201 KAR 2:100. Security and control of drugs and prescriptions.


      RELATES TO: KRS Chapter 315

      STATUTORY AUTHORITY: KRS 315.035, 315.191(1)

      NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Board of Pharmacy is authorized by KRS 315.191(1) to adopt rules and administrative regulations necessary to regulate and control pharmacists and pharmacies. This administrative regulation is to assure adequate security and control of drugs and prescriptions.


      Section 1. A pharmacy must provide adequate security and control of its controlled substances and prescription legend drugs and in the absence of a pharmacist the pharmacy must be closed. If a pharmacy is located within a larger establishment which is open to the public for business at times when a pharmacist is not present then the pharmacy must be enclosed by a floor to ceiling partition which may be either solid or solid transparent secured by lock from other departments of the store. In the absence of a pharmacist such pharmacies must be locked and secured. Employees of the establishment cannot be authorized to enter the closed pharmacy during those hours when a pharmacist is not present. Owners of prescription departments, which are to be closed at times the merchandise area of the same establishment remains open, must request permission from the Kentucky Board of Pharmacy, submit a detailed plan of the prescription department barrier and obtain written approval before enclosing the prescription department.


      Section 2. All prescription files, all legend drugs and other items which are restricted to sale either by or under the personal supervision of a pharmacist must be kept in the pharmacy area.


      Section 3. Written prescription orders and refill requests can be delivered to a pharmacy at any time. But if no pharmacist is present then the prescription order(s) must be deposited, by the patient or his agent delivering the prescription order or refill request to the establishment, into a "mail slot" or "drug box" such that the prescription order is stored in the pharmacy area.


      Section 4. Prepared prescription medications shall be stored in the pharmacy and cannot be removed from the pharmacy unless the pharmacist is present and the removal is for the immediate delivery to the patient, person picking up the prescription for the patient, or person delivering the prescription to the patient at his residence or similar place. Emergency drugs shall be available throughout a hospital as deemed necessary by the pharmacist and under the overall control of the pharmacist. A night drug cabinet shall be maintained for the provision of emergency drugs in the absence of a pharmacist.


      Section 5. It shall be regarded as unprofessional conduct under KRS 315.121(1)(f) for any pharmacist or employer of pharmacists to refrain from reporting to the board a pharmacist who:

      (1) Has been convicted of a misdemeanor of felony which involved acts that bear directly on the qualifications or ability of the applicant or licensee to practice pharmacy; or

      (2) Commits fraud or deceit in procuring or attempting to procure a license to practice pharmacy; or

      (3) Negligently or willfully acts in a manner inconsistent with the practice of pharmacy or willfully repeatedly violates any provisions of this chapter; or

      (4) Has a license to practice as a pharmacist denied, limited, suspended, probated or revoked in another jurisdiction on grounds sufficient to cause a license to be denied, limited, suspended, probated or revoked in this Commonwealth; or

      (5) Is practicing pharmacy without a current active license issued by the board. (Rx-13; 1 Ky.R. 718; Am. 2 Ky.R. 173; eff. 9-10-75; 11 Ky.R. 1615; eff. 6-4-85.)