Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
315.121(1)(d),
315.126
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
315.126(1) requires the
Board of Pharmacy to establish a pharmacy recovery network committee (PRNC).
This administrative regulation establishes minimum requirements for the
establishment and operation of the PRNC. This administrative regulation
specifies the manner by which the board's PRNC consultant works with the board
in intervention, evaluating and treating a pharmacist or intern, and providing
for continuing care and monitoring by the consultant through a treatment
provider.
Section 1. The board's
Pharmacist Recovery Network Committee (PRNC) consultant shall be a pharmacist
licensee of the board. The consultant shall assist the Case Review Committee
(CRC) and the PRNC in carrying out their respective responsibilities. This
shall include working with the board's inspectors and investigators to
determine whether a pharmacist or intern is in fact impaired.
Section 2. If a pharmacist or intern self
reports impairment as a result of the misuse or abuse of alcohol or drugs, or
both; or if the board receives a legally sufficient complaint alleging that a
pharmacist or intern is impaired as a result of the misuse or abuse of alcohol
or drugs, or both, and no complaint against the pharmacist or intern other than
impairment exists, the reporting of any impairment information to the board
shall be forwarded to the consultant and shall not constitute grounds for
discipline, if the PRNC finds the pharmacist or intern has:
(1) Acknowledged the impairment
problem;
(2) Voluntarily enrolled
in an appropriate, approved treatment program;
(3) Voluntarily withdrawn from practice or
limited the scope of practice as required by the consultant, in each case,
until the PRNC is satisfied the licensee has successfully completed an approved
treatment program; and
(4) Executed
releases for medical records, authorizing the release of all records of
evaluations, diagnoses, and treatment of the licensee, including records of
treatment for emotional or mental conditions, to the consultant. The consultant
shall not make copies or reports of records that do not regard the issue of the
licensee's impairment and his or her participation in a treatment
program.
Section 3.
(1) A treatment provider shall disclose to
the consultant or board if applicable all information in its possession
regarding the issue of a pharmacist's or intern's impairment and participation
in the treatment program. Failure of the treatment provider to provide
information to the consultant shall be a basis for the withdrawal of the use of
the program or provider.
(2) If in
the opinion of the consultant or PRNC, an impaired pharmacist or intern has not
progressed satisfactorily in a treatment or recovery program, all information
regarding the issue of a pharmacist's or intern's impairment and participation
in a treatment or recovery program in the consultant's possession shall be
disclosed to the board. That disclosure shall constitute a complaint.
Section 4. All information
concerning a pharmacist or intern held by the consultant, PRNC, CRC, or board
shall remain confidential.
Section
5.
(1) The PRNC shall be
comprised of eleven (11) members. The members shall include:
(a) The President of the Board of
Pharmacy;
(b) The Chair of the
PRNC;
(c) The Executive Director of
the Board of Pharmacy; and
(d)
Eight (8) other members, of which seven (7) shall be pharmacists and one (1)
shall be a citizen member.
(2)
(a) All
members shall have the same rights, which include voting privileges.
(b) A member of the PRNC shall not be on the
board, except the President of the Board.
(c) Any criminal conviction or disciplinary
action by a licensure board against a proposed member shall be reported to the
board prior to consideration for appointment.
(d) There may be no more than four (4)
members in successful recovery on the PRNC.
(e) A pharmacist under a Pharmacist Recovery
Network Agreement shall not serve on the PRNC.
(3)
(a) A
PRNC member may be appointed by the board a maximum of three (3), four (4) year
terms.
(b) A PRNC member shall not
serve more than (2) terms consecutively.
(c) After serving two (2) consecutive terms a
PRNC member shall rotate off the PRNC for at least two (2) years.
(d) A committee member shall serve no more
than twelve (12) years on the PRNC.
(e) The President of the Board, the PRNC
Consultant, and the Executive Director of the Board membership on the PRNC
shall not constitute a twelve (12) year term.
(f) Membership of the PRNC shall be selected
by the board from a list of qualified candidates submitted by an interested
individual or entity.
(4) A member of the PRNC who becomes
impaired, relapses, has any criminal conviction, or has any disciplinary action
by a licensure board shall immediately resign from the PRNC.
(5) The board by majority vote, with the
recusal of the President of the Board, may remove a member of the PRNC for any
of the following reasons:
(a) Refusal or
inability of a committee member to perform duties as a member of the committee
in an efficient, responsible, and professional manner;
(b) Misuse of the committee by a member to
obtain personal, pecuniary, or material gain or advantage for the member or
others; and
(c) Violation of any
provision of KRS Chapter 315.
STATUTORY AUTHORITY:
KRS
315.126(3),
315.191(1)(a)
