218A.180 Distribution by practitioner or pharmacist -- Prescription requirements -
- Penalties.
(1) Except when dispensed directly by a practitioner to an ultimate user, no
methamphetamine or controlled substance in Schedule II may be dispensed without <br>the written prescription of a practitioner. No prescription for a controlled substance <br>in Schedule II shall be valid after sixty (60) days from the date issued. No <br>prescription for a controlled substance in Schedule II shall be refilled. All <br>prescriptions for controlled substances classified in Schedule II shall be maintained <br>in a separate prescription file.
(2) Except when dispensed directly by a practitioner to an ultimate user, a controlled
substance included in Schedules III, IV, and V, which is a prescription drug, shall <br>not be dispensed without a written, electronic, or oral prescription by a practitioner. <br>The prescription shall not be filled or refilled more than six (6) months after the <br>date issued or be refilled more than five (5) times, unless renewed by the <br>practitioner and a new prescription, written, electronic, or oral shall be required.
(3) (a) To be valid, a prescription for a controlled substance shall be issued only for a
legitimate medical purpose by a practitioner acting in the usual course of his <br>professional practice. Responsibility for the proper dispensing of a controlled <br>substance pursuant to a prescription for a legitimate medical purpose is upon <br>the pharmacist who fills the prescription.
(b) A prescription shall not be issued for a practitioner to obtain a controlled
substance for the purpose of general dispensing or administering to patients.
(4) All written prescriptions for controlled substances shall be dated and signed by the
practitioner on the date issued and shall bear the full name and address of the <br>patient, drug name, strength, dosage form, quantity prescribed, directions for use, <br>and the name, address and registration number of the practitioner.
(5) All oral or electronic prescriptions shall include the full name and address of the
patient, drug name, strength, dosage form, quantity prescribed, directions for use, <br>and the name, address and registration number of the practitioner.
(6) All oral or electronic prescriptions shall be immediately reduced to writing, dated,
and signed by the pharmacist. A prescription contained in a computer or other <br>electronic format shall not be considered writing.
(7) A pharmacist refilling any prescription shall record on the prescription or other
equivalent record the date, the quantity, and the pharmacist's initials. The <br>maintenance of prescription records under the federal controlled substances laws <br>and regulations containing substantially the same information as specified in this <br>subsection shall constitute compliance with this subsection.
(8) The pharmacist filling a written, electronic, or oral prescription for a controlled
substance shall affix to the package a label showing the date of filling, the pharmacy <br>name and address, the serial number of the prescription, the name of the patient, the <br>name of the prescribing practitioner and directions for use and cautionary <br>statements, if any, contained in such prescription or required by law.
(9) Any person who violates any provision of this section shall:
(a) For the first offense, be guilty of a Class A misdemeanor. <br>(b) For a second or subsequent offense, be guilty of a Class D felony.
Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 301, sec. 24, effective July 15, 1998; and ch. 606,
sec. 68, effective July 15, 1998 -- Amended 1982 Ky. Acts ch. 259, sec. 1, effective <br>July 15, 1982. -- Created 1972 Ky. Acts ch. 226, sec. 19.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 301 and 606 which do not appear to be in conflict and have been <br>codified together.
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