Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:160 - Monitoring system for products containing ephedrine, pseudoephedrine, or phenylpropanolamine

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15.380, 218A.1446, 218A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.1446 authorizes
				the Cabinet for Health and Family Services and the Office of Drug Control
				Policy to establish an electronic recordkeeping mechanism for monitoring the
				sale of any nonprescription compound, mixture, or preparation containing any
				detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine,
				their salts or optical isomers, or salts of optical isomers. KRS 218A.250
				authorizes the cabinet to promulgate administrative regulations to carry out
				the provisions of KRS Chapter 218A. This administrative regulation establishes
				the Kentucky Electronic Methamphetamine Precursor Tracking (KEMPT)
				system.
Section 1. Definitions.
(1) "Attempted purchase" means information
			 regarding a transaction is entered into the KEMPT system by a dispenser of a
			 precursor to methamphetamine and the sale is not completed because the system
			 recommends that the transaction be denied pursuant to KRS 218A.1446(5) or (6).
(2) "Cabinet" is defined by
			 KRS 218A.010(3).
(3) "Dispenser of
			 a precursor to methamphetamine" means a registered pharmacist, pharmacy intern,
			 or pharmacy technician who lawfully sells a nonprescription compound, mixture,
			 or preparation containing a detectable quantity of ephedrine, pseudoephedrine,
			 phenylpropanolamine, their salts or optical isomers, or salts of optical
			 isomers.
(4) "Kentucky Electronic
			 Methamphetamine Precursor Tracking" or "KEMPT" means the electronic
			 recordkeeping mechanism used by the Office of Drug Control Policy to monitor
			 the sale of a nonprescription compound, mixture, or preparation containing any
			 detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine,
			 their salts or optical isomers, or salts of optical isomers.
(5) "Law enforcement officer" means a:
(a) Drug enforcement agent designated by the
			 Cabinet for Health and Family Services pursuant to KRS 218A.240(2);
(b) Kentucky peace officer certified pursuant
			 to KRS 15.380 as a:
1. Kentucky State Police
			 officer;
2. City, county, or
			 urban-county police officer;
3.
			 Deputy sheriff; or
4. State or
			 public university safety and security officer;
(c) Certified or full-time peace officer of
			 another state; or
(d) Federal peace
			 officer.
(6) "ODCP"
			 means the Office of Drug Control Policy within the Kentucky Justice and Public
			 Safety Cabinet.
(7) "Precursor to
			 methamphetamine" means a nonprescription compound, mixture, or preparation
			 containing any detectable quantity of ephedrine, pseudoephedrine, or
			 phenylpropanolamine, their salts or optical isomers, or salts of optical
			 isomers.
(8) "Purchaser" means an
			 individual age eighteen (18) or older who purchases, or attempts to purchase, a
			 nonprescription compound, mixture, or preparation containing any detectable
			 quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or
			 optical isomers, or salts of optical isomers.