PHARMACY LAWS

KENTUCKY

PHARMACY

LAWS

Kentucky Board of Pharmacy

State Office Building Annex, Suite 300

125 Holmes Street

Frankfort KY 40601

Phone 502-564-7910 Fax 502-696-3806

UNOFFICIAL TEXT OF STATUTES AND ADMINISTRATIVE REGULATIONS

FOR INFORMATION ONLY

REVISED APRIL 2020

TABLE OF CONTENTS

KENTUCKY PHARMACY STATUTES AND REGULATIONS

Chapter 315 Pharmacists and Pharmacies ………………………………………. 1

Title 201, Chapter 2 Kentucky Administrative Regulations ………….….…….…… 58

KY Board of Pharmacy Generic Drug Labeling …...……………………..…………………… 135

Kentucky Controlled Substance Act Manual

Copies may be obtained from:

Cabinet for Health and Family Services

Office of Inspector General

Drug Enforcement and Professional Practices Branch

275 East Main Street, 5ED

Frankfort, KY 40621

Phone [502] 564-2815

www.chfs.ky.gov

Code of Federal Regulations

Copies may be obtained from:

Federal Controlled Substance Regulations

US Government Printing Office

Superintendent of Documents - Attn: New Orders

PO Box 979050

Saint Louis, MO 63197

Phone [202] 512-1803

www.gpo.gov

This printing of a portion of the Kentucky Revised Statutes does

not constitute an official version of the statutes and is provided

for information purposes only. For the official text of statutes

and for current supplementation, the user should consult an

official edition of the Kentucky Revised Statutes.

KENTUCKY REVISED STATUTES - CHAPTER 315

315.002 Declarations of public policy -- Construction of chapter.

315.005 Purpose of chapter.

315.010 Definitions for chapter.

315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice

pharmacy -- Exceptions -- Persons employed to assist practice of pharmacy after

4/1/2009, to be registered pharmacy technicians or exempt under KRS 315.135.

315.030 Permit required -- License required to represent oneself as pharmacist --

Registration required to represent oneself as pharmacy technician.

315.035 Permit required for operation of a pharmacy -- Application -- Fee -- Issuance --

Fee for failure to renew -- Premises covered by permit -- Rules and regulations --

Requirements for in-state pharmacy doing business through the Internet --

Board may waive permit requirements for out-of-state pharmacy -- Temporary

operation of pharmacy during state of emergency.

315.0351 Out-of-state pharmacy -- Permit -- Requests for information -- Records -- Toll-

free telephone service -- Pharmacist on duty -- Requirements for out-of-state

pharmacy doing business through the Internet.

315.036 Permit to be acquired by manufacturer -- Fee -- Records required -- Report --

Exception.

315.040 Exceptions to chapter.

315.050 Qualifications of applicant for licensure -- Examination -- Standards for

internship -- Certificate of internship.

315.060 Examination fee.

315.065 Continuing education requirements.

315.110 License expiration date -- Renewal fee -- Application and requirements --

Certificate -- Display -- Pocket certificate.

315.115 Renewal fees suspended for persons in Armed Forces.

315.120 Notification of failure to renew license -- Procedure for renewal of expired

license -- Renewal after lapse of five or more years -- Inactive license.

315.121 Grounds for acting against licensee -- Notification to board of conviction

required -- Petition for reinstatement -- Expungement.

315.125 Mental or physical examination ordered by board -- Effect of failure to submit to

examination.

315.126 Pharmacist recovery network committee -- Administrative regulations --

Assessment -- Confidentiality -- Reporting restrictions.

315.131 Proceedings before fine, probation, suspension, revocation of license, permit, or

certificate -- Appeals -- Emergency suspension prior to disciplinary hearing.

315.135 Registration as pharmacy technician required to assist in the practice of

pharmacy – Exemptions.

315.136 Requirements for registration as pharmacy technician.

315.137 Denial of application for registration as pharmacy technician -- Hearing.

315.138 Renewal of registration as pharmacy technician -- Display of registration

certificate.

315.150 Board membership -- Appointment -- Term -- Vacancy -- Oath -- Quorum.

315.155 Removal of board members.

315.160 Election of officers -- Executive director -- Meetings.

315.171 Compensation of board members and executive director.

315.180 Executive director to keep record of persons issued licenses, permits or

certificates.

315.191 Powers and duties of board -- Advisory council.

315.192 Bo

ard of Pharmacy not to prohibit sale and dispensing of laetrile.

315.193 Board members' immunity for official acts.

315.195 Agency fund -- Use.

315.200 For whom prescriptions to be refilled.

315.205 Notification of immunization to minor's primary care provider.

315.210 Reciprocity.

315.220 Powers of representatives of board.

315.230 Restraint of violations -- Legal representation.

315.235 Attorney General's jurisdiction to investigate and prosecute violators of

pharmacy laws.

315.295 Automated pharmacy system in residential hospice facilities.

315.300 Placement of drugs by pharmacy with authorized employees of home health

agencies and hospices -- Protocol -- Allowable legend drugs -- Administrative

regulations.

315.310 Duty of treating pharmacist utilizing telehealth to ensure patient's informed

consent and maintain confidentiality -- Board to promulgate administrative

regulations -- Definition of "telehealth".

315.320 Illegal operation of out-of-state pharmacy -- Exemption for lapsed license or

permit -- Penalty -- Exceptions from section.

315.325 Exemption from pharmacy licensing requirements for common carriers

transporting drugs.

315.330 Seizure and forfeiture of illegal drug shipments.

315.335 Reporting of robbery, theft, or missing shipment of controlled substances.

Distribution of Prescription Drugs

315.400 Definitions for KRS 315.400 to 315.412.

315.402 Licensure of wholesale distributors of prescription drugs -- Record retention --

Administrative regulations -- Confidentiality.

315.404 Returns or exchanges of prescription drugs.

315.406 Prescription drug pedigree for drugs leaving normal distribution channel --

Administrative regulations.

315.408 Electronic track and trace system.

315.410 Order to cease distribution of prescription drugs -- Hearing.

315.412 Penalties for violation of KRS 315.400 to 315.410.

Emergency Authority for Pharmacists

315.500 Emergency authority for pharmacists during state of emergency -- Executive

order -- Time limit -- Actions authorized -- Extension.

315.505 Administrative regulations to effectuate authority granted in KRS 315.500(1).

Home Medical Equipment and Services Provider Licensure Act

315.510 Short title.

315.512 Definitions for KRS 315.510 to 315.524.

315.514 License required to provide or hold oneself out as providing home medical

equipment and services -- Exemptions.

315.516 Legend or order from health care practitioner required.

315.518 Application for license -- Fee -- Record retention -- Administrative regulations --

Confidentiality.

315.520 Issuance and renewal of licenses -- Separate license required for each location --

Display of license -- Transfer of license prohibited.

315.522 Reciprocity with bordering states.

315.524 Providing home medical equipment and services without license -- Penalty.

Penalties

315.990 Penalties.

315.002 Declarations of public policy -- Construction of chapter.

The practice of pharmacy within the Commonwealth is declared to be a professional

practice affecting the public health, safety, and welfare, and is subject to regulation and

control in the public interest. It is further declared to be a matter of public interest and

concern that the practice of pharmacy, as defined in this chapter, should merit and receive

the confidence of the public, and only qualified persons shall be permitted to engage in the

practice of pharmacy and ensure the quality of drugs and related devices distributed within

the Commonwealth. This chapter shall be liberally construed to carry out these objectives

and purposes. The persons entrusted through this chapter to engage in the practice of

pharmacy shall be pharmacists. They shall be recognized by the Commonwealth as health

care professionals, and, within their statutory scope of practice, providers of pharmacy-

related primary care.

Effective: July 15, 1996

History: Created 1996 Ky. Acts ch. 257, sec. 1, effective July 15, 1996.

315.005 Purpose of chapter.

The purpose of this chapter is to promote, preserve, and protect public health, safety, and

welfare by and through effective control and regulation of the practice of pharmacy; the

licensure of pharmacists; the licensure, control, and regulation of all sites or persons who

are required to obtain a license, certificate, or permit from the Board of Pharmacy, whether

located in or outside the Commonwealth, that distribute, manufacture, or sell drugs within

the Commonwealth.

Effective: July 15, 2016

History: Amended 2016 Ky. Acts ch. 103, sec. 16, effective July 15, 2016. – Amended 2012 Ky. Acts ch. 73, sec. 10, effective July 12,

2012. -- Amended 2008 Ky. Acts ch. 148, sec. 6, effective July 15, 2008. -- Created 1996 Ky. Acts ch. 257, sec. 2, effective July 15,

1996.

315.010 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Administer" means the direct application of a drug to a patient or research subject by

injection, inhalation, or ingestion, whether topically or by any other means;

(2) "Administrative activities of a pharmacy" means the following functions performed by a

pharmacy adhering to all local, state, and federal patient privacy laws:

(a) Investigating and researching a patient's insurance benefits and updating the

patient profile regarding insurance coverage;

(b) Billing and collections activities, including:

1. Contacting patients for copayments and coinsurance payments; and

2. Communicating with insurance companies;

accordingly;

(d) Opening faxes and accessing electronic prescriptions for the purposes of setting

up patient demographic and insurance profiles, excluding height, weight, and allergy

information, so long as the activity does not involve the entering of a prescription

order into the dispensing or medication management system;

(e) Initiating insurance prior authorizations for submission to the licensed pharmacy,

including communications with the prescribing physician to collect, record, and

transmit information to insurance companies, so long as the activity does not

include the authorization or receipt of new or refill prescription orders;

(f) Answering and transferring telephone calls, whether or not such calls require

accessing a patient record, so long as the call does not involve the interpretation,

evaluation, or implementation of a drug order; and

(g) Communicating with patients via telephone or electronically regarding refill

reminders, so long as the communication does not involve the interpretation,

evaluation, or implementation of a drug order and a pharmacist is readily available

for patient consultation;

(3) "Association" means the Kentucky Pharmacists Association;

(4) "Board" means the Kentucky Board of Pharmacy;

(5) "Collaborative care agreement" means a written agreement between a pharmacist or

pharmacists and a practitioner or practitioners that outlines a plan of cooperative

management of patients' drug-related health care needs where:

(a) Patients' drug-related health care needs fall within the practitioner's or

practitioners' statutory scope of practice;

(b) Patients are referred by the practitioner or practitioners to the pharmacist or

pharmacists; and

1. Identifies the practitioner or practitioners and the pharmacist or pharmacists

who are parties to the agreement;

2. Specifies the drug-related regimen to be provided, and how drug therapy is to

be monitored; and

3. Stipulates the conditions for initiating, continuing, or discontinuing drug

therapy and conditions which warrant modifications to dose, dosage regimen,

dosage form, or route of administration;

(6) "Compound" or "compounding" means the preparation or labeling of a drug pursuant to

or in anticipation of a valid prescription drug order, including but not limited to packaging,

intravenous admixture or manual combination of drug ingredients. "Compounding," as used

in this chapter, shall not preclude simple reconstitution, mixing, or modification of drug

products prior to administration by nonpharmacists;

(7) "Confidential information" means information which is accessed or maintained by a

pharmacist in a patient's record, or communicated to a patient as part of patient counseling,

whether it is preserved on paper, microfilm, magnetic media, electronic media, or any other

form;

(8) "Continuing education unit" means ten (10) contact hours of board approved continuing

pharmacy education. A "contact hour" means fifty (50) continuous minutes without a break

period;

(9) "Dispense" or "dispensing" means to deliver one (1) or more doses of a prescription drug

in a suitable container, appropriately labeled for subsequent administration to or use by a

patient or other individual entitled to receive the prescription drug;

(10) "Drug" means any of the following:

(a) Articles recognized as drugs or drug products in any official compendium or

supplement thereto;

(b) Articles, other than food, intended to affect the structure or function of the body

of man or other animals;

mitigation, treatment or prevention of disease in man or other animals; or

(d) Articles intended for use as a component of any articles specified in paragraphs

(a) to (c) of this subsection;

(11) "Drug regimen review" means retrospective, concurrent, and prospective review by a

pharmacist of a patient's drug-related history, including but not limited to the following

areas:

(a) Evaluation of prescription drug orders and patient records for:

1. Known allergies;

2. Rational therapy contraindications;

3. Appropriate dose and route of administration;

4. Appropriate directions for use; or

5. Duplicative therapies;

(b) Evaluation of prescription drug orders and patient records for drug-drug, drug-

food, drug-disease, and drug-clinical laboratory interactions;

reactions; or

(d) Evaluation of prescription drug orders and patient records for proper utilization

and optimal therapeutic outcomes;

(12) "Immediate supervision" means under the physical and visual supervision of a

pharmacist;

(13) "Manufacturer" or "virtual manufacturer" of a product means:

(a) A person that holds an application approved under 21 U.S.C. sec. 355 or a license

issued under 42 U.S.C. sec. 262 for such product, or if such product is not the subject

of an approved application or license, the person who manufactured the product;

(b) A co-licensed partner of the person described in paragraph (a) of this subsection

that obtains the product directly from a person described in this paragraph or

paragraph (a) of this subsection;

receives the product directly from a person described in this paragraph or in

paragraph (a) or (b) of this subsection; or

(d) Any person, except a pharmacist compounding in the normal course of

professional practice;

(14) "Medical order" means a lawful order of a specifically identified practitioner for a

specifically identified patient for the patient's health care needs. "Medical order" may or

may not include a prescription drug order;

(15) "Nonprescription drugs" means nonnarcotic medicines or drugs which may be sold

without a prescription and are prepackaged and labeled for use by the consumer in

accordance with the requirements of the statutes and regulations of this state and the

federal government;

(16) "Outsourcing facility" means a facility at one (1) geographic location or address that:

(a) Is engaged in the compounding of human sterile drugs without a patient-specific

prescription;

(b) Has registered as an outsourcing facility with the secretary of the United States

Department of Health and Human Services, Food and Drug Administration; and

(17) "Pharmacist" means a natural person licensed by this state to engage in the practice of

the profession of pharmacy;

(18) "Pharmacist intern" means a natural person who is:

(a) Currently certified by the board to engage in the practice of pharmacy under the

direction of a licensed pharmacist and who satisfactorily progresses toward meeting

the requirements for licensure as a pharmacist;

(b) A graduate of an approved college or school of pharmacy or a graduate who has

established educational equivalency by obtaining a Foreign Pharmacy Graduate

Examination Committee (FPGEC) certificate, who is currently licensed by the board

for the purpose of obtaining practical experience as a requirement for licensure as a

pharmacist;

results of an examination for licensure as a pharmacist; or

(d) An individual participating in a residency or fellowship program approved by the

board for internship credit;

(19) "Pharmacy" means every place where:

(a) Drugs are dispensed under the direction of a pharmacist;

(b) Prescription drug orders are compounded under the direction of a pharmacist; or

purpose of engaging in the practice of pharmacy, whether or not prescription drug

orders are being dispensed;

(20) "Pharmacy-related primary care" means the pharmacists' activities in patient

education, health promotion, and assistance in the selection and use of over-the-counter

drugs and appliances for the treatment of common diseases and injuries, as well as those

other activities falling within their statutory scope of practice;

(21) "Pharmacy technician" means a natural person who works under the immediate

supervision, or general supervision if otherwise provided for by statute or administrative

regulation, of a pharmacist for the purpose of assisting a pharmacist with the practice of

pharmacy;

(22) "Practice of pharmacy" means interpretation, evaluation, and implementation of

medical orders and prescription drug orders; responsibility for dispensing prescription drug

orders, including radioactive substances; participation in drug and drug-related device

selection; administration of medications or biologics in the course of dispensing or

maintaining a prescription drug order; the administration of adult immunizations pursuant

to prescriber-approved protocols; the administration of immunizations to individuals nine

(9) to seventeen (17) years of age pursuant to prescriber-approved protocols with the

consent of a parent or guardian; the administration of immunizations to a child as defined in

KRS 214.032, pursuant to protocols as authorized by KRS 315.500; drug evaluation,

utilization, or regimen review; maintenance of patient pharmacy records; and provision of

patient counseling and those professional acts, professional decisions, or professional

services necessary to maintain and manage all areas of a patient's pharmacy-related care,

including pharmacy-related primary care as defined in this section;

(23) "Practitioner" has the same meaning given in KRS 217.015(35);

(24) "Prescription drug" means a drug which:

(a) Under federal law is required to be labeled with either of the following

statements:

1. "Caution: Federal law prohibits dispensing without prescription";

2. "Caution: Federal law restricts this drug to use by, or on the order of, a

licensed veterinarian";

3. "Rx Only"; or

4. "Rx"; or

(b) Is required by any applicable federal or state law or administrative regulation to

be dispensed only pursuant to a prescription drug order or is restricted to use by

practitioners;

(25) "Prescription drug order" means an original or new order from a practitioner for drugs,

drug-related devices or treatment for a human or animal, including orders issued through

collaborative care agreements or protocols authorized by the board. Lawful prescriptions

result from a valid practitioner-patient relationship, are intended to address a legitimate

medical need, and fall within the prescribing practitioner's scope of professional practice;

(26) "Society" means the Kentucky Society of Health-Systems Pharmacists;

(27) "Supervision" means the presence of a pharmacist on the premises to which a

pharmacy permit is issued, who is responsible, in whole or in part, for the professional

activities occurring in the pharmacy; and

(28) "Wholesaler" means any person who legally buys drugs for resale or distribution to

persons other than patients or consumers.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 44, sec. 1, effective June 29, 2107; and ch. 136, sec. 1, effective June 29, 2017. -- Amended 2016

Ky. Acts ch. 105, sec. 1, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 118, sec. 1, effective June 24, 2015. -- Amended 2011

Ky. Acts ch. 81, sec. 1, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 22, sec. 5, effective July 15, 2010; and ch. 37, sec. 1,

effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 124, sec. 8, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 150, sec. 18,

effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 10, sec. 1, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 297, sec. 4,

effective July 15, 1998; ch. 301, sec. 27, effective July 15, 1998; and ch. 531, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts

ch. 257, sec. 3, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 1, effective July 15, 1982. -- Amended 1970 Ky. Acts ch.

221, sec. 1. -- Created 1960 Ky. Acts ch. 234, sec. 1.

Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 44 and 136, which do not

appear to be in conflict and have been codified together.

Legislative Research Commission Note (7/13/2004). 2004 Ky. Acts ch. 10, sec. 2, states that 2004 Ky. Acts ch. 10, sec. 1, which

amends this section, shall be known as the Robert L. Barnett, Jr. R. Ph. Act.

Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 297, 301, and 531 which do not

appear to be in conflict and have been codified together. It is clear that the intent of both 1998 Ky. Acts ch. 297, sec. 4, and ch. 301,

sec. 27, was to change the subsection reference in KRS 217.015 for the definition of practitioner. In codifying these Acts, that result

has been effectuated. KRS 7.136(1)(e).

315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice

pharmacy -- Exceptions -- Persons employed to assist practice of pharmacy after April 1,

2009, to be registered pharmacy technicians or exempt under KRS 315.135.

(1) No owner of a pharmacy who is not a pharmacist shall fail to place a pharmacist in

charge of his pharmacy or shall permit any person to compound or dispense prescription

drugs, medicines, or pharmaceuticals in his place of business except in the presence and

under the immediate supervision of a pharmacist.

(2) No manufacturer of pharmaceuticals who is not a pharmacist shall fail to place a

pharmacist in charge of his place of business or shall permit any person to compound

prescription drugs, medicines, or pharmaceuticals in his place of business, except as

provided by the board through the promulgation of administrative regulations pursuant to

KRS Chapter 13A.

(3) Except as provided in subsection (4) of this section, no person shall engage in the

practice of pharmacy unless licensed to practice under the provisions of KRS Chapter 315.

(4) The provisions of subsection (3) of this section shall not apply to:

(a) Pharmacist interns performing professional practice activities under the

immediate supervision of a licensed pharmacist. The nature and scope of the

activities referred to in this paragraph shall be determined by the board through

administrative regulation promulgated pursuant to KRS Chapter 13A;

(b) Pharmacist interns and pharmacy technicians performing specifically identified

pharmacy practice activities while under the supervision of a pharmacist. The nature

and scope of the activities referred to in this paragraph shall be determined by the

board through administrative regulation promulgated pursuant to KRS Chapter 13A;

their professional practices; or

(d) Volunteer health practitioners providing services under KRS 39A.350 to 39A.366.

(5) Effective April 1, 2009, an owner of a pharmacy shall not employ a person to assist in the

practice of pharmacy unless the person is registered as a pharmacy technician by the board

or exempt under KRS 315.135.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 148, sec. 7, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 96, sec. 15, effective June 26,

2007. -- Amended 1996 Ky. Acts ch. 257, sec. 4, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 2, effective July 15,

1982. -- Amended 1970 Ky. Acts ch. 221, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.

secs. 2619, 2620, 2628, 2631.

315.030 Permit required -- License required to represent oneself as pharmacist --

Registration required to represent oneself as pharmacy technician.

(1) No person shall take, use or exhibit the title of drug, drug store, pharmacy or apothecary,

or any combination of such names or titles, or any title, name or description of like import,

or any form designed to take the place of such a title, or use any place with respect to which

any of those terms are used in any advertisement or telephone directory listing, unless the

facility has been issued a permit by the board.

(2) No person shall call himself or hold himself out as or use the title of "pharmacist,"

"registered pharmacist," "licensed pharmacist," "druggist," or use the initials "R.Ph." or

terms which would imply that he is a pharmacist, unless he is duly licensed under the

provisions of KRS Chapter 315.

(3) Effective April 1, 2009, a person shall not call himself or herself or hold himself or herself

out as a or use the title of "pharmacy technician" unless the person is duly registered under

KRS 315.136 or 315.138.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 148, sec. 9, effective July 15, 2008. -- Amended 1982 Ky. Acts ch. 191, sec. 3, effective July 15,

1982. -- Amended 1970 Ky. Acts ch. 221, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.

sec. 1376t.

315.035 Permit required for operation of a pharmacy -- Application -- Fee -- Issuance -- Fee

for failure to renew -- Premises covered by permit -- Rules and regulations --

Requirements for in-state pharmacy doing business through the Internet -- Board may

waive permit requirements for out-of-state pharmacy -- Temporary operation of

pharmacy during state of emergency.

(1) No person shall operate a pharmacy within this Commonwealth, physically or by means

of the Internet, facsimile, phone, mail, or any other means, without having first obtained a

permit as provided for in KRS Chapter 315. An application for a permit to operate a

pharmacy shall be made to the board upon forms provided by it and shall contain such

information as the board requires, which may include affirmative evidence of ability to

comply with such reasonable standards and rules and regulations as may be prescribed by

the board. Each application shall be accompanied by a reasonable permit fee to be set by

administrative regulation promulgated by the board pursuant to KRS Chapter 13A, not to

exceed two hundred fifty dollars ($250).

(2) Upon receipt of an application of a permit to operate a pharmacy, accompanied by the

permit fee not to exceed two hundred fifty dollars ($250), the board shall issue a permit if

the pharmacy meets the standards and requirements of KRS Chapter 315 and the rules and

regulations of the board. The board shall refuse to renew any permit to operate unless the

pharmacy meets the standards and requirements of KRS Chapter 315 and the rules and

regulations of the board. The board shall act upon an application for a permit to operate

within thirty (30) days after the receipt thereof; provided, however, that the board may

issue a temporary permit to operate in any instance where it considers additional time

necessary for investigation and consideration before taking final action upon the

application. In such event, the temporary permit shall be valid for a period of thirty (30)

days, unless extended.

(3) A separate permit to operate shall be required for each pharmacy.

(4) Each permit to operate a pharmacy, unless sooner suspended or revoked, shall expire on

June 30 following its date of issuance and be renewable annually thereafter upon proper

application accompanied by such reasonable renewal fee as may be set by administrative

regulation of the board, not to exceed two hundred fifty dollars ($250) nor to increase more

than twenty-five dollars ($25) per year. An additional fee not to exceed the annual renewal

fee may be assessed and set by administrative regulation as a delinquent renewal penalty

for failure to renew by June 30 of each year.

(5) Permits to operate shall be issued only for the premises and persons named in the

application and shall not be transferable; provided however, that a buyer may operate the

pharmacy under the permit of the seller pending a decision by the board of an application

which shall be filed by the buyer with the board at least five (5) days prior to the date of

sale.

(6) The board may promulgate rules and regulations to assure that proper equipment and

reference material is on hand considering the nature of the pharmaceutical practice

conducted at the particular pharmacy and to assure reasonable health and sanitation

standards for areas within pharmacies which are not subject to health and sanitation

standards promulgated by the Kentucky Cabinet for Health and Family Services or a local

health department.

(7) Each pharmacy shall comply with KRS 218A.202.

(8) Any pharmacy within the Commonwealth that dispenses more than twenty-five percent

(25%) of its total prescription volume as a result of an original prescription order received or

solicited by use of the Internet, including but not limited to electronic mail, shall, prior to

obtaining a permit, receive and display in every medium in which it advertises itself a seal of

approval for the National Association of Boards of Pharmacy certifying that it is a Verified

Internet Pharmacy Practice Site (VIPPS) or a seal certifying approval of a substantially similar

program approved by the Kentucky Board of Pharmacy. VIPPS, or any other substantially

similar program approved by the Kentucky Board of Pharmacy, accreditation shall be

maintained and remain current.

(9) Any pharmacy within the Commonwealth doing business by use of the Internet shall

certify the percentage of its annual business conducted via the Internet and submit such

supporting documentation as requested by the board, and in a form or application required

by the board, when it applies for permit or renewal.

(10) A pharmacist may temporarily operate a pharmacy in an area not designated on the

permit as authorized in KRS 315.500.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 22, sec. 6, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 124, sec. 9, effective June 26,

2007. -- Amended 2005 Ky. Acts ch. 150, sec. 19, effective June 20, 2005; ch. 61, sec. 1, effective June 20, 2005; and ch. 99, sec. 597,

effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 548, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 257, sec. 5,

effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 310, sec. 1. --

Created 1966 Ky. Acts ch. 260, sec. 6.

315.0350 Administrative activities of a pharmacy.

Administrative activities of a pharmacy do not constitute the practice of pharmacy and shall

be performed in the United States in a pharmacy or in a location other than a pharmacy.

Effective: July 15, 2016

History: Created 2016 Ky. Acts ch. 105, sec. 2, effective July 15, 2016.

315.0351 Out-of-state pharmacy -- Permit -- Requests for information -- Records -- Toll-

free telephone service -- Pharmacist on duty -- Requirements for out-of-state pharmacy

doing business through the Internet – Application to sale or distribution of dialysate

solution or devices.

(1) Except as provided in subsection (2) of this section:

(a) Every person or pharmacy located outside this Commonwealth which does business,

physically or by means of the Internet, facsimile, phone, mail, or any other means, inside

this Commonwealth within the meaning of KRS Chapter 315, shall hold a current pharmacy

permit as provided in KRS 315.035(1) and (4) issued by the Kentucky Board of Pharmacy.

The pharmacy shall be designated an "out-of-state pharmacy" and the permit shall be

designated an "out-of-state pharmacy” and the permit shall be designated an “out-of-state

pharmacy permit.” The fee for the permit shall not exceed the current in-state pharmacy

permit fee as provided under KRS 315.035;

(b) Every out-of-state pharmacy granted an out-of-state pharmacy permit by the board shall

disclose to the board the location, names, and titles of all principal corporate officers and all

pharmacists who are dispensing prescription drugs to residents of the Commonwealth. A

report containing this information shall be made to the board on an annual basis and within

thirty (30) days after any change of office, corporate officer, or pharmacist;

all statutorily-authorized directions and requests for information from any regulatory

agency of the Commonwealth and from the board in accordance with the provisions of this

section. The out-of-state pharmacy shall maintain at all times a valid unexpired permit,

license, or registration to conduct the pharmacy in compliance with the laws of the

jurisdiction in which it is a resident. As a prerequisite to seeking a permit from the Kentucky

Board of Pharmacy, the out-of-state pharmacy shall submit a copy of the most recent

inspection report resulting from an inspection conducted by the regulatory or licensing

agency of the jurisdiction in which it is located. Thereafter, the out-of-state pharmacy

granted a permit shall submit to the Kentucky Board of Pharmacy a copy of any subsequent

inspection report on the pharmacy conducted by the regulatory or licensing body of the

jurisdiction in which it is located;

(d) Every out-of-state pharmacy granted an out-of-state pharmacy permit by the board shall

maintain records of any controlled substances or dangerous drugs or devices dispensed to

patients in the Commonwealth so that the records are readily retrievable from the records

of other drugs dispensed;

(e) Records for all prescriptions delivered into Kentucky shall be readily retrievable from the

other prescription records of the out-of-state pharmacy;

(f) Each out-of-state pharmacy shall, during its regular hours of operation, but not less than

six (6) days per week and for a minimum of forty (40) hours per week, provide a toll-free

telephone service directly to the pharmacist in charge of the out-of-state pharmacy and

available to both the patient and each licensed and practicing in-state pharmacist for the

purpose of facilitating communication between the patient and the Kentucky pharmacist

with access to the patient's prescription records. A toll-free number shall be placed on a

label affixed to each container of drugs dispensed to patients within the Commonwealth;

(g) Each out-of-state pharmacy shall have a pharmacist in charge who is licensed to engage

in the practice of pharmacy by the Commonwealth that shall be responsible for compliance

by the pharmacy with the provisions of this section and for the distribution and sale of

dialysate solutions and devices pursuant to subsection (2) of this section;

(h) Each out-of-state pharmacy shall comply with KRS 218A.202;

(i) Any out-of-state pharmacy that dispenses more than twenty-five percent (25%) of its

total prescription volume as a result of an original prescription order received or solicited by

use of the Internet, including but not limited to electronic mail, shall receive and display in

every medium in which it advertises itself a seal of approval for the National Association of

Boards of Pharmacy certifying that it is a Verified Internet Pharmacy Practice Site (VIPPS) or

a seal certifying approval of a substantially similar program approved by the Kentucky Board

of Pharmacy. VIPPS, or any other substantially similar accreditation, shall be maintained and

remain current;

(j) Any out-of-state pharmacy doing business in the Commonwealth of Kentucky shall certify

the percentage of its annual business conducted via the Internet and electronic mail and

submit such supporting documentation as requested by the board, and in a form or

application required by the board, when it applies for permit or renewal;

(k) Any pharmacy doing business within the Commonwealth of Kentucky shall use the

address on file with the Kentucky Board of Pharmacy as the return address on the labels of

any package shipped into or within the Commonwealth. The return address shall be placed

on the package in a clear and prominent manner; and

(l) The Kentucky Board of Pharmacy may waive the permit requirements of this chapter for

an out-of-state pharmacy that only does business within the Commonwealth of Kentucky in

limited transactions.

(2) (a) Only subsection (1)(g) of this section shall apply to the sale or distribution of

dialysate solutions or devices necessary to perform home peritoneal kidney dialysis to

patients with end-stage renal disease, if;

1. The dialysate solutions or devices are approved or cleared by the federal Food and

Drug Administrations, as required by federal law;

2. The dialysate solutions or devices are lawfully held by a manufacturer or

manufacturer’s agent that is properly registered with or licensed by the board as a

manufacturer, wholesale distributer, or third-party logistics provider under this

chapter;

3. The dialysate solutions or devices are held and delivered in their original, sealed

packaging from Food and Drug Administration-approved manufacturing facility;

4. The dialysate solutions or devices are only delivered upon receipt of a physician’s

prescription by a Kentucky licensed pharmacy and the transmittal of an order from

the Kentucky licensed pharmacy to the manufacturer or manufacturer’s agent; and

5. The manufacturer or manufacturer’s agent delivers the dialysate solutions or

devices directly to:

a. A patient with end-stage renal disease or the patient’s designee for the patient’s

self-administration of dialysis therapy; or

b. A health-care provider or institution for administration or delivery of dialysis

therapy to a patient with end-stage renal disease.

(b) 1. A manufacturer or manufacturer’s agent who sells or distributes dialysate

solutions or devices under this subsection shall employ or contract with a

pharmacist who is licensed to engage in the practice of pharmacy by the

Commonwealth to conduct a retrospective audit on ten percent (10%) of the

orders processed by that manufacturer or manufacturer’s agent each month.

2. On or before February 1 of each year, an annual summary of the monthly audits

shall be prepared and submitted to the board, in the form prescribed by the

board.

3. On or before June 1 of each year, the board shall compile the summaries of

monthly audits into a single report and submit that report to the Interim Joint

Committee on Health and Welfare and Family Services.

distributed under this subsection shall be maintained by the manufacturer or

manufacturer’s agent for a minimum of two (2) years and shall be made available

to the board upon request.

(d) As used in this subsection, “dialysate solutions” means dextrose or icodextrin when

used to perform home peritoneal dialysis.

(e) The Kentucky Board of Pharmacy will retain oversight of the distribution of

dialysate solutions and devices under this section.

Effective: June 27,2019

History: Amended 2019 Ky. Acts ch. 157, sec. 1, effective June 27, 2019.--Amended 2007 Ky. Acts ch. 124, sec. 10,

effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 150, sec. 20, effective June 20, 2005. -- Amended 2004 Ky.

Acts ch. 107, sec. 4, effective July 13, 2004. -- Created 1990 Ky. Acts ch. 155, sec. 1, effective July 13, 1990.

315.036 Permit to be acquired by manufacturer -- Fee -- Records required -- Report --

Exception.

(1) Except as provided in subsection (4) of this section, each manufacturer of drugs shall be

required to register with and obtain a permit from the board. Such permit shall be issued in

accordance with policy and procedure prescribed by regulations of the board. Each

application shall be accompanied by a reasonable permit fee to be set by administrative

regulation of the board, not to exceed two hundred fifty dollars ($250) annually or increase

more than twenty-five dollars ($25) per year.

(2) Manufacturers shall be required to maintain accurate records of all drugs manufactured,

received and sold, as established by administrative regulation of the board. Such records

shall be made available to agents of the board for inspection at reasonable times. The board

may require by regulation that manufacturers periodically report to the board all drugs

manufactured, received, and sold.

(3) Failure to report to the board or willful submission of inaccurate information shall be

grounds for disciplinary action under the provisions of KRS 315.131.

(4) The provisions of subsection (1) of this section do not apply to a pharmacist who, in the

normal course of professional practice, compounds reasonable quantities of drugs pursuant

to or in anticipation of a valid prescription drug order.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 124, sec. 2, effective July 15, 2008. -- Amended 1996 Ky. Acts ch. 257, sec. 6, effective July 15,

1996. -- Created 1982 Ky. Acts ch. 191, sec. 5, effective July 15, 1982.

315.040 Exceptions to chapter.

(1) Nothing in this chapter shall be construed to prevent, restrict, or otherwise interfere

with the sale of nonprescription drugs in their original packages by any retailer. No rule or

regulation shall be adopted by the Board of Pharmacy under this chapter which shall require

the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a

licensed pharmacist.

(2) Nothing in this chapter shall interfere with the professional activities of any licensed

practicing physician, or prevent the physician from keeping any drug or medicine that he or

she may need in his or her practice, from compounding the physician's own medications, or

from dispensing or supplying to patients any article that seems proper to the physician.

(3) Nothing in this chapter pertaining to the use of collaborative care agreements shall apply

in any hospital or other health facility operated by a hospital without the express written

permission of the hospital's governing body. Collaborative care agreements may be

restricted by the policies and procedures of the facility.

(4) Nothing in this chapter shall interfere with the activities of a physician assistant as

authorized in KRS Chapter 311.

(5) Nothing in this chapter shall interfere with the activities of an advanced practice

registered nurse as authorized in KRS Chapter 314.

(6) Nothing in this chapter shall be construed to prevent, restrict, or otherwise interfere

with the sale or distribution of dialysate solutions as defined in KRS 315.0351(2) or devices

necessary to perform home peritoneal dialysis to patients with end-stage renal disease,

provided that the requirements established in KRS 315.0351(2) are satisfied. No rule or

administrative regulation shall be adopted or promulgated by the board under this chapter

that requires the sale or distribution of dialysate solutions as defined in KRS 315.0351 or

devices necessary to perform home peritoneal dialysis by a licensed pharmacist or under

the supervision of a licensed pharmacist.

Effective:June 27, 2019

History: Amended 2019 Ky. Acts ch. 157, sec. 2, effective June 27,2019 – Amended 2017 Ky. Acts ch. 80, sec. 23, effective June 29,

2017. -- Amended 2010 Ky. Acts ch. 85, sec. 67, effective July 15, 2010. – Amended 2000 Ky. Acts ch. 391, sec. 22, effective July 14,

2000. -- Amended 1998 Ky. Acts ch. 228, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 257, sec. 7, effective July 15,

1996. -- Amended 1990 Ky. Acts ch. 482, sec. 12, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October

1, 1942, from Ky. Stat. secs. 1376t, 2625, 2632.

315.050 Qualifications of applicant for licensure -- Examination -- Standards for internship

-- Certificate of internship.

(1) Every applicant for licensure as a pharmacist shall be not less than eighteen (18) years of

age, of good mental health and moral character, a graduate of a school or college of

pharmacy program approved by the board, and shall file proof satisfactory to the board,

substantiated by proper affidavits, of completion of an approved internship.

(2) After the applicant has passed a satisfactory examination conducted before the board

under regulations prescribed by the board, he shall be entitled to a license as a pharmacist.

(3) The examination for licensure shall be given by the board at least two (2) times during

each year. The examination shall be prepared to measure the competency of the applicant

to engage in the practice of pharmacy. The board may employ and cooperate with any

organization or consultant in the preparation and grading of an appropriate examination,

but shall retain the sole discretion and responsibility of determining which applicants have

successfully passed such an examination.

(4) The board shall by regulation establish standards for pharmacist intern certification and

an approved internship program and shall determine appropriate qualifications for

pharmacists supervising approved internship programs.

(5) The board shall issue certificates of internship which shall be valid for six (6) years from

date of issuance. The fee for a certificate shall be set by administrative regulation of the

board, not to exceed fifty dollars ($50).

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 113, sec. 17, effective June 24, 2015. -- Amended 1996 Ky. Acts ch. 257, sec. 8, effective July 15,

1996. -- Amended 1990 Ky. Acts ch. 443, sec. 23, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 191, sec. 6, effective July 15,

1982. -- Amended 1970 Ky. Acts ch. 120, sec. 8; and ch. 221, sec. 4. -- Amended 1946 Ky. Acts ch. 161, sec. 1. -- Recodified 1942 Ky.

Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2625.

315.060 Examination fee.

A reasonable examination fee shall be fixed by administrative regulation of the board, not

to exceed three hundred dollars ($300) or increase more than twenty-five dollars ($25) per

year, and shall be collected for each examination taken by an applicant.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 9, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 7, effective July 15,

1982. -- Amended 1974 Ky. Acts ch. 310, sec. 2. -- Amended 1970 Ky. Acts ch. 221, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,

effective October 1, 1942, from Ky. Stat. sec. 2625.

