Title XVIII, Public Health

KRS 217.650 to 217.710 may be cited as the "Kentucky Hazardous Substances Labeling Act."

As used in KRS 217.650 to 217.710 unless the context indicates otherwise: (1) "Secretary" means the secretary for health and family services; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Person" includes any individual, partnership, corporation, firm, or a…

A hazardous substance is hereby declared to be misbranded when intended for household use if it fails to bear a label: (1) Which states conspicuously: (a) The name and place of business of the manufacturer, packer, or distributor; (b) The common or usual name, or the chemical nam…

No person shall sell, offer for sale, distribute or transport for sale within this state in a package or container intended for general home and household use a hazardous substance which is misbranded.

The secretary shall adopt rules and regulations for the proper administration and enforcement of KRS 217.650 to 217.710. The secretary may in his discretion adopt tests and standards for determination of toxic, poisonous, corrosive, irritant, flammable, and radioactive properties…

Costs -- Bond. (1) Whenever a duly authorized agent of the cabinet finds or has probable cause to believe that any hazardous substance is misbranded, within the meaning of KRS 217.650 to 217.710, or is dangerous to public health he shall affix to such article a tag or other appro…

Before any violation of KRS 217.650 to 217.710 is reported to the Commonwealth's, county or city attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated may be given appropriate notice and an opportunity to present his views to t…

(1) Paint manufactured after July 1, 1972, containing more than one-half of one percent (.5%) lead by weight of the nonvolatile content shall not be sold, or used on any toys, children's furniture, interior surface of any dwelling, or any other surface easily accessible to childr…

The following terms shall have the meanings set forth below: (1) "Vending machine" means any self-service or semi-self-service device which upon insertion of a coin, coins or tokens or by other similar means dispenses unit servings of food either in bulk or in packaged form. (2) …

No person shall operate a vending machine company without having first obtained a permit to operate from the Cabinet for Health and Family Services as provided in the regulations of the Cabinet for Health and Family Services. All such permits shall expire on June 30 following the…

(1) The cabinet shall promulgate administrative regulations to establish a fee that: (a) Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185; (b) Beginning on March 17, 2020, until December 31, 20…

All fees collected by the Cabinet for Health and Family Services under the provisions of KRS 217.808 to 217.812 shall be paid into the State Treasury and credited to a trust and agency fund to be used by the cabinet in defraying the costs and expenses of the cabinet in the admini…

The following words and phrases, as used in KRS 217.815 to 217.826, shall have the following meanings, unless the context requires otherwise: (1) "Biological product" has the same meaning as in 42 U.S.C. sec. 262; (2) "Board" means the Kentucky Board of Pharmacy; (3) "Brand name"…

Nothing in KRS 217.814 to 217.826 shall be construed to prevent a practitioner from informing a patient of his professional opinion as to the capabilities, effectiveness and acceptability of any drug.

Every prescription dispensed by a pharmacist in this Commonwealth after July 1, 1972, shall bear upon the label the name of the medication in the container unless the practitioner indicates in the manner of his choice on the prescription "Do Not Label."

(1) The board shall prepare by regulation a nonequivalent drug product formulary of drugs with their generic names for which there are no equivalent drug products, and which should not be interchanged by pharmacists. The nonequivalent drug product formulary shall list all drugs, …

Any person or party in interest aggrieved by the publication of the nonequivalent drug product formulary of the Board of Pharmacy shall be entitled to a judicial review in Franklin County Circuit Court.

Substitute must be lower in price than prescribed drug or biological product -- Selection by pharmacist not practice of medicine -- Liability of pharmacist -- Pharmacist to communicate to prescribing practitioner the specific biological product dispensed. (1) When a pharmacist re…

It is the intent of the General Assembly that all citizens of Kentucky may be assured of high quality medicine at a reasonable cost.

Whenever a drug has been prescribed with the indication "Do Not Substitute" for a patient who has a contract whereunder he is reimbursed for the costs of health care, then the party that has contracted to reimburse the patient shall make the reimbursement on the basis of the bran…

generic drug. Every pharmacy shall post a sign in a location easily seen by patrons at the counter where prescriptions are dispensed stating that: "This pharmacy is required to dispense the lowest priced generic drug in stock which is therapeutically equivalent to the one prescri…

(1) Routine inspections of pharmacies for compliance with KRS 217.815 to 217.826 shall be undertaken by the Kentucky Board of Pharmacy. (2) Every pharmacy shall retain for a period of two (2) years from July 15, 1982, a pharmacy record of all prescribed drug and biological produc…

The Office of Consumer Protection in the Office of the Attorney General shall develop and distribute to licensed pharmacies without charge a pamphlet for citizens of the Commonwealth which explains the provisions of KRS 217.815 to 217.826 and 217.895. Pharmacists shall display su…

