reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 48 - Lead Abatement › Section 902 KAR 48:020 - Training and certification requirements for persons who perform lead-hazard detection or abatement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180, 211.900-211.905,
				211.990,
				211.994,
				217.801
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.9063(3) requires the
				Department for Public Health to promulgate administrative regulations to
				establish the training and testing requirements and procedures for
				certification of persons who perform or offer to perform lead-hazard detection
				or abatement in target housing or child-occupied facilities.
				KRS
				211.9063(4) requires the
				department to promulgate administrative regulations to provide for the
				enforcement of the certification program.
				KRS 211.9067
				requires the department to promulgate administrative regulations to establish a
				schedule of fees for permits and certification and accreditation programs.
				KRS
				211.9069 authorizes the department to
				establish terms and conditions for granting equivalent certificates. This
				administrative regulation establishes requirements, procedures, and fees for
				lead-hazard related permits, certification, and accreditation, establishes
				terms and conditions for equivalent certification, and establishes procedures
				for the enforcement of the certification program.
Section 1. Application Procedures. An
			 applicant for certification shall submit to the department:
(1) An application fee:
(a) In the amount established in Section 8 of
			 this administrative regulation;
(b)
			 By check or money order; and
(c)
			 Made payable to the Kentucky State Treasurer;
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 48 - Lead Abatement › Section 902 KAR 48:030 - Accreditation of training programs and providers of educational programs for individuals who perform lead-hazard detection and abatement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180,
				211.9063,
				211.9069,
				211.9071,
				211.9075,
				211.990,
				217.801
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.9065(3) requires the
				Department for Public Health to promulgate administrative regulations relating
				to the accreditation of training programs and providers of educational programs
				for individuals who perform lead-hazard detection or abatement activities in
				target housing or child-occupied facilities.
				KRS 211.9067
				requires the department to promulgate administrative regulations to establish a
				schedule of fees for certification and accreditation programs.
				KRS
				211.9065(4) requires the
				department to promulgate administrative regulations to provide for enforcement
				of the programs. This administrative regulation establishes requirements for
				accreditation, curriculum content, training experience, competency and
				proficiency qualifications, and establishes fees for functions performed by the
				department.
Section 1. Initial
			 Application Requirements for Training Programs. A training provider shall
			 submit:
(1) An application review fee of $200
			 in the form of a check or money order payable to the Kentucky State Treasurer,
			 unless exempted by federal or state law or regulation;
(2) An "Application for Lead-Hazard Training
			 Accreditation";
(3) The name of
			 training manager;
(4) A list of
			 training courses proposed for accreditation;
(5) Documentation of the training manager
			 qualifications as identified in Section 5 of this administrative
			 regulation;
(6) Documentation of
			 principal instructor's qualifications as identified in Section 5 of this
			 administrative regulation;
(7)
			 Copies of student and instructor manuals for each course;
(8) Course outlines;
(9) Copies of course agendas;
(10) The description of the activities and
			 procedures that will be used for conducting the hands-on skills assessment for
			 each course;
(11) Copies of
			 hands-on skills assessment forms;
(12) Copies of course test
			 blueprints;
(13) Copies of course
			 tests;
(14) A copy of the quality
			 control plan; and
(15) The location
			 and description of the facilities and equipment used for providing lecture and
			 hands-on training.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 48 - Lead Abatement › Section 902 KAR 48:040 - Lead-hazard abatement permit fees, permit requirements and procedures, and standards for performing lead-hazard detection and abatement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180,
				211.9063,
				211.9071,
				217.801,
				40
				C.F.R. 745.227
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.9075 requires the Department for Public
				Health to promulgate administrative regulations relating to lead-hazard
				detection and abatement. This administrative regulation establishes the
				lead-hazard abatement permit application process, including application and
				permit fees, permit requirements and procedures, and the standards for
				performing lead-hazard detection and abatement activities in target housing or
				child-occupied facilities.
Section 1.
			 Work Practice Requirements and Methodologies. Lead-hazard detection and
			 abatement activities shall comply with:
(1)
			 The work practice standards and procedures established by this administrative
			 regulation;
(2) Documented
			 methodologies recognized in federal EPA rules identified in
			 40
			 C.F.R. 745.227;
(3) Equivalent methodologies; or
(4) Local ordinances.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:005 - Milk Advisory Committee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217C.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				217C.070 requires the secretary to appoint a
				Milk Advisory Committee and requires the procedures for selection of advisory
				nominees to be in accordance with the administrative regulations of the
				secretary. This administrative regulation establishes procedures for the
				selection of nominees for appointment to the Milk Advisory Committee.
