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Kentucky Statutes, Title XXVI

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Kentucky/Statutes

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Title XXVI, Occupations and Professions

42 chapters · 1,308 sections in this title.

All chapters in Title XXVI1,308 Ch 311, PHYSICIANS, OSTEOPATHS, PODIATRISTS,…252 Ch 309, MISCELLANEOUS OCCUPATIONS AND PROFES…99 Ch 315, PHARMACISTS AND PHARMACIES73 Ch 335, SOCIAL WORKERS AND PROFESSIONAL COUN…65 Ch 314, REGISTERED NURSES -- PRACTICAL NURSES53 Ch 324, REAL ESTATE BROKERS AND SALES ASSOCIATES49 Ch 322, PROFESSIONAL ENGINEERS AND LAND SURV…45 Ch 311A, EMERGENCY MEDICAL SERVICES41 Ch 321, VETERINARIANS35 Ch 323, ARCHITECTS34 Ch 334A, SPEECH-LANGUAGE PATHOLOGISTS AND AUD…34 Ch 318, PLUMBERS AND PLUMBING28 Ch 333, MEDICAL LABORATORIES28 Ch 320, OPTOMETRISTS27

73 sections·Filtered byTitle XXVI✕Ch 315✕

KRS § 315.002 Declarations of public policy -- Construction of chapter
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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 …
KRS § 315.005 Purpose of chapter
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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 re…
KRS § 315.010 Definitions for chapter
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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" …
KRS § 315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice pharmacy -- Exceptions -- Access to pharmacy electronic database allowed under specific conditions -- Persons employed to assist practice of pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt under KRS 315.135

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practice pharmacy -- Exceptions -- Access to pharmacy electronic database allowed under specific conditions -- 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…

KRS § 315.030 Permit required -- License required to represent oneself as pharmacist -- Registration required to represent oneself as pharmacy technician

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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…

KRS § 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

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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 o…

KRS § 315.0350 Administrative activities of a pharmacy

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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.

KRS § 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

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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 …

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

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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 bo…

KRS § 315.038 Definitions for section -- Ambulatory pharmacies -- Reporting requirements -- Data to be shared with commissioner of insurance -- Contract with third-party to collect or process data

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requirements -- Data to be shared with commissioner of insurance -- Contract with third-party to collect or process data. (1) As used in this section: (a) "Ambulatory pharmacy" has the same meaning as in KRS 304.17A-595; and (b) "Commissioner" means the commissioner of the Depart…

KRS § 315.040 Exceptions to chapter

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(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 th…

KRS § 315.050 Qualifications of applicant for licensure -- Examination -- Standards for internship -- Certificate of internship

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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 pro…

KRS § 315.060 Examination fee

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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.

KRS § 315.065 Continuing education requirements

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(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 i…

KRS § 315.110 License expiration date -- Renewal fee -- Application and requirements -- Certificate -- Display -- Pocket certificate

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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 o…

KRS § 315.115 Renewal fees suspended for persons in Armed Forces

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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.

KRS § 315.120 Notification of failure to renew license -- Procedure for renewal of expired license -- Renewal after lapse of five or more years -- Inactive license

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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 ti…

KRS § 315.121 Grounds for acting against licensee -- Notification to board of conviction required -- Petition for reinstatement -- Expungement

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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 the…

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

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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 ma…

KRS § 315.126 Pharmacist recovery network committee -- Administrative regulations -- Assessment -- Confidentiality -- Reporting restrictions

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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 i…

KRS § 315.131 Proceedings before fine, probation, suspension, revocation of license, permit, or certificate -- Appeals -- Emergency suspension prior to disciplinary hearing

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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…

KRS § 315.135 Registration as pharmacy technician required to assist in the practice of pharmacy -- Exemptions

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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 …

KRS § 315.136 Requirements for registration as pharmacy technician

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(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 applicati…

KRS § 315.137 Denial of application for registration as pharmacy technician -- Hearing

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(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 (c) Violates or is deemed to be in violation of any of the provisions of KRS 315.121. (2) After deny…

KRS § 315.138 Renewal of registration as pharmacy technician -- Display of registration certificate

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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 tha…

KRS § 315.150 Board membership -- Appointment -- Term -- Vacancy -- Oath -- Quorum

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(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 calenda…

KRS § 315.155 Removal of board members

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(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…

KRS § 315.160 Election of officers -- Executive director -- Meetings

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(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 …

KRS § 315.171 Compensation of board members and executive director

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(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 se…

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

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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.

KRS § 315.191 Powers and duties of board -- Advisory council

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(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…

KRS § 315.193 Board members' immunity for official acts

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(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 …

KRS § 315.195 Agency fund -- Use

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(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 u…

KRS § 315.200 For whom prescriptions to be refilled

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No prescription shall be knowingly refilled except for the person for whom it was written.

KRS § 315.202 Exercise of judgment by pharmacist to dispense varying quantities of prescription drug per fill

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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 …

KRS § 315.205 Notification of immunization to minor's primary care provider

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Upon the request of an individual or his or her parent or guardian, a pharmacist who administers an immunization to an individual who is five (5) to seventeen (17) years of age, as authorized in KRS 315.010(22), shall provide notification of the immunization to the individual's p…

KRS § 315.208 Dispensing prescription issued by a practitioner who has died -- Limitations

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Limitations. (1) Notwithstanding any other provision of law to the contrary, when a pharmacist is aware that a practitioner has died, a prescription issued by that practitioner may continue to be dispensed based on the pharmacist's professional judgment and no later than one hund…

KRS § 315.210 Reciprocity

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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.

KRS § 315.220 Powers of representatives of board

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(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 f…

KRS § 315.230 Restraint of violations -- Legal representation

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(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…

KRS § 315.235 Attorney General's jurisdiction to investigate and prosecute violators of pharmacy laws

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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 pr…

KRS § 315.295 Automated pharmacy system in residential hospice facilities

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(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 (…

KRS § 315.300 Placement of drugs by pharmacy with authorized employees of home health agencies and hospices -- Protocol -- Allowable legend drugs -- Administrative regulations

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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 pha…

KRS § 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"

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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 approp…

KRS § 315.315 Presumption regarding prescription or medical order

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Any prescription or medical order for a drug that is known to possibly cause an abortion shall be presumed by a pharmacy to be for indications other than for the termination of a pregnancy. A pharmacy dispensing such prescription or medical order shall not be required to verify t…

KRS § 315.320 Illegal operation of out-of-state pharmacy -- Exemption for lapsed license or permit -- Penalty -- Exceptions from section

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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)…

KRS § 315.325 Exemption from pharmacy licensing requirements for common carriers transporting drugs

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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 …

KRS § 315.330 Seizure and forfeiture of illegal drug shipments

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(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…

KRS § 315.335 Reporting of robbery, theft, or missing shipment of controlled substances

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(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…

KRS § 315.340 Permit for operation of in-state outsourcing facility doing business in Kentucky -- Requirements -- Administrative regulations

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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…