Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 15.380, 218A.1446, 218A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.1446 authorizes
the Cabinet for Health and Family Services and the Office of Drug Control
Policy to establish an electronic recordkeeping mechanism for monitoring the
sale of any nonprescription compound, mixture, or preparation containing any
detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine,
their salts or optical isomers, or salts of optical isomers. KRS 218A.250
authorizes the cabinet to promulgate administrative regulations to carry out
the provisions of KRS Chapter 218A. This administrative regulation establishes
the Kentucky Electronic Methamphetamine Precursor Tracking (KEMPT)
system.
Section 1. Definitions.
(1) "Attempted purchase" means information
regarding a transaction is entered into the KEMPT system by a dispenser of a
precursor to methamphetamine and the sale is not completed because the system
recommends that the transaction be denied pursuant to KRS 218A.1446(5) or (6).
(2) "Cabinet" is defined by
KRS 218A.010(3).
(3) "Dispenser of
a precursor to methamphetamine" means a registered pharmacist, pharmacy intern,
or pharmacy technician who lawfully sells a nonprescription compound, mixture,
or preparation containing a detectable quantity of ephedrine, pseudoephedrine,
phenylpropanolamine, their salts or optical isomers, or salts of optical
isomers.
(4) "Kentucky Electronic
Methamphetamine Precursor Tracking" or "KEMPT" means the electronic
recordkeeping mechanism used by the Office of Drug Control Policy to monitor
the sale of a nonprescription compound, mixture, or preparation containing any
detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine,
their salts or optical isomers, or salts of optical isomers.
(5) "Law enforcement officer" means a:
(a) Drug enforcement agent designated by the
Cabinet for Health and Family Services pursuant to KRS 218A.240(2);
(b) Kentucky peace officer certified pursuant
to KRS 15.380 as a:
1. Kentucky State Police
officer;
2. City, county, or
urban-county police officer;
3.
Deputy sheriff; or
4. State or
public university safety and security officer;
(c) Certified or full-time peace officer of
another state; or
(d) Federal peace
officer.
(6) "ODCP"
means the Office of Drug Control Policy within the Kentucky Justice and Public
Safety Cabinet.
(7) "Precursor to
methamphetamine" means a nonprescription compound, mixture, or preparation
containing any detectable quantity of ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts or optical isomers, or salts of optical
isomers.
(8) "Purchaser" means an
individual age eighteen (18) or older who purchases, or attempts to purchase, a
nonprescription compound, mixture, or preparation containing any detectable
quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or
optical isomers, or salts of optical isomers.
Section 2. Electronic Reporting.
(1) The following information shall be
entered in the KEMPT system upon the purchase, or attempted purchase, of a
precursor to methamphetamine:
(a) Date of
transaction pursuant to KRS 218A.1446(2)(b), which is entered manually or
recorded automatically by KEMPT;
(b) Identifying information regarding the
purchaser pursuant to KRS 218A.1446(2)(b) and a government-issued photo
identification number; and
(c)
Amount and name of the product dispensed pursuant to KRS 218A.1446(2)(b).
(2) The
ODCP shall be solely responsible for the security of the transaction
information required by subsection (1) of this section after a dispenser of a
precursor to methamphetamine transmits the information.
(3) The ODCP shall provide a toll-free
telephone number:
(a) For technical support
available to a dispenser of a precursor to methamphetamine twenty-four (24)
hours per day, seven (7) days per week; and
(b) For customer service available to a
purchaser who has an inquiry regarding a transaction, Monday through Friday, 8
a.m. to 4:30 p.m., except for state recognized holidays.
(4) A pharmacy may use a hardcopy signature
logbook consisting of each purchaser's signature and transaction number to meet
the requirement for obtaining electronic signatures.
Section 3. Extension for Reporting
Information and Exemption from Electronic Reporting.
(1) If a dispenser of a precursor to
methamphetamine experiences mechanical or electronic failure, the ODCP shall
grant an extension for reporting the information required by Section 2(1) of
this administrative regulation.
(2)
To request an extension for reporting information required by Section 2(1) of
this administrative regulation, a dispenser of a precursor to methamphetamine
shall submit a request to the ODCP that:
(a)
States the reason for the request;
(b) Identifies the period of time for which
the extension is necessary, not to exceed seventy-two (72) hours; and
(c) Is submitted:
1. Within twenty-four (24) hours of discovery
of the circumstances resulting in the need for an extension request;
or
2. On the day following a
holiday or weekend if the discovery occurs on a day that ODCP offices are
closed.
(3)
If a transaction occurs during the time period in which a request described in
subsection (2) of this section is pending, a dispenser of a precursor to
methamphetamine shall:
(a) Maintain a written
log or electronic recordkeeping mechanism approved pursuant to KRS 218A.1446(2)(b) of the information required by Section 2(1) of this
administrative regulation; and
(b)
Enter the information in the KEMPT system within seventy-two (72) hours of the
system becoming operational.
(4) The ODCP shall acknowledge receipt of a
request described in subsection (2) of this section within:
(a) Twenty-four (24) hours of receipt;
or
(b) On the day following a
holiday or weekend if ODCP offices are closed.
Section 4. Request for KEMPT Reports.
(1) The ODCP shall provide a KEMPT report:
(a) To a law enforcement officer whose duty
is to enforce the laws of this state, another state, or of the United States
relating to drugs;
(b) To a
pharmacy;
(c) Pursuant to a
subpoena issued by a grand jury; or
(d) Pursuant to a court order issued by a
criminal court.
(2) The
ODCP shall not provide a KEMPT report to a person or entity that is not
authorized in accordance with subsection (1) of this section to receive the
report.
(3) A KEMPT report provided
to a pharmacy shall not identify the dispenser of a precursor to
methamphetamine or the dispensing pharmacy.
Section 5. Denial of Transactions and
Overrides.
(1) If an individual attempts to
purchase a precursor to methamphetamine in violation of the thirty (30) day or
one (1) year restrictions established by KRS 218A.1446(5), or the age
restriction established by KRS 218A.1446(6), the KEMPT system shall:
(a) Notify the pharmacy at the time of sale;
and
(b) Recommend that the pharmacy
deny the transaction.
(2) The KEMPT system shall provide an
override feature for use by a dispenser of a precursor of methamphetamine to
allow completion of the sale.
Section
6. Compliance Date. All pharmacies that dispense precursors to
methamphetamine shall:
(1) Comply with the
electronic reporting requirements of Section 2 of this administration
regulation within (30) days of the date that a pharmacy has access to KEMPT;
or
(2) Submit a request to ODCP for
an extension if the pharmacy is not able to comply with the electronic
reporting requirements on the date the pharmacy has access to KEMPT.
STATUTORY AUTHORITY: KRS 218A.1446,
218A.250