KRS § 315.191 — KY Code / Title XXVI / Chapter 315 / Section 315.191
315.191 Powers and duties of board -- Advisory council
Status: in_force

315.191 Powers and duties of board -- Advisory council.

(1) The board is authorized to:

(a) Promulgate administrative regulations pursuant to KRS Chapter 13A

necessary to regulate and control all matters set forth in this chapter relating to

pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale

distributors, and manufacturers, to the extent that regulation and control of

same have not been delegated to some other agency of the Commonwealth,

but administrative regulations relating to drugs shall be limited to the

regulation and control of drugs sold pursuant to a prescription drug order.

However, except as provided in KRS 315.038, nothing contained in this

chapter shall be construed as authorizing the board to promulgate any

administrative regulations relating to prices or fees or to advertising or the

promotion of the sales or use of commodities or services;

(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to

schedule and conduct hearings on behalf of the board on any matter under the

jurisdiction of the board;

(c) Prescribe the time, place, method, manner, scope, and subjects of

examinations, with at least two (2) examinations to be held annually;

(d) Issue and renew all licenses, certificates, and permits for all pharmacists,

pharmacist interns, pharmacies, pharmacy technicians, wholesale distributors,

and manufacturers engaged in the manufacture, distribution, or dispensation

of drugs;

(e) Investigate all complaints or violations of the state pharmacy laws and the

administrative regulations promulgated by the board, and bring all these cases

to the notice of the proper law enforcement authorities;

(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are

necessary and to control the storage, retrieval, dispensing, refilling, and

transfer of prescription drug orders within and between pharmacists and

pharmacies licensed or issued a permit by it;

(g) Perform all other functions necessary to carry out the provisions of law and

the administrative regulations promulgated by the board relating to

pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale

distributors, and manufacturers;

(h) Establish or approve programs for training, qualifications, and registration of

pharmacist interns;

(i) Assess reasonable fees, in addition to the fees specifically provided for in this

chapter and consistent with KRS 61.870 to 61.884, for services rendered to

perform its duties and responsibilities, including, but not limited to, the

following:

1. Issuance of duplicate certificates;

2. Mailing lists or reports of data maintained by the board;

3. Copies of documents; or

4. Notices of meetings;

(j) Seize any drug or device found by the board to constitute an imminent danger

to public health and welfare;

(k) 1. Establish an advisory council to advise the board on statutes,

administrative regulations, and other matters within the discretion of the

board pertinent to the practice of pharmacy and regulation of

pharmacists, pharmacist interns, pharmacy technicians, pharmacies,

drug distribution, and drug manufacturing. The council shall provide

recommendations for updating policies and procedures, including

administrative regulations relating to the practice of pharmacy.

2. The council shall consist of nine (9) pharmacists broadly representative

of the profession of pharmacy. For purposes of this subparagraph,

"broadly representative" means the following:

a. Two (2) pharmacists appointed by the Kentucky Pharmacists

Association;

b. Two (2) pharmacists appointed by the Kentucky Independent

Pharmacy Alliance;

c. One (1) pharmacist who practices or specializes primarily in a mail

order pharmacy appointed by the Kentucky Pharmacists

Association;

d. One (1) pharmacist who practices or specializes primarily in a

long-term care pharmacy appointed by Kentucky Association of

Health Care Facilities;

e. One (1) pharmacist who practices or specializes primarily in a

veterinary pharmacy appointed by the Kentucky Pharmacists

Association;

f. One (1) pharmacist who practices or specializes primarily in a

hospital pharmacy appointed by the Kentucky Society of Health-

System Pharmacists; and

g. One (1) pharmacist who practices in a specialized pharmacy that

solely or mostly provides medication to persons living with serious

health conditions requiring complex therapies, appointed by the

Kentucky Pharmacists Association.

3. Each pharmacist member shall be licensed by the board, a resident of

Kentucky, and employed for at least two (2) consecutive years in the

practice area he or she represents.

4. Members shall serve terms of up to four (4) years and may serve two (2)

consecutive terms, but shall not serve on the council for more than two

(2) consecutive terms. Members may continue to serve until their

successors are appointed.

5. Members shall be confirmed by roll call vote of the board at a meeting

conducted in accordance with the Open Meetings Act, KRS 61.805 to

61.850; and

(l) Promulgate administrative regulations establishing the qualifications that

pharmacy technicians are required to attain prior to engaging in pharmacy

practice activities outside the immediate supervision of a pharmacist.

(2) The board shall have other authority as may be necessary to enforce pharmacy laws

and administrative regulations of the board including, but not limited to:

(a) Joining or participating in professional organizations and associations

organized exclusively to promote improvement of the standards of practice of

pharmacy for the protection of public health and welfare or facilitate the

activities of the board; and

(b) Receiving and expending funds, in addition to its biennial appropriation,

received from parties other than the state, if:

1. The funds are awarded for the pursuit of a specific objective which the

board is authorized to enforce through this chapter, or which the board is

qualified to pursue by reason of its jurisdiction or professional expertise;

2. The funds are expended for the objective for which they were awarded;

3. The activities connected with or occasioned by the expenditure of the

funds do not interfere with the performance of the board's

responsibilities and do not conflict with the exercise of its statutory

powers;

4. The funds are kept in a separate account and not commingled with funds

received from the state; and

5. Periodic accountings of the funds are maintained at the board office for

inspection or review.

(3) In addition to the sanctions provided in KRS 315.121, the board or its hearing

officer may direct any licensee, permit holder, or certificate holder found guilty of a

charge involving pharmacy or drug laws, rules, or administrative regulations of the

state, any other state, or federal government, to pay to the board a sum not to

exceed the reasonable costs of investigation and prosecution of the case, not to

exceed twenty-five thousand dollars ($25,000).

(4) In an action for recovery of costs, proof of the board's order shall be conclusive

proof of the validity of the order of payment and any terms for payment.