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KAR 9:220. Restriction upon dispensing of Schedule II controlled substances and
Schedule III controlled substances containing Hydrocodone.
RELATES TO: KRS 218A.205(3)(b),
311.595(9), (12), 311.597
STATUTORY AUTHORITY: KRS 218A.205(3)(b), 311.565(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
311.565(1)(a) authorizes the board to promulgate administrative regulations to
regulate the conduct of licensees. KRS 218A.205(3)(b) requires the board to
promulgate an administrative regulation to prohibit a practitioner from
dispensing greater than a forty-eight (48) hour supply of any Schedule II controlled
substance or a Schedule III controlled substance containing hydrocodone unless
the dispensing is done as part of a narcotic treatment program licensed by the
Cabinet for Health and Family Services. This administrative regulation
establishes that prohibition.
Section 1. (1) A physician licensed in
Kentucky shall not dispense an amount greater than a forty-eight (48) hour
supply of any Schedule II controlled substance or a Schedule III controlled substance
containing hydrocodone to any patient, unless the dispensing is done as part of
a narcotic treatment program licensed by the Cabinet for Health and Family
Services.
(2) A physician licensed in Kentucky shall
not act to avoid the limitation upon dispensing established in subsection (1)
of this section by dispensing a Schedule II controlled substance or a Schedule
III controlled substance containing hydrocodone to a patient on consecutive or
multiple occasions.
(3) Any violation of this section shall
be considered a violation of KRS 311.595(12) and of 311.595(9), as illustrated
by KRS 311.597(1)(b), and shall constitute a legal basis for disciplinary action
pursuant to KRS 311.595.
(39 Ky.R. 661; Am. 1660; eff. 3-4-2013.)