate medicine-assisted treatment and that they, or their families, are provided with naloxone kits for overdose risk.

"And that there are appropriate services, including behavioral therapy and safe housing made available. Then we will be on our way to addressing this terrible crisis."

 

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