KRS § 315.020 — KY Code / Title XXVI / Chapter 315 / Section 315.020
315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice pharmacy -- Exceptions -- Access to pharmacy electronic database allowed under specific conditions -- Persons employed to assist practice of pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt under KRS 315.135
Status: in_force

315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or

practice pharmacy -- Exceptions -- Access to pharmacy electronic database

allowed under specific conditions -- Persons employed to assist practice of

pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt

under KRS 315.135.

(1) No owner of a pharmacy who is not a pharmacist shall fail to place a pharmacist in

charge of his or her pharmacy or shall permit any person to compound or dispense

prescription drugs, medicines, or pharmaceuticals in his or her place of business

except in the presence and under the immediate supervision of a pharmacist.

(2) No manufacturer of pharmaceuticals who is not a pharmacist shall fail to place a

pharmacist in charge of his or her place of business or shall permit any person to

compound prescription drugs, medicines, or pharmaceuticals in his or her place of

business, except as provided by the board through the promulgation of

administrative regulations pursuant to KRS Chapter 13A.

(3) Except as provided in subsection (4) of this section, no person shall engage in the

practice of pharmacy unless licensed to practice under the provisions of KRS

Chapter 315.

(4) The provisions of subsection (3) of this section shall not apply to:

(a) Pharmacist interns performing professional practice activities under the

immediate supervision of a licensed pharmacist. The nature and scope of the

activities referred to in this paragraph shall be determined by the board

through administrative regulation promulgated pursuant to KRS Chapter 13A;

(b) Pharmacist interns and pharmacy technicians performing specifically

identified pharmacy practice activities while under the supervision of a

pharmacist. The nature and scope of the activities referred to in this paragraph

shall be determined by the board through administrative regulation

promulgated pursuant to KRS Chapter 13A;

(c) Other licensed health care professionals practicing within the statutory scope

of their professional practices; or

(d) Volunteer health practitioners providing services under KRS 39A.350 to

39A.366.

(5) (a) As used in this subsection:

1. "Order entry" means the process by which pharmacy personnel validate

prescription data and enter that data into a pharmacy's dispensing or

medication management system. Prescription data includes but is not

limited to patient demographics, prescriber demographics, drug name,

strength, dosage form, quantity, the directions for use, refill

authorization, or any clarifications of the same; and

2. "Order entry verification" means the process by which a pharmacist

verifies prescription data entered in a pharmacy's dispensing or

medication management system after order entry has been completed.

(b) Nothing in this chapter shall prohibit a pharmacist licensed in Kentucky, or a

pharmacy technician registered in Kentucky or a pharmacy intern certified in

Kentucky who is working under the supervision of the pharmacist, from

accessing the electronic database of the pharmacy, from inside or outside of

the pharmacy, to perform order entry, order entry verification, or drug regimen

review as defined in KRS 315.010, if:

1. The pharmacy has established controls to protect the confidentiality and

integrity of protected health information;

2. No part of the pharmacy's database is duplicated, downloaded, or

removed from the electronic database; and

3. The pharmacy is located in Kentucky and is permitted by the board.

(c) Supervision required by paragraph (b) of this subsection may include

electronic supervision.

(d) This subsection shall only apply to:

1. Pharmacies that are not open to the public and do not dispense to walk-

in patients in a retail setting; or

2. Hospitals licensed under KRS Chapter 216B.

(e) Nothing in this subsection shall be construed to authorize final product

verification and dispensing of a prescription from a location outside of or

other than a pharmacy.

(f) Nothing in this subsection permits pharmacists, pharmacy technicians, or

pharmacy interns to receive hard copy prescriptions outside of the premises of

a permitted pharmacy.

(6) Effective April 1, 2009, an owner of a pharmacy shall not employ a person to assist

in the practice of pharmacy unless the person is registered as a pharmacy technician

by the board or exempt under KRS 315.135.