Title XXVI, Occupations and Professions

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…

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…

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…

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…

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 …

(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…

(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…

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…

(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…

(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…

(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 …

(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…

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.

(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…

(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 …

(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…

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

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 …

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…

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…

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.

(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…

(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…

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…

(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 (…

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…

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…

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…

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)…

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 …

(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…

(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…

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…

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 fac…

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 appli…

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 dis…

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 …

(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 e…

- 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 dist…

(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 an…

(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 distrib…

(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) o…

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…

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 owne…

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 offi…

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 201…