(1) As used in this section, "volatile substance" means any glue, cement, or paint or other substance containing a solvent or chemical having the property of releasing toxic vapors or fumes which when inhaled may cause a condition of intoxication, inebriation, stupefaction, dulli…

When any person removes any volatile substance from the container in which it is delivered to him and repackages it into containers not used in the ordinary course of business for the purpose of packaging such volatile substances and for the purpose of sale, a rebuttable presumpt…

As used in KRS 217.907 to 217.917: (1) "Legend drug" means any drug defined by the Federal Food, Drug and Cosmetic Act, as amended, and under which definition its label is required to bear the statement "Caution: Federal law prohibits dispensing without prescription." (2) "Distri…

No legend drug in finished solid dosage form may be manufactured or distributed within the Commonwealth unless it has clearly and prominently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, National Drug Code, or any combination ther…

Manufacturers or distributors shall make available to the board, upon the board's request, descriptive material which will identify each current imprint used by the manufacturer or distributor on legend drugs in solid dosage form.

The board may exempt a particular drug product from the requirements of KRS 217.907, upon application of a manufacturer or distributor showing that the drug product's size, texture, or other unique characteristics render imprinting impractical or impossible.

The provisions of KRS 217.907 to 217.917 shall not apply to drug products compounded by a pharmacist licensed pursuant to KRS Chapter 315, in a pharmacy operating under a permit as required by KRS 315.035.

All legend drugs in solid dosage form that are possessed, distributed, sold or offered for sale in violation of the provisions of KRS 217.907 to 217.917 shall be deemed contraband and shall be seized by the board and forfeited to the state.

The board shall promulgate regulations implementing the provisions of KRS 217.907 to 217.915.

The provisions of KRS 217.907 to 217.917 and 217.990(12) shall not apply to drug products manufactured prior to July 1, 1983.

As used in KRS 217.920 to 217.928, unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Tanning device" means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth, or tanning bed,…

(1) Before any person who has reached his or her fourteenth birthday and has not passed his or her eighteenth birthday uses a tanning device, he or she shall give the tanning facility a statement, signed by his or her parent or legal guardian, stating that the parent or legal gua…

(1) A tanning facility shall give each customer a written statement pursuant to 21 C.F.R. 1040.20. The written statement shall include warnings stating that: (a) Failure to use eye protection provided to the customer by the tanning facility may result in damage to the eyes; (b) O…

to 217.928. The cabinet shall promulgate administrative regulations as follows: (1) Develop a strategy to monitor compliance with 21 C.F.R. 1040.20; (2) Develop forms to assist tanning facilities with recordkeeping regarding parental consent, frequency of use by children fourteen…

Any administrative hearing conducted under KRS 217.920 to 217.928 shall be conducted in accordance with KRS Chapter 13B.

As used in KRS 217.930 to 217.942: (1) "Eligible patient" means a veteran who meets the requirements of KRS 217.934; (2) "Health care provider" means a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant; (3) "Health facility" has …

therapy to eligible patients upon request. (1) A health care provider or health facility shall make hyperbaric oxygen therapy available to an eligible patient who has requested it pursuant to KRS 217.930 to 217.942. (2) The health care provider or health facility may: (a) Provide…

A veteran shall be an eligible patient for hyperbaric oxygen therapy if he or she has: (1) A diagnosis of traumatic brain injury or post-traumatic stress disorder that is attested to by the patient's treating health care provider; (2) A prescription for hyperbaric oxygen therapy …

treatment. (1) A veteran or a veteran's legal guardian shall provide written informed consent for treatment with hyperbaric oxygen therapy in order to receive HBOT to treat traumatic brain injury or post-traumatic stress disorder. (2) At a minimum, the written informed consent sh…

(1) KRS 217.930 to 217.942 shall not: (a) Expand the coverage required of an insurer; (b) Affect the requirements for insurance coverage of routine patient costs for veterans involved in hyperbaric oxygen therapy; (c) Require a health plan, third-party administrator, or governmen…

hyperbaric oxygen therapy. (1) A licensing board shall not revoke, fail to renew, suspend, or take any action against a licensed health care provider based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with hyperbaric…

hyperbaric oxygen therapy. (1) An official, employee, or agent of the Commonwealth of Kentucky shall not block or attempt to block an eligible patient's access to hyperbaric oxygen therapy. (2) Counseling, advice, or a recommendation consistent with medical standards of care from…

(1) Any person who violates any of the provisions of this chapter or who fails to perform any duties imposed by those sections, or who violates any determination or order of the department promulgated pursuant thereto shall be liable to a civil penalty of not to exceed the sum of…