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315.191 Powers and duties of board -- Advisory council.
(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, manufacturers, and home medical equipment and services
providers, to the extent that regulation and control of same have not been
delegated to some other agency of the Commonwealth, but administrative
regulations relating to drugs and home medical equipment and services shall
be limited to the regulation and control of drugs sold pursuant to a
prescription drug order or home medical equipment sold pursuant to a medical
order. However, nothing contained in this chapter shall be construed as
authorizing the board to promulgate any administrative regulations relating to
prices or fees or to advertising or the promotion of the sales or use of
commodities or services;
(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to
schedule and conduct hearings on behalf of the board on any matter under the
jurisdiction of the board;
(c) Prescribe the time, place, method, manner, scope, and subjects of
examinations, with at least two (2) examinations to be held annually;
(d) Issue and renew all:
1.
Licenses for home medical equipment and services providers engaged in
providing home medical equipment and services; and
2.
Licenses, certificates, and permits for all pharmacists, pharmacist
interns, pharmacies, pharmacy technicians, wholesale distributors, and
manufacturers engaged in the manufacture, distribution, or dispensation
of drugs;
(e) Investigate all complaints or violations of the state pharmacy and home
medical equipment laws and the administrative regulations promulgated by
the board, and bring all these cases to the notice of the proper law enforcement
authorities;
(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are
necessary and to control the storage, retrieval, dispensing, refilling, and
transfer of prescription drug orders within and between pharmacists and
pharmacies licensed or issued a permit by it;
(g) Perform all other functions necessary to carry out the provisions of law and
the administrative regulations promulgated by the board relating to
pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale
distributors, manufacturers, and home medical equipment and services
providers;
(h) Establish or approve programs for training, qualifications, and registration of
pharmacist interns;
(i) Assess reasonable fees, in addition to the fees specifically provided for in this
(2)
chapter and consistent with KRS 61.870 to 61.884, for services rendered to
perform its duties and responsibilities, including, but not limited to, the
following:
1.
Issuance of duplicate certificates;
2.
Mailing lists or reports of data maintained by the board;
3.
Copies of documents; or
4.
Notices of meetings;
(j) Seize any drug or device found by the board to constitute an imminent danger
to public health and welfare;
(k) Establish an advisory council to advise the board on administrative regulations
and other matters, within the discretion of the board, pertinent to the
regulation of pharmacists, pharmacist interns, pharmacy technicians,
pharmacies, drug distribution, drug manufacturing, and home medical
equipment and services. The council shall consist of nine (9) members
selected by the board for terms of up to four (4) years. No member shall serve
on the council for more than eight (8) years. Membership of the council shall
include seven (7) individuals broadly representative of the profession of
pharmacy and the general public, and two (2) individuals representative of the
home medical equipment and services profession licensed in accordance with
KRS 315.518. Members shall be selected by the board from a list of qualified
candidates submitted by the association, society, or other interested parties;
(l) Promulgate administrative regulations establishing the qualifications that
pharmacy technicians are required to attain prior to engaging in pharmacy
practice activities outside the immediate supervision of a pharmacist; and
(m) Oversee and administer the licensure of home medical equipment and services
providers pursuant to KRS 315.510 to 315.524.
The board shall have other authority as may be necessary to enforce pharmacy and
home medical equipment laws and administrative regulations of the board
including, but not limited to:
(a) Joining or participating in professional organizations and associations
organized exclusively to promote improvement of the standards of practice of
pharmacy and of providing home medical equipment and services for the
protection of public health and welfare or facilitate the activities of the board;
and
(b) Receiving and expending funds, in addition to its biennial appropriation,
received from parties other than the state, if:
1.
The funds are awarded for the pursuit of a specific objective which the
board is authorized to enforce through this chapter, or which the board is
qualified to pursue by reason of its jurisdiction or professional expertise;
2.
The funds are expended for the objective for which they were awarded;
3.
The activities connected with or occasioned by the expenditure of the
funds do not interfere with the performance of the board's
(3)
(4)
responsibilities and do not conflict with the exercise of its statutory
powers;
4.
The funds are kept in a separate account and not commingled with funds
received from the state; and
5.
Periodic accountings of the funds are maintained at the board office for
inspection or review.
In addition to the sanctions provided in KRS 315.121, the board or its hearing
officer may direct any licensee, permit holder, or certificate holder found guilty of a
charge involving home medical equipment, pharmacy, or drug laws, rules, or
administrative regulations of the state, any other state, or federal government, to pay
to the board a sum not to exceed the reasonable costs of investigation and
prosecution of the case, not to exceed twenty-five thousand dollars ($25,000).
In an action for recovery of costs, proof of the board's order shall be conclusive
proof of the validity of the order of payment and any terms for payment.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 56, sec. 3, effective June 24, 2015. -- Amended
2012 Ky. Acts ch. 73, sec. 13, effective July 12, 2012. -- Amended 2008 Ky. Acts ch.
148, sec. 10, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 61, sec. 4,
effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 257, sec. 20, effective July
15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 17, effective July 15, 1982. -Amended 1970 Ky. Acts ch. 221, sec. 16. -- Created 1966 Ky. Acts ch. 260, sec. 1.
Legislative Research Commission Note (7/12/2012). The internal format of subsection
(1)(d) of this statute has been modified by the Reviser of Statutes from the way it
appeared in 2012 Ky. Acts ch. 73, sec. 13, under the authority of KRS 7.136(1). The
words in the text were not changed.
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