201 KAR 2:100. Security and control of drugs and prescriptions

Link to law: http://www.lrc.ky.gov/kar/201/002/100.htm
Published: 2015

      201 KAR 2:100.

Security and control of drugs and prescriptions.

 

      RELATES TO: KRS

Chapter 315

      STATUTORY

AUTHORITY: KRS 315.035, 315.191(1)

      NECESSITY,

FUNCTION, AND CONFORMITY: The Kentucky Board of Pharmacy is authorized by KRS

315.191(1) to adopt rules and administrative regulations necessary to regulate

and control pharmacists and pharmacies. This administrative regulation is to

assure adequate security and control of drugs and prescriptions.

 

      Section 1. A

pharmacy must provide adequate security and control of its controlled

substances and prescription legend drugs and in the absence of a pharmacist the

pharmacy must be closed. If a pharmacy is located within a larger establishment

which is open to the public for business at times when a pharmacist is not

present then the pharmacy must be enclosed by a floor to ceiling partition

which may be either solid or solid transparent secured by lock from other

departments of the store. In the absence of a pharmacist such pharmacies must

be locked and secured. Employees of the establishment cannot be authorized to

enter the closed pharmacy during those hours when a pharmacist is not present.

Owners of prescription departments, which are to be closed at times the

merchandise area of the same establishment remains open, must request

permission from the Kentucky Board of Pharmacy, submit a detailed plan of the

prescription department barrier and obtain written approval before enclosing

the prescription department.

 

      Section 2. All

prescription files, all legend drugs and other items which are restricted to

sale either by or under the personal supervision of a pharmacist must be kept

in the pharmacy area.

 

      Section 3.

Written prescription orders and refill requests can be delivered to a pharmacy

at any time. But if no pharmacist is present then the prescription order(s)

must be deposited, by the patient or his agent delivering the prescription

order or refill request to the establishment, into a "mail slot" or

"drug box" such that the prescription order is stored in the pharmacy

area.

 

      Section 4.

Prepared prescription medications shall be stored in the pharmacy and cannot be

removed from the pharmacy unless the pharmacist is present and the removal is

for the immediate delivery to the patient, person picking up the prescription

for the patient, or person delivering the prescription to the patient at his

residence or similar place. Emergency drugs shall be available throughout a

hospital as deemed necessary by the pharmacist and under the overall control of

the pharmacist. A night drug cabinet shall be maintained for the provision of

emergency drugs in the absence of a pharmacist.

 

      Section 5. It

shall be regarded as unprofessional conduct under KRS 315.121(1)(f) for any

pharmacist or employer of pharmacists to refrain from reporting to the board a

pharmacist who:

      (1) Has been

convicted of a misdemeanor of felony which involved acts that bear directly on

the qualifications or ability of the applicant or licensee to practice

pharmacy; or

      (2) Commits

fraud or deceit in procuring or attempting to procure a license to practice

pharmacy; or

      (3) Negligently

or willfully acts in a manner inconsistent with the practice of pharmacy or

willfully repeatedly violates any provisions of this chapter; or

      (4) Has a

license to practice as a pharmacist denied, limited, suspended, probated or

revoked in another jurisdiction on grounds sufficient to cause a license to be

denied, limited, suspended, probated or revoked in this Commonwealth; or

      (5) Is

practicing pharmacy without a current active license issued by the board.

(Rx-13; 1 Ky.R. 718; Am. 2 Ky.R. 173; eff. 9-10-75; 11 Ky.R. 1615; eff.

6-4-85.)
Read Entire Law on www.lrc.ky.gov