November 10th should have been a turning point in Kentucky’s effort to reduce overdose deaths. But instead of ending a broken and outdated rule, the Administrative Regulation Review Subcommittee (ARRS) stepped in to revive 201 KAR 9:270—Kentucky’s deeply flawed buprenorphine regulation.
It was a moment that called for moral clarity.
The appropriate response should have been simple: Do Not Resuscitate.
Yet, the committee chose otherwise.
It was a swing and a miss at a golden opportunity.
What the Voting Members Said
Chairman, Rep. Derek Lewis:
“If you’re opposed to finding it [the regulation] deficient and think it should move forward, please vote no.”
Sen. Julie Raque Adams: “Aye.”
Sen. Mike Wilson: “Aye.”
Rep. Randy Bridges: “I’m going to abstain.”
Rep. Deanna Gordon:
“I’m going to vote no, but I’m on the health committee, and this is probably the place where it’s going to go after this.”
Rep. Mary Lou Marzian:
“I’m going to vote yes, because I’m really disappointed in the lack of communication from the board of medical licensure, and I have found them to be a little bit obstinate in the past.”
Co-Chair, Sen. Stephen West:
“I vote no. The main reason… is that the committee of jurisdiction has the subject matter expertise to cover this particular piece of regulation.”
Chairman Lewis:
“I am also a no. I do appreciate the testimony. I appreciate the passion. I truly do. We do have a process in place though.”
The Tally
| Member | Vote | Meaning |
| Rep. Marzian | YES | Regulation is deficient |
| Sen. Adams | YES | Regulation is deficient |
| Sen. Wilson | YES | Regulation is deficient |
| Rep. Gordon | NO | Regulation is not deficient |
| Sen. West | NO | Regulation is not deficient |
| Rep. Lewis | NO | Regulation is not deficient |
| Rep. Bridges | ABSTAIN | — |
| Sen. Armstrong | ABSENT | — |
Result: 3 YES, 3 NO.
But because the ARRS seats eight members, to find the regulation deficient required a five vote majority.
So the motion to find it deficient failed—and by the slimmest of margins, 201 KAR 9:270 dragged itself out of the gutter and staggered on.
And It Was the SIXTH Time This Year!
April. July. August. September. October. November.
201 KAR 9:270 needed a whopping SIX appearances before ARRS in an eight month span, before it skidded out of committee by the skin of its teeth.
If that’s not a red flag, what is?
Shakespeare might have said:
“Something is rotten in the state of Denmark.”
My Testimony to the Committee
You have enough information.
You know what the right answer is.
And I ask you on behalf of your families
and everyone in this state who is suffering and dying—
for the four people who will die today from an overdose.
Think about those four people who die every day.
Every overdose is preventable.
Don’t let this go forward.
What Happens Next?
Sen. West offered a clue:
“There will be another chance…in the subject matter committee, as well as a legislative session that is coming up. We have 138 members of the General Assembly, and you can ask any of them to file a bill… and they can attack this problem for you.”
He’s right. 201 KAR 9:270 has not cleared all of the hurdles yet. We will have another opportunity, or two, or three…
Again, to quote Shakespeare:
“If it be not now, yet it will come.”
If you want to see exactly what happened on November 10, here’s the meeting video:
https://www.youtube.com/watch?app=desktop&v=WMvRlWpK6m0
And next time…
Confluential Truth 