201 KAR 2:100.
Security and control of drugs and prescriptions.
RELATES TO: KRS
AUTHORITY: KRS 315.035, 315.191(1)
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.
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
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
(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
fraud or deceit in procuring or attempting to procure a license to practice
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
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.