315.065 Continuing education requirements.

(1) Because of the continuous introduction of new therapeutic and diagnostic agents and

changing concepts in the practice of pharmacy, it is essential that a pharmacist undertake a

program of continuing education to maintain his professional competency to practice in the

public interest.

(2) No pharmacist's license shall be renewed until the license holder is able to submit

written proof to the board that he has satisfactorily completed, in the previous renewal

period, a continuing education program acceptable to the board. Such continuing education

requirements shall be determined by regulation of the board, but they shall not require

more than an average of one and one-half (1-1/2) continuing education units (CEU) per

year.

(3) The board shall adopt rules and regulations to carry out the provisions of this section, to

include guidelines and criteria for reviewing and approving continuing education programs.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 113, sec. 18, effective June 24, 2015. -- Amended 2001 Ky. Acts ch. 61, sec. 11, effective June 21,

2001. -- Amended 1998 Ky. Acts ch. 531, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 257, sec. 10, effective July 15,

1996. -- Amended 1990 Ky. Acts ch. 443, sec. 10, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 191, sec. 9, effective July 15,

1982.

315.110 License expiration date -- Renewal fee -- Application and requirements --

Certificate -- Display -- Pocket certificate.

(1) Each license to practice pharmacy, unless sooner suspended or revoked, shall expire on

February 28 following its date of issuance. Every pharmacist who desires to continue to

practice pharmacy shall pay to the executive director of the board a reasonable renewal fee

to be set by administrative regulation of the board, but not to exceed one hundred seventy-

five dollars ($175) annually or increase more than twenty-five dollars ($25) per year, and

shall file with the board an application in such form and containing such data as the board

may require for renewal of the license. A delinquent renewal penalty fee not to exceed the

renewal fee may be assessed and set by administrative regulation for each renewal period

the licensee fails to renew the license after expiration.

(2) Every pharmacist shall keep his current certificate conspicuously displayed in his primary

place of practice.

(3) In addition to a current renewal certificate, each pharmacist shall be issued upon

renewal a pocket certificate which shall be in the licensee's possession at all times when the

licensee is engaged in the practice of pharmacy and which shall be exhibited by the licensee

upon request from any member, inspector or agent of the board.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 61, sec. 2, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 257, sec. 11, effective July 15,

1996. --Amended 1982 Ky. Acts ch. 191, sec. 8, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 310, sec. 3. -- Amended 1970

Ky. Acts ch. 221, sec. 7. -- Amended 1966 Ky. Acts ch. 260, sec. 2. -- Created 1960 Ky. Acts ch. 234, sec. 2. -- Recodified 1942 Ky. Acts

ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2627.

315.115 Renewal fees suspended for persons in Armed Forces.

All persons who are required to pay renewal fees to the board as registered pharmacists

shall not be required to pay such fees during the time such persons are actively serving in

the Armed Forces of the United States.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 12, effective July 15, 1996. -- Amended 1970 Ky. Acts ch. 221, sec. 8. -- Created 1942

Ky. Acts ch. 98, sec. 2.

315.120 Notification of failure to renew license -- Procedure for renewal of expired license

-- Renewal after lapse of five or more years -- Inactive license.

(1) Within thirty (30) days after the renewal period, the executive director shall notify all

pharmacists who have failed to comply with license renewal requirements.

(2) Any pharmacist who has failed to timely renew his license for any consecutive period up

to five (5) years may renew his license only upon satisfying the continuing education

regulations of the board and paying the cumulative penalty and renewal fees provided for in

KRS 315.110.

(3) Any pharmacist who has failed to timely renew his license for five (5) or more

consecutive years may renew his license only upon satisfying the continuing education

regulations of the board, passing a satisfactory examination before the board and paying

the renewal and penalty fees provided for in KRS 315.110.

(4) Any pharmacist not currently holding an active pharmacist's license in another

jurisdiction who does not desire to meet the qualifications for active license renewal shall,

upon application, be issued an inactive license. Such license shall entitle the license holder

to use the term "pharmacist" but the license holder shall not be permitted to engage in the

practice of pharmacy. An inactive license holder may apply for an active license as provided

for by the regulations of the board. The inactive license renewal fee shall be set by

administrative regulation of the board, not to exceed fifty dollars ($50) annually.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 61, sec. 3, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 257, sec. 13, effective July 15,

1996. -- Amended 1982 Ky. Acts ch. 191, sec. 10, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 221, sec. 9. -- Recodified 1942

Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2627.

315.121 Grounds for acting against licensee -- Notification to board of conviction required

-- Petition for reinstatement -- Expungement.

(1) The board may refuse to issue or renew a license, permit, or certificate to, or may

suspend, temporarily suspend, revoke, fine, place on probation, reprimand, reasonably

restrict, or take any combination of these actions against any licensee, permit holder, or

certificate holder for the following reasons:

(a) Unprofessional or unethical conduct;

(b) Mental or physical incapacity that prevents the licensee, permit holder, or

certificate holder from engaging or assisting in the practice of pharmacy or the

wholesale distribution or manufacturing of drugs with reasonable skill, competence,

and safety to the public;

irrespective of an order granting probation or suspending imposition of any

sentence imposed following the conviction or entry of such plea, one (1) or more or

the following, if in accordance with KRS Chapter 335B:

1. A crime as defined in KRS 335B.010; or

2. A violation of the pharmacy or drug laws, rules, or administrative regulations

of this state, any other state, or the federal government;

(d) Knowing or having reason to know that a pharmacist, pharmacist intern, or

pharmacy technician is incapable of engaging or assisting in the practice of

pharmacy with reasonable skill, competence, and safety to the public and failing to

report any relevant information to the board;

(e) Knowingly making or causing to be made any false, fraudulent, or forged

statement or misrepresentation of a material fact in securing issuance or renewal of

a license, permit, or certificate;

(f) Engaging in fraud in connection with the practice of pharmacy or the wholesale

distribution or manufacturing of drugs;

(g) Engaging in or aiding and abetting an individual to engage or assist in the practice

of pharmacy without a license or falsely using the title of "pharmacist," "pharmacist

intern," "pharmacy technician," or other term which might imply that the individual

is a pharmacist, pharmacist intern, or pharmacy technician;

(h) Being found by the board to be in violation of any provision of this chapter, KRS

Chapter 217, KRS Chapter 218A, or the administrative regulations promulgated

pursuant to these chapters;

(i) Violation of any order issued by the board to comply with any applicable law or

administrative regulation;

(j) Knowing or having reason to know that a pharmacist, pharmacist intern, or

pharmacy technician has engaged in or aided and abetted the unlawful distribution

of legend medications, and failing to report any relevant information to the board;

(k) Failure to notify the board within fourteen (14) days of a change in one's home

address.

(2) Unprofessional or unethical conduct includes but is not limited to the following acts of a

pharmacist, pharmacist intern, or pharmacy technician:

(a) Publication or circulation of false, misleading, or deceptive statements

concerning the practice of pharmacy;

(b) Divulging or revealing to unauthorized persons patient information or the nature

of professional services rendered without the patient's express consent or without

order or direction of a court. In addition to members, inspectors, or agents of the

board, the following are considered authorized persons:

1. The patient, patient's agent, or another pharmacist acting on behalf of the

patient;

2. Certified or licensed health-care personnel who are responsible for care of the

patient;

3. Designated agents of the Cabinet for Health and Family Services for the

purposes of enforcing the provisions of KRS Chapter 218A;

4. Any federal, state, or municipal officer whose duty is to enforce the laws of

this state or the United States relating to drugs and who is engaged in a specific

investigation involving a designated person; or

5. An agency of government charged with the responsibility of providing medical

care for the patient, upon written request by an authorized representative of

the agency requesting such information;

devices found in illegal traffic when the pharmacist, pharmacy intern, or pharmacy

technician knows or should have known of their intended use in illegal activities;

(d) Engaging in conduct likely to deceive, defraud, or harm the public, demonstrating

a willful or careless disregard for the health, welfare, or safety of a patient, or

engaging in conduct which substantially departs from accepted standards of

pharmacy practice ordinarily exercised by a pharmacist or pharmacy intern, with or

without established proof of actual injury;

(e) Engaging in grossly negligent professional conduct, with or without established

proof of actual injury;

(f) Except as provided in KRS 315.500, selling, transferring, dispensing, ingesting, or

administering a drug for which a prescription drug order is required, without having

first received a prescription drug order for the drug;

(g) Willfully or knowingly failing to maintain complete and accurate records of all

drugs received, dispensed, or disposed of in compliance with federal and state laws,

rules, or administrative regulations;

(h) Obtaining any remuneration by fraud, misrepresentation, or deception;

(i) Accessing or attempting to access confidential patient information for persons

other than those with whom a pharmacist has a current pharmacist-patient

relationship and where such information is necessary to the pharmacist to provide

pharmacy care; or

(j) Failing to exercise appropriate professional judgment in determining whether a

prescription drug order is lawful.

(3) Any licensee, permit holder, or certificate holder entering an "Alford" plea, pleading nolo

contendere, or who is found guilty of a violation prescribed in subsection (1)(c) of this

section shall within thirty (30) days notify the board of that plea or conviction. Failure to do

so shall be grounds for suspension or revocation of the license, certificate, or permit.

(4) Any person whose license, permit, or certificate has been revoked in accordance with

the provisions of this section, may petition the board for reinstatement. The petition shall

be made in writing and in a form prescribed by the board. The board shall investigate all

reinstatement petitions, and the board may reinstate a license, permit, or certificate upon

showing that the former holder has been rehabilitated and is again able to engage in the

practice of pharmacy with reasonable skill, competency, and safety to the public.

Reinstatement may be on the terms and conditions that the board, based on competent

evidence, reasonably believes necessary to protect the health and welfare of the citizens of

the Commonwealth.

(5) Upon exercising the power of revocation provided for in subsection (1) of this section,

the board may reasonably prohibit any petition for reinstatement for a period up to and

including five (5) years.

(6) Any licensee, permit holder, or certificate holder who is disciplined under this section for

a minor violation may request in writing that the board expunge the minor violation from

the licensee's, permit holder's, or certificate holder's permanent record.

(a) The request for expungement may be filed no sooner than three (3) years after

the date on which the licensee, permit holder, or certificate holder has completed

disciplinary sanctions imposed and if the licensee, permit holder, or certificate

holder has not been disciplined for any subsequent violation of the same nature

within this period of time.

(b) No person may have his or her record expunged under this section more than

once. The board shall promulgate administrative regulations under KRS Chapter 13A

to establish violations which are minor violations under this subsection. A violation

shall be deemed a minor violation if it does not demonstrate a serious inability to

practice the profession; assist in the practice of pharmacy; provide home medical

equipment and services; adversely affect the public health, safety, or welfare; or

result in economic or physical harm to a person; or create a significant threat of such

harm.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 143, sec 14, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 60, effective June

29, 2017. -- Amended 2016 Ky. Acts ch. 103, sec. 13, effective July 15, 2016. – Amended 2012 Ky. Acts ch. 73, sec. 11, effective July

12, 2012. -- Amended 2010 Ky. Acts ch. 22, sec. 7, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 148, sec. 8, effective July 15,

2008. -- Amended 2005 Ky. Acts ch. 99, sec. 598, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 51, sec. 4, effective June

24, 2003. -- Amended 2002 Ky. Acts ch. 335, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 549, effective July

15, 1998. – Amended 1996 Ky. Acts ch. 257, sec. 14, effective July 15, 1996. --Created 1982 Ky. Acts ch. 191, sec. 11, effective July 15,

1982.

Legislative Research Commission Note (7/12/2012). Under the authority of KRS 7.136(1), the Reviser of Statutes has corrected

manifest clerical or typographical errors in this statute during codification. The meaning of the text was not changed.

315.125 Mental or physical examination ordered by board -- Effect of failure to submit to

examination.

(1) When the board has probable cause to believe a pharmacist, pharmacy technician,

licensee, certificate holder, or permit holder is suffering from a mental or physical condition

that might impede that person's ability to practice competently, the board may order the

individual to undergo a mental or physical examination by an appropriately-trained

professional designated by the board.

(2) Failure of a pharmacist, pharmacy technician, licensee, or permit holder to submit to

such an examination when directed, unless the failure was due to circumstances beyond his

or her control, shall constitute an admission that he or she has developed such a mental or

physical disability, or other condition, that continued practice is dangerous to patients or to

the public. Failure to attend the examination shall constitute a default, and a final order

suspending, limiting, restricting, or revoking the license or permit may be entered without

the taking of testimony or presentation of evidence.

(3) A pharmacist, pharmacy technician, licensee, or permit holder whose license has been

suspended, limited, restricted, or revoked pursuant to this section shall at reasonable

intervals be afforded an opportunity, pursuant to KRS 315.121(4), to demonstrate that he

can resume the competent practice of pharmacy with reasonable skill and safety to

patients.

Effective: July 15, 2016

History: Amended 2016 Ky. Acts ch. 103, sec. 15, effective July 15, 2016. -- Amended

2012 Ky. Acts ch. 73, sec. 12, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 148, sec. 5, effective July 15, 2008. -- Created

1996 Ky. Acts ch. 257, sec. 15, effective July 15, 1996.

Legislative Research Commission Note (7/12/2012). Under the authority of KRS 7.136(1), the Reviser of Statutes has corrected

manifest clerical or typographical errors in this statute during codification. The meaning of the text was not changed.

315.126 Pharmacist recovery network committee -- Administrative regulations --

Assessment -- Confidentiality -- Reporting restrictions.

(1) The board shall establish a pharmacist recovery network committee to promote the

early identification, intervention, treatment, and rehabilitation of pharmacists and

pharmacist interns who may be impaired by reason of illness, alcohol or drug abuse, or as a

result of any other physical or mental condition.

(2) The board may enter into a contractual agreement with a nonprofit corporation,

pharmacy professional organization, or similar organization for the purpose of creating,

supporting, and maintaining a pharmacist recovery network committee.

(3) The board may promulgate administrative regulations pursuant to KRS Chapter 13A to

effectuate and implement the provisions of this section.

(4) Beginning July 15, 1998, the board shall collect an assessment of ten dollars ($10) to be

added to each licensure renewal application fee payable to the board. This assessment shall

be expended by the board on the operation of the pharmacist recovery network committee.

(5) Members of a pharmacist recovery network committee, any administrator, staff

member, consultant, agent, volunteer, or employee of the committee acting within the

scope of his or her duties and without actual malice and all other persons who furnish

information to the committee in good faith and without actual malice shall not be liable for

any claim or damages as a result of any statement, decision, opinion, investigation, or action

taken by the committee or by any individual member of the committee.

(6) All information, interviews, reports, statements, memoranda, or other documents

furnished to or produced by the pharmacist recovery network committee, all

communications to or from the committee, and all proceedings, findings, and conclusions of

the committee, including those relating to intervention, treatment, or rehabilitation, that in

any way pertain or refer to a pharmacist or pharmacist intern who is or may be impaired

shall be privileged and confidential.

(7) All records and proceedings of the committee that pertain or refer to a pharmacist or

pharmacist intern who is or may be impaired shall be privileged and confidential, used by

the committee and its members only in the exercise of the proper function of the

committee, not be considered public records, and not be subject to court subpoena,

discovery, or introduction as evidence in any civil, criminal, or administrative proceedings,

except as described in subsection (8) of this section.

(8) The committee may only disclose the information relative to an impaired pharmacist or

pharmacist intern if:

(a) It is essential to disclose the information to persons or organizations needing the

information in order to address the intervention, treatment, or rehabilitation needs

of the impaired pharmacist or pharmacist intern;

(b) The release is authorized in writing by the impaired pharmacist or pharmacist

intern; or

315.121.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 61, sec. 5, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 531, sec. 1, effective July 15,

1998.

315.131 Proceedings before fine, probation, suspension, revocation of license, permit, or

certificate -- Appeals -- Emergency suspension prior to disciplinary hearing.

(1) Every proceeding imposing a fine or for probation, suspension, or revocation of a license,

permit, or certificate issued pursuant to this chapter shall be conducted in accordance with

KRS Chapter 13B. Upon failure of the licensee, permit holder, or certificate holder to

respond to the complaint at or before the time of the hearing, the allegations set forth in

the complaint shall be taken by the board as confessed.

(2) All decisions revoking or suspending a license, permit, or certificate or placing a licensee,

permit holder, or certificate holder on probation or imposing a fine shall be made by the

board.

(3) The board may when in its opinion the continued practice of the licensee or certificate

holder or the continued operation of the permit holder would be dangerous to the health,

welfare, and safety of the general public, issue an emergency order as provided in KRS

13B.125.

(4) A licensee, permit holder, or certificate holder aggrieved by a final order of the board

may within ten (10) days after notice thereof move the board to reconsider this order. A

motion to reconsider based on newly-discovered material evidence must be made within

one (1) year of the entry of the order.

(5) A licensee, permit holder, or certificate holder aggrieved by a final order of the board

may appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B.

(6) The board may, without benefit of a hearing, temporarily suspend a license, certificate,

or permit for not more than sixty (60) days if the president of the board finds on the basis of

reasonable evidence that a licensee, certificate holder, or permit holder:

(a) Has violated a statute or administrative regulation the board is empowered to

enforce, and continued practice or operation by the licensee, certificate holder, or

permit holder would create imminent risk of harm to the public; or

(b) Suffers a mental or physical condition that through continued practice or

operation could create an imminent risk of harm to the public.

The emergency suspension shall take effect upon receipt by the licensee, certificate holder,

or permit holder of written notice, delivered by certified mail or in person, specifying the

statute or administrative regulation violated. At the time the emergency suspension order

issues, the board shall schedule a disciplinary hearing to be held in accordance with the

provisions of KRS Chapter 13B within sixty (60) days thereafter.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 16, effective July 15, 1996; and ch. 318, sec. 271, effective July 15, 1996. -- Amended

1982 Ky. Acts ch. 191, sec. 12, effective July 15, 1982. -- Created 1966 Ky. Acts ch. 260, sec. 8.

Legislative Research Commission Note (10/16/96). The initial 1996 codification of the amendments to this statute from the 1996

Regular Session has been revised with respect to subsection (5) of the statute. 1996 Ky. Acts ch. 257, sec. 16, made the venue for

appeals "the Franklin Circuit Court" while 1996 Ky. Acts ch. 318, sec. 271, changed "permittee" to "permit holder," in existing

language that set the venue for appeals as "the Circuit Court of the county in which the licensee, permittee or certificate holder

conducts his practice or place of business." The changing of the word "permittee" to "permit holder" in this phrase was purely

stylistic. Therefore, although Acts ch. 318 was a later enactment than Acts ch. 257 for purposes of KRS 446.250, the substantive

amendment on this point in Acts ch. 257 prevails over the nonsubstantive, stylistic amendment in Acts ch. 318 pursuant to 1996 Ky.

Acts ch. 318, sec. 358. The text of subsection (5) has been altered to reflect this determination.

Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 257 and 318. Where these Acts

are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 318, which was last enacted by the General

Assembly, prevails under KRS 446.250.

315.135 Registration as pharmacy technician required to assist in the practice of

pharmacy -- Exemptions.

(1) Effective April 1, 2009, a person shall not assist in the practice of pharmacy unless he or

she is duly registered as a pharmacy technician under the provisions of this chapter or is

exempt under subsection (2) of this section.

(2) A person may assist in the practice of pharmacy without obtaining the registration

required by this section if the person:

(a) Has filed an application with the board in accordance with KRS 315.136 and no

more than thirty (30) days has elapsed since the date the applicant was first

employed by the pharmacy. The exemption shall not apply if:

1. The application has been denied;

2. The person is less than sixteen (16) years of age; or

3. The person has previously been denied a registration or has had a registration

revoked or suspended in any jurisdiction and the registration has not yet been

issued or reinstated;

(b) Is in the employ of a son, daughter, spouse, parent, or legal guardian; or

postsecondary educational institution.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 148, sec. 1, effective July 15, 2008.

315.136 Requirements for registration as pharmacy technician.

(1) Every applicant for registration as a pharmacy technician shall be sixteen (16) years of

age and of good mental health and moral character and shall file with the board an

application in such form and containing such data as the board may reasonably require.

(2) The application fee shall be twenty-five dollars ($25). All applicants for registration as a

pharmacy technician who serve only on a voluntary basis as a pharmacy technician with a

pharmacy operated by a charitable provider as defined in KRS 142.301 shall not be required

to pay the application fee.

(3) The board shall issue a certificate of registration and a pocket registration card to an

applicant who meets the requirements for registration.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 11, sec. 1, effective July 15, 2010. -- Created 2008 Ky. Acts ch. 148, sec. 2, effective July 15, 2008.

315.137 Denial of application for registration as pharmacy technician -- Hearing.

(1) The board may deny an application for registration filed under KRS 315.136 if the

applicant:

(a) Submits an incomplete application;

(b) Fails to submit the application fee; or

(2) After denying an application for registration, the board shall set the matter for a hearing

in accordance with KRS Chapter 13B, upon the written request of the applicant. The

applicant's request shall be submitted to the board no later than thirty (30) days

immediately following the date the letter of denial is postmarked.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 148, sec. 3, effective July 15, 2008.

315.138 Renewal of registration as pharmacy technician -- Display of registration

certificate.

(1) Every pharmacy technician who wishes to renew his or her registration shall pay to the

executive director of the board an annual renewal fee of twenty-five dollars ($25) and shall

file with the board an application in such form and containing such information that the

board reasonably determines necessary to renew the registration. Each pharmacy

technician's registration shall expire on March 31 of each year. A delinquent renewal

penalty fee not to exceed twenty-five dollars ($25) may be assessed for each renewal period

the registrant fails to remove his or her registration after the expiration of the registration.

(2) Every pharmacy technician shall keep his or her current certificate of registration

conspicuously displayed in the technician's primary place of employment.

(3) In addition to a current certificate of registration, each pharmacy technician shall be

issued, upon renewal, a pocket registration card which shall be in the registrant's possession

when the registrant is assisting in the practice of pharmacy. The pocket registration card

shall be exhibited upon the request of any member, inspector, or agent of the board.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 148, sec. 4, effective July 15, 2008.

315.150 Board membership -- Appointment -- Term -- Vacancy -- Oath -- Quorum.

(1) The board shall consist of six (6) members appointed by the Governor. Five (5) members

shall be pharmacists licensed in this state. One (1) member shall be a citizen at large, who is

not associated with or financially interested in the practice of pharmacy.

(2) In any calendar year scheduled to be the last full calendar year of a member's regular

term in office, the association shall select and submit to the Governor a list of five (5)

pharmacists, each of whom has had at least five (5) years' experience in the practice of

pharmacy, is a resident of the state and in good standing with the board. On or before

March 1 of the same year, the society, other state pharmacy organizations, or individuals

may submit recommendations to the association for its consideration in selecting the list to

be submitted. The Governor shall, before October 1 of the same year, appoint no more than

two (2) persons from each list so submitted, to take office on January 1 following. The

citizen member shall be appointed by the Governor. No two (2) pharmacist members of the

board shall be residents of the same county.

(3) Beginning January 1, 2005, the term of each board member shall be four (4) years. Each

member shall serve until his or her successor is appointed and qualified, unless removed for

cause. No member shall be appointed to serve for more than two (2) full terms.

(4) The Governor shall fill any vacancy of a pharmacist member from the names last

submitted within sixty (60) days after such a vacancy occurs. Any member so appointed

shall commence service at the next regularly-scheduled board meeting and shall serve for

the remainder of the term vacated.

(5) Each member shall take and subscribe to an oath before a competent officer to perform

the duties of the office faithfully and impartially. The oath shall be inscribed upon the

member's commission.

(6) Four (4) members of the board shall constitute a quorum.

Effective: July 13, 2004

History: Amended 2004 Ky. Acts ch. 96, sec. 4, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 257, sec. 17, effective July 15,

1996. -- Amended 1982 Ky. Acts ch. 191, sec. 13, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 206, sec. 8. -- Amended 1970

Ky. Acts ch. 221, sec. 12. -- Amended 1948 Ky. Acts ch. 222, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,

1942, from Ky. Stat. secs. 2621, 2622.

315.155 Removal of board members.

(1) The Governor may remove a member of the board for any of the following reasons:

(a) Refusal or inability of a board member to perform his duties as a member of the

board in an efficient, responsible and professional manner;

(b) Misuse of the office by a member of the board to obtain personal, pecuniary, or

material gain or advantage for himself or another;

promulgated thereunder.

(2) Any person may file a complaint with the executive director of the board against a board

member alleging specific facts which constitute grounds for removal from the board. The

executive director shall transmit a copy of any such complaint to the Governor, the

president of the board and the accused board member. Upon a written recommendation of

the Governor or two-thirds (2/3) of the members of the board, a hearing shall be conducted

before an impartial hearing officer pursuant to KRS Chapter 13B.

(3) The hearing officer shall submit a transcript of the hearing to the Governor with a

recommendation based on evidence presented in the hearing. The Governor shall review

the transcript to determine if the evidence supports the recommendation, and he shall

enter a finding in accordance with such determination.

(4) In the event a board member is removed, his removal shall be effective as of the date of

the Governor's finding and a vacancy shall be deemed to exist. Any board member so

removed shall be entitled to appeal the removal in the Franklin Circuit Court.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 18, effective July 15, 1996. -- Created 1982 Ky. Acts ch. 191, sec. 19, effective July 15,

1982.

315.160 Election of officers -- Executive director -- Meetings.

(1) The board shall elect annually from its membership a president and such other officers

as it deems necessary. These officers shall serve for a term of one (1) year and perform the

duties prescribed by the board. No officer shall serve more than two (2) consecutive full

terms in each office to which he is elected.

(2) The board shall employ a pharmacist to serve as a full time employee of the board in the

position of executive director. The executive director shall be responsible for the

performance of the administrative functions of the board and such other duties as the

board may direct. The board may employ, upon recommendation of the executive director,

such additional assistance as necessary for the proper conduct of board business and in

accordance with the rules and regulations of the Kentucky Personnel Cabinet.

(3) The board shall meet at least four (4) times a year to transact business, at such place as it

may determine. The board may also meet at the call of the president or a majority of the

board members. Each board member shall be given adequate prior notice of any board

meeting.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 154, sec. 89, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 191, sec. 14, effective July 15,

1982. -- Amended 1970 Ky. Acts ch. 221, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.

sec. 2622.

315.171 Compensation of board members and executive director.

(1) Beginning January 1, 1998, each member of the board shall receive not more than one

hundred dollars ($100) for each day actively engaged in the service of the board. During the

period between July 15, 1996, and January 1, 1998, each board member shall receive not

more than seventy-five dollars ($75) for each day actively engaged in the service of the

board. Each member shall receive his traveling expenses and all necessary expenses

incurred in the performance of his official duties.

(2) The executive director of the board shall receive a reasonable salary determined by the

board. He shall also receive his traveling expenses and all necessary expenses incurred in

the performance of his official duties.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 19, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 15, effective July 15,

1982. -- Created 1966 Ky. Acts ch. 260, sec. 5.

315.180 Executive director to keep record of persons issued licenses, permits or

certificates.

The executive director shall keep a register of the names of those persons to whom a

license, permit or certificate has been issued and the dates thereof.

Effective: July 15, 1982

History: Amended 1982 Ky. Acts ch. 191, sec. 16, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 221, sec. 15. -- Recodified

1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2627.

315.191 Powers and duties of board -- Advisory council.

(1) The board is authorized to:

(a) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary

to regulate and control all matters set forth in this chapter relating to pharmacists,

pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and

manufacturers, to the extent that regulation and control of same have not been

delegated to some other agency of the Commonwealth, but administrative

regulations relating to drugs shall be limited to the regulation and control of drugs

sold pursuant to a prescription drug order. However, nothing contained in this

chapter shall be construed as authorizing the board to promulgate any

administrative regulations relating to prices or fees or to advertising or the

promotion of the sales or use of commodities or services;

(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to

schedule and conduct hearings on behalf of the board on any matter under the

jurisdiction of the board;

with at least two (2) examinations to be held annually;

(d) Issue and renew all licenses, certificates, and permits for all pharmacists,

pharmacist interns, pharmacies, pharmacy technicians, wholesale distributors, and

manufacturers engaged in the manufacture, distribution, or dispensation of drugs;

(e) Investigate all complaints or violations of the state pharmacy laws and the

administrative regulations promulgated by the board, and bring all these cases to

the notice of the proper law enforcement authorities;

(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are

necessary and to control the storage, retrieval, dispensing, refilling, and transfer of

prescription drug orders within and between pharmacists and pharmacies licensed

or issued a permit by it;

(g) Perform all other functions necessary to carry out the provisions of law and the

administrative regulations promulgated by the board relating to pharmacists,

pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and

manufacturers;

(h) Establish or approve programs for training, qualifications, and registration of

pharmacist interns;

(i) Assess reasonable fees, in addition to the fees specifically provided for in this

chapter and consistent with KRS 61.870 to 61.884, for services rendered to perform

its duties and responsibilities, including, but not limited to, the following:

1. Issuance of duplicate certificates;

2. Mailing lists or reports of data maintained by the board;

3. Copies of documents; or

4. Notices of meetings;

(j) Seize any drug or device found by the board to constitute an imminent danger to

public health and welfare;

(k) Establish an advisory council to advise the board on administrative regulations

and other matters, within the discretion of the board, pertinent to the regulation of

pharmacists, pharmacist interns, pharmacy technicians, pharmacies, drug

distribution, and drug manufacturing. The council shall consist of nine (9) members

selected by the board for terms of up to four (4) years. No member shall serve on

the council for more than eight (8) years. Membership of the council shall include

nine (9) individuals broadly representative of the profession of pharmacy and the

general public. Members shall be selected by the board from a list of qualified

candidates submitted by the association, society, or other interested parties; and

(l) Promulgate administrative regulations establishing the qualifications that

pharmacy technicians are required to attain prior to engaging in pharmacy practice

activities outside the immediate supervision of a pharmacist.

(2) The board shall have other authority as may be necessary to enforce pharmacy laws and

administrative regulations of the board including, but not limited to:

(a) Joining or participating in professional organizations and associations organized

exclusively to promote improvement of the standards of practice of pharmacy for

the protection of public health and welfare or facilitate the activities of the board;

and

(b) Receiving and expending funds, in addition to its biennial appropriation,

received from parties other than the state, if:

1. The funds are awarded for the pursuit of a specific objective which the board

is authorized to enforce through this chapter, or which the board is qualified to

pursue by reason of its jurisdiction or professional expertise;

2. The funds are expended for the objective for which they were awarded;

3. The activities connected with or occasioned by the expenditure of the funds

do not interfere with the performance of the board's responsibilities and do not

conflict with the exercise of its statutory powers;

4. The funds are kept in a separate account and not commingled with funds

received from the state; and

5. Periodic accountings of the funds are maintained at the board office for

inspection or review.

(3) In addition to the sanctions provided in KRS 315.121, the board or its hearing officer

may direct any licensee, permit holder, or certificate holder found guilty of a charge

involving pharmacy or drug laws, rules, or administrative regulations of the state, any other

state, or federal government, to pay to the board a sum not to exceed the reasonable costs

of investigation and prosecution of the case, not to exceed twenty-five thousand dollars

($25,000).

(4) In an action for recovery of costs, proof of the board's order shall be conclusive

proof of the validity of the order of payment and any terms for payment.

Effective: July 15, 2016

History: Amended 2016 Ky. Acts ch. 103, sec. 14, effective July 15, 2016. – Amended 2015 Ky. Acts ch. 56, sec. 3, effective June 24,

2015. -- Amended 2012 Ky. Acts ch. 73, sec. 13, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 148, sec. 10, effective July 15,

2008. -- Amended 2005 Ky. Acts ch. 61, sec. 4, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 257, sec. 20, effective July 15,

1996. -- Amended 1982 Ky. Acts ch. 191, sec. 17, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 221, sec. 16. -- Created 1966

Ky. Acts ch. 260, sec. 1.

Legislative Research Commission Note (7/12/2012). The internal format of subsection (1)(d) of this statute has been modified by

the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 73, sec. 13, under the authority of KRS 7.136(1). The words in

the text were not changed.

315.193 Board members' immunity for official acts.

(1) Members of the board, its agents, and employees shall be immune from suit in any

action, civil, or criminal, which is based upon any official act or acts performed by them in

good faith.

(2) Any pharmacist, whose duty it is to review or evaluate the acts of other pharmacists and

who serves on any committee, board, commission or other entity affiliated with a

governmental or quasi-governmental agency or with a medical facility, shall not be required

to respond in damages for any official action taken by him in good faith as a member

thereof.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 257, sec. 21, effective July 15, 1996. -- Created 1974 Ky. Acts ch. 310, sec. 4.

315.195 Agency fund -- Use.

(1) All license, permit, and certificate fees, charges, fines, and other moneys collected by the

board under the provisions of this chapter, and the administrative regulations of the board,

shall be deposited into the State Treasury and credited to a trust and agency fund to be

used by the board in carrying out the provisions of this chapter, and are hereby

appropriated for those purposes.

(2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal

year shall not lapse but shall be carried forward into the succeeding fiscal year.

Effective: July 12, 2012

History: Amended 2012 Ky. Acts ch. 73, sec. 14, effective July 12, 2012. -- Amended 1996 Ky. Acts ch. 257, sec. 22, effective July 15,

1996. – Amended 1982 Ky. Acts ch. 191, sec. 18, effective July 15, 1982. -- Created 1966 Ky. Acts ch. 260, sec. 11.

315.200 For whom prescriptions to be refilled.

No prescription shall be knowingly refilled except for the person for whom it was written.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2060a-6.

315.202 Exercise of judgment by pharmacist to dispense varying quantities of prescription

drug per fill.

(1) Notwithstanding any statute to the contrary, unless the practitioner has specified on the

prescription drug order that dispensing a prescription for a noncontrolled maintenance drug

in an initial amount followed by periodic refills is medically necessary, a pharmacist may

exercise professional judgment to dispense varying quantities of the prescribed drug per fill

up to the total number of dosage units as authorized by the practitioner on the prescription

drug order, including any refills, up to a ninety (90) day supply.

(2) This section does not apply to controlled substances or to any drugs for which a report is

required to the electronic system for monitoring controlled substances established in KRS

218A.202.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 113, sec. 1, effective June 29, 2017.

315.205 Notification of immunization to minor's primary care provider.

Upon the request of an individual or his or her parent or guardian, a pharmacist who

administers an immunization to an individual who is nine (9) to seventeen (17) years of age,

as authorized in KRS 315.010(22), shall provide notification of the immunization to the

individual's primary care provider.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 44, sec. 2, effective June 29, 2017; and ch. 136, sec. 11, effective June 29, 2017. -- Amended

2016 Ky. Acts ch. 105, sec. 3, effective July 15, 2016. -- Amended 2011 Ky. Acts ch. 81, sec. 2, effective June 8, 2011. -- Created 2010

Ky. Acts ch. 37, sec. 2, effective July 15, 2010.

Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 44 and 136, which do not

appear to be in conflict and have been codified together.

315.210 Reciprocity.

The board may exchange license certificates with other states so as to allow registered

pharmacists of other states to practice pharmacy in this state under regulations prescribed

by the board.

History: Amended 1970 Ky. Acts ch. 221, sec. 17.--Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.

sec. 2619a-1.

315.220 Powers of representatives of board.

(1) For the purpose of enforcing the provisions of this chapter, officers, agents, and

inspectors of the board shall have the power and authority to:

(a) Administer oaths;

(b) Enter upon premises of all facilities issued a permit or license by the board, at all

reasonable times for the purpose of:

1. Making inspections and carrying out the provisions of this chapter;

2. Conducting investigations;

3. Requiring production of books, papers, documents, records, or other evidence

for inspection or copying;

4. Seizing evidence; or

5. Securing oral or written statements;

(d) Expend funds for the purpose of obtaining evidence; and

(e) Issue subpoenas.

(2) As used in subsection (1) of this section, "records" includes, but is not limited to, patient

records.

(3) Any decision to inspect, copy, or seize books, papers, documents, records, or other

evidence shall be at the discretion of the officer, agent, or inspector of the board.

(4) Inspection, copying, or seizure of books, papers, documents, records, or other evidence

does not affect the confidential nature of those records, and the board shall maintain the

records so as to protect the confidentiality of the records.

Effective: July 12, 2012

History: Amended 2012 Ky. Acts ch. 73, sec. 15, effective July 12, 2012. -- Amended 1996 Ky. Acts ch. 257, sec. 23, effective July 15,

1996. – Created 1966 Ky. Acts ch. 260, sec. 9.

315.230 Restraint of violations -- Legal representation.

(1) Notwithstanding the existence or pursuit of any other remedy (civil or criminal) the

board is hereby authorized to institute and maintain actions to restrain and enjoin any

violation of this chapter, or the rules and regulations of the board.

(2) City, county and Commonwealth's attorneys, and the Attorney General, shall within their

respective jurisdictions represent the board, its officers, agents, and inspectors, in the

enforcement of the provisions of this chapter, and the rules and regulations of the board,

but when the board deems it necessary, it may employ at its discretion, special attorneys to

assist the board, or its officers, agents, or inspectors, and may pay reasonable

compensation, fees and other costs from any unexpended funds.

History: Created 1966 Ky. Acts ch. 260, sec. 10.

315.235 Attorney General's jurisdiction to investigate and prosecute violators of

pharmacy laws.

(1) The Attorney General has concurrent jurisdiction with the Commonwealth's attorneys of

this state for the enforcement of the provisions of this chapter.

(2) The Attorney General may investigate and prosecute a practitioner or any other person

who violates the provisions of:

(a) This chapter; and

(b) Any other statute if the violation is committed by the practitioner or person in

the course of committing a violation described in paragraph (a) of this subsection.

(3) When acting pursuant to this section, the Attorney General may commence his

investigation and file a criminal action without leave of court, and the Attorney General has

exclusive charge of the conduct of the prosecution.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 150, sec. 16, effective June 20, 2005.

315.295 Automated pharmacy system in residential hospice facilities.

(1) As used in this section and KRS 315.300:

(a) "Automated pharmacy system" means a mechanical system that delivers

prescribed over-the-counter and legend drugs, and controlled substances received

from a pharmacy licensed in Kentucky that maintains transaction information; and

(b) "Residential hospice facility" means a facility licensed under KRS Chapter 216B

that provides residential skilled nursing care, pain management, and treatment for

acute and chronic conditions for terminally ill patients.

(2) A pharmacy may provide pharmacy services to a residential hospice facility through the

use of an automated pharmacy system under the supervision of a licensed pharmacist

pursuant to the policies, procedures, and protocol established by the Kentucky Board of

Pharmacy. The supervising pharmacist shall not be required to be physically present at the

location of the automated pharmacy system and supervision may be provided

electronically.

(3) Drugs stored in bulk or unit dose in an automated pharmacy system in a residential

hospice facility shall be considered the inventory of the pharmacy providing services to the

facility and drugs delivered through the automated pharmacy system shall be considered

dispensed by the pharmacy.

