Title 201 | Chapter 002 | Regulation 330
PREVIOUS VERSION
The previous document that this document is based upon is available.
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 pursuant to KRS 217.215 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 2:205, 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: (201 KAR 002:330. 37 Ky.R. 951; eff. 10-20-2010; Crt eff. 4-17-2019; 52 Ky.R. 1187, 1685; eff. 6-16-2026.)
FILED WITH LRC: March 9, 2026
CONTACT PERSON: Christopher Harlow, Executive Director, Kentucky Board of Pharmacy, 125 Holmes Street, Suite 300, State Office Building Annex, Frankfort, Kentucky 40601, phone (502) 564-7910, fax (502) 696-3806, email Christopher.harlow@ky.gov.
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 pursuant to KRS 217.215 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 2:205(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: (201 KAR 002:330. 37 Ky.R. 951; eff. 10-20-2010; Crt eff. 4-17-2019; 52 Ky.R. 1187, 1685; eff. 6-16-2026.)
FILED WITH LRC: March 9, 2026
CONTACT PERSON: Christopher Harlow, Executive Director, Kentucky Board of Pharmacy, 125 Holmes Street, Suite 300, State Office Building Annex, Frankfort, Kentucky 40601, phone (502) 564-7910, fax (502) 696-3806, email Christopher.harlow@ky.gov.