Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:110 - Monitoring system for prescription controlled substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				72.026,
				216B.015(13),
				218A.010(12),
				(40),
				218A.202,
				218A.205(2) (a),
				(6),
				218A.240(7)(a),
				42 C.F.R. Part 2
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.202(1) directs the
				Cabinet for Health and Family Services to establish and maintain an electronic
				system for monitoring Schedule II, III, IV, and V controlled substances.
				KRS
				218A.250 requires the cabinet to promulgate
				administrative regulations pursuant to KRS Chapter 13A for carrying out the
				provisions of KRS Chapter 218A. This administrative regulation establishes
				criteria for reporting prescription data, establishes procedures to correct
				errors, and allows for disclosure of data to authorized persons.
Section 1. Definitions.
(1) "Branch" means the Drug Enforcement and
			 Professional Practices Branch in the Division of Audits and Investigations,
			 Office of Inspector General, Cabinet for Health and Family Services.
(2) "Cabinet personnel" means an individual
			 who:
(a)
1.
			 Is directly employed by the Cabinet for Health and Family Services;
			 or
2. Is employed by an agent or
			 contractor of the cabinet;
(b) Has undergone KASPER training;
			 and
(c) Has been approved to use
			 the KASPER system.
(3)
			 "Central registry" is an entity defined by
			 908 KAR 1:374, Section 1(3) that
			 may report information to KASPER on behalf of a narcotic treatment
			 program.
(4) "Dispenser" is defined
			 by KRS
			 218A.010(12), and:
(a) Includes a dispenser who has a DEA (Drug
			 Enforcement Administration) number or is a pharmacist who owns or is employed
			 by a facility that operates a pharmacy that has a DEA number;
(b) Includes a narcotic treatment program
			 licensed pursuant to
			 908 KAR 1:374; and
(c) Does not include an individual licensed
			 to practice veterinary medicine under KRS Chapter 321.
(5) "Health facility" is defined by
			 KRS
			 216B.015(13).
(6) "KASPER" means Kentucky All-Schedule
			 Prescription Electronic Reporting System.
(7) "Patient identifier" means a patient's:
(a) Full name;
(b) Address, including zip code;
(c) Date of birth; and
(d) Social Security number or an alternative
			 identification number established pursuant to Section 5 of this administrative
			 regulation.
(8)
			 "Practitioner" is defined by
			 KRS
			 218A.010(40).
(9) "Report" means a compilation of data
			 concerning a patient, dispenser, practitioner, or controlled
			 substance.
(10) "Suspected drug
			 overdose" means an acute condition that:
(a)
			 Includes conditions such as physical illness, coma, mania, or hysteria that is
			 the result of consumption or use of a controlled substance, or another
			 substance with which a controlled substance was combined; and
(b) Relates to injury or poisoning by any
			 substance corresponding to the following International Classification of
			 Disease (ICD) version 10 (ICD-10) codes available at
https://www.cms.gov/Medicare/Coding/ICD10
:
1. T40;
2. T42; or
3. T43.