Section 1. Procedure for the Selection of
			 Nominees. The secretary shall appoint:
(1)
			 Three (3) processors or representatives thereof, from nominations received
			 from:
(a) An organization representing
			 processors in Kentucky, which may nominate two (2) candidates for each of the
			 three (3) positions; or
(b) An
			 individual processor, who may submit his or her own name for consideration for
			 appointment;
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:031 - Standards for producer eligibility for manufacturing grade milk

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.015,
				217C.010,
				217C.020,
				217C.030,
				217C.060,
				217C.100,
				217C.990, 7 C.F.R. Part
				58 Subpart B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 authorizes the cabinet to promulgate
				administrative regulations for the issuance and revocation of permits for milk
				producers, haulers, transfer stations, processing plants, pasteurization
				plants, and distributors. This administrative regulation sets uniform standards
				for the production, handling, examination, grading, and sale of manufactured
				milk and milk products.
Section 1.
			 Manufactured Milk Producer Permits and Inspections.
(1) Any person seeking to offer raw milk for
			 manufacturing shall submit an Application for Permit to Sell Raw Milk for
			 Pasteurization to the department.
(2) Prior to the issuance of a permit to a
			 manufacturing milk producer, the cabinet shall conduct an inspection of the
			 producer's facilities.
(3) If the
			 producer is not in compliance with
			 902
			 KAR 50:032:
(a) A
			 permit shall not be issued;
(b) The
			 violation shall be given in writing; and
(c) The violation shall be posted in a
			 visible place at the dairy farm.
(4) A permit shall be issued if the
			 inspection reveals compliance with
			 902
			 KAR 50:032.
(5) All producers shall possess a valid
			 permit prior to beginning shipment of milk.
(6) Permits shall:
(a) Be non-transferable with respect to
			 persons or locations; and
(b)
			 Remain valid unless suspended or revoked by the cabinet.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:032 - Standards for farm requirements for manufactured grade milk

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.215, 217C.010-217C.990,
				7 C.F.R.
				58.131(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate programs and fulfill the responsibilities vested in the
				cabinet.
				KRS
				217C.040 authorizes the secretary to adopt
				rules and regulations for the inspection of dairy herds, dairy farms, and such
				other matters relating to milk and milk products as may be necessary to protect
				the public health. This administrative regulation sets uniform standards for
				dairy herd health, milking procedures, safe handling of milk, sanitization of
				all milking equipment and utensils, farm construction, and inspection of dairy
				farms.
Section 1. Farm Requirements for
			 Milk for Manufacturing.
(1) Health of herd.
(a) General health. All animals in the herd
			 shall be maintained in a healthy condition.
(b) Tuberculin test. The herd shall be
			 located in an area within the state that meets the requirements of a modified
			 accredited area in which not more than one-half (1/2) of one (1) percent of the
			 cattle have been found to be infected with tuberculosis in accordance with the
			 provisions of the Bovine Tuberculosis Eradication, Uniform Methods and Rules,
			 2005.
1.If the herd is not located in a
			 modified accredited area, it shall be tested annually under the jurisdiction of
			 the program.
2. Additions to the
			 herd shall be from a modified accredited area or from herds meeting the
			 requirements of this administrative regulation.
(c) Brucellosis test. The herd shall be
			 located in an area within the state in which the percentage of cattle affected
			 with brucellosis does not exceed one (1) percent, and the percentage of herds
			 in which brucellosis is present does not exceed five (5) percent, in accordance
			 with provisions of the Brucellosis Eradication, Uniform Methods and Rules,
			 2003, for establishing and maintaining certified brucellosis-free areas.
1. If the herd is located in an area that
			 does not meet these requirements, the herd shall be blood-tested annually or
			 milk-ring-tested semiannually.
2.
			 Additions to the herd shall be from herds meeting the requirements of this
			 administrative regulation.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:033 - Standards for enforcement procedures for manufactured grade milk

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 217.025, 217.045,
				217C.010-217C.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Service to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 authorizes the cabinet to promulgate
				administrative regulations for the issuing and revocation of permits to milk
				producers, haulers, transfer stations, processing plants, pasteurization
				plants, and distributors, and to adopt separate regulations regulating Grade A
				milk products and milk for manufacturing purposes. This administrative
				regulation sets uniform standards for the enforcement of
				902
				KAR 50:031 and
				902
				KAR 50:032 pertaining to the production,
				transportation, handling, sampling, examination, grading, and sale of
				manufactured milk and milk products; inspection of dairy farms; and the
				revocation and reinstatement of producer permits.
Section 1. Enforcement Procedures for Raw
			 Milk.
(1) Sight and odor.
(a) Bulk tank loads or individual producer
			 milk received at a processing facility shall be examined on an organoleptic
			 basis by the hauler or by the milk grader.
(b) Milk shall not be received if any off
			 odors or abnormal conditions are found which will adversely affect the finished
			 product.