(4) The Kentucky Board of Pharmacy shall promulgate administrative regulations pursuant

to KRS Chapter 13A to implement the provisions of this section that shall include but not be

limited to:

(a) Accuracy of the automated pharmacy system;

(b) Security of the system;

users;

(d) Inventory management;

(e) Labeling or reporting requirements that include identification of the dispensing

pharmacy, the prescription number, the name of the patient, and the name of the

prescriber; and

(f) Training for authorized users.

(5) Nothing in this section shall be construed to limit or impede pharmacy practice in

Kentucky.

Effective: July 12, 2006

History: Created 2006 Ky. Acts ch. 153, sec. 1, effective July 12, 2006.

315.300 Placement of drugs by pharmacy with authorized employees of home health

agencies and hospices -- Protocol -- Allowable legend drugs -- Administrative regulations.

(1) A pharmacy shall be allowed to place drugs with a home health agency's authorized

employees and with a hospice's authorized employees for the betterment of public health.

The pharmacy shall remain the legal owner of the drugs.

(2) A written agreement between the pharmacy and home health agency or hospice shall

document the protocol for the handling and storage of the drugs by authorized employees

and shall be approved by the pharmacist in charge.

(3) The pharmacist in charge shall review the protocol to assure that safe, secure and

accountable handling of controlled legend drugs is maintained under the protocol before

giving approval.

(4) The pharmacist in charge or a pharmacist designee shall physically inspect and review

the drug storage and handling at the home health agency and the hospice not less than

annually.

(5) The home health agency and the hospice protocol shall include but not be limited to the

following:

(a) Safe and secure storage of drugs;

(b) Access to drugs limited to authorized employees;

amounts, and to whom and by whom administered;

(d) Prompt notification of the pharmacy when a drug is used, including the

prescriber, patient, drug, dosage form, directions for use and other pertinent

information;

(e) Billing information;

(f) Procedures for handling drugs beyond their expiration date; and

(g) Inventory control.

(6) The following legend drugs shall be allowed under these agreements:

(a) Sterile water for injection or irrigation;

(b) Sterile saline solution for injection or irrigation;

(d) Diphenhydramine injectable;

(e) Epinephrine injectable;

(f) Glucagon;

(g) Influenza vaccine; and

(h) Pneumonia vaccine.

(7) As used in this section:

(a) "Authorized employee" means any employee of a home health agency or hospice

who, in the course of the employee's duties, is licensed by the employee's

appropriate licensing agency to administer legend drugs;

(b) "Home health agency" means an entity required to be licensed under KRS

Chapter 216; and

or as a licensed hospice pursuant to KRS Chapter 216.

(8) The cabinet shall promulgate administrative regulations to implement the provisions of

this section.

(9) Nothing in this section shall preclude or prevent a pharmacy from providing pharmacy

services through an automated pharmacy system to a residential hospice facility in

accordance with KRS 315.295.

Effective: July 12, 2006

History: Amended 2006 Ky. Acts ch. 153, sec. 2, effective July 12, 2006. -- Created 1998 Ky. Acts ch. 531, sec. 5, effective July 15,

1998.

315.310 Duty of treating pharmacist utilizing telehealth to ensure patient's informed

consent and maintain confidentiality -- Board to promulgate administrative regulations --

Definition of "telehealth".

(1) A treating pharmacist who provides or facilitates the use of telehealth shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum, confidentiality

shall be maintained through appropriate processes, practices, and technology as

designated by the board and that conform to applicable federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS Chapter

13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video, or

other electronic media to deliver health care. It includes the use of electronic media for

diagnosis, consultation, treatment, transfer of health or medical data, and continuing

education.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 376, sec. 15, effective July 14, 2000.

315.320 Illegal operation of out-of-state pharmacy -- Exemption for lapsed license or

permit -- Penalty -- Exceptions from section.

(1) A person or pharmacy is guilty of a Class C felony if the person or pharmacy, located

inside or outside this Commonwealth, is not licensed by the Commonwealth of Kentucky to

engage in the practice of pharmacy and knowingly:

(a) Communicates with a person in this Commonwealth; and

(b) Uses or attempts to use such communication or information, in whole, or in part,

to:

1. Fill or refill a prescription for a prescription drug for the other person; or

2. Deliver, cause, allow, or aid in the delivery of a controlled substance, imitation

controlled substance, counterfeit substance or prescription drug to the other

person.

(2) A person or pharmacy is guilty of a Class B felony if the substance or drug dispensed in

subsection (1) of this section:

(a) Is classified in Schedule I; or

(b) Proximately causes serious physical injury or the death of the intended recipient

of the substance or drug or any other person.

(3) The court shall not grant probation to or suspend the sentence of a person punished

pursuant to subsection (2) of this section.

(4) A person who knowingly aids another in any act or transaction that violates the

provisions of subsection (1) of this section is guilty of a Class C felony.

(5) A person who knowingly aids another in any act or transaction that violates the

provisions of subsection (2) of this section is guilty of a Class B felony.

(6) A person or pharmacy may be prosecuted, convicted, and punished for a violation of this

section whether or not the person is prosecuted, convicted, or punished for a violation of

any other statute based upon the same act or transaction.

(7) This section shall not apply to a licensed pharmacist or permitted pharmacy that

inadvertently allows its license or permit issued by the Kentucky Board of Pharmacy to lapse

for a period of less than thirty (30) days.

(8) This section shall not apply to authorized agents of a pharmacy with a valid permit issued

by the Kentucky Board of Pharmacy.

(9) This section shall not apply to an authorized agent of a pharmacy that inadvertently

allows its permit issued by the Kentucky Board of Pharmacy, to lapse for a period of less

than thirty (30) days.

(10) Unless a more specific penalty applies within this chapter, anyone who uses the

Internet to communicate and facilitate the sale of controlled substances, except as

specifically provided for in this chapter, may be prosecuted under KRS Chapter 218A.

Effective: June 26, 2007

History: Amended 2007 Ky. Acts ch. 124, sec. 11, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 150, sec. 14, effective June 20,

2005.

315.325 Exemption from pharmacy licensing requirements for common carriers

transporting drugs.

The provisions of KRS 315.320 do not apply to a person who is:

(1) A common or contract carrier or warehouseman, or any employee thereof, unless the

person is acting outside of the usual course of his business or employment or knows or has

reasonable cause to believe that the act or transaction is unlawful; or

(2) An employee or agent of a pharmacist or pharmacy licensed or permitted pursuant to

this chapter and acting in accordance with KRS Chapter 218A, unless the person is acting

outside of the usual course of his business or employment or knows or has reasonable

cause to believe that the act or transaction is unlawful; or

(3) The intended recipient of a substance or drug, unless the intended recipient knows or

has reasonable cause to believe that the act or transaction is unlawful.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 150, sec. 15, effective June 20, 2005.

315.330 Seizure and forfeiture of illegal drug shipments.

(1) Any drug which is ordered or shipped in violation of any provision of this chapter or KRS

Chapter 218A shall be considered as contraband and may be seized by any peace officer or

any employee of the Board of Pharmacy designated to enforce the provisions of this chapter

or KRS Chapter 218A.

(2) The officer, prior to seizing the drug, shall make a reasonable effort to determine:

(a) The person who ordered the drug;

(b) The pharmacy from which the drug was ordered;

(d) The intended recipient of the drug; and

(e) Whether or not the shipment was legal.

(3) Unless the matter is the subject of a criminal prosecution, if, after thirty (30) days of

investigation, the officer seizing the drug cannot adequately determine the information

required by subsection (2) of this section, the drug that has been seized shall be considered

as abandoned and escheat to the Commonwealth.

(4) If a drug seized pursuant to this section is the subject of a criminal investigation, the drug

shall be retained as evidence and, if there is a conviction of any person or pharmacy relating

to the ordering or shipment of the drug, the drug shall be forfeited to the Commonwealth. If

the defendant is found not guilty or the charges are dismissed with prejudice, the drug shall

be returned to the defendant.

(5) Drugs which have been seized and which have been forfeited or abandoned and escheat

to the Commonwealth shall be destroyed.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 150, sec. 17, effective June 20, 2005

315.335 Reporting of robbery, theft, or missing shipment of controlled substances.

(1) A pharmacy located in Kentucky which has a robbery or theft of a controlled substance

shall immediately following the robbery or discovery of the theft report the incident to a

law enforcement agency serving the geographic area in which the pharmacy is located.

(2) A pharmacy which has mailed or shipped a controlled substance to a location in

Kentucky and learns that the mailing or shipment did not arrive shall within three (3)

business days report that nonreceipt to:

(a) The Department of Kentucky State Police; and

(b) If applicable, the United States Postal Inspection Service.

(3) (a) The reports required pursuant to subsections (1) and (2) of this section shall

contain at a minimum, if known and applicable:

1. The name, National Drug Code, and quantity of each controlled substance

involved;

2. A description of the circumstances of the loss;

3. The names and contact information of any witnesses; and

4. The name and description of any person suspected of committing the offense

or causing the loss.

(b) The Board of Pharmacy may by administrative regulation authorize a pharmacy

to submit a completed DEA 106 form or a successor form in lieu of the data

elements required by this subsection.

Effective: March 4, 2013

History: Amended 2013 Ky. Acts ch. 2, sec. 5, effective March 4, 2013. – Created 2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11,

effective July 20, 2012.

315.340 Permit for operation of in-state outsourcing facility doing business in Kentucky --

Requirements -- Administrative regulations.

(1) (a) A person shall not operate an outsourcing facility within this Commonwealth,

physically or by means of the Internet, facsimile, phone, mail, or any other means,

without first obtaining a permit from the board.

(b) An application for a permit to operate an outsourcing facility shall be made to

the board upon forms provided by the board and shall contain such information as

the board requires, which may include affirmative evidence of the ability to comply

with the requirements of this chapter and the administrative regulations

promulgated by the board.

by administrative regulation promulgated by the board, not to exceed five hundred

dollars ($500).

(2) (a) As a prerequisite to obtaining or renewing a permit from the board, the

outsourcing facility shall:

1. Register as an outsourcing facility with the United States Secretary of Health

and Human Services in accordance with 21 U.S.C. sec. 353b; and

2. Submit a copy of a current inspection report resulting from an inspection

conducted by the United States Food and Drug Administration that indicates

compliance with the requirements of state and federal law and regulations,

including all applicable guidance documents and Current Good Manufacturing

Practices published by the United States Food and Drug Administration.

(b) 1. The inspection report required pursuant to paragraph (a)2. of this subsection

shall be deemed current for the purposes of this section if the inspection was

conducted no more than:

a. One (1) year prior to the date of submission of an application for a permit

to the board; or

b. Two (2) years prior to the date of submission of an application for renewal

of a permit to the board.

2. If the outsourcing facility has not been inspected by the United States Food

and Drug Administration within the period required under subparagraph 1. of

this paragraph, the board may:

a. Accept an inspection report or other documentation from another entity

that is satisfactory to the board; or

b. Cause an inspection to be conducted by its duly authorized agent and

charge an inspection fee in an amount sufficient to cover the costs of the

inspection.

(3) (a) Upon receipt of an application for a permit to operate an outsourcing facility

accompanied by the permit fee prescribed by administrative regulation, the board

shall:

1. Issue a permit if the outsourcing facility meets the requirements of this

chapter and the administrative regulations promulgated by the board; or

2. Refuse to issue or renew any permit to operate if the outsourcing facility fails

to meet the requirements of this chapter and the administrative regulations

promulgated by the board.

(b) The board shall act upon an application for a permit to operate within thirty (30)

days after the receipt of the application. The board may issue a temporary permit to

operate in any instance where it considers additional time necessary for

investigation and consideration before taking final action upon the application. The

temporary permit shall be valid for a period of thirty (30) days, unless extended.

(4) A separate permit to operate shall be required for each outsourcing facility.

(5) (a) Each permit to operate an outsourcing facility, unless suspended or revoked, shall

expire on June 30 following its date of issuance and be renewable annually thereafter

upon proper application accompanied by the renewal fee as established by

administrative regulations promulgated by the board. The renewal fee shall not

exceed five hundred dollars ($500).

(b) An additional nonrefundable fee not to exceed the annual renewal fee may be

assessed and set by administrative regulation as a delinquent renewal penalty for

failure to renew by June 30 of each year.

(6) Permits to operate shall be issued only for the premises and persons named in the

application and shall not be transferable, except that a buyer may operate the outsourcing

facility under the permit of the seller pending a decision by the board on an application,

which shall be filed by the buyer with the board at least five (5) days prior to the date of

sale.

(7) The board may promulgate administrative regulations to ensure:

(a) That proper equipment and reference material is on hand considering the nature

of the pharmaceutical practice conducted at the particular outsourcing facility; and

(b) Health and sanitation standards for areas within outsourcing facilities that

adhere to Current Good Manufacturing Practices published by the United States

Food and Drug Administration.

(8) Each outsourcing facility shall comply with KRS 218A.202.

(9) Each outsourcing facility shall compound in compliance with the requirements of state

and federal law and regulations, including all applicable guidance documents and Current

Good Manufacturing Practices published by the United States Food and Drug

Administration.

(10) A pharmacist may temporarily operate an outsourcing facility in an area not designated

on the permit as authorized in KRS 315.500.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 2, effective June 29, 2017.

315.342 Permit for operation of out-of-state outsourcing facility doing business in Kentucky --

Requirements -- Administrative regulations.

(1) (a) Each out-of-state outsourcing facility that does business physically or by means of the

Internet, facsimile, phone, mail, or any other means, inside this Commonwealth, shall

hold a current outsourcing facility permit issued by the board.

(b) An application for a permit to operate an out-of-state outsourcing facility shall be

made to the board upon forms provided by it and shall contain such information as the

board requires, which may include affirmative evidence of ability to comply with

reasonable standards and regulations as may be prescribed by the board.

regulation promulgated by the board. The fee shall not exceed:

1. Two hundred fifty dollars ($250); or

2. The current in-state outsourcing facility permit.

(2) (a) As a prerequisite to obtaining or renewing a permit from the board, the out-of-state

outsourcing facility shall:

1. Register as an outsourcing facility with the United States Secretary of Health and

Human Services in accordance with 21 U.S.C. sec. 353b; and

2. Submit a copy of a current inspection report resulting from an inspection

conducted by the United States Food and Drug Administration that indicates

compliance with the requirements of

state and federal law and regulations, including all applicable guidance documents

and Current Good Manufacturing Practices published by the United States Food and

Drug Administration.

(b) 1. The inspection report required pursuant to paragraph (a)2. of this subsection shall

be deemed current for the purposes of this section if the inspection was conducted

no more than:

a. One (1) year prior to the date of submission of an application for a permit to the

board; or

b. Two (2) years prior to the date of submission of an application for renewal of a

permit to the board.

2. If the out-of-state outsourcing facility has not been inspected by the United States

Food and Drug Administration within the required period required under

subparagraph 1. of this paragraph, the board may:

a. Accept an inspection report or other documentation from another entity that is

satisfactory to the board; or

b. Cause an inspection to be conducted by its duly authorized agent and may

charge an inspection fee in an amount sufficient to cover the costs of the

inspection.

(3) (a) Upon receipt of an application for a permit to operate an out-of-state outsourcing

facility, accompanied by the permit fee required by subsection (1) of this section, the

board shall:

1. Issue a permit if the out-of-state outsourcing facility meets the requirements of

this chapter and the administrative regulations promulgated by the board; or

2. Refuse to renew any permit to operate unless the out-of-state outsourcing facility

meets the requirements of this chapter and the administrative regulations

promulgated by the board.

(b) The board shall act upon an application for a permit to operate within thirty (30)

days after the receipt thereof. The board may issue a temporary permit to operate in

any instance where it considers additional time necessary for investigation and

consideration before taking final action upon the application. The temporary permit

shall be valid for a period of thirty (30) days, unless extended.

(4) A separate permit to operate shall be required for each out-of-state outsourcing facility.

(5) Each out-of-state outsourcing facility granted an out-of-state outsourcing facility permit by

the board shall disclose to the board the location, names, and titles of all its principal corporate

officers and all its pharmacists who are dispensing prescription drugs to entities within the

Commonwealth. A report containing this information shall be made to the board on an annual

basis and within thirty (30) days after any change of office, corporate officer, or pharmacist.

(6) (a) An out-of-state outsourcing facility granted an out-of-state outsourcing facility

permit shall comply with all requests for information within three (3) business days of a

written request by the board or its agents.

(b) An out-of-state outsourcing facility shall maintain at all times a valid unexpired

permit, license, or registration to conduct the outsourcing facility in compliance with the

laws of the jurisdiction in which it is a resident.

facility shall submit a copy of the most recent inspection report resulting from an

inspection conducted by the regulatory or licensing agency of the jurisdiction in which it

is located. Thereafter, the

out-of-state outsourcing facility granted a permit shall submit to the board a copy of any

subsequent inspection report of the outsourcing facility conducted by the regulatory or

licensing body of the jurisdiction in which it is located.

(7) Each out-of-state outsourcing facility granted an out-of-state outsourcing facility permit by

the board shall maintain records of any controlled substances or dangerous drugs.

(8) Each out-of-state outsourcing facility shall, during its regular hours of operation, but not less

than five (5) days per week and for a minimum of forty (40) hours per week, provide a toll-free

telephone service directly to the pharmacist in charge of the out-of-state outsourcing facility for

the purpose of facilitating communication. A toll-free number shall be placed on a label affixed

to each container of drugs dispensed to an entity within the Commonwealth.

(9) An out-of-state outsourcing facility shall comply with KRS 218A.202.

(10) An out-of-state outsourcing facility doing business within the Commonwealth of

Kentucky shall use the address on file with the board as the return address on the labels of any

package shipped into or within the Commonwealth. The return address shall be placed on the

package in a clear and prominent manner.

(11) (a) A permit to operate an out-of-state outsourcing facility, unless suspended or

revoked, shall expire on June 30 following its date of issuance and be renewable

annually thereafter upon proper application accompanied by the nonrefundable

renewal fee established by subsection (1) of this section.

(b) An additional nonrefundable fee not to exceed the annual renewal fee may be

assessed and set by administrative regulation as a delinquent renewal penalty for failure

to renew by June 30 of each year.

(12) Permits to operate shall be issued only for the premises and persons named in the

application and shall not be transferable, except that a buyer may operate the out-of-state

outsourcing facility under the permit of the seller pending a decision by the board on an

application which shall be filed by the buyer with the board at least five (5) days prior to the

date of sale.

(13) The board may promulgate administrative regulations to ensure that proper equipment and

reference material is on hand considering the nature of the pharmaceutical practice conducted

at the particular out-of-state outsourcing facility.

(14) Each out-of-state outsourcing facility shall compound in compliance with the requirements

of state and federal law and regulations, to include all applicable guidance documents and

Current Good Manufacturing Practices published by the United States Food and Drug

Administration.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 3, effective June 29, 2017.

315.350 License required for medical gas wholesaler operating within state -- Fee --

Recordkeeping -- Penalty for noncompliance – Administrative regulations.

(1) A medical gas wholesaler, whether located within the Commonwealth or operating within

the Commonwealth from a location outside the Commonwealth, shall be licensed by the board.

Each license application shall be accompanied by a fee which shall:

(a) Be prescribed by administrative regulation promulgated by the board in an amount

not to exceed two hundred fifty dollars ($250); and

(b) Not be increased by more than twenty-five dollars ($25) per year.

(2) A medical gas wholesaler shall be required to maintain accurate records of all drugs handled.

Records shall be made available to agents of the board for inspection upon request.

(3) Failure to report to the board or willful submission of inaccurate information shall be

grounds for disciplinary action under KRS 315.121.

(4) The board shall promulgate administrative regulations to specify the criteria for licensure

and discipline of a medical gas wholesaler.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 10, effective June 29, 2017. Legislative Research Commission Note (6/29/2017). In

codification, the Reviser of Statutes has corrected a manifest clerical or typographical error by inserting the inadvertently omitted

words "accompanied by" in subsection (1) of this statute as created in 2017 Ky. Acts ch. 136, sec. 10 under the authority of KRS

7.136(1)(h).

315.400 Definitions for KRS 315.400 to 315.412.

As used in KRS 315.400 to 315.412:

(1) "Authorized distributor of record" means a wholesale distributor that:

(a) Has established an ongoing relationship with a manufacturer to distribute the

manufacturer's prescription drug. An ongoing relationship exists between a wholesale

distributor and a manufacturer if the wholesale distributor, including any affiliated

group of the wholesale distributor as defined in Section 1504 of the Internal Revenue

Code, has a written agreement for distribution in effect; and

(b) Is listed on the manufacturer's current list of authorized distributors of record;

(2) "Co-licensed product" means a prescription drug manufactured by two (2) or more co-

licensed partners;

(3) "Counterfeit prescription drug" means a drug which, or the container or labeling of which,

without authorization, bears the trademark, trade name, or other identifying mark, imprint, or

device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other

than the person or persons who in fact manufactured, processed, packed, or distributed the

drug and which thereby falsely purports or is represented to be the product of, or to have been

packed or distributed by, the other drug manufacturer, processor, packer, or distributor;

(4) "Dispenser" means:

(a) A retail pharmacy, hospital pharmacy, a group of chain pharmacies under common

ownership and control that do not act as a wholesale distributor, or any other person

authorized by law to dispense or administer prescription drugs, and the affiliated

warehouse distribution centers of such entities under common ownership and control

that do not act as a wholesale distributor; but

(b) Does not include a person who dispenses only products to be used in animals in

accordance with 21 U.S.C. sec. 360b(a)(4) and (5);

(5) "Distribution" or "distribute" means the sale, purchase, trade, delivery, handling, storage, or

receipt of a product, and does not include the dispensing of a product pursuant to a prescription

executed in accordance with Section 503(b)(1) of the federal Drug Quality and Security Act or

the dispensing of a product approved under Section 512(b) of the federal Drug Quality and

Security Act;

(6) "Drop shipment" means a product not physically handled or stored by a wholesale

distributor and that is exempt from Section 582 of the federal Drug Quality and Security Act,

except the notification requirements under clauses (ii), (iii), and (iv) of subsection (c)(4)(B) of

Section 582 of the federal Drug Quality and Security Act, provided that the manufacturer,

repackager, or other wholesale distributor that distributes the product to the dispenser by

means of a drop shipment for the wholesale distributor includes on the transaction information

and transaction history to the dispenser the contact information of the wholesale distributor

and provides the transaction information, transaction history, and transaction statement

directly to the dispenser. Providing administrative services, including the processing of orders

and payments, shall not by itself be construed as being involved in the handling, distribution, or

storage of a product;

(7) "Emergency medical reasons" includes but is not limited to:

(a) Transfers of a prescription drug between health-care entities or between a health-

care entity and a retail pharmacy to alleviate a temporary shortage of a prescription

drug arising from delays in or interruptions of the regular distribution schedules;

(b) Sales of drugs for use in the treatment of acutely ill or injured persons to nearby

emergency medical services providers, firefighting organizations, or licensed health-care

practitioners in the same marketing or service area;

agencies, or hospice organizations for emergency use when necessary drugs cannot be

obtained; or

(d) Transfers of prescription drugs by a retail pharmacy to another retail pharmacy to

alleviate a temporary shortage;

(8) "End user" means a patient or consumer that uses a prescription drug as prescribed by an

authorized health-care professional;

(9) "Exclusive distributor" means the wholesale distributor that directly purchased the product

from the manufacturer and is the sole distributor of that manufacturer's product to a

subsequent repackager, wholesale distributor, or dispenser;

(10) "FDA" means the United States Food and Drug Administration and any successor agency;

(11) "Illegitimate product" means a product for which credible evidence shows that the product:

(a) Is counterfeit, diverted, or stolen;

(b) Is intentionally adulterated so that the product would result in serious adverse

health consequences or death to humans;

(d) Appears otherwise unfit for distribution so that the product would be reasonably

likely to result in serious adverse health consequences or death to humans;

(12) "Manufacturer" means the same as defined in KRS 315.010;

(13) "Medical gas wholesaler" means a person licensed to distribute, transfer, wholesale,

deliver, or sell medical gases on drug orders to suppliers or other entities licensed to use,

administer, or distribute medical gas;

(14) "Pharmacy warehouse" means a physical location for prescription drugs that acts as a

central warehouse and performs intracompany sales or transfers of prescription drugs to a

group of pharmacies under common ownership and control;

(15) "Prescription drug" means the same as defined in KRS 315.010;

(16) "Repackager" means a person who owns or operates an establishment that repacks and

relabels a product or package for further sale, or distribution without a further transaction;

(17) "Reverse distributor" means every person who acts as an agent for pharmacies, drug

wholesalers, manufacturers, or other entities by receiving, taking inventory, and managing the

disposition of outdated or nonsalable drugs;

(18) "Third-party logistics provider" means an entity that contracts with a manufacturer,

wholesale distributor, repackager, or dispenser to provide and coordinate warehousing or other

logistics services on behalf of a manufacturer, wholesale distributor, repackager, or dispenser,

but does not take title to the drug or have responsibility to direct the sale of the drug. A third-

party logistics provider shall be considered as part of the normal distribution channel;

(19) "Transaction" means the transfer of product between persons in which a change of

ownership occurs, with the following exemptions:

(a) Intracompany distribution of any product between members of an affiliate or within

a manufacturer;

(b) The distribution of a product among hospitals or other health care entities that are

under common control;

health emergency declaration pursuant to Section 319 of the federal Public Health

Service Act, except that a drug shortage not caused by a public health emergency shall

not constitute an emergency medical reason;

(d) The dispensing of a product pursuant to a prescription executed in accordance with

Section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act;

(e) The distribution of product samples by a manufacturer or a licensed wholesale

distributor in accordance with Section 503(d) of the Federal Food, Drug, and Cosmetic

Act;

(f) The distribution of blood or blood components intended for transfusion;

(g) The distribution of minimal quantities of product by a licensed retail pharmacy to a

licensed practitioner for office use;

(h) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by

a charitable organization described in Section 501(c)(3) of the Internal Revenue Code of

1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by

law;

(i) The distribution of a product pursuant to the sale or merger of a pharmacy or

pharmacies or a wholesale distributor or wholesale distributors, except that any records

required to be maintained for the product shall be transferred to the new owner of the

pharmacy or pharmacies or wholesale distributor or wholesale distributors;

(j) The dispensing of a product approved under Section 512(c) of the Federal Food, Drug,

and Cosmetic Act;

(k) Products transferred to or from any facility that is licensed by the Nuclear Regulatory

Commission or by the state pursuant to an agreement with the commission under

Section 274 of the federal Atomic Energy Act, 42 U.S.C. sec. 2021;

(l) A combination product that is not subject to approval under Section 505 of the

federal Drug Quality and Security Act or licensure under Section 351 of the federal

Public Health Service Act, and that is:

1. A product composed of a device and one (1) or more other regulated components

such as a drug or drug device, a biologic or biologic device, or a drug and biologic or

drug and biologic device that are physically, chemically, or otherwise combined or

mixed and produced as a single entity;

2. Two (2) or more separate products packaged together in a single package or as a

unit and composed of a drug and device or device and biological product; or

3. Two (2) or more finished medical devices plus one (1) or more drug or biological

products that are packaged together in what is referred to as a medical convenience

kit as described in paragraph (m) of this subsection;

(m) The distribution of a medical convenience kit or collection of finished medical

devices which may include a product or biological product, assembled in kit form strictly

for the convenience of the purchaser or user, if:

1. The medical convenience kit is assembled in an establishment that is registered

with the federal Food and Drug Administration as a device manufacturer in

accordance with Section 510(b)(2) of the Federal Food, Drug, and Cosmetic Act;

2. The medical convenience kit does not contain a controlled substance that appears

in a schedule contained in the federal Comprehensive Drug Abuse Prevention and

Control Act of 1970;

3. In the case of a medical convenience kit that includes a product, the person that

manufacturers the kit:

a. Purchased the product directly from the pharmaceutical manufacturer or from

a wholesale distributor that purchased the product directly from the

pharmaceutical manufacturer; and

b. Does not alter the primary container or label of the product as purchased from

the manufacturer or wholesale distributor; and

4. In the case of a medical convenience kit that includes a product, the product is:

a. An intravenous solution intended for the replenishment of fluids and

electrolytes;

b. A product intended to maintain the equilibrium of water and minerals in the

body;

c. A product intended for irrigation or reconstitution;

d. An anesthetic;

e. An anticoagulant;

f. A vasopressor; or

g. A sympathomimetic;

(n) The distribution of an intravenous product that, by its formulation, is intended for

the replenishment of fluids and electrolytes such as sodium, chloride, and potassium, or

calories such as dextrose and amino acids;

(o) The distribution of an intravenous product used to maintain the equilibrium of water

and minerals in the body, such as dialysis solutions;

(p) The distribution of a product that is intended for irrigation, or sterile water, whether

intended for such purposes or for injection;

(q) The distribution of a medical gas as defined in Section 575 of the Federal Food, Drug,

and Cosmetic Act; or

(r) The distribution or sale of any licensed product under Section 351 of the federal

Public Health Service Act that meets the definition of a device under Section 201(h) of

the Federal Food, Drug, and Cosmetic Act;

(20) "Wholesale distribution" means the distribution of a prescription drug to persons other

than an end user, but does not include:

(a) Intracompany sales or transfers;

(b) The sale, purchase, distribution, trade, or transfer of a prescription drug for

emergency medical reasons;

distributor;

(d) Drug returns or transfers to the original manufacturer, original wholesale distributor,

or transfers to a reverse distributor or third-party returns processor;

(e) The sale, purchase, or trade of a drug pursuant to a prescription;

(f) The delivery of a prescription drug by a common carrier;

(g) The purchase or acquisition by a health-care entity or pharmacy that is a member of

a group purchasing organization of a drug for its own use from the group purchasing

organization, or health-care entities or pharmacies that are members of the group

organization;

(h) The sale, purchase, distribution, trade, or transfer of a drug by a charitable health-

care entity to a nonprofit affiliate of the organization as otherwise permitted by law;

(i) The sale, transfer, merger, or consolidation of all or part of the business of a

pharmacy with another pharmacy or pharmacies; or

(j) The distribution of a prescription drug to a health-care practitioner or to another

pharmacy if the total number of units transferred during a twelve

(12) month period does not exceed five percent (5%) of the total number of all units

dispensed by the pharmacy during the immediate twelve (12) month period; and

(21) "Wholesale distributor" or "virtual wholesale distributer" means a person other than a

manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or

repackager engaged in wholesale distribution as defined by 21 U.S.C. sec. 353(e)(4) as amended

by the federal Drug Supply Chain Security Act.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 157, sec 3, effective June 27, 2019 – Amended 2017 Ky. Acts ch. 136, sec. 4, effective June 29,

2017. -- Created 2008 Ky. Acts ch. 124, sec. 3, effective July 15, 2008

315.402 Licensure of wholesale distributors of prescription drugs -- Record retention --

Administrative regulations -- Confidentiality.

(1) A wholesale distributor shall be licensed by the board under this section prior to

engaging in the wholesale distribution of prescription drugs in the Commonwealth. Each

license application shall be accompanied by a reasonable fee prescribed by administrative

regulation not to exceed two hundred fifty dollars ($250) annually or increase more than

twenty-five dollars ($25) per year.

(2) A wholesale distributor shall be required to maintain accurate records of all drugs

handled in accordance with KRS 315.400 to 315.412, and records shall be made available to

agents of the board for inspection upon request.

(3) Licensing requirements that exceed the requirements of federal law shall not apply to a

manufacturer distributing its own FDA-approved drugs or co-licensed products, unless there

is reasonable cause to believe that the manufacturer presents a special risk of distributing

counterfeit prescription drugs in the Commonwealth.

(4) Failure to report to the board or willful submission of inaccurate information shall be

grounds for disciplinary action under the provisions of KRS 315.131.

(5) The board shall promulgate an administrative regulation pursuant to KRS Chapter 13A to

specify the criteria for licensure in conformity with the guidelines for state licensure of a

wholesale prescription drug distributor issued by the FDA.

(6) Pursuant to KRS 61.878, information provided by an applicant under this section and any

related administrative regulation shall not be disclosed to any person or entity other than

the board.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 4, effective July 15, 2008.

315.404 Returns or exchanges of prescription drugs.

(1) (a) A wholesale distributor may receive prescription drug returns or exchanges from

a pharmacy, pharmacy warehouse, or other person authorized to distribute a

prescription drug to an end user under the terms and conditions of an agreement

between the parties.

(b) Returns of expired, damaged, recalled, or otherwise nonsalable prescription

drugs shall be distributed by the receiving wholesale distributor only to the original

manufacturer, a third-party returns processor, or a reverse distributor licensed as a

wholesale distributor.

including any redistribution by a receiving wholesaler, shall not be subject to the

requirements of KRS 315.406 if they are exempt from the pedigree requirements of

the federal regulations for the federal Prescription Drug Marketing Act of 1987 as

amended by the Prescription Drug Amendments of 1992 and any amendments

thereto.

(2) A manufacturer or wholesale distributor shall supply prescription drugs only to a person

or entity licensed to possess or distribute prescription drugs to an end user.

(3) Prescription drugs supplied by a manufacturer or wholesale distributor shall be delivered

only to the business address of the licensee or the address listed on the license, to the

address of a health-care entity authorized by the licensee, or to an authorized person or

agent of the licensee at the premises of the manufacturer or wholesale distributor if the

identity and authority of the authorized agent is established.

(4) A licensed wholesale distributor, pharmacy, or other person authorized by law to furnish

prescription drugs to an end user shall be accountable for their returns process and shall

ensure that all aspects of their operations are secure and do not permit the entry of

adulterated or counterfeit prescription drugs.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 5, effective July 15, 2008.

315.406 Prescription drug pedigree for drugs leaving normal distribution channel --

Administrative regulations.

(1) (a) As of the date specified by an administrative regulation promulgated by the

board pursuant to KRS Chapter 13A, each person or entity engaged in the wholesale

distribution of prescription drugs that leave or that have ever left the normal

distribution channel shall, prior to the distribution of the prescription drug, provide

a pedigree to the person receiving the prescription drug.

(b) A retail pharmacy or a pharmacy warehouse shall comply with paragraph (a) of

this subsection only if it engages in wholesale distribution of prescription drugs.

(2) The board shall specify the requirements for the contents and maintenance of a

pedigree that are consistent with the federal requirements.

(3) The board shall promulgate an administrative regulation pursuant to KRS Chapter 13A to

implement the provisions of this section no later than one hundred eighty (180) days after

July 15, 2008.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 6, effective July 15, 2008.

315.408 Electronic track and trace system.

(1) The board shall not require the use of an electronic track and trace system to initiate,

provide, receive, or maintain a pedigree by a person or entity licensed to possess, distribute,

dispense, or administer prescription drugs for use by an end user until the FDA develops and

implements standards for identification, validation, authentication, and tracking and tracing

of prescription drugs pursuant to 21 U.S.C. sec. 355e. The electronic track and trace system

requirements by the board shall meet the FDA's standards for all prescription drugs covered

by the FDA standards.

(2) Upon implementation of FDA standards for an electronic track and trace system, the

requirements relating to a pedigree in KRS 315.406 shall be superseded by the FDA

standards and shall not apply to any prescription drugs specified in the FDA standards.

(3) Prior to promulgation of any administrative regulation under KRS Chapter 13A that

requires the use of an electronic track and trace system, the board shall consult with

manufacturers, wholesale distributors, and pharmacies regarding implementation of the

electronic track and trace system requirements and publish a report on its Web site about

implementation issues, including but not limited to universal availability, technical and

operational feasibility, and reliability for manufacturers, wholesale distributors, and

pharmacies.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 7, effective July 15, 2008.

315.410 Order to cease distribution of prescription drugs -- Hearing.

(1) The board shall issue an order to the appropriate person or entity, including but not

limited to wholesale distributors or retailers, to immediately cease distribution of

prescription drugs within the Commonwealth if there are reasonable grounds to believe:

(a) 1. The distribution of the prescription drug is in violation of KRS 315.406;

2. The prescription drug is accompanied by a falsified pedigree in violation of

KRS 315.406; or

3. The prescription drug is a counterfeit prescription drug; and

(b) Other procedures to intercede would result in an unreasonable delay.

(2) A person in receipt of an order to cease distribution shall be notified in writing of the

right to an administrative hearing to be conducted in accordance with KRS Chapter 13B no

later than ten (10) days, excluding weekends and holidays, after the date of the order. If,

after a hearing is conducted, the hearing officer determines that there are inadequate

grounds to support the order, the order shall be vacated.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 8, effective July 15, 2008.

315.4102 License required for each facility of a third-party logistics provider.

(1) Each facility of a third-party logistics provider located within Kentucky shall be licensed

by the board prior to shipping a prescription drug:

(a) Within the borders of Kentucky; or

(b) To a location outside the borders of Kentucky.

(2) Licenses issued under subsection (1) of this section shall be renewed annually upon:

(a) Completion of an application; and

(b) Payment of a renewal fee as established by administrative regulations

promulgated by the board.

(3) A third-party logistics provider located in another state seeking to ship a prescription

drug into Kentucky shall provide documentation upon request by the by the board or its

staff that the third-party logistics provider is licensed as a third-party logistics provider by:

(a) The state from which the third-party logistics provider ships, if that state licenses

third-party logistics providers; or

(b) The United States Food and Drug Administration.

(4) A third-party logistics provider license shall be valid only for the name, ownership, and

location listed on the license. Changes of name, ownership, or location shall require a new

third-party logistics provider license.

(5) Changes in information required for licensure shall be reported to the board, in writing,

within ten (10) days of the change.

(6) A third-party logistics provider shall not operate from a place of residence.

(7) A third-party logistics provider facility shall be located apart and separate from any retail

pharmacy licensed by the board.

(8) A third-party logistics provider shall publicly display all licenses and have the most recent

state and federal inspection reports readily available.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 5, effective June 29, 2017.

315.4104 Required license application information and fee for third-party logistics

provider.

(1) An applicant for licensure as a third-party logistics provider shall submit a satisfactorily

completed board-approved application along with the required fee. New applicants shall

provide, at minimum, the following:

(a) The applicant's full name, all trade or business names used, full business address,

and telephone number;

(b) Type of ownership, whether individual, partnership, limited liability company, or

corporation;

1. If a person, the name, address, Social Security number, and date of birth;

2. If other than a person, the name, address, Social Security number, and date of

birth of each partner, limited liability company member, or corporate officer and

corporate director, and the federal employer identification number;

3. If a corporation, the state of incorporation; and

4. If a publicly traded corporation, the information described in subparagraph 2

of this paragraph is not required for corporate officers and corporate directors;

and

(d) Upon the board's written request, a list of all manufacturers, wholesale

distributors, and dispensers for whom the third-party logistics provider provides

services.

(2) The board may use a board-approved outside agency, if permitted by federal law, to

inspect third-party logistics providers.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 6, effective June 29, 2017.

315.4106 Eligibility factors for initial licensure and renewal for third-party logistics

provider.

