902 KAR 55:115. Drug possession by
hospice or home health agency.
RELATES TO: KRS 217.005-217.215,
STATUTORY AUTHORITY: KRS 194A.050,
211.090, 217.125, 315.300
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 315.300 authorizes the Cabinet for Health Services to promulgate administrative
regulations that implement the possession of certain drugs by a hospice or home
health agency. The purpose of this administrative regulation is to establish
criteria that a pharmacy, hospice or home health agency must meet in order to
insure that drugs belonging to a pharmacy, that are stored in a hospice or home
health agency, are safe and effective for administration to patients.
Section 1. Authorized Employees. A
pharmacy may place a legend drug listed in KRS 315.300 with an authorized
employee of a hospice or a home health agency if the pharmacy maintains a record
of the license that authorizes the employee to administer legend drugs.
Section 2. Written Agreement. Each
party to a written agreement between a pharmacy and a home health agency or a
pharmacy and a hospice shall maintain a copy of the written agreement.
Section 3. Protocol. (1) A protocol
required by KRS 315.300 may be included in the written agreement or may be a
(2) If the protocol is a separate
document, a copy shall be maintained by the pharmacy and by the hospice or home
(3) The protocol shall be reviewed
not less than annually and modified if necessary.
Section 4. Records. (1) The pharmacy
record of a drug placed with authorized employees of a hospice or home health
agency shall be retained for five (5) years.
(2) The record of a drug administered
by authorized employees of a hospice or home health agency shall be retained by
the pharmacy for five (5) years. (25 Ky.R. 723; Am. 1369; eff. 12-16-98.)