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218A.180 Distribution by practitioner
requirements -- Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
or
pharmacist
--
Prescription
Except when dispensed directly by a practitioner to an ultimate user, no
methamphetamine or controlled substance in Schedule II may be dispensed
without the written, facsimile, or electronic prescription of a practitioner. A
prescription for a controlled substance in Schedule II may be dispensed by a
facsimile prescription only as specified in administrative regulations
promulgated by the cabinet. No prescription for a controlled substance in
Schedule II shall be valid after sixty (60) days from the date issued. No
prescription for a controlled substance in Schedule II shall be refilled. All
prescriptions for controlled substances classified in Schedule II shall be
maintained in a separate prescription file.
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 not be dispensed without a written, facsimile, electronic,
or oral prescription by a practitioner. The prescription shall not be filled or
refilled more than six (6) months after the date issued or be refilled more than
five (5) times, unless renewed by the practitioner and a new prescription,
written, electronic, or oral shall be required.
(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 professional practice. Responsibility for the proper
dispensing of a controlled substance pursuant to a prescription for a
legitimate medical purpose is upon 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.
All written and facsimile 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 patient, drug name, strength, dosage form, quantity
prescribed, directions for use, and the name, address and registration number
of the practitioner.
All oral, facsimile, or electronic prescriptions shall include the full name and
address of the patient, drug name, strength, dosage form, quantity prescribed,
directions for use, and the name, address and registration number of the
practitioner.
All oral prescriptions shall be immediately reduced to writing, dated, and signed
by the pharmacist.
A pharmacist refilling any prescription shall record on the prescription or other
equivalent record the date, the quantity, and the pharmacist's initials. The
maintenance of prescription records under the federal controlled substances
laws and regulations containing substantially the same information as specified
in this subsection shall constitute compliance with this subsection.
The pharmacist filling a written, facsimile, electronic, or oral prescription for a
controlled substance shall affix to the package a label showing the date of
(9)
filling, the pharmacy name and address, the serial number of the prescription,
the name of the patient, the name of the prescribing practitioner and directions
for use and cautionary statements, if any, contained in such prescription or
required by law.
Any person who violates any provision of this section shall:
(a) For the first offense, be guilty of a Class A misdemeanor.
(b) For a second or subsequent offense, be guilty of a Class D felony.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 63, sec. 1, effective June 8, 2011. -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 July 15, 1982. -- Created 1972 Ky. Acts ch. 226, sec. 19.
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