(1) The board shall consider, at a minimum, the following factors in determining the

eligibility for initial licensure and renewal of third-party logistics providers:

(a) A finding by a law enforcement agency or regulatory agency that the applicant or

any owners of an applicant has violated federal, state, or local laws;

(b) Suspension, revocation, or any other sanction against a license currently or

previously held by the applicant or any of its owners for a violation of federal or

state law;

nolo contendere to violating federal, state, or local laws;

(d) The furnishing by the applicant of false or fraudulent material in any application;

(e) Failure to maintain or make available to the board or to federal, state, or local

law enforcement officials the records required to be maintained by third-party

logistics providers; and

(f) Any other factors or qualifications that the board considers relevant to and

consistent with the public health and safety. Any factors inconsistent with federal

standards shall not be applied.

(2) A licensee who has no record of providing third-party logistics services involving

prescription drugs during a routine inspection may have its subsequent renewal application

referred to the board for review and possible discipline, and the board may require the

licensee to appear before the board at the review.

(3) A third-party logistics provider shall have and follow a diversion detection and loss

prevention plan that includes all prescription drugs, which shall be immediately available to

the board or its agents upon request.

(4) The board shall have the right to deny licensure if it determines that granting the license

would not be consistent with public health and safety.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 7, effective June 29, 2017.

315.4108 List of owners and designated representatives of third-party logistics provider

subject to board inspection -- Persons disqualified from being owner or designated

representative.

(1) Third-party logistics providers shall establish and maintain for board inspection a list of

each partner, limited liability company member, and corporate officer and director,

including a description of the duties and the qualifications of each.

(2) A third-party logistics provider shall not have as an owner or designated representative

anyone convicted of a felony for conduct relating to:

(a) Providing third-party logistics services involving prescription drugs;

(b) A violation of 21 U.S.C. sec. 331(i) or (k); or

(3) A third-party logistics provider shall not have, as an owner or designated representative,

anyone who has violated federal or state requirements for third-party logistics provider

licensure and presented a threat of serious adverse health consequences or death to

humans.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 8, effective June 29, 2017.

315.4110 Third-party logistics provider must comply with all laws and regulations --

Inspection access required -- Penalty for noncompliance.

(1) A third-party logistics provider shall operate in compliance with all applicable federal,

state, and local laws and regulations, including but not limited to:

(a) The Drug Supply Chain Security Act of 2013 and rules promulgated thereunder;

and

(b) The storage practices set out in 21 U.S.C. sec. 360eee-3(d)(2)(C).

(2) A third-party logistics provider shall allow the board and authorized federal, state, and

local law enforcement officials to enter and inspect its premises and delivery vehicles, to

audit its records and written operating procedures, and to confiscate prescription drugs and

records to the extent authorized by law, rule, or regulation.

(3) Failure to operate in compliance with all applicable federal, state, and local laws and

regulations shall constitute unprofessional conduct pursuant to KRS 315.121(1)(a).

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 9, effective June 29, 2017.

315.412 Penalties for violation of KRS 315.400 to 315.410.

(1) A person engaged in the wholesale distribution of prescription drugs who unknowingly

violates any provision of KRS 315.400 to 315.410 may be fined not more than five thousand

dollars ($5,000).

(2) A person engaged in the wholesale distribution of prescription drugs who acts with gross

negligence and violates any provision of KRS 315.400 to 315.410 may be fined not more

than fifteen thousand dollars ($15,000).

(3) A person engaged in the wholesale distribution of prescription drugs who knowingly

violates any provision of KRS 315.400 to 315.410 may be fined not more than one hundred

thousand dollars ($100,000).

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 124, sec. 9, effective July 15, 2008.

315.450 Definitions for KRS 315.450 to 315.460.

For the purposes of KRS 315.450 to 315.460:

(1) "Controlled substance" has the same meaning as in KRS 218A.010;

(2) "Dispense" has the same meaning as in KRS 217.015;

(3) "Health care provider" has the same meaning as in KRS 304.17A-005;

(4) "Health facility" has the same meaning as in KRS 216B.015;

(5) "Legend drug" has the same meaning as in KRS 217.015;

(6) "Pharmacist" has the same meaning as in KRS 315.010; and

(7) "Prescription drug" has the same meaning as in KRS 315.010.

Effective: June 29, 2017

History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 12, effective June 29, 2017 -- Created 2005 Ky. Acts ch.

136, sec. 1, effective June 20, 2005.

Formerly codified as KRS 194A.450.

315.452 Legend Drug Repository Program to be established -- Purpose -- Permitted donations -

- Voluntary participation -- Handling fee -- Distribution.

(1) The board shall establish and maintain a legend drug repository program to support the

donation of a legend drug or supplies needed to administer a legend drug for use by an

individual who meets the eligibility criteria specified by an administrative regulation

promulgated by the board. The repository program shall not accept any controlled substance.

(2) Donations may be made on the premises of a health facility or pharmacy that elects to

participate in the program and meets requirements specified by the board by an administrative

regulation promulgated by the board.

(3) The health facility may charge a handling fee to an individual who received a legend drug or

supplies under the program established under this section, except that the fee shall not exceed

the amount established by an administrative regulation promulgated by the board.

(4) A health facility or pharmacy that receives a donated legend drug under this section may

distribute the legend drug or supplies to another eligible health facility or pharmacy for use

under the program created under this section.

(5) Nothing in this section or KRS 315.454 shall require a health facility, pharmacy, pharmacist,

or practitioner to participate in the program established in this section.

Effective: June 29, 2017

History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 13, effective June 29, 2017 -- Created 2005 Ky. Acts ch.

136, sec. 2, effective June 20, 2005.

Legislative Research Commission Note (6/20/2015). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of

Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the

reorganization of the executive branch. Such a correction has been made in this section.

Formerly codified as KRS 194A.452.

315.454 Requirements for accepting and dispensing legend drug or administration supplies.

(1) A legend drug or supplies used to administer a legend drug may be accepted and dispensed

under the program established in KRS 315.452 only if the following requirements are met:

(a) The legend drug or supplies needed to administer the legend drug is in its original,

unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit

doses, the single-unit dose packaging is unopened;

(b) The legend drug is not classified as a controlled substance;

misbranded, as determined by a pharmacist employed by, or under contract with, the

health facility or pharmacy, who shall inspect the drug or supplies needed to administer

a legend drug before the drug or supplies are dispensed; and

(d) The legend drug or supplies needed to administer a legend drug are prescribed by a

physician, advanced practice registered nurse, or physician assistant and dispensed by a

pharmacist.

(2) No legend drug or supplies needed to administer a legend drug that are donated for use

under this section may be resold.

Effective: June 29, 2017

History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 14, effective June 29, 2017 -- Amended 2010 Ky. Acts ch.

85, sec. 32, effective July 15, 2010 -- Created 2005 Ky. Acts ch. 136, sec. 3, effective June 20, 2005.

Formerly codified as KRS 194A.454.

315.456 Immunity from civil liability -- Exceptions.

(1) Unless the manufacturer of a legend drug or supply needed to administer a legend drug

exercises bad faith or fails to exercise ordinary care, the manufacturer of a legend drug or supply

shall not be subject to criminal or civil liability for injury, death, or loss to a person or property

for matters related to the donation, acceptance, or dispensing of the drug or supply under the

legend drug repository created under KRS 315.452, including liability for failure to transfer or

communicate product or consumer information or the expiration date of the donated drug or

supply.

(2) Health facilities, pharmacies, and health care providers shall be immune from civil liability for

injury to or the death of an individual to whom a legend drug or supply is dispensed and shall

not be subject to disciplinary action for unprofessional conduct for their acts or omissions

related to donating, accepting, distributing, or dispensing a legend drug or supply under KRS

315.450 to 315.460, unless the act or omission involves reckless, wanton, or intentional

misconduct or the act or omission results from failure to exercise ordinary care.

Effective: June 29, 2017

History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 15, effective June 29, 2017 -- Created 2005 Ky. Acts ch.

136, sec. 4, effective June 20, 2005.

Formerly codified as KRS 194A.456

315.458 Required administrative regulations.

The board shall promulgate administrative regulations to establish:

(1) The requirements for health facilities and pharmacies to accept and dispense donated legend

drugs or supplies needed to administer legend drugs under KRS 315.452 and 315.454, including

all of the following:

(a) Eligibility criteria for health facilities;

(b) Standards and procedures for accepting, safely storing, and dispensing donated

legend drugs or supplies needed to administer legend drugs;

administer legend drugs to determine if these are in their original, unopened, sealed,

and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-

unit dose packaging is unopened; and

(d) Standards and procedures for inspecting donated legend drugs or supplies needed to

administer legend drugs to determine that these are not adulterated or misbranded;

(2) Eligibility criteria for individuals to receive donated legend drugs or supplies needed to

administer legend drugs dispensed under KRS 315.452 and 315.454;

(3) Standards for prioritizing the dispensation to individuals who are uninsured or indigent, or to

others if an uninsured or indigent individual is unavailable;

(4) A means by which an individual who is eligible to receive a donated legend drug or supplies

needed to administer a legend drug may indicate that eligibility;

(5) Necessary forms for administration of the legend drug repository program;

(6) The maximum handling fee that a health facility may charge for accepting, distributing, or

dispensing donated legend drugs or supplies needed to administer legend drugs;

(7) A list of legend drugs and supplies needed to administer legend drugs that the legend drug

repository program may accept for dispensing; and

(8) A list of legend drugs and supplies needed to administer legend drugs that the legend drug

repository program shall not accept for dispensing, including the reason why the legend drug or

supply is ineligible for donation.

Effective: June 29, 2017

History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 16, effective June 29, 2017 -- Created 2005 Ky. Acts ch.

136, sec. 5, effective June 20, 2005.

Legislative Research Commission (6/20/2015). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes

to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the

reorganization of the executive branch. Such a correction has been made in this section.

Formerly codified as KRS 194A.458.

315.460 Restriction on acceptance or distribution of certain drugs.

Drugs that shall only be dispensed to a patient registered with the drug's manufacturer in

accordance with federal Food and Drug Administration requirements shall not be accepted or

distributed under the provisions of the program.

Effective: June 29, 2017

History: Created 2017 Ky. Acts ch. 136, sec. 17, effective June 29, 2017.

315.500 Emergency authority for pharmacists during state of emergency -- Executive

order -- Time limit -- Actions authorized -- Extension.

(1) When the Governor declares a state of emergency pursuant to KRS 39A.100, the

Governor may issue an executive order for a period of up to thirty (30) days giving

pharmacists emergency authority. The executive order shall designate the geographical area

to which it applies. In the executive order, the Governor may vest pharmacists with the

authority to:

(a) Dispense up to a thirty (30) day emergency supply of medication;

(b) Administer immunizations to children pursuant to protocols established by the

Centers for Disease Control and Prevention, the National Institutes of Health, or the

National Advisory Committee on Immunization Practices or determined to be

appropriate by the commissioner of public health or his or her designee;

permit; and

(d) Dispense drugs as needed to prevent or treat the disease or ailment responsible

for the emergency pursuant to protocols established by the Centers for Disease

Control and Prevention or the National Institutes of Health or determined to be

appropriate by the commissioner of public health or his or her designee to respond

to the circumstances causing the emergency.

(2) The provisions of this section may be extended, in writing, by the Governor if necessary

to protect the lives or welfare of the citizens.

Effective: July 15, 2010

History: Created 2010 Ky. Acts ch. 22, sec. 1, effective July 15, 2010.

315.505 Administrative regulations to effectuate authority granted in KRS 315.500(1).

The Kentucky Board of Pharmacy may promulgate administrative regulations in accordance

with KRS Chapter 13A to allow pharmacists to effectuate the authority granted in KRS

315.500(1).

Effective: July 15, 2010

History: Created 2010 Ky. Acts ch. 22, sec. 2, effective July 15, 2010.

315.990 Penalties.

(1) Except for the provisions of KRS 315.320, any person violating any provision of KRS

Chapter 315 shall be fined for each offense not less than one hundred dollars ($100) nor

more than one thousand dollars ($1,000) or imprisoned in the county jail for not more than

six (6) months, or both. Each week that any provision of KRS 315.020, 315.030, or 315.035 is

violated shall also constitute a separate offense.

(2) Any person convicted of willfully resisting, preventing, impeding, obstructing,

threatening, or interfering with the officers, agents, or inspectors of the board in the

administration of the provisions of this chapter shall be guilty of a Class A misdemeanor.

(3) The board may levy an administrative fine not to exceed five thousand dollars ($5,000)

for each offense, for any violation of KRS 315.121. All such fines shall be deposited to the

credit of the licensing board to be used by the board in carrying out the provisions of this

chapter.

(4) The board may refuse to issue or renew a permit, or may suspend, temporarily suspend,

revoke, fine, or reasonably restrict any permit holder for any violation of KRS 315.0351. Any

administrative fine levied by the board shall not exceed five thousand dollars ($5,000) for

any violation of KRS 315.0351. All such fines shall be deposited to the credit of the licensing

board to be used by the Board of Pharmacy in carrying out the provisions of this chapter.

(5) For a violation of KRS 315.320, the Board of Pharmacy may, in addition to any other civil

or criminal penalty, levy an administrative fine not exceeding one hundred thousand dollars

($100,000). All such fines shall be deposited to the credit of the Board of Pharmacy in

carrying out the provisions of this chapter.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 150, sec. 21, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 257, sec. 24, effective July

15, 1996. -- Amended 1990 Ky. Acts ch. 155, sec. 2, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 191, sec. 20, effective July

15, 1982. -- Amended 1970 Ky. Acts ch. 221, sec. 18. -- Amended 1950 Ky. Acts ch. 16, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec.

1, effective October 1, 1942, from Ky. Stat. secs. 1376t-1, 2619, 2620, 2625, 2628.

This printing of a portion of the Kentucky Administrative

Regulations does not constitute an official version of these

administrative regulations and is provided for information

purposes only. For the official text of administrative regulations,

the user should consult an official edition of the Kentucky

Administrative Regulations and the Kentucky Administrative

further reproduction is not authorized.

TITLE 201 - GENERAL GOVERNMENT CABINET

Chapter 2 Board of Pharmacy

201 KAR 2:010 Schools approved by the board

201 KAR 2:015 Continuing education

201 KAR 2:020 Examination

201 KAR 2:030 License transfer

201 KAR 2:040 Registration of pharmacist interns

201 KAR 2:045 Technicians

201 KAR 2:050 Licenses and permits; fees

201 KAR 2:061 Procedures followed by the KY BOP in the investigation and hearing of

complaints

201 KAR 2:070 Prescription intermediary services restricted

201 KAR 2:074 Pharmacy services in hospitals or other organized health care facilities

201 KAR 2:076 Parenteral pharmaceutical compounding

201 KAR 2:080 Prescription substitution

201 KAR 2:090 Reference material and prescription equipment

201 KAR 2:095 Dispensing responsibilities

201 KAR 2:100 Security and control of drugs and prescriptions

201 KAR 2:105 Licensing and drug distribution requirements for wholesaler distributors

201 KAR 2:106 Pharmacy, manufacturer, or distributor closures

201 KAR 2:115 Controlled release tablets, capsules and injectables

201 KAR 2:116 Drug products with therapeutic problems

201 KAR 2:160 Licensees; inactive status

201 KAR 2:165 Transfer of prescription information

201 KAR 2:170 Computerized recordkeeping

201 KAR 2:175 Emergency/seventy-two (72) hour prescription refills

201 KAR 2:180 Pharmacies sanitation

201 KAR 2:185 Noncontrolled substance prescription drug refills

201 KAR 2:190 Return of prescription drugs prohibited

201 KAR 2:205 Pharmacist-in-charge

201 KAR 2:210 Patient records and patient counseling

201 KAR 2:215 Nuclear pharmacy services

201 KAR 2:220 Collaborative care agreements

201 KAR 2:225 Special pharmacy permit

201 KAR 2:230 Special limited pharmacy - central refill pharmacy

201 KAR 2:240 Special limited pharmacy - charitable pharmacy

201 KAR 2:250 Pharmacist Recovery Network Committee

201 KAR 2:260 Automated Pharmacy System in Residential Hospice Facilities

201 KAR 2:270 Expungement

201 KAR 2:280 Prescription dispensing for formulary compliance

201 KAR 2:300 Common database

201 KAR 2:310 Compounding for a practitioner's office or institutional administration

201 KAR 2:320 Permit requirements for manufacturers

201 KAR 2:330 Emergency pharmacy powers

201 KAR 2:340 Special pharmacy permit for clinical practice

201 KAR 2:350 Home Medical Equipment Service Providers

201 KAR 2:360 Naloxone dispensing

201 KAR 2:370 Pharmacy services in long-term care facility [LTCF]

201 KAR 2:010. Schools approved by the board.

RELATES TO: KRS 315.050

STATUTORY AUTHORITY: KRS 315.050, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.050(1) authorizes the board to

promulgate administrative regulations to regulate and control all matters set forth in KRS

Chapter 315 relating to pharmacists. KRS 315.050 (1) requires the board to approve the

schools or colleges of pharmacy whose curricula or course of studies are acceptable. This

administrative regulation establishes the educational standards for an applicant for licensure

as a pharmacist in Kentucky and identifies the acceptable and approved colleges or schools of

pharmacy from which an applicant shall graduate.

Section 1. An applicant for licensure as a pharmacist, shall have graduated and received a

degree in an accredited pharmacy degree program which has been approved by the Board of

Pharmacy. A program shall be considered approved if the program’s standards are

equivalent to the minimum standards for accreditation for a similar program established by:

(1) The Accreditation Council on Pharmaceutical Education, Accreditation Standards

and Key Elements for Professional Program in Pharmacy Leading to the Doctor of

Pharmacy Degree; or

(2) The Canadian Council for Accreditation of Pharmacy Programs, Accreditation

Standards for Canadian First Professional Degree in Pharmacy Programs.

Section 2. An applicant for licensure as a pharmacist who shall have graduated and received a

degree in a foreign pharmacy degree program, other than from a college or school accredited

by the Canadian Council for Accreditation of Pharmacy Programs shall be deemed to be a

graduate of a pharmacy degree program which has been approved by the Board of Pharmacy

if the applicant has obtained a Foreign Pharmacy Graduate Examination Committee

Certificate through the Foreign Pharmacy Graduate Examination Committee Certification

Program, which is administered by the National Association of Boards of Pharmacy

Foundation.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Accreditation Standards and Key Elements for the Professional Program in

Pharmacy Leading to the Doctor of Pharmacy Degree”, January 25

, 2015,

Accreditation Council on Pharmaceutical Education; and

(b) "Accreditation Standards for Canadian First Professional Degree in Pharmacy

Programs”, January 2018, Canadian Council for Accreditation of Pharmacy

Programs.

(2) This material may be inspected, copied, or obtained, subject to applicable

Frankfort, Kentucky 40601-8204, Monday through Friday 8 a.m. to 4:30 p.m.

(4 Ky.R. 218; eff. 1-4-78; 11 Ky.R. 1612; eff. 6-4-85; 12 Ky.R. 498; eff. 12-10-85; 16 Ky.R. 791; eff. 1-12-90; 18 Ky.R. 1911; eff. 2-19-92; 19

Ky.R. 443; eff. 10-8-92; 25 Ky.R. 2925; 26 Ky.R. 718; eff. 10-20-99; 45 Ky.R. 3447; 46 Ky.R. 410; eff. 8-19-2019.)

201 KAR 2:015. Continuing education.

RELATES TO: KRS 315.065, 315.120

STATUTORY AUTHORITY: KRS 315.065, 315.110(1), 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.065(2) and (3) require the Board of

Pharmacy to establish continuing education requirements for pharmacists. This

administrative regulation establishes requirements for the continuing pharmacy education

of registered pharmacists and requires all registered pharmacists holding a license issued by

the board to participate in continuing pharmacy education as a means of renewal of their

licenses.

Section 1. Definitions.

(1) "Continuing education unit" or "CEU" is defined by KRS 315.010(8).

(2) "Sponsor" means a person, school, association, company, corporation, or group

who wishes to develop a continuing education program.

Section 2. (1) Continuing education hours for credit shall be relevant to the practice of

pharmacy and free of commercial bias.

(2) Continuing education hours shall be approved if approved by:

(a) The Accreditation Council for Pharmacy Education (ACPE); or

(b) The board.

Section 3. (1) Continuing education sponsors shall submit an Application for Provider CE

Approval to the board:

(a) At least sixty (60) days prior to the presentation date, if pre-approval is

sought; or

(b) Between sixty (60) days prior and thirty (30) days after the presentation date,

if pre-approval is not sought.

(2) Program changes shall be submitted to and approved by the board, or the

approval of the program shall be void.

(3) Continuing education credit shall be given only once for each program per

participant.

(4) Sponsors shall retain a file of each participant’s program completion for three (3)

years.

(5) Board approval of each program shall expire three (3) years after the date of

approval.

Section 4. (1) Pharmacists requesting approval of individually obtained continuing pharmacy

education shall submit an Application for Pharmacist CE Approval to the board

within thirty (30) days of completion of the educational presentation.

(2) The board shall notify the requesting pharmacist whether the application request

has been approved or denied.

(3) Continuing education that has not been approved by ACPE or the board shall not

be used to meet continuing education requirements for renewal or issuance of a

license.

Section 5. (1) A pharmacist shall:

(a) Complete a minimum of one and five-tenths (1.5) CEU (fifteen (15) contact

hours) annually between January 1 and December 31; and

(b) Not transfer or apply excess hours or units for future years.

(2) A pharmacist may be granted a deferral on a year-to-year basis at the discretion

of the board for illness, incapacity, or other extenuating circumstances.

(3) A pharmacist first licensed by the board within twelve (12) months immediately

preceding the annual renewal date shall be exempt from the continuing pharmacy

education provisions for that year.

(4) Pharmacists shall:

(a) Keep valid records, receipts, and certifications of continuing pharmacy

education programs completed for three (3) years; and

(b) Submit that documentation to the board upon request.

(5) Submission of a fraudulent statement or certificate concerning continuing

pharmacy education shall subject the pharmacist to discipline as provided in KRS

315.121.

Section 6. All pharmacists shall keep the board informed of their correct addresses.

Section 7. CEU may be transferred from another state to Kentucky if the transfer state

recognizes Kentucky CEU.

Section 8. A licensee who failed to timely renew his or her license shall:

(1) Comply with the applicable provisions of KRS 315.120(2) or (3); and

(2) Complete fifteen (15) hours of continuing education for each year the applicant

failed to renew his or her license, up to a maximum of seventy-five (75) hours.

Section 9. Incorporation by Reference. (1) The following material is incorporated by

reference:

(a) "Application for Provider CE Approval", June 2018; and.

(b) "Application for Pharmacist CE Approval", June 2018.

(2) This material may be inspected, copied, or obtained, subject to applicable

Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(4 Ky.R. 218; eff. 1-4-1978; Am. 11 Ky.R. 1612; eff. 6-4-1985; 16 Ky.R. 791; eff. 1-12-1990; 28 Ky.R. 1906; 2192; eff. 3-28-2002; 37

Ky.R. 2041; 2376; eff. 5-6-2011; 41 Ky.R. 2609; 42 Ky.R. 272; eff. 9-4-2015; 45 Ky.R. 146, 650; eff. 9-19-2018.)

201 KAR 2:020. Examination.

RELATES TO: KRS 218A.205(3)(g), 315.050

STATUTORY AUTHORITY: KRS 218A.205(3)(g), 315.050(2), 315.191(1), (2), (4)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.050(2) and 315.191(1)(c) authorize the

board to promulgate administrative regulations to prescribe the time, place, method,

manner, scope, and subjects of examinations. KRS 218A.205(3)(g) requires the board to

establish requirements for background checks for licensees. This administrative regulation

establishes the examination and application requirements for obtaining a license to practice

pharmacy in Kentucky.

Section 1. The examination for licensure shall include:

(1) The North American Pharmacist Licensure Examination (NAPLEX); and

(2) The Multistate Pharmacy Jurisprudence Examination (MPJE).

Section 2. The passing score on the required examinations shall be:

(1) At least seventy-five (75) on the basis of the NAPLEX and the MPJE grades shall

not be used in computing the NAPLEX; and

(2) At least seventy-five (75) on the basis of the MPJE.

Section 3. If an applicant fails to obtain the necessary scores in any of the tests described in

Section 2 of this administrative regulation, the applicant may upon proper application

retake the tests upon the payment of the fee set forth in 201 KAR 2:050 plus any direct

costs for test materials and supplies. An applicant who has failed any test may retake that

test within one (1) year of the date the applicant first failed the test without having to

reapply.

Section 4. All results of examinations shall be preserved according to the Board of Pharmacy

Record Retention Schedule.

Section 5. Fees submitted with an application shall be nonrefundable.

Section 6. Prior to approval for examination, an applicant shall:

(1) Submit to a nation-wide criminal background investigation by means of

fingerprint check by the Department of Kentucky State Police or the Federal Bureau

of Investigation; and

(2) Submit to a query to the National Practitioner Data Bank of the United States

Department of Health and Human Services.

Section 7. License, Fee. An applicant shall submit:

(1) An Initial Application for Pharmacist Licensure pursuant to KRS 315.050; and

(2) As appropriate, the fee established by 201 KAR 2:050, Section 1(1).

Section 8. Incorporation by Reference.

(1) "Initial Application for Pharmacist Licensure", Form 1, 7/2012, is incorporated by

reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday 8:00

a.m. to 4:30p.m.

(1 Ky.R. 9; eff. 9-11-74; Am. 7 Ky.R. 403; eff. 12-3-80; 9 Ky.R. 11; eff. 8-11-82; 11 Ky.R. 1614; eff. 6-4-85; 16 Ky.R. 793; eff. 1-12-90; 19

Ky.R. 443; eff. 10-8-92; 26 Ky.R. 866; 1117; eff. 12-15-99; 32 Ky.R. 1462; 1879; eff. 5-5-2006; 39 Ky.R. 501; eff. 2-1-2013; 39 Ky.R.

2377; eff. 8-21-2013.)

201 KAR 2:030. License Transfer.

RELATES TO: KRS 315.191(1)(c), (d), 315.210

STATUTORY AUTHORITY: KRS 218A.205(7), 315.191(1)(a), (c), (d), 315.210

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.210 authorizes the board to establish

conditions for licensure by reciprocity. KRS 218A.205(7) requires the board to establish

requirements for background checks for licensees. This administrative regulation establishes

conditions, forms, and examination requirements for licensure by reciprocity.

Section 1. Definitions. (1) "Board" is defined by KRS 315.010(3).

(2) "License transfer" means a license to practice pharmacy in Kentucky issued by

the board to a pharmacist licensed in another jurisdiction.

(3) "NABP" means the National Association of Boards of Pharmacy.

Section 2. An applicant licensed in another jurisdiction shall be eligible for license transfer, if

the:

(1) Requirements for licensure of the jurisdiction that granted his or her license met

or exceeded Kentucky requirements for licensure when the license in the other

jurisdiction was granted;

(2) Applicant holds in good standing, an active license to practice pharmacy;

(3) Applicant has:

(a) Completed and certified the NABP Preliminary Application for Transfer of

Pharmacist License form; and

(b) Received an NABP Official Application for Transfer of Pharmacist License;

(4) Applicant is currently in good standing in the jurisdiction from which he or she

has applied;

(5) Applicant has successfully completed an examination in jurisprudence;

(6) Applicant has submitted to a nation-wide criminal background investigation by

means of fingerprint check by the Department of Kentucky State Police and the

Federal Bureau of Investigation; and

(7) Applicant has submitted to a query to the National Practitioner Data Bank of the

United States Department of Health and Human Services.

Section 3. Required Information. An applicant shall provide the information required by the

NABP Preliminary Application for Transfer of Pharmacist License form, including:

(1) Name, maiden, and other names used currently or previously;

(2) Address, telephone number;

(3) Date and place of birth, and current age;

(4) Social Security number;

(5) Citizenship;

(6) Gender;

(7) State of original license by examination, including:

(a) License number;

(b) Original date of issue;

(d) State for which license transfer is requested;

(8) Pharmacy education, including:

(a) Name and location of pharmacy school;

(b) Name of pharmacy degree;

(d) Other professional degrees, including the information specified by

paragraphs (a) to (c) of this subsection;

(9) Whether the applicant has earned certification by the Foreign Pharmacy

Graduate Examination Committee, and, if so, the examination equivalency number

assigned;

(10) Total hours of practical experience prior to licensure as a pharmacist, including

the State Board of Pharmacy with which the hours are filed;

(11) States, dates, and results of pharmacist licensure examinations;

(12) Pharmacist licenses obtained by:

(a) Score transfer; and

(b) Licensure transfer;

(13) Practice and employment, including nonpharmacist employment, from initial

licensure to the date of filing the application; and

(14) Record of charges, convictions, and fines imposed, or certification that the

applicant has not been convicted, fined, or disciplined, or had a license revoked.

Section 4. The board shall accept a license transfer from a jurisdiction that:

(1) Is an active member of the NABP; and

(2) Grants license transfer to a pharmacist pursuant to conditions and requirements

that are the equivalent of conditions and requirements established by the board.

Section 5. An applicant shall take and pass the Multistate Pharmacy Jurisprudence

Examination administered by the NABP.

Section 6. Fee. An applicant shall include the fee specified by 201 KAR 2:050, Section 1(2),

(20).

Section 7. (1) "NABP Preliminary Application for Transfer of Pharmacist License", 3/06, is

incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m.

to 4:30 p.m.

(Rx-3, 11; 1 Ky.R. 147; eff. 12-11-74; Am. 16 Ky.R. 794; 1943; eff. 3-8-90; 24 Ky.R. 1115; 1865; eff. 3-16-98; 25 Ky.R. 2185; 2832; eff.

6-16-99; 26 Ky.R. 1436; 1798; eff. 4-12-2000; 32 Ky.R. 1463; 1879; eff. 5-5-06; 39 Ky.R. 502; 1371; eff. 2-1-2013; 39 Ky.R. 2378; eff. 8-

21-2013; 41 Ky.R. 298; 738; eff. 10-15-2014.)

201 KAR 2:040. Registration of pharmacist interns.

RELATES TO: KRS 315.010(16), 315.020(3), (4), 315.050(4), (5), 315.191(1)(h)

STATUTORY AUTHORITY: KRS 315.050(4), (5), 315.191(1)(a), (h)

NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Board of Pharmacy is required by

KRS 315.050(4) to establish standards for pharmacy intern certification. KRS 315.191(1)(h)

authorizes the board to establish an internship program for training, qualifications, and

registration of applicants for registration of pharmacist interns. This administrative

regulation establishes the standards for training, qualifications, and registration of

pharmacist interns.

Section 1. Definitions. (1) "Academic experience program" means a course or series of

courses taken by a pharmacist intern at a school or college of pharmacy approved by

the board that involves actual practice of pharmacy experiences.

(2) "Preceptor" means the pharmacist who is responsible to the board for the

practice of pharmacy experiences of a pharmacist intern.

Section 2. An applicant for registration as a pharmacist intern shall:

(1) File an Application for Registration as a Pharmacist Intern, Form I, with the

board;

(2) Attach a recent head and shoulders passport photograph, that is not a proof

copy or plastic identification; and

(3) Submit proof of acceptance by a college or school of pharmacy approved by the

board.

Section 3. An applicant for examination for licensure as a pharmacist shall:

(1) Complete 1,500 hours of internship;

(2) Be awarded credit for internship for hours worked in a pharmacy or in related

research during the time the pharmacist intern is enrolled in an approved school or

college of pharmacy;

(3) Not be awarded credit for hours worked in a pharmacy or in related research

during the period the pharmacist intern is completing the academic experience

program;

(4) Be limited to internship credit:

(a) Of forty-eight (48) hours per week during non-academic sessions if the

pharmacist intern is in good standing with a college or school of pharmacy and

the board; and

(b) Of twenty (20) hours per week during academic sessions in a college or

school of pharmacy. The maximum credit allowed for this enrolled time shall be

500 hours;

(5) Be given credit for the following forms of internship:

(a) Completion of an academic experience program;

(b) Work performed in a pharmacy under the supervision of a preceptor;

under the supervision of a preceptor for a government body, college or

university, pharmacy business, or other entity if the pharmacist intern has

received prior approval by the board. The maximum credit allowed for this time

shall be 400 hours and the pharmacist intern shall also file an essay of at least

500 words describing the work or research experience and the relation of the

work or research to the practice of pharmacy, which shall be approved by the

board president; or

(d) An internship performed outside of Kentucky if the:

1. Requirements for internship in that state are at least equivalent to the

requirements established in this administrative regulation; and

2. Board of licensure in that state has certified that the preceptor, pharmacy,

government body, college or university, pharmaceutical business, or other

entity is in good standing; and

(6) Not be awarded credit for an internship completed prior to registration with the

board.

Section 4. A pharmacist intern shall: (1) Be issued a Registration Identification Card;

(2) Carry the Registration Identification Card when on duty;

(3) Show it upon request to a member of the board or its authorized agent; and

(4) Notify the board within thirty (30) days of any charge of:

(a) A felony;

(b) A violation of drug laws; or

Section 5. The registration of a pharmacist intern shall be revoked if the pharmacist intern is

not:

(1) Currently enrolled in a college or school of pharmacy approved by the board;

(2) A current applicant for licensure as a pharmacist in Kentucky; or

(3) Awaiting the results of an examination.

Section 6. The registration of a pharmacist intern shall not be revoked when the intern is

not currently enrolled in a college or school of pharmacy approved by the board if the board

finds that:

(1) The intern is on a semester break; or

(2) Personal or family health concerns or other reasons beyond the control of the

pharmacist intern necessitate a temporary absence from enrollment and the

absence is approved by the board.

Section 7. A person who is not registered as a pharmacist intern shall not:

(1) Hold himself or herself out as a pharmacist intern; or

(2) Perform the duties of a pharmacist intern.

Section 8. (1) A preceptor shall be a pharmacist who:

(a) Has a license in good standing;

(b) Has been licensed by the board for at least one (1) year; and

(2) A preceptor shall be actively engaged in the practice of pharmacy in the location

where the pharmacist intern performs his or her internship.

(3) The preceptor shall supervise only one (1) pharmacist intern at a time for the

purpose of the intern obtaining credit for the practice of pharmacy experience,

unless the pharmacist is supervising interns as a faculty member at a school or

college pharmacy approved by the board during an academic experience program.

Section 9. Credit for Non-Academic Experience Programs. (1) Within ten (10) days of

beginning an internship credit for non-academic experience program, a pharmacist

intern shall submit a Pharmacist Preceptor's Affidavit, Form II.

(2) On or before graduation from a college or school of pharmacy, a pharmacist

intern shall submit an Internship Report, Form III.

Section 10. Credit for Academic Experience Programs. (1) For a Doctor of Pharmacy degree,

credit shall be awarded for each hour of successful completion of an academic

experience program at a college or school of pharmacy approved by the board.

(2) An academic experience program shall be reported on an Academic Experience

Affidavit, Form IV, which shall be filed with the board upon completion of the

academic experience program or prior to certification for examination.

Section 11. Incorporation by Reference. (1) The following material is incorporated by

reference:

(a) "Application for Registration as a Pharmacist Intern", Form I, 11/2012;

(b) "Pharmacist Preceptor’s Affidavit", Form II, 11/2012

(d) "Academic Experience Affidavit", Form IV, 11/2012.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601 Monday through Friday, 8 a.m.

to 4:30 p.m.

(Rx-6; 1 Ky.R. 9; eff. 9-11-74; Am. 9 Ky.R. 247; eff. 9-8-82; 11 Ky.R. 1125; eff. 3-12-85; 16 Ky.R. 795; eff. 1-12-90; 25 Ky.R. 2187; 2832;

eff. 6-16-99; 26 Ky.R. 1023; 1404; eff. 1-12-2000; 34 Ky.R. 1095; 1703; eff. 2-1-2008; 39 Ky.R. 1051; 1372; eff. 2-1-2013; 41 Ky.R. 300;

739; eff. 10-15-2014.)

201 KAR 2:045. Technicians.

RELATES TO: KRS 315.010(12), (20), (26), 315.020(4)(b), 315.191(1)(a), (g), (l)

STATUTORY AUTHORITY: KRS 315.010(20), 315.020(4)(b), 315.191(1)(a), (g), (l)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations governing pharmacy technicians. KRS 315.020(4)(b)

authorizes the board to establish the scope of practice for pharmacy technicians. KRS

315.010(20) and 315.191(1)(l) authorize the board to promulgate administrative regulations

establishing when a pharmacy technician can practice under the general, rather than

immediate, supervision of a pharmacist. This administrative regulation establishes the

qualifications required for a pharmacy technician to practice under the general supervision

of a pharmacist, and establishes the scope of practice for a pharmacy technician.

Section 1. A person shall be recognized by the board as a certified pharmacy technician, if:

(1) (a) The person has successfully completed the Pharmacy Technician Certification

Exam (PTCE) administered by the Pharmacy Technician Certification Board

(PTCB) or the Examination for the Certification of Pharmacy Technicians (ExCPT)

by the National Healthcareer Association (NHA); and

(b) The certificate issued by the PTCB or NHA is current; or

(2) The person has successfully completed the Nuclear Pharmacy Technician Training

Program at the University of Tennessee.

Section 2. A certified pharmacy technician may perform the following functions under the

general supervision of a pharmacist:

(1) Certify for delivery unit dose mobile transport systems that have been refilled

by another technician;

(2) Within a nuclear pharmacy, receive diagnostic orders; and

(3) (a) Initiate or receive a telephonic communication from a practitioner or

practitioner's agent concerning refill authorization, after the certified

pharmacy technician clearly identifies himself or herself as a certified

pharmacy technician; and

(b) If a practitioner or practitioner's agent communicates information that

does not relate to the refill authorization:

1. A technician shall immediately inform the pharmacist; and

2. The pharmacist shall receive the communication.

Section 3. (1) A technician who has not been certified by PTCB or NHA may perform the

functions specified by Section 2 of this administrative regulation under the

immediate supervision of a pharmacist.

(2) A function performed by a certified pharmacy technician or pharmacy

technician shall be performed subject to the review of the pharmacist who

directed the technician to perform the function.

(3) A pharmacist who directs a certified pharmacy technician or pharmacy

technician to perform a function shall be responsible for the technician and the

performance of the function.

(23 Ky.R. 3124; Am. 3806; 4108; eff. 6-16-97; 26 Ky.R. 1687; 2238; eff. 6-12-2000; 35 Ky.R. 2484; 36 Ky.R. 321; eff. 8-12-2009; 43

Ky.R. 606, 952; eff. 12-14-2016.)

201 KAR 2:050. Licenses and permits; fees.

RELATES TO: KRS 218A.205(3)(g), 315.035(1), (2), (4), 315.0351(1), 315.036(1), 315.050(5),

315.060, 315.110, 315.120, 315.191, 315.402

STATUTORY AUTHORITY: KRS 218A.205(3)(g), 315.035(1), (2), (4), 315.036(1), 315.050(5),

315.060, 315.110(1), 315.120(4), 315.191(1)(i), 315.402(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(i) authorizes the board to assess

reasonable fees for services rendered to perform its duties and responsibilities. This

administrative regulation establishes reasonable fees for the board to perform all the

functions for which it is responsible.

