2021 Kentucky Revised Statutes Chapter 315 - Pharmacists and pharmacies 315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice pharmacy -- Exceptions -- Access to pharmacy electronic database allowed under specific conditions -- Persons employed to assist practice of pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt under KRS 315.135.
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315.020
Only pharmacists to supervise manufacturing of pharmaceuticals or
practice pharmacy -- Exceptions -- Access to pharmacy electronic database
allowed under specific conditions -- Persons employed to assist practice of
pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt
under KRS 315.135.
(1)
(2)
(3)
(4)
(5)
No owner of a pharmacy who is not a pharmacist shall fail to place a pharmacist in
charge of his or her pharmacy or shall permit any person to compound or dispense
prescription drugs, medicines, or pharmaceuticals in his or her place of business
except in the presence and under the immediate supervision of a pharmacist.
No manufacturer of pharmaceuticals who is not a pharmacist shall fail to place a
pharmacist in charge of his or her place of business or shall permit any person to
compound prescription drugs, medicines, or pharmaceuticals in his or her place of
business, except as provided by the board through the promulgation of
administrative regulations pursuant to KRS Chapter 13A.
Except as provided in subsection (4) of this section, no person shall engage in the
practice of pharmacy unless licensed to practice under the provisions of KRS
Chapter 315.
The provisions of subsection (3) of this section shall not apply to:
(a) Pharmacist interns performing professional practice activities under the
immediate supervision of a licensed pharmacist. The nature and scope of the
activities referred to in this paragraph shall be determined by the board
through administrative regulation promulgated pursuant to KRS Chapter 13A;
(b) Pharmacist interns and pharmacy technicians performing specifically
identified pharmacy practice activities while under the supervision of a
pharmacist. The nature and scope of the activities referred to in this paragraph
shall be determined by the board through administrative regulation
promulgated pursuant to KRS Chapter 13A;
(c) Other licensed health care professionals practicing within the statutory scope
of their professional practices; or
(d) Volunteer health practitioners providing services under KRS 39A.350 to
39A.366.
(a) As used in this subsection:
1.
"Order entry" means the process by which pharmacy personnel validate
prescription data and enter that data into a pharmacy's dispensing or
medication management system. Prescription data includes but is not
limited to patient demographics, prescriber demographics, drug name,
strength, dosage form, quantity, the directions for use, refill
authorization, or any clarifications of the same; and
2.
"Order entry verification" means the process by which a pharmacist
verifies prescription data entered in a pharmacy's dispensing or
medication management system after order entry has been completed.
(b) Nothing in this chapter shall prohibit a pharmacist licensed in Kentucky, or
(6)
a pharmacy technician registered in Kentucky or a pharmacy intern certified in
Kentucky who is working under the supervision of the pharmacist, from
accessing the electronic database of the pharmacy, from inside or outside of
the pharmacy, to perform order entry, order entry verification, or drug regimen
review as defined in KRS 315.010, if:
1.
The pharmacy has established controls to protect the confidentiality and
integrity of protected health information;
2.
No part of the pharmacy's database is duplicated, downloaded, or
removed from the electronic database;
3.
The pharmacy is located in Kentucky and is permitted by the board; and
4.
All personnel who access the pharmacy's electronic database from
outside of the pharmacy reside in Kentucky or within one hundred (100)
miles of the pharmacy.
(c) Supervision required by paragraph (b) of this subsection may include
electronic supervision.
(d) This subsection shall only apply to pharmacies that are not open to the public
and do not dispense to walk-in patients in a retail setting.
(e) Nothing in this subsection shall be construed to authorize final product
verification and dispensing of a prescription from a location outside of or
other than a pharmacy.
(f) Nothing in this subsection permits pharmacists, pharmacy technicians, or
pharmacy interns to receive hard copy prescriptions outside of the premises of
a permitted pharmacy.
Effective April 1, 2009, an owner of a pharmacy shall not employ a person to assist
in the practice of pharmacy unless the person is registered as a pharmacy technician
by the board or exempt under KRS 315.135.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 56, sec. 3, effective June 29, 2021. -- Amended
2008 Ky. Acts ch. 148, sec. 7, effective July 15, 2008. -- Amended 2007 Ky. Acts ch.
96, sec. 15, effective June 26, 2007. -- Amended 1996 Ky. Acts ch. 257, sec. 4,
effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 191, sec. 2, effective July 15,
1982. -- Amended 1970 Ky. Acts ch. 221, sec. 2. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2619, 2620, 2628, 2631.
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