(c) Producer milk rejected
			 for sight and odor by a hauler or milk grader shall be tagged with a reject
			 tag.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:040 - Hauler requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, Chapter 217,
				217C.010-217C.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to protect, develop, and maintain the health of citizens of the
				Commonwealth, and necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				217C.040 authorizes the cabinet to promulgate
				administrative regulations for the production, transportation, processing,
				handling, sampling, examination, grading, and sale of milk and milk products;
				and the issuing and revocation of permits to milk producers, haulers, transfer
				stations, and processing plants. This administrative regulation provides
				uniform standards for the transportation, handling, sampling, examination, and
				grading of raw milk and the issuance and revocation of milk hauler
				permits.
Section 1. Milk Hauler Permit
			 Requirements.
(1) A person shall not haul raw
			 milk in this state without a permit from the cabinet.
(2) Individual producer delivery or transport
			 delivery between plants or receiving and transfer stations shall not be
			 required to have a permit.
(3) An
			 owner of a bulk tank route truck shall immediately notify the cabinet of each
			 new hauler.
(a) Each new hauler shall submit
			 an Application for Permit to Haul Milk and Collect Samples of Raw Milk to the
			 department to obtain a permit before hauling milk.
(b) A new hauler that has been inspected and
			 certified by the cabinet shall be issued a temporary permit that is valid until
			 the next hauler training session.
(c) Upon successful completion of the
			 training course, the hauler shall be issued a permit.
(4) A permit shall not be transferable with
			 respect to the person or location.
(5) A permit shall continue in force unless
			 suspended or revoked for cause.
(6)
			 Each hauler collecting raw milk samples for regulatory purposes shall be
			 permitted by the cabinet as an "Official Sample Collector," according to this
			 administrative regulation.
(7) Each
			 hauler shall be inspected and recertified each twelve (12) months.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:050 - Manufacturing plant requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.090,
				217C.010,
				217C.070,
				217C.990,
				260.813,
				7 C.F.R. 58 Sub-part B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 requires the secretary to regulate,
				in the interest of the public health, all aspects relating to the production
				and sale of milk.
				KRS
				217C.060 authorizes the cabinet to enter into
				reciprocal agreements with milk control officials of federal and state agencies
				having standards substantially equivalent to the regulations of the secretary.
				This administrative regulation establishes uniform sanitary and operational
				standards for manufactured milk plants, receiving stations, transfer stations,
				and handlers, and the process for issuance and revocation of permits.
Section 1. Permits and Inspections.
(1) All persons desiring to operate a
			 manufactured milk plant, receiving station, transfer station, or be a handler
			 of manufactured milk, shall submit to the cabinet a "Plant Application for
			 Permit".
(2) A qualified
			 representative of the cabinet shall inspect each plant, receiving station, and
			 transfer station:
(a) Prior to issuance of a
			 permit; and
(b) At least annually
			 thereafter.
(3) Only a
			 person in compliance with the requirements of this administrative regulation
			 shall be entitled to a permit.
(4)
			 A permit shall not be transferable with respect to persons or
			 locations.
(5) Manufactured milk
			 and milk products from points beyond the limits of routine inspection of the
			 Commonwealth of Kentucky, or its police jurisdiction, may be sold in the
			 Commonwealth of Kentucky, or its police jurisdiction, if the milk or milk
			 products are:
(a) Produced and processed under
			 administrative regulations substantially equivalent to this administrative
			 regulation; and
(b) The
			 out-of-jurisdiction governmental unit concerned accepts Kentucky's manufactured
			 milk and milk products on a reciprocal basis.
(6) Properly prepared plans for transfer
			 stations, receiving stations, and milk plants regulated under this
			 administrative regulation that are constructed, reconstructed or extensively
			 altered, shall be submitted to the cabinet for approval before work is
			 begun.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:080 - Standards of identity and labeling requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.035,
				217.037,
				217C.030,
				217C.060,
				217C.990, 21 C.F.R.
				Parts 101, 131, 133, 135, 166
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 requires the cabinet adopt rules and
				regulations regulating the labeling, standards of identity, sale and other
				matters relating to milk and milk products as may be necessary to protect the
				public health. This administrative regulation establishes uniform standards for
				identifying and labeling Grade A pasteurized milk and milk products sold in
				Kentucky.
Section 1. Labeling and
			 Identification Requirements.
(1) All Grade A
			 pasteurized milk and milk products offered for sale or sold in this state shall
			 be labeled in accordance with 21 C.F.R Part 101 .
(2) Milk, cream, and yogurt shall be
			 identified in accordance with 21 C.F.R. Part 131 .
(3) Cheese and related cheese products shall
			 be identified in accordance with 21 C.F.R. Part 133 .
(4) Frozen desserts shall be identified in
			 accordance with 21 C.F.R. Part 135 .
