Title XVIII, Public Health

(1) A person is guilty of possession of salvia when he or she knowingly and unlawfully possesses salvia for human consumption. (2) Possession of salvia is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall …

(1) A person is guilty of salvia cultivation when he or she knowingly and unlawfully plants, cultivates, or harvests salvia with the intent to sell or transfer it for human consumption. (2) Salvia cultivation is a Class A misdemeanor.

substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners -- Nontoxic compositions for safe disposal of controlled substances -- Duties of pharmacists and practitioners -- Penalties. (1) A duly licensed manufacturer, distributor, or wholesaler…

(1) Electronic prescribing of a controlled substance under this chapter shall not interfere with a patient's freedom to select a pharmacy. (2) Electronic prescribing software used by a practitioner to prescribe a controlled substance under this chapter may include clinical messag…

controlled substance -- Continuing course of treatment -- Recordkeeping -- Exemptions. (1) Administrative regulations promulgated under KRS 218A.205(3) shall require that, prior to the initial prescribing or dispensing of any Schedule II controlled substance to a human patient, a…

activities permitted to qualifying facilities -- Certification requirements -- Payment for services rendered or goods provided -- Compliance with section as additional licensure condition -- Penalty for violation. (1) (a) As used in this section, "pain management facility" means …

pharmacist -- Penalties. (1) Except when dispensed directly by a practitioner to an ultimate user, no controlled substance listed in Schedule II may be dispensed without the written, facsimile, electronic, or oral prescription of a practitioner. A prescription for a controlled su…

Duties of pharmacist -- Administrative regulations. (1) Notwithstanding KRS 218A.180 or any other state law to the contrary, beginning January 1, 2021, no practitioner shall issue any prescription for a controlled substance unless the prescription is made by electronic prescripti…

(1) As used in this section: (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 …

(1) Nonprescription medicinal preparations that contain in one hundred (100) milliliters, or as a solid or semisolid preparation, in one hundred (100) grams, not more than two hundred (200) milligrams of codeine or its salts may be sold over the counter subject to the following c…

(1) Every practitioner who is authorized to administer or professionally use controlled substances, shall keep a record of substances received by him, and a record of all substances administered, dispensed, or professionally used by him otherwise than by prescription. Every such …

substances -- Required registration and reporting -- Penalty for illegal use of system -- Continuing education programs -- Reports of failure to comply with section -- Procedures for monitoring medicinal cannabis -- Quarterly reviews to identify patterns of improper prescribing o…

prescriptions -- Waiver. The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A that establish security requirements for all prescriptions written by practitioners. The administrative regulations shall include a p…

of controlled substances -- Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements -- Presumption of medical necessity -- Complaint procedure -- Criminal record check. (1) As used in this section: (a) "Reporting agency" includes…

Penalties. (1) A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling…

The provisions of this chapter shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such substances, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the perfo…

inspection. All controlled substances, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited and disposed of as follows: (1) Except as otherwise provided in this secti…

Cabinet for Health and Family Services, and Kentucky Board of Pharmacy -- Civil proceedings -- Identification of trends -- Identification of prescribers, dispensers, and patients for licensing board -- Review of hospital's or health care facility's prescribing and dispensing prac…

counties, or political subdivisions or with an administering organization to share prescription drug monitoring information. (1) The secretary of the Cabinet for Health and Family Services may enter into reciprocal agreements or a contract, either directly with any federal agency…

The Cabinet for Health and Family Services shall promulgate administrative regulations pursuant to KRS Chapter 13A for carrying out the provisions of this chapter. Administrative hearings on appeals filed pursuant to this chapter shall be conducted in accordance with KRS Chapter …

treatment or recovery service providers. Substance abuse treatment or recovery service providers that receive state funding shall give pregnant women priority in accessing services and shall not refuse access to services solely due to pregnancy as long as the provider's services …

controlled substance -- Rescission of treatment order -- Voiding of conviction -- Sealing of records. (1) A court may request the Division of Probation and Parole to perform a risk and needs assessment for any person found guilty of possession of a controlled substance pursuant t…

synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records. (1) A court may request the Division of Probation and Parole to perform a risk and needs assessment for any person found guilty of possession of marijuana pursuant to KRS 2…

treatment programs -- Definitions for section. (1) As used in this section: (a) "Analyze" means to apply scientific and mathematical measures to determine meaningful patterns and associations in data. "Analyze" includes descriptive analysis to examine historical data, predictive …

privileged. Information communicated to a practitioner in an effort unlawfully to procure a controlled substance, or unlawfully to procure the administration of any controlled substance, shall not be deemed a privileged communication.

218A.284. For purposes of KRS 218A.282 and 218A.284, the definitions found in KRS 516.010 apply.