Section 1. The following fees shall be paid in connection with pharmacist examinations and

licenses, pharmacy permits, intern certificates, and the issuance and renewal of licenses and

permits:

(1) Application for a licensee for pharmacist examination - $150;

(2) Application and initial license for a pharmacist license by license transfer - $250;

(3) Certifying the grades of a licentiate of Kentucky to the licensing agency of another

state - ten (10) dollars;

(4) Annual renewal of a pharmacist license - seventy (70) dollars;

(5) Delinquent renewal penalty for a pharmacist license - seventy (70) dollars;

(6) Annual renewal of an inactive pharmacist license - ten (10) dollars;

(7) Pharmacy intern certificate valid six (6) years - twenty-five (25) dollars;

(8) Duplicate of original pharmacist license wall certificate - seventy-five (75) dollars;

(9) Application for a permit to operate a pharmacy - $100;

(10) Renewal of a permit to operate a pharmacy - $100;

(11) Delinquent renewal penalty for a permit to operate a pharmacy - seventy-five

(75) dollars;

(12) Change of location or change of ownership of a pharmacy or manufacturer

permit - seventy-five (75) dollars;

(13) Application for a permit to operate as a manufacturer - $100;

(14) Renewal of a permit to operate as a manufacturer - $100;

(15) Delinquent renewal penalty for a permit to operate as a manufacturer - $100;

(16) Change of location or change of ownership of a wholesale distributor license -

seventy-five (75) dollars;

(17) Application for a license to operate as a wholesale distributor - $100;

(18) Renewal of a license to operate as a wholesale distributor - $100;

(19) Delinquent renewal penalty for a license to operate as a wholesale distributor -

$100; and

(20) Query to the National Practitioner Data Bank of the United States Department

of Health and Human Services – twenty-five (25) dollars.

(Rx-1; 1 Ky.R. 10; eff. 9-11-1974; Am. 4 Ky.R. 122; eff. 11-2-1977; 8 Ky.R. 254; eff. 10-7-1981; 9 Ky.R. 12; eff. 8-11-1982; 1027; eff. 4-

6-1983; 19 Ky.R. 444; eff. 11-9-1992; 25 Ky.R. 2188; 2834; eff. 6-16-1999; 32 Ky.R. 1465; 1890; eff. 5-5-2006; 35 Ky.R. 1833; eff. 6-5-

2009; 39 Ky.R. 504; eff. 2-1-2013; 43 Ky.R. 607, 953; eff. 12-14-2016.)

201 KAR 2:061. Procedures followed by the Kentucky Board of Pharmacy in the

investigation and hearing of complaints.

RELATES TO: KRS 218A.205, 315.131, 315.191(4)

STATUTORY AUTHORITY: KRS 218A.205(3)(e), (f), (5), 315.191(1), (4)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations relating to the practice of pharmacy, including a

process for complaints and hearings. KRS 218A.205(3)(e), (f), and (5) require the board to

promulgate administrative regulations relating to complaints, licensure standards, and

disciplinary actions. This administrative regulation establishes board procedure for

investigations, the administrative hearings process, and the penalties for violations.

Section 1. (1) A complaint against a licensee may:

(a) Be submitted orally or in writing; and

(b) Originate from a consumer, competitor, health professional, government or

provider agency, or other interested party.

(2) A complaint shall be accepted anonymously if the complaint is accompanied by

sufficient corroborating evidence as would allow the board to believe, based upon a

totality of the circumstances, that a reasonable probability exists that the complaint

is meritorious.

(3) A complaint shall not be required to be sworn to or notarized.

Section 2. (1) Except as provided by subsection (2) of this section, upon receipt of a

complaint, the board shall instruct its staff to:

(a) Conduct an investigation; and

(b) Report the conclusions and recommendations of the investigation to the:

1. Executive director; and

2. Board member assigned by the board to review conclusions and

recommendations relating to an investigation.

(2) If the complaint pertains to the improper, inappropriate, or illegal dispensing of

controlled substances, the board shall:

(a) File a report with the Attorney General’s office, the Office of Inspector

General’s office, and the Department of the Kentucky State Police within three

(3) business days;

(b) Commence an investigation within seven (7) days of the complaint; and

extension for a definite time period is requested in writing by a law enforcement

agency due to an ongoing criminal investigation.

Section 3. (1) A panel consisting of the assigned board member, the executive director, and

the pharmacy drug inspector shall review the conclusions and recommendation

relating to an investigation.

(2) The panel shall recommend one (1) of the following options to the board:

(a) A reprimand restricting the licensee, permit or certificate holder;

(b) The issuance of a formal complaint, order, and notice of hearing;

(d) Returning the case to the inspector for further investigation.

(3) Documentation of a board reprimand shall be maintained in the appropriate

board files.

Section 4. (1) With the approval of the board, the executive director shall notify the

licensee, permittee, or certificate holder, in writing, that he or she may request an

administrative conference before the executive director and the pharmacy drug

inspector to be held prior to the hearing.

(2) The licensee, permit or certificate holder shall be notified that he or she may

appear with counsel.

(3) An administrative conference shall be held to determine whether an agreement

may be reached to resolve the complaint that is acceptable to all parties.

(4) If an agreement is reached, it shall be submitted to the board for approval and

board order.

Section 5. (1) A settlement conference may be requested by the licensee, permit or

certificate holder, or the attorney for that person.

(2) If a settlement conference is requested, it shall be scheduled. The settlement

conference shall include the board's attorney, the licensee, permit or certificate

holder, and the attorney for that person.

(3) If the parties to a settlement conference agree on stipulations, proposed terms,

and conditions for an agreed order to resolve the complaint, they shall forward the

agreed order to the board for approval.

(4) If the proposed agreed order is approved by the board, the complaint shall be

considered resolved and a hearing shall not be held.

Section 6. Hearings. All hearings shall be conducted in accordance with the provisions of KRS

315.131(1).

Section 7. Posthearing Proceedings.

(1) The board shall deliberate on all cases in closed session.

(2) Board counsel shall not attend, or be involved in any manner with, the closed

session.

(3) The specific findings of the board shall be made in open session following the

board's deliberation.

Section 8. Penalties. (1) Pursuant to KRS 218A.205(3)(e)1., a licensee convicted of a felony

offense related to dispensing a controlled substance shall, at a minimum, be

permanently banned from dispensing any controlled substance.

(2) Pursuant to KRS 218A.205(3)(e)2., the board shall impose restrictions short of a

permanent ban from dispensing controlled substances on a licensee convicted of a

misdemeanor offense relating to the dispensing of a controlled substance.

(3) Pursuant to KRS 218A.205(3)(e)3., a licensee disciplined by the licensing board of

another state relating to the improper, inappropriate, or illegal dispensing of a

controlled substance shall, at a minimum, have the same disciplinary action imposed

in Kentucky as the disciplinary action imposed by the licensing board of the other

state.

(4) Pursuant to KRS 218A.205(3)(f), the board shall submit all disciplinary actions to

the National Practitioner Data Bank of the United States Department of Health and

Human Services either directly or through a reporting agent.

(18 Ky.R. 2449; Am. 2773; eff. 3-4-92; 39 Ky.R. 506; 1374; eff. 2-1-2013.)

201 KAR 2:070. Prescription intermediary services restricted.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.020(2), 315.121(1), 315.191(2),(8)

NECESSITY, FUNCTION, AND CONFORMITY: By the authority of KRS 315.191(2) the Board of

Pharmacy is responsible to control all matters relating to pharmacies and pharmacists with

respect to drugs sold by prescriptions only. This administrative regulation assures the public

that a registered pharmacist is present and that prescription drugs distribution is curtailed.

Section 1. No pharmacist shall fill and dispense prescriptions obtained from an establishment

or place which offers to the public, in any manner, its services as a "pickup station" or

"intermediary" for the purpose of having prescriptions filled or delivered unless such

establishment or place has a registered pharmacist in full charge of such services.

(Rx-7; 1 Ky.R. 10; eff. 9-11-74.)

201 KAR 2:074. Pharmacy services in hospitals or other organized health care facilities.

RELATES TO: KRS 315.010, 315.020, 315.030, 315.121

STATUTORY AUTHORITY: 315.002, 315.005, KRS 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1) authorizes the Kentucky Board

of Pharmacy to establish requirements to regulate and control pharmacies. KRS 315.002 and

315.005 require standards of practice in all settings where drugs are handled and requires

the board to ensure the safety of all drug products provided to the citizens of Kentucky. This

administrative regulation establishes requirements for pharmacy services in hospitals or

other organized health care facilities.

Section 1. Definitions. (1) "Automated pharmacy system" means a mechanical system that

performs operations or activities, other than compounding or administration, relative to the

storage, packaging, counting, labeling, and dispensing of medications, and which collects,

controls, and maintains all transaction information and shall be either:

(a) A decentralized automated pharmacy system that is located outside the

pharmacy department, but within the same institution, and under the

supervision of a pharmacist; or

(b) A centralized automated pharmacy system from which medications are

prepared for final distribution that require the approval of a pharmacist.

(2) "Institutional pharmacy" means:

(a) A pharmacy in an acute care hospital licensed pursuant to 902 KAR 20:016;

(b) A pharmacy serving an other organized health care facility; or

administered.

(3) "Investigational drug" means a drug that has not been approved for use in the

United States, but for which an investigational drug application has been approved

by the FDA.

(4) "Other organized health care facility" means a facility:

(a) With a primary purpose to provide medical care and treatment to inpatients;

and

(b) That is:

1. An intermediate care facility;

2. A skilled nursing facility;

3. A hospital other than an acute care hospital licensed pursuant to 902 KAR

20:016;

4. A licensed personal care home;

5. A licensed family care home;

6. A nursing home;

7. A nursing facility;

8. An intermediate care facility for mental retardation; or

9. An Alzheimer's nursing home.

(5) "Unit dose distribution" means a system in which drug therapy profiles are

maintained in the pharmacy and doses are scheduled, prepared, and delivered in a

ready-to-administer form to the patient care area as the doses are needed.

Section 2. Pharmacy Administration. (1) General.

(a) The pharmacy, organized as a separate department or service, shall be

directed by a pharmacist, who shall be thoroughly knowledgeable about

institutional pharmacy practice and management.

(b) The director of pharmacy services shall be responsible for departmental

management and the development and implementation of goals and objectives

to meet the needs of the institution and shall be responsible to the chief

executive officer of the institution or the chief executive officer’s designee.

shall establish an ongoing arrangement in writing with a pharmacist to provide

services required by this administrative regulation and KRS 315.020(1).

(d) If a hospital pharmacy is decentralized, each decentralized section or

separate organizational element shall be under the immediate supervision of a

pharmacist responsible to the director of pharmacy services.

(2) Pharmacy personnel.

(a) The institutional pharmacy shall maintain additional pharmacists in

cooperation with the institution's administration, either full time or part time, as

required to operate safely and effectively to meet the needs of the patients.

(b) If nonpharmacist personnel are employed, nonpharmacist personnel shall

perform all duties under the supervision of a pharmacist and shall not be

assigned and shall not perform duties that are to be performed only by a

pharmacist.

(3) Responsibilities.

(a)1. Lines of authority and areas of responsibility within the pharmacy shall be

clearly de-fined.

2. Written job descriptions for all categories of pharmacy personnel shall be

prepared and revised as necessary.

(b)1. There shall be policies and procedures to provide for selection of drugs as

well as a distribution system to serve the needs of the patient.

2. Provision for procurement of drugs in an emergency situation shall be

provided for.

(4) Supportive personnel.

(a) Sufficient supportive personnel (technical, clerical, and other) shall be

available in order to optimize the participation of pharmacists in activities

requiring professional judgment.

(b) The training and supervision of supportive personnel shall be the

responsibility of the pharmacist.

(5) Availability.

(a) The services of a pharmacist shall be available continuously. If around-the-

clock operation of the pharmacy is not feasible, the pharmacist shall be available

on an on-call basis, and an adequate night drug cabinet shall be established. The

pharmacy itself shall not be designated as the night drug cabinet.

(b) A hospital not having a full-time pharmacist, but in which drugs are

prepackaged or relabeled or transferred from one (1) container to another, shall

obtain a pharmacy permit and have at least a part-time pharmacist designated to

perform those functions or to provide personal supervision of those functions.

Section 3. Physical Facility. (1) The institutional pharmacy shall have adequate space,

equipment, and supplies sufficient to provide for safe and efficient drug storage,

preparation, and distribution, patient education and consultation, drug information

services, and proper management of the department.

(2) Legal requirements. The physical facility shall meet state and federal regulations

and shall be accessible by authorized pharmacy personnel only.

(3) (a) A currently licensed hospital shall be exempt from the provisions of

subsection (2) of this section if it:

1. Is authorized by the Department for Health and Human Services to

provide pharmacy services; and

2. Does not currently possess a pharmacy permit.

(b) A currently licensed hospital exempt from the provisions of subsection (2) of

this section shall permit access by authorized personnel only.

(4) Location. Locked storage or locked medication carts shall be provided for use in

each nursing unit or service area.

(5) Reference materials. The pharmacy shall have current pharmaceutical reference

materials in accordance with 201 KAR 2:090. References related to the following

subjects shall also be available:

(a) Drug identification;

(b) Toxicology;

(d) Parenteral drug compatibility; and

(e) Microbiology.

Section 4. Drug Distribution and Control. (1) General. The institutional pharmacy shall be

responsible for the procurement, distribution, and control of all drugs and

parenteral solutions used within the institution. Policies and procedures governing

these functions shall be developed by the pharmacist with input from other involved

hospital, infusion center, or other organized health care facility staff (for example,

nurses) and committees (for example, pharmacy and therapeutics committee and

patient care committee).

(2) Dispensing. The pharmacist shall dispense medications only on the order of a

licensed medical practitioner.

(3) Prescriber's order. The pharmacist shall review the medication order.

(4) Recordkeeping. The pharmacist shall maintain appropriate records of each

medication order. The records shall be retained for the time and in the manner

prescribed by state and federal law.

(5) Patient medication profile. A medication profile shall be maintained for all

inpatients and for those ambulatory patients routinely receiving care at the

institution. The pharmacist shall utilize this profile to properly review, schedule,

prepare, and distribute medications except in an emergency situation.

(6) Labeling and packaging.

(a) Each licensee shall comply with U.S.P. Standards established pursuant to

federal law and all state and federal laws and regulations regarding labeling and

packaging.

(b) Labeling and packaging of medications used for outpatients shall meet the

requirements of state and federal law.

(7) Dispensing. The pharmacist shall dispense medications by the unit dose

distribution sys-tem if feasible. If the unit dose distribution system is not utilized,

adequate safeguards shall be in place to protect patients.

(8) Stop orders. There shall be established written stop order policies or other

methods of assuring that drug orders are not continued inappropriately in

accordance with the status of the patient.

(9) Administration.

(a) Drugs shall be administered only upon order of a licensed medical

practitioner.

(b) The institutional pharmacy shall participate in the establishment of policies

and procedures regarding the administration of medications. Specific

procedures shall be developed in cooperation with appropriate hospital,

infusion center, or other health care facility personnel and shall include

personnel authorized to schedule, prepare, and administer medications.

(10)(a) Unused medication. The institutional pharmacy shall establish policies and

procedures for the disposition of patients' unused medications.

(b) Medication in unit dose form may be reissued if package integrity has been

maintained and the product has not expired.

(11) Hospital floor stocks.

(a) Floor stocks of drugs shall be kept as small as possible. The pharmacist in

charge shall be responsible for authenticating the need for floor stock.

(b) A pharmacist shall review all orders distributed through floor stock.

hospital requiring floor stock (for example, emergency room, surgery, critical

care, or medical or surgical wards).

(d) All drug storage areas within the hospital shall be routinely inspected by

pharmacy personnel at least monthly, and documentation shall be maintained

to ensure that:

1. Unusable items shall not be present; and

2. All stock items shall be properly labeled and stored.

(e) This subsection shall not apply to other organized health care facilities.

(f) This subsection shall apply to infusion centers where medications are

administered with an onsite pharmacy.

(12) Drug recall. There shall be a system for removing from use a drug that has been

recalled.

(13) Sample medications. The institutional pharmacy shall establish policies and

procedures regarding medical representatives and the obtaining, storage, and

dispensing of complimentary packages of medications.

(14) Emergency drugs.

(a) The institutional pharmacy shall establish policies and procedures for

supplying emergency drugs.

(b) For expediency and efficiency, emergency drugs shall be limited in number to

include only those whose prompt use and immediate availability are generally

regarded by physicians as essential in the proper treatment of sudden and

unforeseen patient emergencies.

monthly basis and documentation maintained to determine if contents have

become outdated and if the stocks are being maintained at adequate levels.

(15) Investigational drugs.

(a) Policies and procedures controlling the use of investigational drugs (if used in

the institution) shall be developed and followed.

(b) The pharmacy shall be responsible for storing, packaging, labeling,

distributing, maintaining inventory records (including lot numbers and expiration

date), and providing information about investigational drugs (including proper

disposal).

(16) Controlled substances. All permit holders shall comply with state and federal

laws regarding controlled substances.

Section 5. Assuring Rational Drug Therapy. (1) Appropriate clinical information about

patients shall be available and accessible to the pharmacist for use in daily practice

activities.

(2) The pharmacist shall be a member of the pharmacy and therapeutics committee

and any other committees where input concerning the use of drugs is required.

(3) The pharmacist shall provide a means to ensure that patients receive adequate

information about the drugs they receive. Patient education activities shall be in

coordination with the nursing and medical staffs and patient education department,

if any.

Section 6. Responsibility. The pharmacist-in-charge of a pharmacy utilizing an automated

pharmacy system shall be responsible for:

(1) An initial validation of system accuracy prior to use for distribution to patients;

(2) Ensuring the system:

(a) Is properly maintained;

(b) Is in good working order;

prescribed; and

(d) Complies with the recordkeeping, access, and security safeguards pursuant

to all applicable state and federal laws;

(3) Assuring medications are reviewed prior to loading into an automated pharmacy

system and distribution;

(4) Implementing an ongoing quality assurance program that monitors performance

of the pharmacy compounding robotics, which is evidenced by written policies and

procedures and requires a continued documented validation of doses distributed on

a routine basis and annual review of the quality assurance program;

(5) Establishing policies and procedures if there is a system failure of an automated

pharmacy system;

(6) Providing the board with prior written notice of installation or removal of an

automated pharmacy system. This notification shall include the:

(a) Name and address of the pharmacy; and

(b) Initial location of the automated pharmacy system;

(7) Oversight for assigning, discontinuing, or changing personnel access to the

system, including establishment of written policies and procedures for security and

control;

(8) Reviewing personnel access on at least an annual basis;

(9) Assuring that the decentralized automated pharmacy system stock is checked at

least monthly in accordance with established policies and procedures, including

checking for:

(a) Accuracy;

(b) Integrity of packaging; and

(10) Maintaining in the pharmacy the following documentation relating to an

automated pharmacy system:

(a) The name and address of the pharmacy or inpatient health care facility

where the system is being used;

(b) The automated pharmacy system manufacturer’s name, model, serial

number, and software version;

(d) Written quality assurance procedures and accompanying documentation of

use to determine continued appropriate use of the system as established in

subsections (7) and (8) of this section; and

(e) Written policies and procedures for system operation, safety, security,

accuracy, emergency medication access, access, and malfunction which includes

clearly defined down time and procedures; and

(11) Maintaining adequate security systems and procedures, evidenced by written

policies and procedures to:

(a) Prevent unauthorized access;

(b) Maintain patient confidentiality;

(d) Comply with federal and state laws.

Section 7. Standards. (1)(a) All events involving the contents of the automated pharmacy

system shall be recorded electronically.

(b) Records shall be maintained by the pharmacy and be available to the board

and shall include the following:

1. The date, time, and location of the system accessed;

2. Identification of the individual accessing the system;

3. Type of transaction;

4. Name, strength, dosage form, and quantity of drug accessed; and

5. Name of the patient for whom the drug was ordered, if applicable.

(2) All medications to be stocked into the centralized automated pharmacy system

shall have been previously validated for bar code accuracy by a pharmacist,

pharmacist intern, or certified pharmacy technician. Integrity and accuracy shall be

validated by a pharmacist.

(3) The stocking of medications in a decentralized automated pharmacy system

utilizing bar code technology shall be done by a pharmacist, pharmacist intern, or a

certified pharmacy technician.

(4) The stocking of medications in a decentralized automated pharmacy system

without bar code technology shall be done by a pharmacist, pharmacist intern, or a

certified pharmacy technician. Integrity and accuracy shall be validated by a

pharmacist.

(5) If a hospital licensed pursuant to 902 KAR 20:016 utilizes technology that

validates appropriate drug, dose, dosage form, route of administration, time of

administration, and patient at the exact time of medication administration, the

stocking of the decentralized automated pharmacy system shall be done by a

pharmacist, pharmacist intern, or certified pharmacy technician.

(6) A record of medications stocked in an automated pharmacy system shall be

maintained for at least five (5) years and shall include:

(a) The name of the person repacking the medications; and

(b) Documentation of the pharmacist checking the medications.

(7) All containers of medications stored in the automated pharmacy system shall be

packaged and labeled in accordance with federal and state laws.

(8) The automated pharmacy system shall provide a mechanism for securing and

accounting for medications removed from and subsequently returned to the

automated pharmacy system, in accordance with federal and state laws.

(9) All medications initially received in the pharmacy for use in an automated

pharmacy system shall be quarantined until validation of bar code accuracy and

existence of the item in the database powering automated pharmacy system by a

certified pharmacy technician, pharma-cist intern, or pharmacist.

(10) If a medication needs to be repackaged:

(a) A pharmacist, pharmacist intern, or certified pharmacy technician shall:

1. Perform the repackaging and validate the presence of an accurate bar

code on the unit dose packaging; and

2. Document the repackaging process including:

a. Manufacturer;

b. Date and time of repackaging;

c. The person repackaging;

d. The lot number or batch number;

e. The expiration date; and

f. The quantity repackaged; and

(b) A pharmacist shall:

1. Validate for accuracy and integrity prior to the addition to the automated

pharmacy system; and

2. Document the validation including:

a. The date and time of the validation;

b. The name of the pharmacist validating;

c. The lot number or batch number;

d. The expiration date; and

e. The quantity validated.

(11) A medication returned to the pharmacy from a patient care area shall follow

the processes established pursuant to Section 4(10) of this administrative

regulation.

(12) A medication distributed by the centralized automated pharmacy system shall

be distributed in the delivery device utilized by that system.

(13) A medication distributed by an automated pharmacy system shall be accessed

and administered by a professional licensed to administer medications.

(16 Ky.R. 1713; Am. 2150; 17 Ky.R. 2175; eff. 12-13-1990; 30 Ky.R. 75; 577; eff. 8-20-2003; 39 Ky.R. 1753; 2175; 2312; eff. 6-19-2013;

44 Ky.R. 15, 447; eff. 7-17-2017.)

201 KAR 2:076. Compounding.

RELATES TO: KRS 217.055(2), 217.065(7), 315.020(1), 315.035(6), 315.0351,

315.191(1)(a), (g)

STATUTORY AUTHORITY: KRS 315.020(1), 315.035(6), 315.0351, 315.191(1)(a), (g)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.020(1) requires the owner of a

pharmacy who is not a pharmacist to place a pharmacist in charge of the owner's pharmacy.

KRS 315.035(6) authorizes the board to promulgate administrative regulations to assure

mini-mum standards of practice of compounding by pharmacies and pharmacists, and to

assure the safety of all products provided to the citizens of the Commonwealth. KRS

315.191(1) authorizes the board to promulgate administrative regulations necessary to

regulate and control all matters relating to pharmacists, pharmacist interns, pharmacy

technicians, pharmacies, wholesale distributors, and manufacturers. This administrative

regulation establishes the requirements for compounding non-sterile and sterile

preparations.

Section 1. (1) A policy and procedure manual for non-sterile and sterile compounding shall

be readily available at a pharmacy for inspection purposes.

(2) A copy of the manual shall be made available to the board upon request.

(3) The manual shall be reviewed and revised on an annual basis.

Section 2. (1) Effective January 1, 2018, all non-sterile compounded preparations shall be

compounded pursuant to United States Pharmacopeia (USP) 795, unless specified

portions submitted by a pharmacist have been waived by the Board.

(2) Effective January 1, 2018, all sterile compounded preparations shall be

compounded pursuant to USP 797, unless specified portions submitted by a

pharmacist have been waived by the Board.

(3) After January 1, 2018, all written waiver requests submitted by a pharmacist

shall be considered by the Board at its next regularly scheduled meeting.

(4) The board, upon a showing of good cause and in balancing the best interest of

the public health, safety and welfare, may waive the requirement of any specified

portion of USP 795 or 797.

Section 3. (1) A facility that compounds non-sterile or sterile preparations shall be managed

by a pharmacist-in-charge (PIC) licensed to practice pharmacy in the Commonwealth

and who is knowledgeable in the specialized functions of preparing and dispensing

compounded nonsterile and sterile preparations, including the principles of aseptic

technique and quality assurance.

(2) The PIC shall be responsible for the: purchasing, storage, compounding,

repackaging, dispensing, distribution of all drugs and preparations, development

and continuing review of all policies and procedures, training manuals, quality

assurance programs, and participation in those aspects of the facility's patient care

evaluation program relating to pharmaceutical material utilization and effectiveness.

(3) The PIC may be assisted by additional pharmacy personnel adequately trained, to

the satisfaction of the PIC, in this area of practice and for each product they will be

compounding.

Section 4. (1) The pharmacist shall receive a written, electronic, facsimile, or verbal

prescription, or medical order from a prescriber before dispensing any

compounded, nonsterile or sterile preparation. These prescriptions or medical

orders shall contain the following:

(a) Patient's name, and species if not human;

(b) Patient's address on controlled substances prescriptions or location (room

number);

(d) Directions for use;

(e) Date;

(f) Authorized prescriber's name;

(g) Prescriber's address and DEA number, if applicable;

(h) Refill or end date instructions, if applicable; and

(i) Dispensing quantity, if applicable.

(2) A pharmacy generated patient profile shall be maintained separate from the

prescription file. The patient profile shall be maintained under the control of the PIC

for a period of two (2) years following the last dispensing activity. In addition, a

medication administration record (MAR) as part of the institutional record shall be

retained for a period of five (5) years from date of the patient's discharge from the

facility, or in the case of a minor, three (3) years after the patient reaches the age of

majority under state law, whichever is the longer. Supplemental records may also be

employed as necessary. The patient profile shall contain:

(a) Patient's name;

(b) Name of compounded preparation dispensed;

(d) Drug content and quantity; and

(e) Patient's directions.

(3) Each compounded preparation dispensed to patients shall be labeled with the

following information:

(a) Name, address, and telephone number of the licensed pharmacy, if product

will leave the premises;

(b) Date;

(d) Patient's full name;

(e) Name of each drug, strength, and amount;

(f) Directions for use, including infusion rate;

(g) Required controlled substances transfer warnings, where applicable;

(h) Beyond use date;

(i) Identity of dispensing pharmacist;

(j) Storage requirements, when applicable; and

(k) Auxiliary labels, when applicable.

(4) The PIC shall maintain access to and submit, as appropriate, such records and

reports as are required to ensure the patient's health, safety, and welfare. Records

shall be readily available, maintained for two (2) years at a facility not computerized,

but for five (5) years at a facility utilizing computerized recordkeeping, and subject

to inspection by the Board of Pharmacy or its agents. These shall include the

following:

(a) Patient profile;

(b) Purchase records;

(d) Policy and procedures manual;

(e) Policies and procedures for hazardous wastes, if applicable;

(f) Quality assurance records; and

(g) Such other records and reports as may be required by law and rules and

administrative regulations of the Kentucky Board of Pharmacy.

(5) Information regarding individual patients shall be maintained in a manner to

assure confidentiality of the patient's records. Release of this information shall be in

accordance with federal and state laws.

(6) The PIC shall be responsible for the environmental control of all products

shipped. Any compounded product that is frozen or requires refrigeration shall be

shipped or delivered to a patient in appropriate temperature controlled delivery

containers, if the product leaves the premises.

(7) The PIC shall be responsible for assuring that there is a system for the disposal of

hazardous waste in a manner that does not endanger the public health.

Section 5. Hazardous Drugs. (1) Effective January 1, 2018, all non-sterile preparations that

contain hazardous substances shall be compounded pursuant to USP 795.

(2) Effective January 1, 2018, all sterile compounded preparations that contain

hazardous substances shall be compounded pursuant to USP 797.

Section 7. Incorporation by Reference. (1) The following material is incorporated by

reference:

(a) USP 795, Revision Bulletin, Official January 1, 2014; and

(b) USP 797, Revision Bulletin, Official June 1, 2008.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m.

through 4:30 p.m.

(16 Ky.R. 1716; Am. 2152; 2652; eff. 6-10-1990; 43 Ky.R. 2184; 44 Ky.R. 510; eff. 9-20-2017.)

201 KAR 2:080. Prescription substitution.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.191(2)

NECESSITY, FUNCTION, AND CONFORMITY: Although KRS 217.819 permits the exercise of

product selection when there is no prohibition for such selection listed in the nonequivalent

drug product formulary, this administrative regulation protects the public and practitioners in

assuming that the medications and drugs dispensed are acceptable.

Section 1. Except as provided in KRS 217.822, whenever any registered pharmacist is

requested to sell, furnish, or compound any drug, medicine, chemical or pharmaceutical

preparation by means of a prescription and substitutes or causes to be substituted therefore,

any other drug, medicine, chemical, or pharmaceutical preparation without specific or express

permission, approval, or consent of the prescriber, the board may find such person guilty of

engaging in dishonorable, unethical, or unprofessional conduct of a character likely to

deceive, defraud, or harm the public, and may revoke or suspend his license as prescribed by

law.

Section 2. If approval or consent is obtained from the prescriber, the brand name or the name

of the manufacturer of the drug, medicine, chemical or pharmaceutical preparation dispensed

must be stated on the prescription by the pharmacist.

(Rx-8; 1 Ky.R. 147; eff. 12-11-74; Am. 16 Ky.R. 796; eff. 1-12-90.)

201 KAR 2:090. Reference material and prescription equipment.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.035(6), 315.19(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.035(6) authorizes the Board of

Pharmacy to promulgate administrative regulations regarding reference material and

equipment suitable for pharmaceutical practice. This administrative regulation establishes

the minimum reference material and equipment required for pharmaceutical practice.

Section 1.

(1) The pharmacy shall have appropriate reference material and equipment as

dictated by experience to meet the needs of the particular pharmacy, and necessary

to practice pharmacy in a safe manner.

(a) Appropriate reference material includes references such as those from the

following categories:

(1) Category I - Pharmacology;

(2) Category II - Drug Interactions;

(3) Category III - Drug Product Composition; and

(4) Category IV - State and Federal Laws and Regulations.

(b) Appropriate equipment as determined by the pharmacist in charge includes

items such as the following:

(1) A prescription balance with a sensitivity not less than that of a Class 3 balance;

(2) Weights - metric or apothecary - complete set;

(3) Graduates capable of accurately measuring from 1 ml to 250 ml;

(4) Mortars and pestles - glass, porcelain, or wedgewood;

(5) Spatulas - steel and nonmetallic;

(6) Filtration funnel with filter papers;

(7) A heating unit;

(8) Suitable refrigeration unit for proper storage of drugs; and

(9) Ointment slab or ointment papers.

(2) Electronic references shall be acceptable.

(Rx-10; 1 Ky.R. 147; eff. 12-11-74; 10 Ky.R. 890; eff. 4-13-84; 1444; 1792; eff. 2-7-2002; 45 Ky.R. 410; eff. 8/19/2019.)

201 KAR 2:095. Dispensing responsibilities.

RELATES TO: KRS 315.010(19), (25), 315.020, 315.050

STATUTORY AUTHORITY: KRS 315.020(4), 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) requires the board to

promulgate administrative regulations necessary to regulate and control the practice of

pharmacists. This administrative regulation establishes the professional responsibilities of a

pharmacist and a pharmacist intern under supervision.

Section 1. Pursuant to KRS 315.020(4), a pharmacist intern shall perform professional acts

within the practice of pharmacy under the immediate supervision and direction of a

registered pharmacist.

Section 2. A pharmacist intern who has successfully completed his first professional year

coursework of a Bachelor's of Science in Pharmacy or Doctor of Pharmacy degree program

at an accredited school or college of pharmacy may, at the discretion of the supervising

pharmacist, engage in delegated acts of professional practice pursuant to supervision as

defined by KRS 315.010(25).

Section 3. A pharmacist shall be responsible for all the actions of the pharmacist intern.

(Rx-12; 1 Ky.R. 718; Am. 2 Ky.R. 172; eff. 9-10-75; 11 Ky.R. 1615; eff. 6-4-85; 26 Ky.R. 1118; eff. 12-15-99.)

201 KAR 2:100. Security and control of drugs and prescriptions.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.035, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191 (1) authorizes The Kentucky Board of

Pharmacy to promulgate administrative regulations necessary to regulate and control

pharmacists and pharmacies. This administrative regulation establishes requirements for

adequate security and control of drugs and prescriptions.

Section 1. (1) A pharmacy shall:

(a) Provide adequate security and control of its controlled substances and

prescription legend drugs; and

(b) Be closed in absence of a pharmacist.

(2) If a pharmacy is located within a larger establishment, which is open to the public

for business at times when a pharmacist is not present, then the pharmacy shall be

enclosed by partitions which shall be either solid, solid transparent, or chain linked

secured by lock from other departments of the store. In the absence of a pharmacist,

pharmacies shall be locked and secured. A person shall not enter the closed pharmacy

during those hours when a pharmacist is not present.

Section 2. All prescription files, all legend drugs and other items which are restricted to sale

either by or under the supervision of a pharmacist shall be kept in the pharmacy area.

Section 3. Written prescription orders and refill requests can be delivered to a pharmacy at

any time. But if no pharmacist is present, then the prescription order(s) shall be deposited, by

the patient or the patient’s agent delivering the prescription order or refill request to the

establishment, into a "mail slot" or "drug box" such that the prescription order is stored in the

pharmacy area.

Section 4. Prepared prescription medications shall be stored in the pharmacy and shall not be

removed from the pharmacy unless the pharmacist is present and the removal is for the

immediate delivery to the patient, person picking up the prescription for the patient, or

person delivering the prescription to the patient at his residence or similar place.

(Rx-13; 1 Ky.R. 718; 2 Ky.R. 173; eff. 9-10-75; 11 Ky.R. 1615; eff. 6-4-85; 45 Ky.R. 3451; 46 Ky.R. 411; eff. 8/19/2019.)

201 KAR 2:105. Licensing and drug distribution requirements for wholesale

distributors.

RELATES TO: KRS 315.010, 315.402, 315.406

STATUTORY AUTHORITY: KRS 315.010, 315.191(1), 315.402, 315.406

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.402 and 315.406 authorizes the board

to promulgate administrative regulations to regulate wholesale distributors of drugs. This

administrative regulation establishes the requirements for the regulation of wholesale

distributors.

Section 1. Definition. "Drug sample" means unit of a prescription drug that is not intended

to be sold and is intended to promote the sale of the drug.

Section 2. Requirements.

(1) A wholesale distributor engaged in wholesale distribution in the Commonwealth

shall apply for a license from the board in accordance with KRS 315.402, 315.406,

and this administrative regulation.

(2) A separate license shall be required for each wholesale distributor's facility that

distributes within the Commonwealth regardless of whether joint ownership or

control exists.

(3) An agent or employee of a licensee shall not be required to obtain a license

under this section when the agent or employee is acting in the usual course of

business or employment.

(4) A license shall not be issued or renewed unless the applicant demonstrates or

continues to demonstrate acceptable operational procedures, including:

(a) Adequate maintenance and storage conditions to ensure proper lighting,

ventilation, temperature and humidity control, sanitation, space, and security as

per label requirements or official United States Pharmacopoeia (USP)

compendium requirements. Appropriate manual, electromechanical or

electronic temperature and humidity recording equipment, devices, or logs shall

be utilized to document proper storage of prescription drugs;

(b) Physical separation and quarantine of deteriorated, damaged, outdated,

misbranded, adulterated or otherwise recalled merchandise until they are

destroyed or returned;

including source or recipient, date, quantity, itemized description, and any other

information pertinent to the transaction; and

(d) Providing proof of registration with the state controlled substance authority,

and with the U.S. Drug Enforcement Administration and shall comply with all

DEA regulations.

Section 3. Qualifications for License.

(1) The minimum qualifications shall include:

(a) The Kentucky Board of Pharmacy shall consider, at a minimum, the following

factors in reviewing the qualifications of persons who engage in wholesale

distribution of prescription drugs within the Commonwealth:

1. Any convictions of the applicant under any federal, state, or local laws

relating to drug samples and wholesale or retail drug distribution of

controlled substances;

2. Any felony convictions of the applicant under federal, state, or local laws;

3. The applicant's past experience in the wholesale distribution of

prescription drugs, including controlled substances;

4. The furnishing by the applicant of false or fraudulent material in any

application made in connection with wholesale distribution;

5. Suspension or revocation by federal, state, or local government of any

license or permit currently or previously held by the applicant for wholesale

distribution of any drugs, including controlled substances;

6. Compliance with the requirements under any previously granted license

or permit, if any; and

7. Compliance with requirements to maintain or make available to the

Kentucky Board of Pharmacy or to federal, state, or local law enforcement

officials those records required under this section.

(b) The Kentucky Board of Pharmacy shall have the right to deny a license to an

applicant if it determines that the granting of that license would not be in the

public interest based on health and safety considerations.

(2) A license shall not be issued pursuant to this administrative regulation unless the

applicant has furnished proof satisfactory to the Board of Pharmacy:

(a) That the applicant is in compliance with all applicable federal and state laws

and regulations relating to drugs; and

(b) That the applicant is equipped as to land, buildings, and security to properly

carry on the business described in his application.

(3) A license issued pursuant to this administrative regulation may be suspended or

revoked for failure to comply with the provisions of KRS 315.400, 315.402, 315.404,

315.406, 315.408, 315.410, 315.412, or this administrative regulation.

Section 4. Application, Fees, Renewals.

(1) An application for a license shall be submitted to the Board of Pharmacy on

"Application for a License to Operate as a Wholesale Distributor (KBP W 9:08)".

(2) An application shall be accompanied by the annual fee set forth in 201 KAR

2:050.

