Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
39A.100,
315.500
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
315.500 establishes the conditions under
which a pharmacy may operate temporarily in an area not designated on the
pharmacy permit pursuant to an executive order issued by the Governor pursuant
to
KRS
39A.100. 315.191 authorizes the Board of
Pharmacy to promulgate administrative regulations governing pharmacists and
pharmacies. This administrative regulation sets out the conditions whereby a
prescription may be refilled pursuant to an executive order issued by the
Governor as authorized by
KRS
315.500 when the prescriber is unavailable.
This administrative regulation sets out the conditions whereby a pharmacy may
operate temporarily in an area not designated on the pharmacy permit pursuant
to an executive order issued by the Governor as authorized by
KRS
315.500.
Section
1. If a pharmacist receives a request for a prescription refill
with no refill authorized and the pharmacist is unable to readily obtain refill
authorization from the prescriber, the pharmacist may dispense an emergency
refill of up to a thirty (30) day supply of the medication if:
(1) The Governor has issued an executive
order as authorized by
KRS
315.500 for the county where the pharmacy is
located;
(2) The pharmacist obtains
prescription information from:
(a) A
prescription label;
(b) A
prescription record within the pharmacy;
(c) A prescription record from another
pharmacy;
(d) A common
database;
(e) The patient;
or
(f) Any other healthcare
record;
(3) The
prescription refill is not for a controlled substance;
(4) The prescription is for a maintenance
medication;
(5) In the pharmacist's
professional judgment, the interruption of therapy may produce undesirable
consequences or may be detrimental to the patient's welfare and cause physical
or mental discomfort; and
(6) The
pharmacist notes on the prescription record the date, the quantity dispensed,
and the pharmacist's name or initials.
Section 2.
(1) A
pharmacy may temporarily relocate to and operate at a new location if:
(a) It is not safe or practicable to operate
a pharmacy at the address listed on the permit; and
(b) The Governor has issued an executive
order as authorized by
KRS
315.500 for the county where the pharmacy is
located.
(2) The
pharmacy owner shall:
(a) Maintain
confidentiality of patient records;
(b) Secure all drugs; and
(c) Notify the board of the temporary address
as soon as practicable.
(3) The following regulatory requirements
shall not apply for this temporary location:
(a) The requirement to maintain references as
listed in
201 KAR
2:090, Section 1;
(b) The requirement to maintain equipment as
listed in
201 KAR
2:090, Section 2; and
(c) The requirement that the pharmacy be
enclosed by a floor to ceiling partition if it is located within a larger
establishment which is open to the public for business when a pharmacist is not
present.
STATUTORY AUTHORITY:
KRS
315.191,
315.505
