218A.190 Exempt codeine preparations.
(1)
(2)
(3)
(4)
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 conditions:
(a) That the medicinal preparation shall contain in addition to the codeine in it,
some drug or drugs conferring upon it medicinal qualities other than those
possessed by the codeine alone;
(b) That such preparation shall be dispensed or sold in good faith as a medicine,
and not for the purpose of evading the provisions of this chapter;
(c) That such preparation shall only be sold at retail without a prescription to a
person at least eighteen (18) years of age and only by a pharmacist. An
employee may complete the actual cash or credit transaction or delivery;
(d) That such preparations shall not be displayed in areas of the pharmacy open to
the public; and
(e) That no person shall purchase and no pharmacist or practitioner shall sell to
the same person within a forty-eight (48) hour period more than one hundred
twenty (120) milliliters of an exempt codeine preparation. Any person
purchasing in excess of this limitation shall be deemed to be in illegal
possession.
All wholesalers, manufacturers, and repackers shall keep a separate exempt codeine
registry showing the following:
(a) Date;
(b) Registration number of recipient;
(c) Name of recipient;
(d) Address;
(e) Name of preparation; and
(f) Quantity.
All pharmacists and practitioners shall keep a separate exempt codeine registry
showing the following:
(a) Date;
(b) Name of recipient;
(c) Address;
(d) Name of preparation;
(e) Quantity; and
(f) Pharmacist's or practitioner's name.
Notwithstanding any other provision of this section, the Cabinet for Health and
Family Services may by regulation specifically prohibit any such codeine
preparation from being sold over the counter due to actual or potential abuse.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 541, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 484, effective July 15, 1998. -- Amended 1974 Ky. Acts
ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 226, sec. 20.
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