Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
315.030,
315.035,
315.0351,
315.121,
315.131,
337.355,
337.365
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
315.191(1)(a) authorizes the
board to promulgate administrative regulations necessary to regulate and
control all matters set forth in KRS Chapter 315 relating to pharmacists and
pharmacies. This administrative regulation establishes the actions that
constitute unprofessional conduct of a pharmacy permit holder.
Section 1. Definitions.
(1) "Pharmacy permit holder" means any permit
maintained by a resident or non-resident pharmacy.
(2) "Provision of pharmacy services" means
the services provided to a patient from a licensee, permit holder, or
registrant.
(3) "Safe practices"
means practices that aim to prevent and reduce risks, errors, and harm, or
threat of harm to the public.
Section
2. Unprofessional Conduct. Unprofessional conduct for a pharmacy
permit holder includes conduct such as:
(1)
Introducing or enforcing policies and procedures related to the provision of
pharmacy services in a manner that results in deviation from safe
practices;
(2) Unreasonably
preventing or restricting a patient's timely access to patient records or
pharmacy services;
(3) Failing to
identify and resolve conditions that interfere with a pharmacist's ability to
practice competently and safely or creating an environment that jeopardizes
patient care, including by failing to provide appropriate staffing, training,
and appropriately requested rest and meal periods as permitted by
KRS
337.355 and
KRS
337.365;
(4) Repeatedly or knowingly failing to
provide resources appropriate for a pharmacist of reasonable diligence to
safely complete professional duties and responsibilities under state and
federal laws and regulations;
(5)
Requiring a pharmacist to operate a pharmacy with policies and procedures that
deviate from safe practices; and
(6) Taking disciplinary action or otherwise
retaliating against a licensee or registrant that reports or refuses to operate
a pharmacy that deviates from safe practices or a pharmacy that deviates from
state and federal laws and regulations.
STATUTORY AUTHORITY:
KRS
315.191(1)(a)
