Title 201 | Chapter 002 | Regulation 330


201 KAR 2:330.Emergency pharmacy powers.

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.

HISTORY: (37 Ky.R. 951; eff. 10-20-2010; Crt eff. 4-17-2019.)

7-Year Expiration: 4/17/2026

Last Action: 12/15/2021


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