Title 201 | Chapter 002 | Regulation 225


201 KAR 2:225REG
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201 KAR 2:225.Special limited pharmacy permit – medical gas.

Section 1.

Definitions.

(1)

"Medical gases" means gases (including liquefied gases) classified by FDA as drugs or devices that are used for medical applications and which may be stored and administered through the use of medical gas related equipment, which may or may not be required under federal or state law for the immediate container to bear the label, "Rx only" or "Caution: Federal or State law prohibits dispensing without a prescription."

(2)

"Special limited pharmacy permit" means a permit issued to a pharmacy that provides miscellaneous specialized pharmacy service and functions.

Section 2.

General Requirements.

(1)

(a)

An applicant for a special limited pharmacy permit for medical gases shall comply with the requirements of 201 KAR 2:180, except Section 5 and 201 KAR 2:205, except that the pharmacist-in-charge designated on the special permit shall be exempt from the requirements of 201 KAR 2:205, Section 2(2).

(b)

The pharmacist-in-charge shall review the records and do an onsite visit of the special limited pharmacy permit applicant for medical gases not less than once each quarter.

(2)

An applicant for a special limited pharmacy permit for medical gases shall prepare and adopt a policy and procedures manual that sets forth a detailed description of how the:

(a)

Operation will comply with applicable federal, state, or local laws or administrative regulations; and

(b)

Licensee will maintain the premises so that the medical gas remains secure and complies with applicable compendial monographs of official pharmacopoeias.

(3)

An applicant for a special limited pharmacy permit for medical gases shall be inspected by the board prior to the issuance of the license.

Section 3.

Qualifications for License.

(1)

The board shall consider the following in reviewing the qualifications of an applicant for a special limited pharmacy permit for medical gases:

(a)

The applicant's experience in the sale or distribution of prescription drugs, including controlled substances;

(b)

A felony conviction of the applicant under federal, state, or local laws;

(c)

The furnishing by the applicant of false or fraudulent material in a previous application for:

1.

A special limited pharmacy permit for medical gases; or

2.

A federal or state medical assistance program;

(d)

Suspension or revocation of an applicant's license or permit by federal, state, or local government; and

(e)

Compliance with requirements under a previously granted license or permit.

(2)

The board shall deny an application for a special limited pharmacy permit for medical gases, if an applicant has:

(a)

Been convicted for a violation of federal, state, or local laws relating to:

1.

The practice of pharmacy;

2.

Drugs; or

3.

Federal or state medical assistance programs.

(b)

Furnished false or fraudulent material in the application for a special limited pharmacy permit for medical gases;

(c)

Failed to maintain or make available required records to the:

1.

Board; or

2.

Federal, state, or local law enforcement officials;

(d)

Failed to comply with applicable federal, state, and local laws and regulations relating to medical gas; or

(e)

Failed to provide appropriate land, buildings, and security necessary to properly carry on the business described in his application.

Section 4.

License Fees; Renewals. An applicant shall submit:

(1)

An initial or renewal application for a special limited pharmacy permit for medical gases on either the Application for Special Limited Pharmacy Permit- Medical Gas or the Application for Special Limited Pharmacy Permit – Medical Gas Renewal; and

(2)

As appropriate, the:

(a)

Initial application fee established by 201 KAR 2:050, Section 1(8); or

(b)

Renewal fee established by 201 KAR 2:050, Section 1(9).

Section 5.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Application for Special Limited Pharmacy Permit – Medical Gas", May 2020; and

(b)

"Application for Special Limited Pharmacy Permit – Medical Gas Renewal", May 2020.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Pharmacy, 125 Holmes Street, Suite 300, Frankfort, Kentucky 40601-8204, Monday through Friday, 8 a.m. to 4:30 p.m.

HISTORY: (23 Ky.R. 4021; 24 Ky.R. 329; eff. 7-16-1997; 45 Ky.R. 3456, 46 Ky.R. 412; eff. 8-19-2019; 47 Ky.R. 362, 1366; eff. 2-4-2021.)

7-Year Expiration: 2/4/2028

Last Updated: 7/15/2022


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