(3) An application shall include:

(a) The name, full business address, and telephone number of the licensee;

(b) All trade or business name used by the licensee;

facilities used by the licensee for the storage, handling, and distribution of

prescription drugs;

(d) The type of ownership or operation (i.e. partnership, corporation, or sole

proprietorship);

(e) The name(s) of the owner and operator of the licensee, including;

1. If a person, the name and Social Security number of the person;

2. If a partnership, the name and Social Security number of each partner,

and the name of the partnership;

3. If a corporation, the name, Social Security number and title of each

corporate officer and director, the corporate names, and the name of the

state of incorporation; and

4. If a sole proprietorship, the full name and Social Security number of the

sole proprietor and the name of the business entity; and

(f) A list of all licenses and permits issued to the applicant by any other state that

authorizes the applicant to purchase or possess prescription drugs.

(4) All licenses shall:

(a) Expire on September 30 following date of issuance; and

(b) Be renewable annually thereafter upon renewal application accompanied by

the renewal fee set forth in 201 KAR 2:050 and shall be nontransferable.

Section 5. Standards.

(1) Facilities.

(a) All buildings in which legend drugs are held for wholesale distribution,

repackaged, stored, held, sold, offered for sale, exposed for sale, or kept for sale

shall be of suitable size, construction, and location to facilitate cleaning,

maintenance, and proper operations.

(b) Buildings shall meet all applicable federal, state, and local standards. The

facility shall have a quarantine area for storage of prescription drugs that are

outdated, damaged, deteriorated, misbranded, or adulterated, or that are in

immediate or sealed secondary containers that have been opened.

(2) Security.

(a) A wholesale distributor shall be equipped with an alarm system to detect

entry after hours.

(b) A wholesale distributor shall ensure that access from outside their premises

is well-controlled and reduced to a minimum. This includes the installation of

adequate lighting at the outside perimeter of the premises.

against theft and diversion by limiting access to areas where legend drugs are

held to authorized personnel. These policies shall provide protection against

tampering with computers or electronic records.

(d) A licensee shall employ adequate personnel with the education and

experience necessary to safely and lawfully engage in the wholesale distribution

of prescription drugs.

(3) Recordkeeping.

(a) Inventories and other records of transactions regarding the receipt and

disposition of legend drugs shall be maintained and readily available for

inspection or photocopying by authorized law enforcement officials for a period

of two (2) years following disposition of the drugs. These records shall include:

1. The source of the drugs, including the name and principal address of the

seller or transferor, and the address of the location from which the drugs

were shipped;

2. The identity and quantity of the drugs received and distributed or

disposed of; and

3. The dates of receipt and distribution or other distribution of the drugs.

(b) Records described in this section that are kept at the inspection site or that

can be immediately retrieved by computer or other electronic means shall be

readily available for authorized inspection during the retention period. Records

kept at a central location apart from the inspection site and not electronically

retrievable shall be made available for inspection within two (2) working days of

a request by an authorized official of a federal, state, or local law enforcement

agency.

(4) Written policies and procedures.

(a) A Wholesaler Distributor distributors shall establish, maintain, and adhere to

written policies and procedures, which shall be followed for the receipt, security,

storage, inventory, and distribution of prescription drugs, including policies and

procedures for identifying, recording, and reporting losses or thefts and to

assure that the wholesale distributor prepares for, protects against, and handles

crisis situations that affect the security or operation of the facility. These crises

shall include fires, floods, or other natural disasters, and situations of local,

state, or national emergency.

(b) There shall be written policies and procedures for managing and correcting

all errors or inaccuracies in inventories.

stock or any stock with an expiration date that, in the wholesale distributor's

view, does not allow sufficient time for repacking or resale shall be segregated

from other stock and shall be prepared for return to the manufacturer or

otherwise destroyed, and this shall be documented.

(d) There shall be written policies and procedures by which the wholesale

distributor exercises control over the shipping and receiving of all stock within

the operation.

(5) Returned, damaged, and outdated prescription drugs. A wholesale distributor

shall maintain and follow a written procedure to assure the proper handling and

disposal of returned goods if conditions under which a prescription drug has been

returned cast doubt on the drug's safety, identity, strength, quality, or purity, then

the drug shall be destroyed, or returned, unless examination, testing, or other

investigation proves that the drug meets appropriate standards of safety, identity,

strength, quality, and purity. In determining whether the conditions under which a

drug has been returned cast doubt on the drug's safety, identity, strength, quality,

or purity, the wholesale distributor shall consider, among other things, the

conditions under which the drug has been held, stored, or shipped before or during

its return and the condition of the drug and its container, carton, or labeling, as a

result of storage or shipping.

(6) Handling recalls. A wholesale distributor shall maintain and follow written policy

for handling recalls and withdrawals of products. The policy shall cover all recalls

and withdrawals of drug products due to:

(a) Any voluntary action on the part of the manufacturer;

(b) The direction of the Food and Drug Administration, or any other federal,

state, or local government agency; and

package design.

(7) (a) A visual examination of all materials received or shipped shall be made to

guarantee product identity and to reasonably guard against acceptance or

delivery of damaged, contaminated, tampered, or otherwise unfit stock.

(b) Procedures for distribution of approved stock shall provide for a rotation

whereby the oldest inventory is distributed first.

federal, state, or local laws or regulations that relate to prescription drug

product salvaging or reprocessing.

Section 6. Pedigree.

(1) Effective July 1, 2009 and in accordance with KRS 315.406, each person or entity

engaged in the wholesale distribution of prescription drugs that leave or that have

ever left the normal distribution channel shall, prior to the distribution of the

prescription drug, provide a pedigree to the person receiving the prescription drug.

(2) The pedigree shall include the following information concerning the prescription

drug:

(a) The proprietary and established name of the prescription drug;

(b) The dosage;

(d) The number of containers;

(e) The lot number of control number of the prescription drug;

(f) The business name and address of all parties to each prior transaction

involving the drug, starting with the manufacturer; and

(g) The date of each previous transaction.

(3) Pedigree records shall be maintained and readily be available for inspections or

photocopying by authorized law enforcement officials for a period of two (2) years.

Section 7. Violations.

(1) A wholesale distributor shall not distribute legend drugs directly to a consumer

or a patient or operate in a manner that endangers the public health.

(2) Violation of any of these provisions shall be grounds for the suspension or

revocation of the license.

Section 8. Incorporation by Reference.

(1) "Application for a License to Operate as a Wholesale Distributor" (KBP W 9:08) is

incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

Building Suite 302, 2624 Research Park Drive, Lexington, Kentucky 40511, Monday

through Friday, 8 a.m. to 4:30 p.m. *

(9 Ky.R. 77; eff. 8-11-1982; Am. 11 Ky.R. 1616; eff. 6-4-85; 16 Ky.R. 1597; eff. 4-12-90; 18 Ky.R. 2348; 2832; 2917; eff. 3-25-92; 19 Ky.R.

445; eff. 10-8-92; 28 Ky.R. 2406; 29 Ky.R. 98; eff. 7-15-2002; 35 Ky.R. 982; 1826; 1740; eff. 2-18-2009.)

* PLEASE NOTE: The Board’s address has changed since this regulation went into effect. The

current address for the Board is The Kentucky Board of Pharmacy, State Office Building

Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601.

201 KAR 2:106. Pharmacy, manufacturer, or distributor closures.

RELATES TO: KRS 315.035, 315.036

STATUTORY AUTHORITY: KRS 315.036, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) requires the board to

promulgate administrative regulations relating to subject matters governed by KRS Chapter

315. This administrative regulation establishes requirements relating to closure of business by

licensees.

Section 1. Definitions. As used in this administrative regulation:

(1) "Permanent closure" means a licensee:

(a) Ceases to do business and permanently closes; and

(b) Does not file application for a pharmacy license for the same location;

(2) "Voluntary closure" means a closing or abandonment of premises resulting from:

(a) Chronic mental or physical deterioration; or

(b) A deviation from the business hours listed on the current permit application or

amendments filed thereto; or

other than permanent or involuntary closure.

(3) "Involuntary closure" means an interruption of formal business activity resulting

from:

(a) Acute illness or incapacitation;

(b) Death;

(d) Bankruptcy proceedings; or

(e) Court, government, or Board of Pharmacy action.

Section 2. Procedures for Closure.

(1) Permanent closure.

(a) A licensee shall conspicuously place a sign notifying the public thirty (30) days

in advance of the:

1. Termination date of business; and

2. Name and address of the licensee to which prescription files or other

pertinent records will be transferred.

(b) Except when prevented by the exercise of another party's legal rights:

1. The sign shall remain in place for a period of thirty (30) days after the

closure; and

2. All efforts shall be undertaken to assure a smooth transition of

uninterrupted service to those affected by the closure.

Administration, and the Cabinet for Human Resources by written notice fifteen

(15) days prior to the anticipated closing and include the following information:

1. Date of business termination; and

2. Name, address, and DEA number of registrant to whom the prescription or

controlled drugs are to be transferred.

(d) In the absence of directives to the contrary from the Drug Enforcement

Administration, the Board of Pharmacy, or the Cabinet for Human Resources, the

transfer shall be effected on the assigned date.

(e) The transferor and the transferee shall each maintain copies of the following

documents relating to transferred controlled substances for at least two (2) years:

1. U.S. Official Order Forms, DEA-222 Schedule II; and

2. Schedules III, IV, and V Invoices) for a period of at least two (2) years.

(f) Upon termination, a licensee shall:

1. Remove all signs pertinent to pharmacy or drugs from the building and

premises; and

2. Return the voided permits, the Drug Enforcement Administration

registration, and unused Schedule II Order Forms to their respective office of

issue.

(g) The posting of the sign required by paragraph (a) of this subsection shall not be

required if:

1. An application for a pharmacy license for the same location is filed; or

2. During a sale of a pharmacy, prescription records are transferred to another

permitted pharmacy that is within five (5) miles of the location of the

pharmacy that is sold and owned by the purchasing entity.

(2) Voluntary closure.

(a) A pharmacy or distributor licensed by the Kentucky Board of Pharmacy whose

hours of operation have deviated over a period of five (5) consecutive working

days from those of record at the Board of Pharmacy office shall immediately

notify the board, verbally and in writing of the reason for the deviation and the

anticipated period of continuance.

(b) Upon receipt of the notice, the Board of Pharmacy, with full cooperation of the

licensee, shall make arrangements it deems necessary to provide adequate and

continued security and control of all drugs, chemicals, poisons, and devices owned

or controlled by the licensee.

agreements cannot be reached between the Board of Pharmacy, the licensee, or

his designated representative, the:

1. Permit shall be revoked; and

2. Board of Pharmacy shall notify the Cabinet for Human Resources to assume

control and responsibility of any drug, chemical, poison, or device deemed

necessary in any manner deemed appropriate.

(d) If the Board of Pharmacy or the Cabinet for Human Resources or its agents

liquidate or arrange for the liquidation of items specified in paragraphs (b) and (c)

of this subsection, the board or the Cabinet for Human Resources may retain a

portion of the proceeds realized from the liquidation equal to the expenses

incurred.

(3) Involuntary closure.

(a) Within five (5) days of involuntary closure, a licensee, or person authorized to

act on his behalf, shall:

1. Notify the board in writing; and

2. Guarantee the safety and control of the licensed premises in a manner that

will allow continued storage of controlled substances consigned to the board

permittees for sixty (60) days after the effective date of the involuntary

closure.

(b) Within sixty (60) days after the effective date of the involuntary closure, a

licensee shall effect arrangements for the lawful sale or other disposition of drugs

and substances requiring board licensure.

necessary for disposition, if after the expiration of the sixty (60) day period

following the effective date of involuntary closure:

1. A sale or other disposition has not been effected; or

2. An agreement between the board, and the licensee or person authorized to

act on behalf of the licensee, has not been reached.

Section 3. Duties and Responsibilities of Licensee. A licensee or person authorized to act on his

behalf shall:

(1) Fully cooperate with the board to promote the efficient administration of action

required by the provisions of this administrative regulation; and

(2) Be financially liable to the board for expenses incurred by the board in its

implementation of the provisions of this administrative regulation.

(16 Ky.R. 1718; Am. 2123; eff. 4-12-90; 23 Ky.R. 3866; 24 Ky.R. 61; eff. 6-18-97.)

201 KAR 2:115. Controlled release tablets, capsules and injectables.

RELATES TO: KRS Chapter 217

STATUTORY AUTHORITY: KRS 217.814(7), (8), 217.819(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217.819 directs the Kentucky Board of

Pharmacy to prepare a nonequivalent drug product formulary of drugs which should not be

interchanged by pharmacists. In conformance with the publication cited, "Approved

Prescription Drug Products with Therapeutic Equivalence Evaluations," this administrative

regulation lists controlled release tablets, capsules and injectables as noninterchangeable.

Section 1. The following are determined to be noninterchangeable: controlled release tablets,

capsules and injectables - these dosage forms are subject to bioavailability and bioequivalence

difference, primarily because different manufacturers developing controlled release products

for the same active ingredient do not employ the same approach to formulating their

controlled release products. Approved controlled release products for which bioequivalence

data are available and considered as meeting necessary bioequivalence requirements are

exempted from this administrative regulation.

(9 Ky.R. 285; Am. 688; eff. 1-6-83.)

201 KAR 2:116. Substitution of drugs, biologics and biosimilar products.

RELATES TO: KRS 217.819

STATUTORY AUTHORITY: KRS 217.814(5), (6), (7), (8), 217.819(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217.819(1) requires the Kentucky Board of

Pharmacy to prepare by administrative regulation a drug product formulary of drugs which

should not be interchanged by pharmacists. This administrative regulation references drug

products with active ingredients or dosage forms that are interchangeable. All other products

not referenced as interchangeable non-interchangeable.

Section 1. The following have been determined by the board to be:

(1) Drugs, drug products, or dosage formulations considered by the United States

Food and Drug Administration to be therapeutically equivalent as published in the

Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book);

and

(2) Biologics drugs, biologics drug products, or biologics dosage formulations

considered by the United States Food and Drug Administration to be

therapeutically equivalent as published in the Lists of Licensed Biological

Products with Reference Product Exclusivity and Biosimilarity or

Interchangeability Evaluations (Purple Book).

Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) “Approved Drug Products with Therapeutic Equivalence Evaluations,” (Orange

Book), U.S. Food and Drug Administration, 39

Edition, 2019; and

(b) “Lists or Licensed Biological Products with Reference Product Exclusivity and

biosimilarity or Interchangeability Evaluations” (Purple Book), United States Food and

Drug Administrations, June 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable

Frankfort, Kentucky 40601-8204, Monday through Friday, 8 a.m. to 4:30 p.m. and is

available online at http://www.fda.gov

(16 Ky.R. 1720; 2154; eff. 5-13-90; 17 Ky.R. 2212; 2725; eff. 4-5-91; 45 Ky.R. 3453, 46 Ky.R. 412; eff. 8-19-2019.)

201 KAR 2:160. Licensees; inactive status.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.065, 315.110, 315.120, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: Senate Bill 241 of the General Assembly,

Commonwealth of Kentucky, Regular Session 1982, provided for changes in KRS Chapter 315.

This necessitated requirements for licensees to be issued inactive status and for those who

desire to apply for renewal of a license to return to active practice.

Section 1. A pharmacist may apply for inactive status by:

(1) Completing annual renewal application; and

(2) Paying annual fee for inactive status.

Section 2. Pharmacists maintaining an active license to practice in another state or jurisdiction

are ineligible for inactive status in Kentucky.

Section 3. Pharmacists seeking relicensure from inactive to active status must fulfill the

following requirements:

(1) If the pharmacist has been inactive for no more than five (5) consecutive years, he

must:

(a) Provide written notice to the board requesting their consideration to active

status. The board shall act upon such request within sixty (60) days.

(b) Satisfy the board's continuing education requirements for each year of inactive

status.

(d) Pay all cumulative annual renewal fees required for active licensees.

(2) If a pharmacist has had inactive status for more than five (5) consecutive years, he

must:

(a) Provide written notice to the board requesting their consideration to active

status. The board shall act upon such request within sixty (60) days.

(b) Successfully complete a satisfactory examination before the board.

(9 Ky.R. 633; 778; eff. 12-1-1982; Crt eff. 4-17-2019.)

201 KAR 2:165. Transfer of prescription information.

RELATES TO: KRS 217.215(2), 315.191(1)(f)

STATUTORY AUTHORITY: KRS 217.215(2), 315.191(1)(a), (f)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(f) authorizes the Board of

Pharmacy to promulgate administrative regulations to control the transfer of prescription

drug orders between pharmacists and pharmacies. This administrative regulation

establishes the procedures by which a prescription may be transferred between pharmacies

in the Commonwealth or between a pharmacy and an establishment located in a state or

United States Territory or District outside the Commonwealth and similarly credentialed as

a pharmacy by that state or U.S. Territory or District for the purpose of dispensing.

Section 1.

(1) The transfer of prescription information for any noncontrolled substance

prescription for the purpose of refill dispensing may occur if:

(a) It is orally communicated directly between two (2) pharmacists or

pharmacist interns in the Commonwealth or between a pharmacist and an

individual located in a state or U.S. Territory or District outside the

Commonwealth and similarly credentialed as a pharmacist by that state or U.S.

Territory or District;

(b) It is made through an on-line real-time computer system that provides

documentation of the presence of a pharmacist or an individual located in a

state or U.S. Territory or District outside the Commonwealth and similarly

credentialed as a pharmacist by that state or U.S. Territory or District when the

information is transferred;

required by this administrative regulation is provided to the sending and

receiving pharmacist or an individual located in a state or U.S. Territory or

District outside the Commonwealth and similarly credentialed as a pharmacist

by that state or U.S. Territory or District; or

(d) It is made through the use of voice recording technology and all information

required by this administrative regulation is provided to the sending and

receiving pharmacist or an individual located in a state or U.S. Territory or

District outside the Commonwealth and similarly credentialed as a pharmacist

by that state or U.S. Territory or District.

(2) If in the Commonwealth the transferring pharmacist shall record the following

information:

(a) That the prescription is void;

(b) The name and address of the pharmacy or the establishment located in a

state or U.S. Territory or District outside the Commonwealth that is similarly

credentialed as a pharmacy by that state or U.S. Territory or District to which it

was transferred and the name of the pharmacist or the individual located in a

state or U.S. Territory or District outside the Commonwealth that is similarly

credentialed as a pharmacist by that state or U.S. Territory or District receiving

the prescription information; and

information.

(3) If in the Commonwealth the pharmacist receiving the transferred prescription

shall record the following information:

(a) That the prescription is a transfer;

(b) The date of issuance of the original prescription;

(d) The date of original dispensing, if applicable;

(e) The refill authorization remaining and the date of the last refill, if applicable;

(f) The name and address of the pharmacy or the establishment located in a

state or U.S. Territory or District outside the Commonwealth that is similarly

credentialed as a pharmacy by that state or U.S. Territory or District and the

original prescription number from which the prescription was transferred; and

(g) The name of the transferor pharmacist or the individual located in a state or

U.S. Territory or District outside the Commonwealth that is similarly

credentialed as a pharmacist by that state or U.S. Territory or District.

(4) Both the original prescription and the transferred prescription shall be

maintained for a period of five (5) years from the date of the last refill.

(5) Pharmacies electronically accessing the same prescription record shall satisfy all

information of a manual mode for a prescription transfer.

Section 2. The transfer of prescription information for a controlled substance prescription,

except a Schedule II controlled substance, for the purpose of refill dispensing may occur if

the transfer complies with the requirements of 21 C.F.R. 1306.25.

Section 3. Violation of a provision of this administrative regulation shall constitute unethical

or unprofessional conduct in accordance with KRS 315.121(2)(d), (f), and (g).

(9 Ky.R. 1264; eff. 6-1-83; 16 Ky.R. 797; eff. 1-12-90; 25 Ky.R. 1944; 2545; eff. 5-19-99; 1445; 1793; eff. 2-7-2002; 37 Ky.R. 1328; eff.

2-4-2011;45 Ky.R.3454; eff. 11-01-2019.)

201 KAR 2:170. Computerized recordkeeping.

RELATES TO: KRS 217.215, 217.216, 315.191

STATUTORY AUTHORITY: KRS 217.215(2), 315.191(1),(a), (f)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217.215(2) provides for the board to

establish administrative regulations relating to the storage and retrieval of prescriptions

records, including computerized recordkeeping. This administrative regulation provides

standards for those desiring to use computerized recordkeeping.

Section 1. The following information shall be entered into the system:

(1) All information pertinent to a prescription shall be entered into the system,

including, but not limited to, each of the following:

(a) The prescription number;

(b) The patient’s name and address;

(d) The prescriber’s Federal Drug Enforcement Administration number, if

appropriate;

(e) Refill authorization;

(f) Any prescriber’s instructions or patient’s preference permitted by law or

administrative regulation;

(g) The name, strength, dosage form, and quantity of the drug dispensed

originally and upon each refill; and

(h) The date of dispensing of the prescription and the identifying designation of

the dispensing pharmacist for the original filling and each refill.

(2) The entries shall be made into the system at the time the prescription is first

filled and at the time of each refill, except that the format of the record may be

organized so that the data already entered may appear for the prescription or refill

without reentering that data. Records that are received or sent electronically may

be kept electronically. The dispensing pharmacist shall be responsible for the

completeness and accuracy of the entries.

(3) The original prescription and a record of each refill, if received written or oral,

shall be preserved as a hard copy for a period of three (3) years and thereafter be

preserved as a hard copy or electronically for no less than an additional two (2)

years. The original prescription and a record of each refill, if received by facsimile,

shall be preserved as a hard copy, the original electronic image, or electronically for

a period of three (3) years and thereafter be preserved as a hard copy, the original

electronic image, or electronically for no less than an additional two (2) years. The

original and electronic prescription shall be subject to inspection by authorized

agents. An original prescription shall not be obstructed in any manner.

(4) The original prescription and a record of each refill, if received as an e-

prescription, shall be preserved electronically for a period of no less than five (5)

years. The electronic prescription shall be subject to inspection by authorized

agents. An original prescription shall not may be obstructed in any manner.

(5) The required information shall be entered into the system for all prescriptions

filled at the pharmacy.

(6) The system shall provide adequate safeguards against improper manipulation or

alteration of the data.

(7) The system shall have the capability of producing a hard-copy printout of all

original and refilled prescription data as required in Section 1 of this administrative

regulation. A hard-copy printout of the required data shall be made available to an

authorized agent within forty-eight (48) hours of the receipt of a written request.

(8) The system shall maintain a record of each day’s prescription data as follows:

(a) This record shall be verified, dated, and signed by the pharmacist(s) who

filled those prescription orders either:

1. Electronically;

2. Manually; or

3. In a log.

(b) This record shall be maintained for no less than five (5) years; and

authorized agents.

(9) An auxiliary recordkeeping system shall be established for the documentation of

refills if the automated data processing system is inoperative for any reason. The

auxiliary system shall insure that all refills are authorized by the original prescription

order and that the maximum number of refills is not exceeded. If the automated

data processing system is restored to operation, the information regarding

prescriptions filled and refilled during the inoperative period shall be entered into

the automated data processing system within seventy-two (72) hours.

(10) Controlled substance data shall be identifiable apart from other items

appearing in the record.

(11) The pharmacist shall be responsible to assure continuity in the maintenance of

records throughout any transition in record systems utilized.

Section 2. A computer malfunction or data processing services provider’s negligence shall

not be not a defense against charges of improper recordkeeping.

Section 3. This administrative regulation is not applicable to the recordkeeping for drugs

prescribed for and administered to patients confined as inpatients in an acute care facility.

(9 Ky.R. 1264; Am. 10 Ky.R. 4; eff. 6-1-1983; 38 Ky.R. 652; 1297; eff. 1-18-2012.)

201 KAR 2:175. Emergency/seventy-two (72) hour prescription refills.

RELATES TO: KRS Chapters 217, 315

STATUTORY AUTHORITY: KRS 217.215(3), 315.191

NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets out the

conditions whereby a prescription may be refilled in an emergency situation and the

prescriber is unavailable.

Section 1. If a pharmacist receives a request for a prescription refill with no refill authorized

and the pharmacist is unable to readily obtain refill authorization from the prescriber, the

pharmacist may dispense a one (1) time emergency refill of up to a seventy-two (72) hour

supply of the medication when:

(1) The prescription refill is not for a controlled substance;

(2) The medication is essential to the maintenance of life or to the continuation of

therapy in chronic conditions;

(3) In the pharmacist's professional judgment, the interruption of therapy might

reasonably produce undesirable health consequences or may be detrimental to the

patient's welfare and cause physical or mental discomfort;

(4) The pharmacist notes on the prescription record the date, the quantity dispensed,

and his name or initials; and

(5) In all situations an emergency refill must be followed by authorization from the

prescriber for continued therapy.

Section 2. Violation of any provision of this administrative regulation constitutes unethical or

unprofessional conduct in accordance with KRS 315.121.

(9 Ky.R. 1265; Am. 10 Ky.R. 5; eff. 6-1-83; 16 Ky.R. 798; eff. 1-12-90.)

201 KAR 2:180. Pharmacies sanitation.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.035(6), 315.191(1), (5)

NECESSITY, FUNCTION, AND CONFORMITY: There is no existing uniform administrative

regulation for which the Kentucky Board of Pharmacy can monitor a pharmacy for cleanliness.

Existing administrative regulations pertain only to food handling facilities. The purpose of this

administrative regulation is to provide the board with the authority to require standards for

compliance.

Section 1. The designated pharmacy area(s) shall be used exclusively for the compounding and

dispensing of drugs and other usual procedures incidental to compounding and dispensing of

drugs. This area shall be maintained in a clean and sanitary condition, adequately lighted and

ventilated.

Section 2. No compounding or dispensing of drugs shall be carried on in any room used as a

dwelling or for usual household purposes.

Section 3. Hot and cold water shall be readily accessible. Adequate facilities, separate and

distinct from toilets and washrooms, shall be provided for maintaining clean and sanitary

conditions.

Section 4. All equipment used in the storage, compounding, and dispensing of drugs or

medicines shall be kept in a clean and sanitary manner.

Section 5. Proper temperatures shall be maintained for compounding and dispensing of drugs

and medicines. Controlled room temperatures shall be fifteen (15) to thirty (30) degrees

Centigrade, fifty-nine (59) to eighty-six (86) degrees Fahrenheit. Refrigeration temperatures

shall be two (2) to eight (8) degrees Centigrade, thirty-six (36) to forty-six (46) degrees

Fahrenheit. Freezer temperatures shall be minus twenty (-20) to minus ten (-10) degrees

Centigrade, minus four (-4) to fourteen (14) degrees Fahrenheit. Under nonspecific conditions,

it is to be understood that the storage conditions include protection from moisture, freezing,

and excessive heat.

Section 6. Violation of any provision of this administrative regulation constitutes unethical or

unprofessional conduct in accordance with KRS 315.121.

(10 Ky.R. 951; eff. 2-1-84; Crt eff. 4-17-19.)

201 KAR 2:185. Noncontrolled substance prescription drug refills.

RELATES TO: KRS 215.191(f), (g), 315.191(1)(f)

STATUTORY AUTHORITY: KRS 217.215, 315.191(1)(f)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.010, 315.191 and 217.215(2) require the

Board of Pharmacy to promulgate administrative regulations necessary to regulate the

practice of pharmacists and the recordkeeping systems associated with prescriptions. This

administrative regulation establishes the responsibilities of pharmacists and practitioners

relating to prescription drug refills.

Section 1.

(1) A pharmacist shall not refill a prescription for a noncontrolled substance

prescription drug unless authorized by the prescribing practitioner.

(2) A pharmacist shall record all refills by writing the date of the refill together with his

name or initials on the original prescription.

(3) If an alternate approved automated data processing system is used, refills and

records shall be maintained in compliance with 201 KAR 2:170.

Section 2.

(1) The use of the terms "prn" and "ad lib" in relation to authorization for refilling

prescriptions shall mean the prescription may be refilled for a maximum period of one

(1) year from the date prescribed.

(2) After one (1) year from the date prescribed, the prescribing practitioner shall issue

a new prescription.

Section 3. If the authorized refills are expressed solely as a number, the prescription shall be

refilled for the authorized limit of refills within one (1) year of the date prescribed.

Section 4. Violation of a provision of this administrative regulation shall constitute unethical or

unprofessional conduct in accordance with KRS 315.121(2)(d), (f), (g).

(10 Ky.R. 951; eff. 2-1-84; Am. 25 Ky.R. 11945; 2546; eff. 5-19-99;Crt eff. 4-17-2019)

201 KAR 2:190. Return of prescription drugs prohibited.

RELATES TO: KRS Chapters 217 and 315

STATUTORY AUTHORITY: KRS 315.010(5), 315.191(1), (5)

NECESSITY, FUNCTION, AND CONFORMITY: To prevent the dispensing of drugs that have been

adulterated, contaminated or misbranded.

Section 1. No pharmacy, pharmacist, or agent thereof shall accept for reuse or resale a

prescription drug. This administrative regulation shall not apply to sealed/unopened unit

dose, unit of use or tamper resistant drug packaging.

Section 2. Violation of any provision of this administrative regulation constitutes unethical or

unprofessional conduct in accordance with KRS 315.121.

(10 Ky.R. 952; eff. 2-1-84; 11 Ky.R. 1126; eff. 3-12-85; 16 Ky.R. 799; eff. 1-12-90; Crt eff. 4-17-2019.)

201 KAR 2:205. Pharmacist-in-charge.

RELATES TO: KRS 315.020, 315.0351, 315.191, 315.300, 315.335

STATUTORY AUTHORITY: KRS 315.020(1), 315.0351, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1) authorizes the board to

promulgate administrative regulations pursuant to KRS Chapter 13A necessary to regulate

and control all matters relating to pharmacists, pharmacist interns, pharmacy technicians,

pharmacies, wholesale distributors, and manufacturers. KRS 315.020(1) and 315.0351(7)

require applicants for pharmacy permits to place a pharmacist in charge as a prerequisite to

compounding and dispensing privileges granted by the Kentucky Board of Pharmacy. This

administrative regulation establishes the requirements relating to a pharmacist-in-charge.

Section 1. Definition. "Pharmacist-in-charge" means a pharmacist licensed in the

Commonwealth of Kentucky, or in the appropriate jurisdiction of an out-of-state pharmacy

holding a Kentucky Board of Pharmacy permit, who accepts responsibility for the operation

of a pharmacy in conformance with all laws and administrative regulations pertinent to the

practice of pharmacy and the distribution of prescription drugs and who is personally in full

and actual charge of the pharmacy.

Section 2. Duties and Responsibilities.

(1) The pharmacist-in-charge shall be so designated in the application for a permit to

operate a pharmacy and in each application for renewal of that permit thereafter.

(2) A pharmacist shall not serve as a pharmacist-in-charge:

(a) For more than one (1) pharmacy at a time, except upon written approval

from the Kentucky Board of Pharmacy; and

(b) Unless he or she is physically present in that pharmacy for a minimum of ten

(10) hours per week or the amount of time appropriate to provide supervision

and control.

(3) The pharmacist-in-charge shall be responsible for:

(a) Quality assurance programs for pharmacy services designed to objectively

and systematically monitor care, pursue opportunities for improvement, resolve

identified problems as may exist, and detect and prevent drug diversion;

(b) The procurement, storage, security, and disposition of drugs and the

provision of pharmacy services;

currently licensed;

(d) Providing notification in writing to the Board of Pharmacy within fourteen

(14) calendar days of any change in the:

1. Employment of the pharmacist-in-charge;

2. Employment of staff pharmacists; or

3. Schedule of hours for the pharmacy;

(e) Making or filing of any reports required by state or federal laws and

regulations;

(f) Responding to the Kentucky Board of Pharmacy regarding identified

violations or deficiencies; and

(g) Filing of any report of a theft or loss to:

1. The U. S. Department of Justice Drug Enforcement Agency as required by

21 C.F.R. 1301.76(b);

2. The Department of the Kentucky State Police as required by KRS 315.335;

and

3. The board by providing a copy to the board of each report submitted.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a)"Application for Permit to Operate a Pharmacy in Kentucky", Form 1,

07/2012;

(b) "Application for Non-Resident Pharmacy Permit", Form 1, 07/2012;

(d) "Application for Non-Resident Pharmacy Permit Renewal", Form 2, 07/2012.

(2) This material may be inspected, copied, or obtained, subject to applicable

Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8

a.m. to 4:30 p.m.

(19 Ky.R. 1018; Am. 1340; eff. 11-30-92; 27 Ky.R. 194; 738; eff. 9-11-2000; 39 Ky.R. 508; eff. 2-1-2013.)

201 KAR 2:210. Patient records and patient counseling.

RELATES TO: KRS 315.191(1), (5), (6), 42 C.F.R. Part 456

STATUTORY AUTHORITY: KRS 217.215(2), 315.191(1), (5), 42 C.F.R. Part 456

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1), (56), 42 CFR Part 456 mandates

that pharmacists implement drug utilization reviews and provide patient counseling to those

recipients of health-care benefits for which federal funds are allocated. This administrative

regulation provides for this mechanism and broadens its magnitude by rendering this valuable

service available to all Kentucky's citizenry, equitably.

Section 1. Patient Records.

(1) (a) A patient record system shall, with the exercise of professional judgment, be

maintained by a pharmacy for patients for whom prescriptive drug orders are

dispensed at that pharmacy location.

(b) A pharmacist, with the exercise of professional judgment, shall establish a

procedure for obtaining, recording, and maintaining information required for a

patient record.

information for a patient record.

(d) A patient record shall:

1. Be readily retrievable by manual or electronic means;

2. Enable the pharmacist to identify previously dispensed drugs and known

disease conditions;

3. Enable the pharmacist to determine the impact of previously dispensed

drugs and known disease conditions upon the newly submitted prescriptive

drug order; and

4. Be maintained for not less than 180 days from the date of the last entry.

(2) A patient record shall include:

(a) Full name of patient for whom the drug is intended;

(b) Address and telephone number of the patient;

(d) Patient's gender;

(e) A list of all prescriptions obtained by the patient at that pharmacy location for

the past twelve (12) months by:

1. Prescription number;

2. Name and strength of medication;

3. Quantity;

4. Date received;

5. Identity of prescriber; and

6. Comments or other information as may be relevant to the specific patient

or drug; and

(f) Individual medical history if significant, including known disease states, known

allergies, idiosyncrasies, reactions or conditions relating to prospective drug use

and drug regimen reviews.

Section 2. Patient Counseling.

(1) The pharmacist shall offer to counsel a patient on matters which he believes will

optimize drug therapy with each patient or caregiver:

(a) Upon the presentation of an original prescription order; and

(b) On refill prescriptions, as professional discretion dictates.

(2) (a) The offer shall be made by the pharmacist in a face-to-face communication

with the patient or caregiver, unless, in the professional judgment of the

pharmacist, it is deemed impractical or inappropriate.

(b) If deemed impractical or inappropriate, the offer to counsel may be made:

1. By the pharmacist designee;

2. In written communication;

3. By telephone through access to a telephone service that is toll-free for long

distance calls, unless the primary patient population is accessible through a

local, measured, or toll-free exchange; or

4. In another manner determined by the pharmacist to be appropriate.

(3) Patient counseling shall be:

(a) In person when practical; or

(b) With reasonable effort, by telephone.

(4) The pharmacist shall include the following elements of patient counseling that he

has determined are appropriate:

(a) The name and description of the drug;

(b) The dosage form, dose, route of administration, and duration of therapy;

(d) Common and clinically significant adverse effects, interactions, or

contraindications that may be encountered, including their avoidance and the

action required should they occur;

(e) Techniques for self-monitoring of drug therapy;

(f) Proper storage;

(g) Refill information;

(h) Action to be taken in event of a missed dose;

(i) His comments relevant to the individual's therapy; and

(j) Any other information peculiar to the specific patient or drug.

(5) If a pharmacist determines that it is appropriate, he may supplement patient

counseling with additional forms of patient information, such as:

(a) Written or printed information leaflets;

(b) Pictogram labels; and

(6) Mail-order pharmacies shall be subject to the same counseling requirements as

any other pharmacy.

Section 3. Confidentiality.

(1) A patient record shall be held in confidence.

(2) It shall be communicated or released:

(a) To the patient;

(b) As the patient directs; or

Section 4. Prospective Drug Use Review.

(1) A prospective drug use review shall be conducted by a pharmacist prior to

dispensing.

(2) It shall include an assessment of a patient's drug therapy and the prescription

order.

(3) A prospective drug use review shall include a review by the pharmacist of the

following:

(a) Known allergies;

(b) Rationale for use;

(d) Synergism with currently employed modalities;

(e) Interaction or adverse reaction with applicable:

1. Drugs;

2. Foods; or

3. Known disease states;

(f) Proper utilization for optimum therapeutic outcomes; and

(g) Clinical misuse or abuse.

100

Section 5. Documentation of Counseling.

(1) A record that the patient refused the pharmacist's offer to counsel shall be

maintained for one (1) year.

(2) If there is no record that the patient refused the pharmacist's offer to counsel,

there shall be a presumption that:

(a) The offer to counsel, as required in Section 2 of this administrative regulation,

was made and accepted; and

(b) The counseling was provided.

Section 6. The provisions of this administrative regulation shall not apply:

(1) To inpatients of a hospital or institution, if other licensed health-care professionals

are authorized to administer the drugs; or

(2) If there is documentation that the patient or caregiver refused consultation.

(19 Ky.R. 1694; eff. 2-17-93; Crt eff. 4-17-2019.)

201 KAR 2:215. Nuclear pharmacy services.

RELATES TO: KRS Chapter 315

STATUTORY AUTHORITY: KRS 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Board of Pharmacy shall be

responsible for imposing minimum standards in all settings where drug products are

dispensed and to ensure the safety of all drug products provided to the citizens of the

Commonwealth. This administrative regulation applies to pharmacies as defined in KRS

315.010. The requirement of these administrative regulations are in addition to, and not in

substitution of, other applicable administrative regulations promulgated by the Cabinet for

Human Resources for radioactive materials and applicable administrative regulations

promulgated by the Kentucky Board of Pharmacy.

Section 1. Definitions.

(1) "Nuclear pharmacy" means a pharmacy providing radiopharmaceutical services.

(2) "Radiopharmaceutical services" means those acts, services, operations and

transactions necessary in the conduct, operation, management and control of a

nuclear pharmacy, including, for example:

(a) The compounding, dispensing, labeling and delivery of radiopharmaceuticals;

(b) The participation in radiopharmaceutical utilization reviews; and

(3) "Radiopharmaceutical" means any substance defined as a drug in Section 201(g)(1)

of the Federal Food, Drug and Cosmetic Act which exhibits spontaneous disintegration

of unstable nuclei with the emission of nuclear particles or photons and includes any

of those drugs intended to be made radioactive. This includes nonradioactive reagent

kits and nuclide generators which are intended to be used in the preparation of any

such substance, but does not include drugs which are carbon-containing compounds

or potassium-containing compounds or potassium-containing salts which contain

trace quantities of naturally occurring radionuclides.

