Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
13B.125,
218A.202,
311.565(1)(a),
311.592,
311.595(9),
(12),
311.597,
311.842,
311.850(1),
311.852
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
311.565(1)(a) and
311.842(1)
authorize the board to promulgate administrative regulations to regulate the
conduct of its licensees.
KRS
311.595(9) and (12) and
311.597
and
311.850(1)
authorize disciplinary action against licensees for specified offenses. This
administrative regulation establishes requirements for registration in the
KASPER system, prescribing controlled substances in the Commonwealth of
Kentucky, and enforcement.
Section 1.
(1) In order to lawfully prescribe or
dispense or administer a controlled substance within the Commonwealth of
Kentucky, a licensee shall:
(a) Hold a valid
DEA permit to do so; and
(b) Be
registered to use the KASPER system as required by
KRS
218A.202.
(2) Prescribing, dispensing, or administering
a controlled substance without a valid DEA permit or KASPER registration, as
required by subsection (1) of this section, shall constitute a violation of
KRS
311.595(9) and (12) or
311.850
that constitutes an immediate danger to the public health, safety, or welfare,
for the purposes of
KRS
311.592,
311.852,
and
13B.125.
(3)
(a) If
the board receives documentation from the Cabinet for Health and Family
Services that a licensee holds a valid DEA permit to prescribe, dispense, or
administer controlled substances to humans within the Commonwealth of Kentucky,
but is not currently registered with the cabinet to use the KASPER system as
required by
KRS
218A.202, the board shall immediately send
written notice, by certified mail return receipt requested, to the licensee
that the licensee is required to register with the Cabinet for Health and
Family Services to use the KASPER system within seven (7) days of receipt of
the written notice.
(b) At the end
of the seven (7) day period, the board shall confirm with the Cabinet for
Health and Family Services that the licensee registered with the cabinet to use
the KASPER system.
(c) If the
licensee failed to register with the Cabinet for Health and Family Services to
use the KASPER system within the seven (7) days following receipt of the
written notice, the appropriate inquiry panel or its chair shall promptly issue
an emergency order restricting that licensee from prescribing, dispensing, or
administering controlled substances within the Commonwealth of Kentucky until
the licensee has registered with the cabinet to use the KASPER
system.
(4)
(a) An emergency order restricting a licensee
from prescribing, dispensing, or administering controlled substances within the
Commonwealth of Kentucky issued pursuant to subsection (3)(c) of this section
shall remain valid and in effect until the board has received written
verification from the cabinet that the licensee has registered with the cabinet
to use the KASPER system.
(b) Upon
receipt of the written verification, the panel or its chair shall immediately
issue an order terminating the emergency order issued pursuant to subsection
(3)(c) of this section.
(5) If a licensee who is affected by an
emergency order issued pursuant to subsection (3)(c) of this section requests
an emergency hearing pursuant to
KRS
13B.125(3), the hearing
officer conducting the emergency hearing shall affirm the emergency order of
restriction if presented with a written notification on cabinet letterhead
stating that the affected licensee holds a valid DEA permit but is not
registered with the cabinet to use the KASPER system as required by
KRS
218A.202.
Section 2. If a licensee prescribes,
dispenses, or administers a controlled substance within the Commonwealth of
Kentucky during any period when the licensee is not registered with the cabinet
to use the KASPER system, each instance of prescribing or dispensing or
administering shall:
(1) Constitute a
separate violation of:
(a)
KRS
311.595(12) and (9), as
illustrated by
KRS
311.597(1)(b); or
(b) 311.850(1); and
(2) Serve as the basis for disciplinary
sanctions pursuant to
KRS
311.595 or
311.850.
STATUTORY AUTHORITY:
KRS
311.565(1)(a),
311.842(1)
