KRS § 218A.182 — KY Code / Title XVIII / Chapter 218A / Section 218A.182
218A.182 Electronic prescribing of controlled substances required -- Exceptions -- Duties of pharmacist -- Administrative regulations
Status: in_force

218A.182 Electronic prescribing of controlled substances required -- Exceptions --

Duties of pharmacist -- Administrative regulations.

(1) Notwithstanding KRS 218A.180 or any other state law to the contrary, beginning

January 1, 2021, no practitioner shall issue any prescription for a controlled

substance unless the prescription is made by electronic prescription from the

practitioner issuing the prescription to a pharmacy, except for prescriptions issued:

(a) By veterinarians;

(b) In circumstances where electronic prescribing is not available due to

temporary technological or electrical failure;

(c) By a practitioner to be dispensed by a pharmacy located outside the state;

(d) When the prescriber and dispenser are the same entity;

(e) That include elements that are not supported by the most recently

implemented version of the National Council for Prescription Drug Programs

Prescriber/Pharmacist Interface SCRIPT Standard;

(f) By a practitioner for a drug that contains certain elements that cannot be

incorporated as required by the United States Food and Drug Administration

with electronic prescribing, including extemporaneous compounding;

(g) By a practitioner allowing for the dispensing of a nonpatient specific

prescription under a standing order, approved protocol for drug therapy, or

collaborative drug management or comprehensive medication management, in

response to a public health emergency;

(h) By a practitioner prescribing a drug under a research protocol;

(i) By practitioners who have received a waiver or a renewal thereof, from the

requirement to use electronic prescribing due to economic hardship,

technological limitations that are not reasonably within the control of the

practitioner, or other exceptional circumstance demonstrated by the

practitioner. The initial waiver and each subsequent waiver renewal shall not

exceed one (1) year per waiver or waiver renewal;

(j) By a practitioner under circumstances where, notwithstanding the

practitioner's present ability to make an electronic prescription as required by

this subsection, the practitioner reasonably determines that it would be

impractical for the patient to obtain substances prescribed by electronic

prescription in a timely manner, and delay would adversely impact the

patient's medical condition;

(k) By a practitioner for an individual who receives hospice care; or

(l) By a practitioner for an individual who is a resident of a nursing facility.

(2) A pharmacist who receives a written, oral, or faxed prescription for a controlled

substance shall not be required to verify that the prescription properly falls under

one (1) of the exceptions from the requirement to electronically prescribe.

Pharmacists may continue to dispense medications from otherwise valid written,

oral, or fax prescriptions that are consistent with current laws and administrative

regulations.

(3) The cabinet shall promulgate administrative regulations to implement this section

including enforcement mechanisms, waivers of requirements, and appropriate

penalties for violations.