(4) "Radiopharmaceutical quality assurance" means the performance of appropriate

chemical, biological and physical tests on radiopharmaceuticals and the interpretation

of the resulting data to determine their suitability for use in humans and animals, and

it shall include, for example, internal test assessment, authentication of product

history and the keeping of proper records.

101

(5) "Internal test assessment" means conducting those tests necessary to insure the

integrity of the test.

(6) "Authentication of product history" means identifying the purchase source, the

ultimate use or disposition and any intermediate handling of any components of a

radiopharmaceutical.

(7) "Authorized practitioner" means a practitioner duly authorized by applicable

federal and state law to possess, use and administer radiopharmaceuticals. This

person shall be named on a radioactive materials license issued by the Radiation

Control Branch of the Cabinet for Human Resources.

(8) "Designated agent" means an individual who shall be under the direct supervision

of an authorized practitioner and who shall be authorized to communicate that

practitioner's instructions to a nuclear pharmacy.

(9) "Nuclear pharmacist" means a pharmacist licensed to practice in the

Commonwealth of Kentucky and who meets minimal standards of training and

experience in the handling of radioactive materials in accordance with the

requirements of the Radiation Control Branch of the Cabinet for Human Resources.

(10) "Direct supervision" means that the supervising nuclear pharmacist shall be

physically present in the general area or location where the supportive personnel are

performing supportive duties and shall conduct in-process and final checks.

Section 2. General Requirements for Pharmacies Providing Radiopharmaceutical Services.

(1) A license to operate a pharmacy providing radiopharmaceutical services shall only

be issued to a pharmacy operating under the direct supervision of a nuclear

pharmacist. All personnel performing tasks in the preparation and distribution of

radioactive drugs shall be under the direct supervision of a nuclear pharmacist. A

nuclear pharmacist shall be responsible for all operations of the licensed area and in

personal attendance at all times that the pharmacy is open for business.

(2) Nuclear pharmacies may be exempted from the general space requirements for

pharmacies, but shall:

(a) Have adequate space, commensurate with the scope of services required and

meeting Radiation Control Branch, Cabinet for Human Resources, requirements

established for all radioactive material licensees in the Commonwealth;

(b) Be separate from the pharmacy areas for nonradioactive drugs;

(d) Have a radioactive storage and decay area.

(3) The process used for handling radioactive materials by any license holder shall

involve appropriate procedures for the purchase, receipt, storage, manipulation,

compounding, distribution and disposal of radioactive materials as approved in a

Kentucky radioactive materials license. In order to ensure the public health and safety

in this respect, a nuclear pharmacy shall first meet the following general

environmental requirements where the handling of radiopharmaceutical materials

takes place:

(a) Proper ventilation so that radioactive materials cannot be airborne from that

environment to other nonoccupationally unrestricted areas;

(b) Proper location so that the receipt and dispersal of radioactive materials do

not result in inadvertent and undesired contamination of other nonoccupationally

labeled areas; and

102

ensure adequate safety and protection to personnel working in or near them and

to ensure proper operation of the corresponding assay equipment.

(4) Nuclear pharmacies shall maintain records of acquisition and disposition of all

radioactive drugs in accordance with administrative regulations of the Radiation

Control Branch of the Cabinet for Human Resources.

(5) A nuclear pharmacy, upon receiving an oral prescription for a radiopharmaceutical,

shall immediately have the prescription reduced to writing or recorded in a data

processing system, which writing or record shall contain at least the following:

(a) The name of the authorized user or his agent;

(b) The date of distribution and the time of administration of the

radiopharmaceutical;

(d) The name of the radiopharmaceutical;

(e) The dose or quantity of the radiopharmaceutical;

(f) The serial number assigned to the order for the radiopharmaceutical;

(g) Any specific instructions; and

(h) The patient's name, whenever an order is for a therapeutic or blood-product

radiopharmaceutical.

(6) The immediate outer container (shield) of a radioactive drug to be dispensed shall

be labeled with the:

(a) Standard radiation symbol;

(b) Words, "Caution-Radioactive Material";

(d) Chemical form;

(e) Amount of radioactive material contained in millicuries or microcuries;

(f) Volume in cubic centimeters, if a liquid;

(g) Requested calibration time for the radioactivity contained;

(h) Name, address, and telephone number of the nuclear pharmacy;

(i) Prescription number;

(j) Date; and

(k) Space for patient's name.

(7) The immediate container shall be labeled with the:

(a) Standard radiation symbol;

(b) Words, "Caution-Radioactive Material";

(d) Name of the radiopharmaceutical.

(8) Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with

acceptable professional standards of radiopharmaceutical quality assurance.

(9) A nuclear pharmacist may transfer to authorized persons, in accordance with the

provisions of a Kentucky radioactive materials license, radioactive materials not

intended for drug use and radiopharmaceuticals intended for individual patient use.

(10) Nuclear pharmacies shall comply with all applicable laws and regulations of

federal and state agencies including those laws and regulations governing

nonradioactive drugs. For nuclear pharmacies handling radiopharmaceuticals

exclusively, the Kentucky Board of Pharmacy may waive regulations pertaining to

pharmacy licenses for nonradiopharmaceuticals which requirements do not pertain to

the practice of nuclear pharmacy.

103

(11) Radioactive drugs are to be dispensed only upon a nonrefillable prescription

order from a Radiation Control Branch, Cabinet for Human Resources, licensed

medical practitioner (or the designated agent) authorized to possess, use and

administer radiopharmaceuticals.

(12) Prescription orders for delivery of radioactive drugs for use in the medical

practice of a Radiation Control Branch, Cabinet for Human Resources, licensed

medical practitioner may be placed on a telephone answering and recording device,

only if the practitioner (or the designated agent) is identified in such a manner that is

clearly recognized by the nuclear pharmacist dispensing the radioactive drug.

(13)(a) A nuclear pharmacist in charge of a nuclear pharmacy shall have the authority

to delegate to any qualified and properly trained person or persons, acting under

his direct supervision, any nuclear pharmacy act which a reasonable and prudent

nuclear pharmacist would find is within the scope of sound pharmaceutical

judgment to delegate.

(b) The delegation shall only occur if, in the professional opinion of the delegating

nuclear pharmacist-in-charge, the act may be properly and safely performed by

the person to whom the act is delegated.

violation of other statutes.

(d) Persons to whom nuclear pharmacy acts are delegated shall not hold

themselves out to the public as being authorized to practice pharmacy.

Section 3. Minimum Requirements for Space, Equipment, Supplies, and Library.

(1) Each nuclear pharmacy must meet the following requirements for space:

(a) The area for the storage, compounding, and dispensing of radioactive drugs

shall be completely separate from pharmacy areas for nonradioactive drugs;

(b) Hot lab and storage area shall be a minimum of 120 square feet; and

(2) Each nuclear pharmacy shall be equipped with at least the following items of

equipment:

(a) Dose calibrator;

(b) Refrigerator;

(d) Well scintillation counter;

(e) Microscope;

(f) Chromatagraphic apparatus or comparable means of effectively assuring

tagging efficiency;

(g) Portable radiation survey meter; and

(h) Other equipment deemed necessary for radiopharmaceutical quality assurance

for products compounded or dispensed as shall be determined by the Radiation

Control Branch, Cabinet for Human Resources, and the Kentucky Board of

Pharmacy.

(3) Each nuclear pharmacy shall have on the premises current editions or revisions of

the following reference materials:

(a) United States Pharmacopedia-National Formulary with supplements;

(b) State statutes and administrative regulations relating to pharmacy;

materials; and

104

(d) Text relating to the practice of nuclear pharmacy and radiation safety.

Section 4. Radiopharmaceutical Quality Assurance. The holder of a nuclear pharmacy license

shall be responsible for the radiopharmaceutical quality assurance of all

radiopharmaceuticals, including biologicals, dispensed or manufactured.

(19 Ky.R. 1462; 1742; eff. 1-27-93; Crt eff. 4-17-2019.)

201 KAR 2:220. Collaborative care agreements.

RELATES TO: KRS 315.010(4), 315.121, 315.040(4), 315.191(1)(a)

STATUTORY AUTHORITY: KRS 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the Board of

Pharmacy to promulgate administrative regulations to regulate and control matters relating

to pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale

distributors, and manufacturers. This administrative regulation establishes minimum

requirements for the development and maintenance of collaborative care agreements

between pharmacist and practitioner.

Section 1. A collaborative care agreement shall:

(1) Be in writing;

(2) Be signed and dated by:

(a) Each practitioner; and

(b) Each pharmacist who is a party to the agreement;

(3) Provide the method for referral of patients to be managed under the agreement;

and

(4) State the method for termination of the agreement.

Section 2. The following information relating to a patient managed under the collaborative

care agreement shall be maintained by the pharmacist:

(1) Name;

(2) Address and phone number;

(3) Emergency notification contact;

(4) Date of birth, weight, height, and gender;

(5) Medical history, including:

(a) Known diseases;

(b) Known allergies;

1. Prescription medications; and

2. Nonprescription medications;

(d) Current prescription regimen; and

(e) Current nonprescription regimen;

(6) Lab tests ordered, including results of lab tests;

(7) Assessment of patient outcomes;

(8) Notes relating to the care and course of therapy of the patient; and

(9) Documentation of patient consent to receive care under the collaborative care

agreement.

Section 3. Documentation relating to the care and course of therapy of the patient pursuant

to the agreement shall be documented in the patient’s record maintained by the

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pharmacist, provided to the collaborating practitioner, and be readily available to other

healthcare professionals providing care to the patient.

Section 4. A collaborative care agreement shall comply with KRS 315.010(4) and contain the

following information:

(1) Protocol, criteria, standing orders, or other method by which services are

authorized;

(2) The method established for the assessment of patient outcomes, if appropriate;

and

(3) Lab tests that may be ordered.

Section 5. A collaborative care agreement and information and records required by the

provisions of this administrative regulation shall be maintained:

(1) At the pharmacist’s practice site; and

(2) For at least five (5) years after termination.

(23 Ky.R. 3125; Am. 3807; 4109; eff. 6-16-97; 34 Ky.R. 2421; eff. 8-1-2008; 42 Ky.R.458; 1548; 1710; eff. 12-16-2015.)

201 KAR 2:225. Special pharmacy permit.

RELATES TO: KRS 217.015(5)(a), 315.010(9), 315.020, 315.035, 315.191(1)(a)

STATUTORY AUTHORITY: KRS 315.020, 315.035, 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations to regulate and control all matters set forth in KRS

Chapter 315 relating to pharmacist and pharmacies. The administrative regulation establishes,

consistent with the requirements of KRS 315.191(1)(a), minimum requirements for the

permitting of those entities that distribute medical gasses.

Section 1. Definitions.

(1) "Medical gases" means gases (including liquefied gases) classified by FDA as drugs

or devices that are used for medical applications and which may be stored and

administered through the use of medical gas related equipment, which may or may

not be required under federal or state law for the immediate container to bear the

label, “Rx only” or “Caution: Federal or State law prohibits dispensing without a

prescription.”

(2) "Special limited pharmacy permit" means a permit issued to a pharmacy that

provides miscellaneous specialized pharmacy service and functions.

Section 2. General Requirements.

(1) (a) An applicant for a special limited pharmacy permit for medical gasses shall

comply with the requirements of 201 KAR 2:180 , except Section 5 and 201 KAR

2:205, except that the pharmacist-in-charge designated on the special permit shall

be exempt from the requirements of 201 KAR 2:205, Section 2(2).

(b) The pharmacist-in-charge shall review the records and do an onsite visit of the

special limited pharmacy permit applicant for medical gasses not less than once

each quarter.

(2) An applicant for a special limited pharmacy permit for medical gasses shall prepare

and adopt a policy and procedures manual that sets forth a detailed description of

how the:

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(a) Operation will comply with applicable federal, state, or local laws or

administrative regulations; and

(b) Licensee will maintain the premises so that the medical gas remains secure and

complies with applicable compendial monographs of official pharmacopoeias.

(3) An applicant for a special limited pharmacy permit for medical gasses shall be

inspected by the board prior to the issuance of the license.

Section 3. Qualifications for License.

(1) The board shall consider the following in reviewing the qualifications of an

applicant for a special limited permit for medical gases:

(a) The applicant's experience in the sale or distribution of prescription drugs,

including controlled substances;

(b) A felony conviction of the applicant under federal, state, or local laws;

application for:

1. A special limited pharmacy permit for medical gases; or

2. A federal or state medical assistance program;

(d) Suspension or revocation of an applicant's license or permit by federal, state,

or local government; and

(e) Compliance with requirements under a previously granted license or permit.

(2) The board shall deny an application for a special limited pharmacy permit for

medical gases, if an applicant has:

(a) Been convicted for a violation of federal, state, or local laws relating to:

1. The practice of pharmacy;

2. Drugs; or

3. Federal or state medical assistance programs.

(b) Furnished false or fraudulent material in the application for a special limited

pharmacy permit for medical gases;

1. Board; or

2. Federal, state, or local law enforcement officials;

(d) Failed to comply with applicable federal, state, and local laws and regulations

relating to medical gases; or

(e) Failed to provide appropriate land, buildings, and security necessary to

properly carry on the business described in his application.

Section 4. License Fees; Renewals. An applicant shall submit:

(1) An initial or renewal application for a special limited pharmacy permit for medical

gases on either the Application for Special Limited Pharmacy Permit – Medical Gas or

the Application for Special Limited Pharmacy Permit – Medical Gas Renewal; and

(2) As appropriate, the:

(a) Initial application fee established by 201 KAR 2:050, Section 1(9); or

(b) Renewal fee established by Section 201 KAR 2:050; Section 1(10).

Section 5. Incorporation By Reference.

(1) The following material is incorporated by reference:

(a) "Application for Special Limited Pharmacy Permit – Medical Gas”, May 2019; and

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(b) “Application for Special Limited Pharmacy Permit – Medical Gas Renewal”, May

2019.

(2) This form may be obtained, inspected, or copied, subject to applicable copyright

law, at the Kentucky Board of Pharmacy, 125 Holmes Street, Suite 300, Frankfort,

Kentucky 40601-8204, 8 a.m. to 4:30 p.m., Monday through Friday.

(23 Ky.R. 4021; 24 Ky.R. 329; eff. 7-16-97; 45 Ky.R. 3456, 46 Ky.R. 412; eff. 8-19-2019.)

201 KAR 2:230. Special limited pharmacy - central refill pharmacy.

RELATES TO: KRS 315.010(9), 315.020, 315.035, 315.191(1)(a)

STATUTORY AUTHORITY: KRS 315.020, 315.035, 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.020 requires that prescription drugs,

medicines, and pharmaceuticals be dispensed or manufactured by a licensed pharmacist.

KRS 315.035 requires that all pharmacies hold a permit issued by the board. This

administrative regulation establishes, consistent with the requirements of KRS

315.191(1)(a), minimum requirements for the permitting of those pharmacies that package,

label and distribute refill prescriptions to pharmacies in the Commonwealth.

Section 1. Definition. "Central refill pharmacy" means a pharmacy located in the

Commonwealth that provides packaging, labeling and delivery of a refill prescription

product to another pharmacy for the purpose of the refilling of a valid prescription.

Section 2. The central refill pharmacy shall:

(1) Either:

(a) Have a written contract with the pharmacy which has custody of the original

prescription authorization for refill dispensing; or

(b) Be under common ownership with that pharmacy;

(2) Prepare the label for the refill prescription product which clearly identifies the

name and address of the pharmacy preparing the product for refill dispensing and

the name and address of the pharmacy that will receive the prepared product for

dispensing to the patient;

(3) In addition to its obligation to maintain complete and accurate records of drug

products received and otherwise disposed of, maintain complete and accurate

records of the preparation of the refilled prescription product, including the name of

the:

(a) Pharmacist who verified the accuracy of the refilled prescription product;

(b) Pharmacy preparing the refilled prescription product; and

(4) Provide the originating pharmacy with written information that describes how a

patient may contact the central refill pharmacy if the patient has any questions

about the preparation of the prescription refill; and

(5) Be responsible for ensuring that the order has been properly prepared and

verified by a pharmacist.

Section 3. The pharmacy to which a prepared prescription refill product is delivered shall:

(1) In addition to its obligation to maintain complete and accurate records of drug

products received and otherwise disposed of, maintain complete and accurate

records of the receipt and dispensing of the centrally refilled prescription product,

including the name of the:

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(a) Pharmacist who verified the accuracy of the refilled prescription product

prior to its dispensing; and

(b) Pharmacy preparing the refilled prescription product;

(2) Be responsible for ensuring that the refill has been properly prepared, packaged

and labeled;

(3) Provide the patient with written information that described how a patient may

contact either:

(a) The central refill pharmacy if the patient has any questions about the

preparation of the prescription refill; or

(b) the dispensing pharmacy if the patient has any questions about the use of

the medication; and

(4) Be responsible for adherence to the requirements of 201 KAR 2:210.

(26 Ky.R. 1735; Am. 2238; eff. 6-12-2000; 35 Ky.R. 1851; eff. 3-11-09.)

201 KAR 2:240. Special limited pharmacy - charitable pharmacy.

RELATES TO: KRS 315.035

STATUTORY AUTHORITY: KRS 315.020, 315.030, 315.035, 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations to prescribe the criteria for obtaining a pharmacy

permit to dispense legend drugs and the procedures for the safe dispensing of legend drugs to

citizens of the Commonwealth. This administrative regulation identifies the manner and

procedure by which a charitable organization may obtain a pharmacy permit and dispense

legend drugs in the Commonwealth.

Section 1. Definitions.

(1) "Charitable organization" means an organization qualified as a charitable

organization pursuant to Section 501(c)(3) of the Internal Revenue Code.

(2) "Legend drug sample" means an unopened package of a manufacturers legend

drug product that has been distributed to either a practitioner or the charitable

pharmacy in accordance with the provisions of the Prescription Drug Marketing Act of

1987.

(3) "Qualified indigent patient" means a patient of the charitable pharmacy that has

been screened and approved by the charitable organization as meeting the

organization’s mission of providing pharmaceutical care to those who are without

sufficient funds to obtain needed legend drugs.

(4) “Special limited pharmacy permit” means a permit issued to a pharmacy that

provides miscellaneous specialized pharmacy service and functions

Section 2.

(1) A charitable pharmacy:

(a) Shall comply with all pharmacy permit requirements except those specifically

exempted by the board pursuant to paragraph (b) of this subsection; and

(b) May petition the board in writing to be exempted from those pharmacy permit

requirements that do not pertain to the operation of that charitable pharmacy.

(2) The charitable pharmacy only shall dispense prescription legend drug samples or

prescription legend drugs to qualified indigent patients of the pharmacy.

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(3) The charitable pharmacy shall not charge any fee for the dispensing of prescription

legend drug samples or prescription legend drugs to qualified indigent patients of the

pharmacy.

(4) A charitable pharmacy may accept prescription legend drugs in their unbroken

original packaging from pharmacies, wholesalers, or manufacturers, provided

appropriate records of receipt and dispensing are maintained.

(5) A charitable pharmacy shall not:

(a) Accept controlled substances from pharmacies, wholesalers, or manufacturers;

(b) Dispense controlled substances.

(6) A pharmacy that requests a special limited pharmacy permit - charitable shall

submit to the board for prior approval, a plan describing the method by which the

charitable pharmacy and the pharmacy will maintain a separate and distinct

prescription drug stock. The failure of either pharmacy to follow the plan shall result in

revocation of the special limited pharmacy permit – charitable and the pharmacy

permit.

Section 3. License Fees; Renewals. An applicant shall submit:

(1) An initial or renewal application for a special limited pharmacy permit – charitable

pharmacy on either Application for Special Limited Pharmacy Permit – Charitable

Pharmacy or the Application for Special Limited Pharmacy Permit – Charitable

Pharmacy Renewal; and

(2) As appropriate, the:

(a) Initial application fee established by 201 KAR 2:250, Section 1(9); or

(b) Renewal fee established by 201 KAR 2:250, Section 1(10) and (11).

Section 4. Incorporate By Reference.

(1) The following material is incorporated by reference:

(a) “Application for Special Limited Pharmacy Permit – Charitable Pharmacy”, May

2019; and

(b) “Application for Special Limited Pharmacy Permit – Charitable Pharmacy

Renewal”, May 2019.

(3) This form may be obtained, inspected, or copied subject to applicable copyright

law at the Kentucky Board of Pharmacy, 125 Holmes Street, Suite 300, Frankfort,

Kentucky 40601, 8 a.m. to 4:30 p.m., Monday through Friday.

(27 Ky.R. 254; Am. 739; eff. 9-11-2000; 45 Ky.R. 3458; 46 Ky.R. 413; eff. 8-19-2019.)

201 KAR 2:250. Pharmacist Recovery Network Committee.

RELATES TO: KRS 315.121(1)(d), 315.126

STATUTORY AUTHORITY: KRS 315.126(3), 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.126(1) requires the Board of Pharmacy

to establish a pharmacy recovery network committee (PRNC). This administrative regulation

establishes minimum requirements for the establishment and operation of the PRNC. This

administrative regulation specifies the manner by which the board’s PRNC consultant works

with the board in intervention, evaluating and treating a pharmacist or intern, and providing

for continuing care and monitoring by the consultant through a treatment provider.

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Section 1. The board’s Pharmacist Recovery Network Committee (PRNC) consultant shall be

a pharmacist licensee of the board. The consultant shall assist the Case Review Committee

(CRC) and the PRNC in carrying out their respective responsibilities. This shall include

working with the board’s inspectors and investigators to determine whether a pharmacist

or intern is in fact impaired.

Section 2. If a pharmacist or intern self reports impairment as a result of the misuse or

abuse of alcohol or drugs, or both; or if the board receives a legally sufficient complaint

alleging that a pharmacist or intern is impaired as a result of the misuse or abuse of alcohol

or drugs, or both, and no complaint against the pharmacist or intern other than impairment

exists, the reporting of any impairment information to the board shall be forwarded to the

consultant and shall not constitute grounds for discipline, if the PRNC finds the pharmacist

or intern has:

(1) Acknowledged the impairment problem;

(2) Voluntarily enrolled in an appropriate, approved treatment program;

(3) Voluntarily withdrawn from practice or limited the scope of practice as required

by the consultant, in each case, until the PRNC is satisfied the licensee has

successfully completed an approved treatment program; and

(4) Executed releases for medical records, authorizing the release of all records of

evaluations, diagnoses, and treatment of the licensee, including records of

treatment for emotional or mental conditions, to the consultant. The consultant

shall not make copies or reports of records that do not regard the issue of the

licensee’s impairment and his or her participation in a treatment program.

Section 3.

(1) A treatment provider shall disclose to the consultant or board if applicable all

information in its possession regarding the issue of a pharmacist's or intern's

impairment and participation in the treatment program. Failure of the treatment

provider to provide information to the consultant shall be a basis for the withdrawal

of the use of the program or provider.

(2) If in the opinion of the consultant or PRNC, an impaired pharmacist or intern has

not progressed satisfactorily in a treatment or recovery program, all information

regarding the issue of a pharmacist's or intern's impairment and participation in a

treatment or recovery program in the consultant’s possession shall be disclosed to

the board. That disclosure shall constitute a complaint.

Section 4. All information concerning a pharmacist or intern held by the consultant, PRNC,

CRC, or board shall remain confidential.

Section 5.

(1) The PRNC shall be comprised of eleven (11) members. The members shall

include:

(a) The President of the Board of Pharmacy;

(b) The Chair of the PRNC;

(d) Eight (8) other members, of which seven (7) shall be pharmacists and one (1)

shall be a citizen member.

(2) (a) All members shall have the same rights, which include voting privileges.

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(b) A member of the PRNC shall not be on the board, except the President of the

Board.

proposed member shall be reported to the board prior to consideration for

appointment.

(d) There may be no more than four (4) members in successful recovery on the

PRNC.

(e) A pharmacist under a Pharmacist Recovery Network Agreement shall not

serve on the PRNC.

(3) (a) A PRNC member may be appointed by the board a maximum of three (3),

four (4) year terms.

(b) A PRNC member shall not serve more than (2) terms consecutively.

PRNC for at least two (2) years.

(d) A committee member shall serve no more than twelve (12) years on the

PRNC.

(e) The President of the Board, the PRNC Consultant, and the Executive Director

of the Board membership on the PRNC shall not constitute a twelve (12) year

term.

(f) Membership of the PRNC shall be selected by the board from a list of

qualified candidates submitted by an interested individual or entity.

(4) A member of the PRNC who becomes impaired, relapses, has any criminal

conviction, or has any disciplinary action by a licensure board shall immediately

resign from the PRNC.

(5) The board by majority vote, with the recusal of the President of the Board, may

remove a member of the PRNC for any of the following reasons:

(a) Refusal or inability of a committee member to perform duties as a member

of the committee in an efficient, responsible, and professional manner;

(b) Misuse of the committee by a member to obtain personal, pecuniary, or

material gain or advantage for the member or others; and

(28 Ky.R. 1517; 1793; eff. 2-7-2002; 33 Ky.R. 4201; 34 Ky.R. 229; eff. 8-16-07; Crt eff. 4-17-2019.)

201 KAR 2:260. Automated Pharmacy System in Residential Hospice Facilities.

RELATES TO KRS 315.010(9), 315.020, 315.035, 315.295, 315.300, 216B3195

STATUTORY AUTHORITY: KRS 315.035, 315.191(1)(a), 315.295

NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.020(1) requires that prescription drugs,

medicines, and pharmaceuticals be dispensed or manufactured by a licensed pharmacist.

KRS 315.295 authorizes the board to regulate an automated pharmacy system in a

residential hospice facility. This administrative regulation establishes the standards for the

operation of this type of system.

Section 1. Definitions.

(1) "Automated Pharmacy System" is defined by KRS 315.295(1)(a).

(2) "Residential Hospice Facility" is defined by KRS 315.295(1)(b).

Section 2. Responsibility. The pharmacist-in-charge of a pharmacy utilizing an automated

pharmacy system shall be responsible for all of the following:

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(1) Assuring that the automated pharmacy system is in good working order and

accurately dispenses the correct strength, dosage form, and quantity of drug

prescribed and complying with the recordkeeping and security safeguards pursuant

to Section 3 of this administrative regulation;

(2) Assuring medications are reviewed by a pharmacist prior to access;

(3) Implementing an ongoing quality assurance program that monitors performance

of the automated system, which is evidenced by written policies and procedures;

and

(4) Notifying the board with prior written notice of the installation or removal of an

automated pharmacy system. This notification shall include the following:

(a) Name and address of pharmacy;

(b) Initial location of the automated pharmacy system. The automated pharmacy

system may thereafter be relocated within the pharmacy or health care facility

without providing subsequent notification to the board; and

(5) Assigning, discontinuing or changing personnel access to the system;

(6) Assuring that access to the medications comply with state and federal laws; and

(7) Assuring that the automated pharmacy system is stocked accurately and that the

automated pharmacy system stock is checked monthly in accordance with

established written policies and procedures, including the following:

(a) Accuracy;

(b) Integrity; and

Section 3. Standards. An automated pharmacy system shall comply with the following

provisions:

(1) A pharmacy shall maintain on-site the following documentation relating to an

automated pharmacy system:

(a) Name and address of the pharmacy or inpatient health care facility where

the system is being used;

(b) The automated pharmacy system manufacturer’s name, model, and serial

number;

(d) Written quality assurance procedures to determine continued appropriate

use of the system; and

(e) Written policies and procedures for system operation, safety, security,

accuracy, access and malfunction.

(2) All written policies and procedures shall be maintained in the pharmacy

responsible for the automated pharmacy system.

(3) An automated pharmacy system shall maintain adequate security systems and

procedures, evidenced by written policies and procedures to prevent unauthorized

access to maintain patient confidentiality and to comply with federal and state laws.

(4) Records and data kept by the automated pharmacy system shall meet the

following requirements:

(a) All events involving the contents of the automated pharmacy system shall be

recorded electronically; and

(b) Records shall be maintained by the pharmacy and be available to the Board

and shall include the following:

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1. The time and location of the system accessed;

2. Identification of the individual accessing the system;

3. Type of transaction;

4. Name, strength, dosage form and quantity of drug accessed;

5. Name of the patient for whom the drug was ordered;

6. The prescription number;

7. The name of the prescriber; and

8. All events involving user database modifications shall be recorded

electronically and maintained.

(5) The stocking of all medications in the automated pharmacy system shall be done

by a pharmacist, pharmacist intern, or pharmacy technician, who shall be under the

general supervision of a pharmacist on-site.

(6) A record of medications stocked into an automated pharmacy system shall be

maintained for five (5) years and shall include identification of the person stocking

and pharmacist checking for accuracy.

(7) All containers of medications stored in the automated pharmacy system shall be

packaged and labeled in accordance with federal and state laws.

(8) The automated pharmacy system shall provide a mechanism for securing and

accounting for medications removed from and subsequently returned to the

automated pharmacy system, in accordance with federal and state laws.

(9) The automated pharmacy system shall provide a mechanism for securing and

accounting for medications returned to the system and accounting for wasted

medications in accordance with federal and state laws.

(33 Ky. R. 3305; 3602; eff. 6-20-2007; Crt eff. 4-17-2019.)

201 KAR 2:270. Expungement.

RELATES TO: KRS 315.121(6), 315.191(1)(a)

STATUTORY AUTHORITY: KRS 315.121(6), 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations relating to pharmacists. KRS 315.121(6) requires the

board to promulgate administrative regulations to establish violations that are considered

minor and subject to expungement. This administrative regulation establishes the violations

considered minor and the criteria and procedure for expungement.

Section 1. Definition. "Expungement" means that:

(1) The affected records shall be sealed;

(2) The proceedings to which they refer shall be deemed not to have occurred; and

(3) The affected party may properly represent that no record exists regarding the

matter expunged.

Section 2. Minor Violations and Expungement Procedure.

(1) The following violations are to be considered minor in nature:

(a) Any unlicensed, unregistered, or unpermitted practice occurring no more

than seven (7) days after the expiration of the license, registration, or permit

due to failure to timely renew a license, registration, or permit;

(b) Failure to timely obtain required continuing education; and

manufacturer, or distributor closures.

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(2) A licensee, registrant, or permit holder seeking expungement of a record of a

disciplinary action resulting from a violation designated in subsection (1) of this

section shall, in accordance with KRS 315.121(6):

(a) Not have been the subject of a subsequent violation of the same nature for a

period of three (3) years after the date of completion of disciplinary sanctions

imposed for the violation sought to be expunged; and

(b) Submit a written request to the board.

(3) The board shall consider each request and shall, if the conditions of subsection

(2) of this section are satisfied, expunge every record under its custody relating to

the subject disciplinary order.

(29 Ky.R. 2196; 2447; eff. 4-11-03; 45 Ky.R. 3460, 46 Ky.R. 414; eff. 8-19-2019.)

201 KAR 2:280. Prescription dispensing for formulary Compliance.

RELATES TO: KRS 217.814, 315.191

STATUTORY AUTHORITY: KRS 315.191(1)(a), (f)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) authorizes the board to

promulgate administrative regulations necessary to regulate and control all matters set

forth in KRS Chapter 315 relating to pharmacists. KRS 315.191(1)(f) authorizes the board to

promulgate administrative regulations to control the storage, retrieval, dispensing, refilling,

and transfer of prescription drug orders within and between qualifying pharmacists and

pharmacies. This administrative regulation establishes procedural and substantive

requirements for dispensing an equivalent drug product pursuant to a practitioner declaration

of formulary compliance approval.

Section 1. Dispensing.

(1) A pharmacist may dispense a therapeutic equivalent drug product under the

following conditions:

(a) The ordering practitioner has indicated "formulary compliance approval" on

the prescription, in one of the following ways:

1. In the practitioner's own handwriting; or

2. By checking a "formulary compliance approval" box on a preprinted form;

(b) The pharmacist receives a formulary change as a consequence of the

patient's third-party plan; and

same therapeutic class as the prescribed drug.

(2) The pharmacist, within twenty-four (24) hours of the formulary compliance

substitution, shall notify the ordering practitioner, in an original writing or by

facsimile:

(a) That the pharmacist engaged in formulary compliance; and

(b) The therapeutic equivalent drug product that was dispensed.

Section 2. The pharmacist may make adjustments in the quantity and directions to provide

for an equivalent dose of the preferred formulary therapeutic alternative.

(29 Ky.R. 2197; 2447; eff. 4-11-03; Crt eff. 4-17-2019)

201 KAR 2:300. Common database.

RELATES TO: KRS 315.020, 315.035, 315.0351

STATUTORY AUTHORITY: KRS 315.035, 315.0351, 315.191(1)(a), (f)

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NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.035 and 315.0351 require that

prescription drugs, medicines, and pharmaceuticals be dispensed or manufactured by a

licensed pharmacist. KRS 315.191(1)(a) and (f) authorize the Kentucky Board of Pharmacy to

promulgate administrative regulations pertaining to pharmacies; pharmacists; and the

storage, retrieval, dispensing, refilling, and transfer of prescription drug orders. This

administrative regulation establishes minimum requirements for prescription drug orders

within and between pharmacists and pharmacies.

Section 1. Definition. "Common Database" means information shared among pharmacists

and pharmacies for the purpose of dispensing medications or providing other forms of

pharmacist care to a patient.

Section 2. The use of a common database shall not constitute a transfer as established in

201 KAR 2:165, provided that the following conditions are met:

(1) All pharmacies involved in the transactions pursuant to which the prescription is

dispensed shall be under common ownership and utilize a common database;

(2) All pharmacies involved in the transactions pursuant to which the prescription is

dispensed and all pharmacies engaging in dispensing functions shall be properly

permitted in Kentucky pursuant to KRS 315.035 or 315.0351.

(3) A pharmacist who provides a pharmacy service on a prescription dispensed in

Kentucky shall be licensed in Kentucky;

(4) The common database shall maintain a record of all pharmacists, pharmacist

interns, and pharmacy technicians involved in the process of dispensing a

prescription;

(5) The owner of the common database shall maintain a policy and procedure

manual that governs its participating pharmacies, pharmacists, and pharmacy

employees and that is available to the board or its agents upon request within five

(5) business days and which shall include:

(a) A procedure detailing how each pharmacy and each pharmacist accessing the

common database shall comply with applicable federal and state laws, rules, and

regulations;

(b) The procedure for maintaining appropriate records for regulatory oversight

for tracking a prescription during each stage of the filling and dispensing

process, identifying the pharmacists involved in filling and dispensing the

prescription and counseling the patient, and responding to any requests for

information made by the board;

confidentiality and integrity of patient information; and

(d) A quality assurance program designed to objectively and systemically

monitor, evaluate, and improve the quality and appropriateness of patient care

through the use of a common database; and

(6) A pharmacist dispensing a prescription shall at all times exercise independent

professional judgment and shall be responsible for his or her actions and the

professional actions of those individuals the pharmacist is required to supervise.

(34 Ky.R. 2252; 2390; eff. 6-6-2008; Crt.eff. 4-17-2019)

201 KAR 2:310. Compounding for a practitioner’s office or institutional administration.

RELATES TO KRS 315.191(1)(a).

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STATUTORY AUTHORITY: KRS 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1)(a) requires the board to

promulgate administrative regulations to regulate and control all matters relating to

pharmacists, pharmacist interns, pharmacy technicians, and pharmacies. This administrative

regulation addresses compounding for use by a practitioner’s office administration or

institutional administration.

Section 1. A pharmacist, pharmacist intern, or pharmacy technician may prepare a

compounded drug for a practitioner’s office administration or institutional administration.

Section 2. A compounded drug that contains a controlled substance shall not be

compounded for office or institutional administration.

Section 3. The pharmacist shall receive a written, verbal, facsimile, or electronic request for

a compounded drug from a practitioner, indicating the formulation, strength, and quantity

ordered.

Section 4. Label Requirements. A label shall be generated for the compounded drug and

shall include:

(1) The name of the practioner;

(2) The designated name and strength of the compounded drug;

(3) The quantity dispensed;

(4) A lot or batch number of the compounded drug;

(5) The beyond use date for the compounded drug;

(6) The date the compounded is dispensed;

(7) The pharmacy's name, address, and telephone number;

(8) Any special storage requirements;

(9) A notation stating "For Office or Institutional Administration Only-Do Not

Dispense to Patient;

(10) Any auxiliary label required for the compounded drug.

Section 5. The compounded drug shall be administered in the practitioner’s office or

institution and shall not be dispensed to the patient.

Section 6. The prescription for the compounded drug shall be kept pursuant to 201 KAR

2:170.

(35 Ky.R. 1954; 2006; eff. 3-11-09.)

201 KAR 2:320. Permit requirements for manufacturers.

RELATES TO: KRS 315.020(2), 315.036, and 315.191(1)

STATUTORY AUTHORITY: KRS 315.020(2), 315.036, 315.191(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.036 and 315.191(1) authorizes the

board to promulgate administrative regulations to regulate the manufacturers of drugs. KRS

315.036 authorizes the board to promulgate administrative regulations regarding

manufacturer permits and the maintenance and reporting of accurate records of all drugs

manufactured, received and sold. KRS 315.020(2) authorizes the Board to promulgate

administrative regulations regarding the pharmacist-in-charge. This administrative

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regulation establishes the requirements for a manufacturer permit and for functioning as a

manufacturer.

Section 1. Requirements.

(1) A manufacturer shall apply for a permit from the board in accordance with KRS

315.036 and this administrative regulation.

(2) A separate permit shall be required for each facility within the Commonwealth

regardless of whether joint ownership or control exists.

(3) An agent or employee of a permit holder shall not be required to obtain a permit

under this section when the agent or employee is acting in the usual course of

business or employment.

(4) A permit shall not be issued or renewed unless the applicant or its officers

demonstrates or continues to demonstrate acceptable operational procedures,

including:

(a) Adequate maintenance and storage conditions to ensure proper lighting,

ventilation, temperature and humidity control, sanitation, space, and security as

per label requirements or current year United States Pharmacopoeia (USP)

compendium requirements. Appropriate manual, electromechanical, or

electronic temperature and humidity recording equipment, devices, or logs shall

be utilized to document proper storage of prescription drugs;

(b) Physical separation and quarantine of deteriorated, damaged, outdated,

misbranded, adulterated, or otherwise recalled merchandise until they are

destroyed or returned;

including source or recipient, date, quantity, itemized description, and any other

information pertinent to the transaction;

(d) Providing proof of registration with the state controlled substance authority,

and with the U.S. Drug Enforcement Administration and compliance with all DEA

regulations.

Section 2. Qualifications for Permit.

(1) (a) The Kentucky Board of Pharmacy shall consider, at a minimum, the following

factors in reviewing the qualifications of persons who engage in manufacturer of

prescription drugs within the Commonwealth:

1. Any convictions of the officers of the applicant under any federal, state, or

local laws;

2. The applicant's past experience in the manufacture of prescription drugs,

including controlled substances;

3. The furnishing by the applicant of false or fraudulent material in any

application made in connection with drug manufacturing;

4. Suspension or revocation by federal, state, or local government of any

license or permit currently or previously held by the applicant or its officers

for the manufacture of any drugs, including controlled substances;

5. Compliance with the requirements under any previously granted license

or permit, if any; and

6. Compliance with requirements to maintain or make available to the

Kentucky Board of Pharmacy or to federal, state, or local law enforcement

officials those records required under this section.