(1) A person is guilty of forgery of a prescription when, with intent to defraud, deceive, or injure another, he falsely makes, completes, or alters a written instrument which is or purports to be or which is calculated to become or to represent a prescription for a controlled su…

(1) A person is guilty of criminal possession of a forged prescription when, with knowledge that it is forged and with intent to defraud, deceive, or injure another, he utters or possesses a forged prescription for a controlled substance. (2) Criminal possession of a forged presc…

prescription or blank. (1) A person is guilty of theft of a prescription blank when he unlawfully takes or exercises control over a prescription blank belonging to another. (2) A person is guilty of criminal possession of a prescription blank when, with knowledge that he has no l…

(1) A pharmacist, practitioner, or other person authorized by law to dispense controlled substances, or an employee of that person, may seize and retain any prescription which he has reasonable suspicion for believing is forged, altered, or deceitful in violation of KRS 218A.140,…

Notwithstanding the existence or pursuit of any other remedy, civil or criminal, any state licensing board may impose a fine not to exceed $500 on any practitioner, pharmacist, manufacturer, or wholesaler whom it licenses for any violation of this chapter. All such fines shall be…

The provisions of this chapter shall not apply to any offense committed prior to June 16, 1972, unless the defendant elects to be tried under the provisions of this chapter. Such an offense must be construed and punished according to the provisions of law existing at the time of …

This chapter may be cited as the Kentucky Controlled Substances Act of 1972.

(1) A person is guilty of criminal possession of a medical record when he or she possesses a medical record with the intent to unlawfully obtain a controlled substance by: (a) Falsifying, altering, or creating a medical record; or (b) Selling or unlawfully transferring the medica…

(1) A person is guilty of theft of a medical record when he or she unlawfully takes or exercises control over a medical record belonging to another person with intent to violate this chapter. (2) Any person who violates any subsection of this section shall be guilty of a Class D …

(1) A person is guilty of criminal falsification of a medical record when he or she knowingly and unlawfully falsifies, alters, or creates a medical record for the purpose of obtaining or attempting to obtain a controlled substance with intent to violate this chapter. (2) Any per…

substances -- Penalties. (1) No person shall sell or transfer any substance, other than a controlled substance, with the representation or upon creation of an impression that the substance which is sold or transferred is a controlled substance. (2) No person shall possess for sal…

The Prescription Monitoring Program compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I PURPOSE The purpose of this interstate compact is to provide a mechanism for state prescrip…

Compact. The Governor shall be the appointing authority for those appointments Kentucky is entitled to make under KRS 218A.390, provided that all such appointments shall be subject to confirmation by the Senate.

The following definitions apply in KRS 218A.405 to 218A.460 unless the context otherwise requires: (1) "Interest in property" includes: (a) The interest of a person as a beneficiary under a trust, in which the trustee of the trust holds legal or record title of the personal or re…

(1) The following are subject to forfeiture: (a) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the state; (b) Controlled substances l…

(1) Personal property subject to forfeiture under this chapter may be seized by any law enforcement agency upon process issued by any judge that is empowered to issue a warrant of arrest or search warrant and in whose jurisdiction the property is located. Seizure of personal prop…

proceeds -- Administrative regulations on use of funds -- Adoption of policies for seizure of forfeitable assets -- Asset-forfeiture training -- Vehicles -- Joint operations. (1) All property which is subject to forfeiture under this chapter shall be disposed of in accordance wit…

When seized property is retained for official use by law enforcement agencies under this chapter the value of the property shall be determined as follows: (1) Vehicles shall be valued at their tax value; (2) All other property shall be valued at its fair cash value by the propert…

proceeds. (1) Each law enforcement agency seizing money or property pursuant to KRS 218A.415 shall, at the close of each fiscal year, file a statement with the Auditor of Public Accounts, and with the secretary of justice and public safety containing, a detailed listing of all mo…

(1) The Commonwealth shall have a lien on all property, real or personal, which is forfeit to the Commonwealth by virtue of KRS 218A.410. This lien shall not be defeated by gift, devise, sale, alienation, or any means whatever except by sale to a subsequent bona fide purchaser fo…

(1) Jurisdiction in all forfeiture proceedings shall vest in the court where the conviction occurred regardless of the value of property subject to forfeiture. (2) Following conviction of a defendant for any violation of this chapter, the court shall conduct an ancillary hearing …

Substance abuse treatment outreach program -- Informing peace officer about presence of needles or other sharp objects before search -- Retail pharmacy exception -- Narcotic drug testing products-- Penalties. As used in this section and KRS 218A.510: (1) "Drug paraphernalia" mean…

paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior co…

As used in KRS 218A.511 to 218A.519: (1) "Department" means the Department of Agriculture; (2) "Drug developer" means a for-profit, nonprofit, or public benefit corporation engaged in drug development and manufacturing that has established an ibogaine drug development agreement w…