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(b) The Kentucky Board of Pharmacy shall have the right to deny a permit to an

applicant or its officers if it determines that the granting of that permit would

not be in the public interest for any reason established in KRS 315.121.

(2) A permit shall not be issued pursuant to this administrative regulation unless the

applicant or its officers has furnished proof satisfactory to the Board of Pharmacy:

(a) That the applicant and its officers are in compliance with all applicable

federal and state laws and regulations relating to drugs; and

(b) That the applicant and its officers are equipped as to land, buildings, and

security to properly carry on the business described in the application.

(3) A permitted manufacturer may sell or distribute federal legend drugs only to the

following:

(a) A currently permitted manufacturer;

(b) A currently licensed wholesale distributor;

(d) A currently licensed practitioner;

(e) A currently licensed hospital, but only for use by or in that hospital; or

(f) A person in charge of a laboratory, but only for use in that laboratory for

scientific and medical research purposes.

(4) A permit holder may be disciplined for failure to comply with the provisions of

KRS 315.036, pursuant to KRS 315.121, or this administrative regulation.

Section 3. Application, Fees; Renewals.

(1) An application for a permit shall be submitted to the Board of Pharmacy on

Application for a Permit to Operate as a Manufacturer (KBP M 5:09).

(2) An application shall be accompanied by the annual fee set forth in 201 KAR

2:050.

(3) An application shall include:

(a) The name, full business address, and telephone number of the applicant;

(b) All trade or business name used by the applicant;

facility used by the permittee for the storage, handling, and manufacturing of

prescription drugs;

(d) The type of ownership or operation (i.e. partnership, corporation, or sole

proprietorship);

(e) The name(s) of the owner and operator of the permittee, including;

1. If a person, the name and Social Security number of the person;

2. If a partnership, the name and Social Security number of each partner,

and the name of the partnership;

3. If a corporation, the name, Social Security number and title of each

corporate officer and director, the corporate names, and the name of the

state of incorporation; and

4. If a sole proprietorship, the full name and social security number of the

sole proprietor and the name of the business entity; and

(f) A list of all licenses and permits issued to the applicant by any other state that

authorizes the applicant to manufacture or possess prescription drugs.

(4) All permits shall:

(a) Expire on September 30 following the date of issuance; and

(b) Be:

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1. Renewable annually thereafter upon proper application accompanied by

the renewal fee set forth in 201 KAR 2:050; and

2. Nontransferable.

Section 4. Standards.

(1) Facilities.

(a) All buildings in which legend drugs are repackaged, stored, held, sold, offered

for sale, exposed for sale, or kept for sale shall be of suitable size, construction,

and location to facilitate cleaning, maintenance, and proper operations.

(b) Buildings shall meet all applicable federal, state, and local standards. The

facility shall have a quarantine area for storage of prescription drugs that are

outdated, damaged, deteriorated, misbranded, or adulterated, or that are in

immediate or sealed secondary containers that have been opened.

(2) Security.

(a) A manufacturer shall be equipped with an alarm system to detect entry after

hours.

(b) A manufacturer shall ensure that access from outside their premises is well-

controlled and reduced to a minimum. This includes the installation of adequate

lighting at the outside perimeter of the premises.

against theft and diversion by limiting access to areas where legend drugs are

held to authorized personnel. These policies shall provide protection against

tampering with computers or electronic records.

(d) A permit holder shall employ adequate personnel with the education and

experience necessary to safely and lawfully engage in the manufacturer of

prescription drugs.

(e) Lists of officers, directors, managers and other persons in charge of

distribution, storage, and handling of prescription drugs, including a description

of their duties and summary of their qualifications, shall be maintained for

purpose of review.

(3) Recordkeeping.

(a) Inventories and other records of transactions regarding the receipt and

disposition of legend drugs shall be maintained and readily available for

inspection or photocopying by authorized law enforcement officials for a period

of two (2) years following disposition of the drugs. These records shall include:

1. The source of the drugs including the name and principal address of the

seller or transferor and the address of the location from which the drugs

were shipped;

2. The identity and quantity of the drugs received and distributed or

disposed of; and

3. The dates of receipt and distribution or other distribution of the drugs.

(b) Records described in this section that are kept at the inspection site or that

can be immediately retrieved by computer or other electronic means shall be

readily available for authorized inspection during the retention period. Records

kept at a central location apart from the inspection site and not electronically

retrievable shall be made available for inspection within two (2) working days of

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a request by an authorized official of a federal, state, or local law enforcement

agency.

(4) Written policies and procedures.

(a) A manufacturer shall establish, maintain, and adhere to written policies and

procedures for the receipt, security, storage, inventory, and distribution of

prescription drugs, including policies and procedures for identifying, recording,

and reporting losses or thefts and to ensure that the manufacturer prepares for,

protects against, and handles crisis situations that affect the security or

operation of the facility. These crises shall include fires, floods, or other natural

disasters, and situations of local, state, or national emergency.

(b) There shall be written policies and procedures for managing and correcting

all errors or inaccuracies in inventories.

stock or any stock with an expiration date that, in the manufacturer's view, does

not allow sufficient time for repacking or resale shall be segregated from other

stock and shall be prepared for return or otherwise destroyed, and this shall be

documented.

(d) There shall be written policies and procedures by which the manufacturer

exercises control over the shipping and receiving of all stock within the

operation.

(5) Returned, damaged, and outdated prescription drugs. A manufacturer’s

operation shall maintain and follow a written procedure to assure the proper

handling and disposal of returned goods. If conditions under which a prescription

drug has been returned cast doubt on the drug's safety, identity, strength, quality,

or purity, then the drug shall be destroyed, or returned to the supplier, unless

examination, testing, or other investigation proves that the drug meets appropriate

standards of safety, identity, strength, quality, and purity. In determining whether

the conditions under which a drug has been returned cast doubt on the drug's

safety, identity, strength, quality, or purity, the manufacturer shall consider, among

other things, the conditions under which the drug has been held, stored, or shipped

before or during its return and the condition of the drug and its container, carton, or

labeling, as a result of storage or shipping.

(6) Handling recalls. A manufacturer shall adopt, maintain, and follow a written

policy for handling recalls and withdrawals of products. The policy shall cover all

recalls and withdrawals of drug products due to:

(a) Any voluntary action on the part of the manufacturer;

(b) The direction of the Food and Drug Administration, or any other federal,

state, or local government agency; and

package design.

(7) (a) A visual examination of all materials received or shipped shall be made to

guarantee product identity and to reasonably guard against acceptance or

delivery of damaged, contaminated, tampered, or otherwise unfit stock.

(b) Procedures for distribution of approved stock shall provide for a rotation

whereby the first expiration inventory is distributed first.

state, or local laws or regulations that relate to prescription drug product

salvaging or reprocessing.

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Section 5. Pharmacist-in-charge. A manufacturer shall designate a pharmacist-in-charge of

the facility who shall be responsible to the board for security and recordkeeping. The

pharmacist-in-charge shall review the security and records by conducting an on-site

inspection not less than quarterly.

Section 6. Violations.

(1) A drug manufacturer shall not distribute legend drugs directly to a consumer or a

patient or operate in a manner that endangers the public health.

(2) Violation of any of these provisions shall be grounds for the discipline of the

permit pursuant to KRS 315.121.

Section 7. Incorporation by Reference.

(1) "Application for a Permit to Operate as a Manufacturer", 6/09, is incorporated by

reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

Building, Suite 302, 2624 Research Park Drive, Lexington, Kentucky 40511, Monday

through Friday, 8 a.m. through 4:30 p.m. *

(36 Ky.R. 618; Am. 778; eff. 10-21-09.)

* PLEASE NOTE: The Board’s address has changed since this regulation went into effect. The

current address for the Board is The Kentucky Board of Pharmacy, State Office Building

Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601.

201 KAR 2:330. Emergency pharmacy powers.

RELATES TO KRS 39A.100, 315.500

STATUTORY AUTHORITY: KRS 315.191, 315.505

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.500 establishes the conditions under

which a pharmacy may operate temporarily in an area not designated on the pharmacy

permit pursuant to an executive order issued by the Governor pursuant to KRS 39A.100.

315.191 authorizes the Board of Pharmacy to promulgate administrative regulations

governing pharmacists and pharmacies. This administrative regulation sets out the

conditions whereby a prescription may be refilled pursuant to an executive order issued by

the Governor as authorized by KRS 315.500 when the prescriber is unavailable. This

administrative regulation sets out the conditions whereby a pharmacy may operate

temporarily in an area not designated on the pharmacy permit pursuant to an executive

order issued by the Governor as authorized by KRS 315.500.

Section 1. If a pharmacist receives a request for a prescription refill with no refill authorized

and the pharmacist is unable to readily obtain refill authorization from the prescriber, the

pharmacist may dispense an emergency refill of up to a thirty (30) day supply of the

medication if:

(1) The Governor has issued an executive order as authorized by KRS 315.500 for the

county where the pharmacy is located;

(2) The pharmacist obtains prescription information from:

(a) A prescription label;

(b) A prescription record within the pharmacy;

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(d) A common database;

(e) The patient; or

(f) Any other healthcare record;

(3) The prescription refill is not for a controlled substance;

(4) The prescription is for a maintenance medication;

(5) In the pharmacist’s professional judgment, the interruption of therapy may

produce undesirable consequences or may be detrimental to the patient’s welfare

and cause physical or mental discomfort; and

(6) The pharmacist notes on the prescription record the date, the quantity

dispensed, and the pharmacist’s name or initials.

Section 2.

(1) A pharmacy may temporarily relocate to and operate at a new location if:

(a) It is not safe or practicable to operate a pharmacy at the address listed on

the permit; and

(b) The Governor has issued an executive order as authorized by KRS 315.500 for

the county where the pharmacy is located.

(2) The pharmacy owner shall:

(a) Maintain confidentiality of patient records;

(b) Secure all drugs; and

(3) The following regulatory requirements shall not apply for this temporary

location:

(a) The requirement to maintain references as listed in 201 KAR 2:090, Section 1;

(b) The requirement to maintain equipment as listed in 201 KAR 2:090, Section

2; and

if it is located within a larger establishment which is open to the public for

business when a pharmacist is not present.

(37 Ky.R. 951; eff. 10-20-2010; Crt eff. 4-17-2019.)

201 KAR 2:340. Special pharmacy permit for clinical practice.

RELATES TO KRS 315.010(9), 315.020, 315.035, 315.191(1)(a)

STATUTORY AUTHORITY: KRS 315.035, 315.191(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.035 authorizes the Board of Pharmacy

issue a permit to a pharmacy. KRS 315.191(1)(a) authorizes the Board of Pharmacy to

promulgate administrative regulations with minimum requirements for the permitting of

those entities that provide non-dispensing pharmacy services. This administrative regulation

establishes the requirements for the Special limited pharmacy permit - Clinical practice.

Section 1. Definitions.

(1) "Special limited pharmacy permit" means a permit issued to a pharmacy that

provides miscellaneous specialized pharmacy service and functions.

(2) “Special limited pharmacy permit – clinical practice” means a permit issued to a

pharmacy that maintains patient records and other information for the purpose of

engaging in the practice of pharmacy and does not dispense prescription drug

orders

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Section 2. General Requirements.

(1) An applicant for a special pharmacy permit for clinical practice shall:

(a) Prepare and adopt a policy and procedure manual that is updated annually;

(b) Maintain pharmacy references as outlined in 201 KAR 2:090;

(d) Designate a Pharmacist-in-Charge (PIC) without a required minimum number

of hours of physical presence;

(e) Maintain patient records for five (5) years in a manner that shall provide

adequate safeguard against improper manipulation or alteration of the records;

a computer malfunction or data processing services’ negligence is not a defense

against the charges of improper recordkeeping; and

(f) Maintain patient records by establishing:

1. A patient record system to be maintained for patients for whom non-

dispensing pharmacy services and functions are being performed;

2. A procedure for obtaining, recording, and maintaining information

required for a patient record by a pharmacist, pharmacist intern, or

pharmacy technician; and

3. A procedure for a patient record to be readily retrievable by manual or

electronic means.

(2) An applicant for a special pharmacy permit - clinical practice shall be exempt

from the following:

(a) Prescription equipment requirements of 201 KAR 2:090, Section 1;

(b) Pharmacy sanitation requirements of 201 KAR 2:180; and

2:100, Sections 1, 2, 3, and 4.

Section 3. Pharmacy Closure. The permit holder shall provide notification to the board

fifteen (15) days prior to permanent pharmacy closure.

Section 4. License Fees; Renewals. An applicant shall submit:

(1) An initial or renewal application for a special pharmacy permit - clinical

practice on either the Application for Special Pharmacy Permit - Clinical Practice or

the Application for Special Limited Pharmacy Permit - Clinical Practice Renewal; and

(2) As appropriate, the:

(a) Initial application fee established by 201 KAR 2:050, Section 1(9); or

(b) Renewal application fee established by 201 KAR 2:050, Section 1(10).

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Special Limited Pharmacy Permit - Clinical Practice", May

2019; and

(b) "Application for Special Limited Pharmacy Permit - Clinical Practice Renewal",

May 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable

Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday,

8:00 a.m. to 4:30 p.m.

(39 Ky.R. 172; 458; eff. 9-19-2012; 45 Ky.R. 3462, 46 Ky.R. 414; eff. 8-19-2019.)

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201 KAR 2:360. Naloxone dispensing.

RELATES TO: KRS 217.186

STATUTORY AUTHORITY: KRS 217.186, 315.191

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217.186 requires the Board of Pharmacy to

promulgate administrative regulations governing dispensing of naloxone by a pharmacist

pursuant to a physician-approved protocol. This administrative regulation establishes the

minimum requirements for the pharmacist to be able to dispense naloxone pursuant to a

physician-approval protocol.

Section 1. Certification. (1) A pharmacist desiring to achieve certification to initiate the

dispensing of naloxone shall complete and submit an Application for Pharmacist

Certification for Naloxone Dispensing, Form 1, with the board and provide the

following:

(a) Name;

(b) Address;

(d) Pharmacist license number; and

(e) Proof of education and training in the use and dispensing of naloxone for

treatment of opioid overdose pursuant to Section 5 of this administrative

regulation.

(2) The board shall issue the certification to a pharmacist who meets the

requirements of subsection (1) of this section within thirty (30) days of the receipt of

the application.

Section 2. Procedures for Dispensing of Naloxone. A pharmacist may initiate the dispensing

of naloxone under the following conditions:

(1) The pharmacist has met the requirements of Section 1 of this administrative

regulation;

(2) The pharmacist has received his or her certification;

(3) The pharmacist has a physician-approved protocol that meets the minimum

requirements of Section 3 of this administrative regulation; and

(4) The pharmacist documents the dispensing event in the pharmacy management

system including:

(a) Documentation as required in 201 KAR 2:170 for the dispensing of

prescription medication; and

(b) Documentation that the individual receiving naloxone was provided with the

required training and education pursuant to Section 4 of this administrative

regulation.

Section 3. Protocol Minimum Requirements. A physician-approved protocol authorizing a

pharmacist to initiate the dispensing of naloxone shall contain:

(1) Criteria for identifying persons eligible to receive naloxone under the protocol;

(2) Naloxone products authorized to be dispensed, including:

(a) Name of product;

(b) Dose; and

(3) Specific education to be provided to the person whom the naloxone is dispensed;

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(4) Procedures for documentation of naloxone dispensation, including procedures

for notification of the physician authorizing the protocol, if desired by the physician

in accordance with KRS 217.186(5)(b)3;

(5) The length of time the protocol is in effect;

(6) The date and signature of the physician approving the protocol; and

(7) The names and work addresses of pharmacists authorized to initiate dispensing

of naloxone under the protocol.

Section 4. Education to be Provided to Person Receiving Naloxone Prescription Under

Protocol. A pharmacist dispensing naloxone to a person shall provide verbal counseling and

written educational materials, appropriate to the dosage form of naloxone dispensed,

including:

(1) Risk factors of opioid overdose;

(2) Strategies to prevent opioid overdose;

(3) Signs of opioid overdose;

(4) Steps in responding to an overdose;

(5) Information on naloxone;

(6) Procedures for administering naloxone; and

(7) Proper storage and expiration of naloxone product dispensed.

Section 5. Pharmacist Education and Training Required for Certification. A pharmacist who

applies for certification to initiate dispensing of naloxone shall have received education and

training related to the safe dispensing of opioids and use of naloxone as rescue therapy for

opioid overdose, including:

(1) Risk factors for opioid abuse and overdose;

(2) Opioid overdose prevention;

(3) Recognizing and responding to opioid overdoses;

(4) Indications for use of naloxone as rescue therapy;

(5) Contraindications for use of naloxone;

(6) Administration of naloxone;

(7) Adverse effects associated with naloxone rescue therapy;

(8) Identification of a patient who meets the criteria for provision of naloxone;

(9) Required education to provide to persons receiving naloxone;

(10) Required elements of protocol to initiate dispensing of naloxone; and

(11) Required documentation when initiating dispensing of naloxone.

Section 6. Incorporation by Reference.

(1) "Application for Pharmacist Certification for Naloxone Dispensing", Form 1,

7/2015, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m.

to 4:30 p.m.

(41 Ky.R. 2691; Am. 42 Ky.R. 273 eff. 9-4-2015.)

201 KAR 2:370. Pharmacy services in long-term care facility (LTCF).

RELATES TO: KRS 315.010, 315.020, 315.030, 315.121

STATUTORY AUTHORITY: KRS 315.002, 315.005, 315.191

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NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.191(1) authorizes the Kentucky Board

of Pharmacy to establish requirements to regulate and control pharmacies. KRS 315.002 and

315.005 require standards of practice in all settings where drugs are handled and require

the board to ensure safety of all drug products provided to the citizens of Kentucky. This

administrative regulation establishes requirements for pharmacy services in long-term care

facilities.

Section 1. Definitions.

(1) "Automated Dispensing System” or “ADS” means a mechanical system that

performs operations or activities, other than compounding or administration,

relative to the storage, packaging, counting, labeling, and dispensing of medications,

and which collects, controls, and maintains all transaction information.

(2) "Emergency Drug” means drugs required to meet the immediate therapeutic

needs of patients that are not available from any other authorized source in

sufficient time to prevent risk of harm to patients because of delay.

(3) “Emergency Medication Kit” or “EMK” means an onsite manual or automated

mechanism for delivering emergency medications.

(4) “Immediate supervision” is defined by KRS 315.010(12).

(5) “Individual dose” means smallest unit that is commercially available.

(6) “Long-term care facility” or “LTCF” is defined by KRS 216.510(1), excluding family-

care homes.

(7) “Long Term Care Facility Drug Stock” or “LTCF drug stock” means a dose or doses

generated from a prescription order sufficient until the next pharmacy business day

or IV fluid that are used for replenishment, which contain no additive drugs, or

irrigation solutions.

(8) "Pharmacist-in-charge" or “PIC” means a pharmacist mandated as in charge

under KRS 315.020 and who meets the requirements of 201 KAR 2:205.

(9) "Supervision" is defined by KRS 315.010(27).

Section 2. General Requirements.

(1) The pharmacist-in-charge of the dispensing pharmacy shall:

(a) Be responsible for policies and procedures governing the procurement,

distribution, storage, security, access, administration, and control of all drugs

that are provided to a LTCF;

(b) Review all policies and procedures at least once every (12) months;

board agent for the purposes of inspection or investigation of the LTCF drug stock or

EMK at the facility;

(d) 1. Maintain written authorization for entry; and

2. Immediately provide written authorization for entry to the board upon

request of a board agent; and

(e) Maintain a current list of all locations where LTCF drug stock or an EMK are

stored, which shall be made immediately available upon request by a board

agent.

(2) Dispensing.

(a) Controlled substance medications shall be dispensed only by prescription drug

order of a licensed practitioner.

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(b) Non-controlled substance medications shall be dispensed only on a medical

order or prescription drug order of a licensed practitioner.

contain:

1. Name of patient;

2. Date of issuance;

3. Name, strength, and dosage form of drug prescribed;

4. Directions for use; and

5. Practitioner’s name.

(d) Each licensee shall comply with United States Pharmacopeia (USP) Chapter 7

Labeling regarding labeling and packaging.

(3) The services of a pharmacist shall be readily available at all times.

(4) Emergency Drugs.

(a) Emergency drugs for controlled substances in a LTCF EMK shall be stocked

pursuant to 902 KAR 55:070.

(b) Emergency drugs for non-controlled substances in an EMK shall not exceed

six (6) individual doses of thirty (30) different non-controlled substances, per

LTCF.

the number of doses or numbers of non-controlled substances the EMK based

on evidence of use.

(d) An EMK shall be assessed for outdated, damaged or adulterated drugs, and

stock adequacy by:

1. A pharmacist or any lawful person as stated in 902 KAR 55:070 on a monthly

basis for controlled substances; or

2. A Pharmacist, a PIC, authorized pharmacist intern, or certified pharmacy

technician on a monthly basis for non-controlled substances

(e) EMK drugs shall be supplied in unit dose packaging unless precluded by

manufacturer packaging.

(f) An EMK shall be conspicuously labeled.

(g) An EMK drug shall be accessed only upon a lawful order.

(h) All prescription orders shall be reviewed by a pharmacist within one (1)

pharmacy business day.

(i) An EMK shall not be stocked in a personal care home without personnel

lawfully licensed to administer medications.

(5) Initial dose of LTCF drug stock in a LTCF.

(a) Excluding personal care homes, LTCF drug stock of drugs shall not exceed

fifteen (15) individual doses each of 150 non-controlled substances.

(b) LTCF drug stock in a personal care home shall not exceed five (5) individual

doses each of thirty (30) non-controlled substances.

the number of non-controlled substance items to be placed in LTCF drug stock

based upon evidence of use.

(d) The pharmacist-in-charge shall be responsible for authenticating the need for

LTCF stock.

(e) A pharmacist shall review the prescription drug or medical order before the

release of medication.

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(f) LTCF drug stock shall be inspected by pharmacy personnel at least monthly

and documentation shall be maintained to determine if:

1. Medications are; and

2. Stocks are being maintained at adequate levels.

(g) Except for LTCF drug stock of intravenous fluids with no additive drugs or

irrigation solutions, the LTCF drug stock shall be replenished by:

1. A tamper-resistant secure container delivered from the pharmacy;

2. A tamper resistant secure container for the stocking of and ADS;

3. A pharmacist, pharmacist intern, or a certified pharmacy technician, who

shall be under the immediate supervision of a pharmacist on-site, if there is

no pharmacy on-site; or

4. A pharmacist, pharmacist intern or a certified pharmacy technician who

shall be under the supervision of a pharmacist, if there is a pharmacy on-site

Section 3. The Pharmacist-in-charge of an ADS in a LTCF shall be responsible for the

Following:

(1) Initial validation of the ADS accuracy prior to use for distribution to patients

assuring that the ADS:

(a) Is in good order and accurately dispenses the correct strength, dosage form,

and quantity of drug prescribed; and

(b) Complies with the recordkeeping and security safeguards pursuant to

Section 4 of this administrative regulation.

(2) Assuring that non-controlled substance prescription drug orders and

medical orders are reviewed and approved by a pharmacist prior to access,

except for emergency drugs;

(3) Assuring that controlled substance prescription drug orders are reviewed

and approved by a pharmacist prior to accessing the controlled substance

emergency drugs;

(4) Implementing an ongoing quality assurance program that monitors

performance of the ADS, pursuant to the written policies and procedures;

(5) Assigning, discontinuing, or changing personnel access to the system; and

(6) Assuring appropriate access to medications.

Section 4. Standards.

(1) A permit holder utilizing an ADS shall comply with the following provisions:

(a) A pharmacy shall maintain the following documentation:

1. Name and address of the LTCF where the system is being used;

2. The ADS manufacturer’s name, model, and serial number;

3. An operations manual;

4. Description of how the system is used:

5. Written quality assurance procedures to determine continued appropriate

use of the system; and

6. Written policies and procedures for system operation, safety, security,

accuracy, access and malfunction.

(2) All written policies and procedures shall be maintained in the pharmacy

Responsible for the ADS.

(3) An ADS shall maintain adequate security systems and procedures, pursuant

To written policies and procedures that prevent unauthorized access to

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patient records and maintain patient confidentiality.

(4) ADS records and data shall meet the following requirements:

(a) All events involving the contents of the ADS shall be recorded

electronically; and

(b) Records shall be maintained by the pharmacy for five (5) years, be

Available to the board, and shall include the following:

1. The time and location of each system access;

2. Identification of the individual accessing the system;

3. Name of the patient for who the drug was ordered;

4. Name, strength, dosage form, and quantity of drug accessed;

5. Type of transaction;

6. The prescription or transaction number if assigned; and

7. The name of the prescriber.

Electronically and maintained.

(d) A twenty-four (24) hour emergency call center shall be available for any

ADS malfunction.

(5) The stocking of all medication in an ADS shall be performed by a:

(a) Pharmacist;

(b) Pharmacist Intern; or

Pharmacist onsite.

(6) If the pharmacy utilizes a tamper resistant barcoding technology,

microchip, or other equivalent tamper-resistant ADS, a pharmacist-verified

drug may then be loaded by a pharmacist-in-charge trained pharmacist,

pharmacist intern, or certified pharmacy technician.

(7) A record of medications stocked in an ADS shall be maintained for five (5)

Years and shall include identification of the person stocking the ADS and

the pharmacist checking for accuracy

(8) The pharmacist-in-charge shall provide a policy for accounting for

medications removed from an ADS and subsequently wasted.

(9) The pharmacist-in-charge shall provide a policy for accounting for

medications returned to an ADS.

Section 5. Incorporate by Reference.

(1) “USP Chapter 7 Labeling”, (December 1, 2017), is incorporated by

reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday

through Friday, 8 a.m. through 4:30 p.m.

(42 Ky.R. 630; 1131; eff. 11-6-2015; TAm eff. 2-15-

2016; 42 Ky.R. 273, 630, 1131, 2414; eff. 5-6-2016; 45 Ky.R.740, 1684, 2575; eff 3-13-2019.)

201 KAR 2:380. Board authorized protocols.

RELATES TO: KRS 315.010(25), 315.191(1)(a), (f)

STATUTORY AUTHORITY: KRS 315.010(25), 315.191(1)(a), (f)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.010(25) defines a prescription drug

order, which includes orders issued through protocols authorized by the board. KRS

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315.191(1)(a) authorizes the board to promulgate administrative regulations necessary to

regulate and control all matters pertaining to pharmacists, pharmacist interns, pharmacy

technicians, and pharmacies. KRS 315.191(1)(f) authorizes the board to promulgate

administrative regulations that are necessary to control the dispensing of prescription drug

orders. This administrative regulation establishes procedures for board authorized protocols

by which pharmacists may initiate the dispensing of noncontrolled medications or other

professional services.

Section 1. Definition. "Prescriber" means any individual authorized to prescribe a legend

drug.

Section 2. Procedures. A pharmacist may initiate the dispensing of noncontrolled

medications, over-the-counter medications, or other professional services under the

following conditions:

(1) A prescriber-approved protocol that meets the minimum requirements in

Section 3 of this administrative regulation is in place, and is dated and signed by the

prescriber and pharmacist authorized to initiate the dispensing of noncontrolled

medications, over-the-counter medications, or other professional services;

(2) The protocol directs the care, based on current clinical guidelines, for conditions

listed in Section 5 of this administrative regulation;

(3) The protocol has been approved by the board, who provides notice to the

prescriber’s licensure board within ten (10) business days of approval by the board;

(4) The pharmacist documents the dispensing event in the pharmacy management

system, including:

(a) Documentation as required by 201 KAR 2:170 for the dispensing of prescription

medication; and

(b) Documentation that the individual receiving the medication or other professional

service was provided with education pursuant to Section 4 of this administrative

regulation; and

(5) A pharmacist shall request the individual’s primary care provider’s information,

provided one exists, and shall provide notification to the primary care provider

within two (2) business days.

Section 3. Minimum Requirements of Protocol. Protocols shall contain the following

elements:

(1) Criteria for identifying persons eligible to receive medication therapies or other

professional services under the protocol, and referral to an appropriate prescriber if

the patient is high-risk or treatment is contraindicated;

(2) A list of the medications, including name, dose, route, frequency of

administration, and refills authorized to be dispensed under the protocol;

(3) Procedures for how the medications are to be initiated and monitored, including

a care plan implemented in accordance with clinical guidelines;

(4) Education to be provided to the person receiving the dispensed medications,

including aftercare instructions, if appropriate;

(5) Procedures for documenting in the pharmacy management system all

medications dispensed, including notification of the prescriber signing the protocol,

if requested;

(6) Length of time protocol is in effect;

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(7) Date and signature of prescriber approving the protocol;

(8) Dates and signatures of pharmacists authorized to initiate dispensing of

medications or other professional services under the protocol; and

(9) The date, and education or training of the pharmacist as referenced in Section 4

of this administrative regulation.

Section 4. Pharmacist Education and Training Required. A pharmacist who dispenses

medication pursuant to a prescriber-approved protocol shall first receive education and

training in the subject matter of the protocol from a provider accredited by the

Accreditation Council for Pharmacy Education or by a comparable provider approved by the

board. Documentation of education shall be provided to the board upon request. Education

shall be obtained prior to initiating care under the protocol.

Section 5. Authorized Conditions. Board-authorized protocols may be established for the

following conditions:

(1) Acute influenza infection pursuant to recommendations by the Centers for

Disease Control and Prevention (CDC);

(2) Acute streptococcal pharyngitis infection;

(3) Acute, uncomplicated urinary tract infection;

(4) Acute mucocutaneous fungal infection;

(5) Allergic rhinitis;

(6) Anaphylaxis;

(7) HIV infection prevention through pre-exposure prophylaxis pursuant to

recommendations by the CDC;

(8) Nutritional supplementation with vitamins and minerals;

(9) Opioid use disorder pursuant to recommendations by the American Society of

Addiction Medicine;

(10) Tobacco use disorder;

(11) Travelers health pursuant to recommendations by the CDC;

(12) Tuberculosis prevention and control through skin testing, and referral as

necessary, pursuant to recommendations by the CDC; and

(13) Self-care conditions appropriately treated with over-the-counter medications

and products.

(44 Ky.R. 447; 961; 1215; 1813 eff. 12-13-2017.)

201 KAR 2:390. Third-party logistics provider.

RELATES TO: KRS 315.002, 315.005, 315.191(1)(a), 315.400(18), 315.4102, 315.4104,

315.4106, 315.4108, 315.4110

STATUTORY AUTHORITY: KRS 315.4102, 315.4104, 315.4106, 315.4108, 315.4110

NECESSITY, FUNCTION AND CONFORMITY: KRS 315.4102 requires a third-party logistics

provider to be licensed and that the board establish the renewal fee by administrative

regulation. KRS 315.4104 requires a board-approved application, licensure fee, and

accompanying information. KRS 315.4106 establishes eligibility factors for licensure and

renewal. KRS 315.4108 identifies persons disqualified as owners and designated

representatives of third-party logistics providers. KRS 315.4110 establishes criteria for

lawfully conducting business as a third-party logistics provider in the Commonwealth of

Kentucky. This administrative regulation establishes requirements for third-party logistics

providers to become licensed and operate.

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Section 1. Application Requirements for Licensure Application and Renewal. (1) An applcant

for initial licensure or renewal as a third party logistics provider shall submit:

(a) A non-refundable initial licensure or renewal fee of $200 by check or money

order made payable to the Kentucky State Treasurer;

(b) A complete, sworn, and notarized Application to Operate as a Third-Party

Logistics Facility;

logistics provider through proof of registration with either:

1. The secretary of the U.S. Department of Health and Human Services, Food

and Drug Administration; or

2. The state in which the provider ships;

(d) Unless previously provided, copy of current inspection report conducted by

the United States Food and Drug Administration, if applicable. If a current

inspection report is not available from the United States Food and Drug

Administration, the applicant shall submit an inspection report by:

1. The National Association of Boards of Pharmacy (NABP); or

2. The board's authorized agent;

(e) A confirmation statement of the previous owner if ownership changed;

(f) Legal proof of any name change, if applicable;

(g) An explanation if an applicant, officer, partner, or director has ever been

convicted of a felony or had a professional license or permit disciplined under

federal, state, or local law;

(h) Ownership information for each partner, director, or officer, including:

1. Name and title;

2. Email addresses;

3. Federal employer identification number;

4. Address;

5. Phone number;

6. Social security number; and

7. Date of birth;

(i) State of incorporation or organization if the owner is a corporation; and

(j) Upon request, a list of all manufacturers, wholesale distributors, and

dispensers for whom the third-party logistics provider provides services.

(2) An applicant applying for any ownership or address change shall submit a non-

refundable ownership change fee of $100 and a change of address fee of $100.

(3) Each License shall expire on June 30 following date of issuance, unless earlier

suspended or revoked. There shall be a delinquent renewal fee of $200 for failure to

renew by June 30 of each year.

Section 2. General Requirements. A third-party logistics provider shall:

(1) Immediately provide, upon written request of the board or its agents, and

maintain for board inspection, a list of all manufacturers, wholesale distributors, and

dispensers for whom the third-party logistics provider provides services;

(2) Immediately provide, upon written request of the board or its agents, and

maintain for board inspection, a list of each partner, limited liability company

member, and corporate officer or director, including a description of the duties and

qualifications of each;

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(3) Make available for board inspection, records of providing third-party logistics

services involving prescription drugs, if such records are maintained; and

(4) Follow closure procedures established in 201 KAR 2:106, Section 2.

Section 3. Incorporation by Reference. (1) "Application to Operate as a Third-Party Logistics

Facility", July 2017, is incorporated by reference.

(2) This form may be obtained, inspected, or copied, subject to applicable copyright

law, at the Kentucky Board of Pharmacy, State Office Building Annex, Suite 300, 125

Holmes Street, Frankfort, Kentucky 40601-8024, 8:00 a.m. to 4:30 p.m. Monday

through Friday.

(44 Ky.R. 699, 1363, 1501; eff. 1-18-2018.)

201 KAR 2:400. Outsourcing facility.

RELATES TO: KRS 315.002, 315.005, 315.010(16), 315.191(1)(a), 315.340, 315.342

STATUTORY AUTHORITY: KRS 315.010(16), 315.340, 315.342

NECESSITY, FUNCTION AND CONFORMITY: KRS 315.340 establishes requirements for in-

state outsourcing facilities doing business in Kentucky, requires the board to set fees, and

requires the board to promulgate administrative regulations relating to in-state permit

applicants for licensure and renewal. KRS 315.342 establishes requirements for out-of-state

out-sourcing facilities doing business in Kentucky, requires the board to set fees, and

requires the board to promulgate administrative regulations relating to in-state permit

applicants for licensure and renewal. This administrative regulation establishes further

licensure, renewal, and general requirements for in-state and out-of-state outsourcing

facilities.

Section 1. Application Requirements for Initial Licensure and Renewal.

(1) An applicant for initial licensure or renewal as an outsourcing facility shall

submit:

(a) A nonrefundable initial licensure or renewal fee of $250 by check or money

order made payable to the Kentucky State Treasurer;

(b) A complete, sworn, and notarized Application to Operate as an Outsourcer

Facility;

with the secretary of the U. S. Department of Health and Human Services, Food

and Drug Administration;

(d)1. Unless previously provided, a copy of the current inspection report

conducted by the United States Food and Drug Administration pursuant to

KRS 315.340(2)(a)2. and (b)1. or KRS 315.342(2)(a)2. and (b)1., if applicable;

2. If a current inspection report is not available from the United States Food

and Drug Ad-ministration, the applicant shall submit an inspection report by:

a. The National Association of Boards of Pharmacy (NABP); or

b. The board’s authorized agent;

(e) A confirmation statement of the previous owner if ownership changed;

(f) Legal proof of any name change, if applicable;

(g) An explanation if an applicant, owner, officer, or pharmacist-in-charge has

ever been convicted of a felony or had a professional license or permit

disciplined under federal, state, or local law; and

(h) Ownership information for each owner or officer, including:

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1. Name and title;

2. Address;

3. Phone number;

4. Social security number; and

5. Date of birth.

(2) An applicant applying for any ownership or address change shall submit a non-

refundable ownership change fee of $100 and a change of address fee of $100.

(3) A license shall expire on June 30 following date of issuance, unless earlier

suspended or revoked. There shall be a delinquent renewal fee of $250 for failure to

renew by June 30 of each year.

Section 2. Qualifications for License. (1) The board shall consider the following in

determining whether to grant a license:

(a) A felony conviction related to:

1. The practice of pharmacy;

2. Drugs; or

3. Federal or state medical assistance programs;

(b) The furnishing of false or fraudulent information in any application;

government;

(d) Compliance with a previously granted license or permit; and

(e) Failure to maintain and make readily available those records required to be

maintained by an outsourcing facility.

(2) The board shall have the right to deny a license to an applicant if, in considering

the factors listed in subsection 1 of this Section, it determines that granting such a

license would not be consistent with public health and safety.

(3) If the board considers denying or resolves to deny an application based solely on

an applicant’s prior conviction of a crime, the board shall follow the notification and

procedure requirements in KRS 335B.030(2).

Section 3. General Requirements. An outsourcing facility shall:

(1) Permit, to the extent authorized by laws or rules, board agents to enter and

inspect its premises and delivery vehicles, to audit its records and written operating

procedures, and to confiscate prescription drugs and records; and

(2) Follow closure procedures established in 201 KAR 2:106 Section 2.

Section 4. Incorporation by Reference. (1) "Application to Operate as an Outsourcer

Facility", July 2017, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable

300, 125 Holmes Street, Frankfort, Kentucky 40601-8024, Monday through Friday,

8:00 a.m. to 4:30 p.m.

(44 Ky.R. 701, 1502; eff. 1-18-2018.)

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GENERIC LABELING STATEMENT

The Kentucky Board of Pharmacy has addressed generic labeling and has come up with

these alternatives when product selection is utilized. Alternatives the Board recognizes in

lieu of using just the name of the drug dispensed on the label of the prescription container

when product selection [substitution] is made are as follows:

1) Methyldopa “generic substitution made for” Aldomet;

2) Methyldopa “dispensed in place of” Aldomet;

3) Methyldopa “substituted for” Aldomet;

4) Methyldopa “dispensed for” Aldomet;

5) Methyldopa “generic as” Aldomet.

The label must refrain from wording such as ‘same as’ or any inference that the substitution

is the same as the trade name drug. Using only the trade name and the generic name on

the label is not acceptable when denoting drug product selection. These alternatives were

adopted by the Board to meet the requirement when the physician requests that both

names appear on the label. This also should help those pharmacists supplying nursing

homes and are required to have the name of the medication as it appears on the physician’s

order in the chart.