(5) Margarine shall be identified in
			 accordance with 21 C.F.R. Part 166 .
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:090 - Milk adulteration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 211.090, 217.025, 217C.060,
				217C.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Service to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 authorizes the cabinet to promulgate
				regulations for the the production, transportation, processing, handling,
				sampling, examination, grading, sale, and other matters relating to Grade A and
				manufactured milk and milk products as may be necessary to protect the public
				health. This administrative regulation establishes enforcement procedures to
				prevent the sale of Grade A and manufactured milk and milk products adulterated
				with antibiotics and other inhibitory substances, chemicals, and excessive
				water.
Section 1. Antibiotics and other
			 Inhibitory Substances Enforcement Procedure.
(1) Sampling procedure.
(a) Antibiotic tests shall be performed a
			 minimum of four (4) times during any consecutive six (6) months on each
			 producer's milk or on raw commingled loads and all Grade A processed milk
			 (except cultured products). When commingled milk is tested, milk from each
			 individual producer shall be represented in the sample.
(b) Commingled loads that show any level of
			 antibiotics shall require each individual producer's milk on the load to be
			 tested.
(c)
1. An individual producer's milk sample found
			 to be positive shall be reported to the Milk Safety Branch and confirmed by
			 laboratory report; and
2. No
			 additional milk shall be collected from the individual producer until the
			 producer is compliant with enforcement procedures listed in subsection (4) of
			 this section.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:110 - Grade A milk and milk products standards and Grade A milk sanitation requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050, 217C.010-217C.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				217C.040 authorizes the secretary to adopt
				rules and regulations regulating the production, transportation, processing,
				handling, sampling, examination, grading, standards of identity, and sale of
				milk and milk products, and such other matters relating to Grade A milk and
				milk products as may be necessary to protect the public health. This
				administrative regulation incorporates materials related to permit requirements
				and sanitary standards for Grade A milk producers, processors, handlers and
				distributors, Grade A dry and condensed milk, Grade A dry and condensed whey,
				and the fabrication of single-service containers and closures for milk and milk
				products.
Section 1. Grade A Milk and
			 Milk Products. The permit, sanitary, and quality requirements for the
			 production, processing, handling, and distribution of Grade A milk and milk
			 products shall be in accordance with the:
(1)
			 Evaluation of Milk Laboratories, 2017 edition;
(2) Grade "A" Pasteurized Milk Ordinance,
			 2017 edition; and
(3) Procedures
			 Governing the Cooperative State-Public Health Service/Food and Drug
			 Administration Program of the National Conference on Interstate Milk Shipments,
			 2017 edition.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:120 - Unpasteurized goat milk

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217C
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217C.090 authorizes the secretary of the
				Cabinet for Health and Family Services to issue administrative regulations
				allowing, upon written recommendation of a physician, the sale of goat milk
				which has not been pasteurized. This administrative regulation establishes
				uniform standards for the production, handling, sampling, examination, and
				sale, at the farm, of goat's milk which has not been pasteurized; the
				inspection of the goat farm facilities; and the issuance, revocation, and
				reinstatement of farm permits.
Section
			 1. Applicability.
(1) This
			 administrative regulation is applicable only to dairy goat farms offering
			 unpasteurized goat milk direct to the consumer.
(2) All other dairy goat farms shall follow
			 the applicable administrative regulation under 902 KAR Chapter 50.
(3) Milk produced in compliance with the
			 requirements of this administrative regulation shall not guarantee the absence
			 of pathogenic organisms.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:040 - Excluded nonnarcotic substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.020-218A.120,
				21 C.F.R.
				1308.22,
				21
				U.S.C. 301-399f,
				801-971
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.020(4) requires the
				Cabinet for Health and Family Services to exclude any nonnarcotic substance
				from a schedule if the substance may be lawfully sold over the counter without
				prescription under the provisions of the Federal Food, Drug and Cosmetic Act
				(21
				U.S.C. 301-399f)
				, the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970
				(21
				U.S.C. 801-971)
				, or KRS Chapter 218A.
				KRS
				218A.250 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations to carry out the
				provisions of KRS Chapter 218A. This administrative regulation excludes certain
				nonnarcotic substances from scheduling pursuant to
				KRS
				218A.020(4).
Section 1. Excluded Substances. The Cabinet
			 for Health and Family Services shall exclude from all state schedules
			 established in accordance with
			 KRS
			 218A.020(1), (3) and
			 902 KAR
			 55:015 any nonnarcotic substance that may be lawfully
			 sold over-the-counter without a prescription if the substance has been excluded
			 from all federal schedules pursuant to
			 21 U.S.C.
			 811(g)(1) and as listed in
			 21 C.F.R.
			 1308.22.
STATUTORY AUTHORITY:
				  KRS
				  218A.020(4),
				  218A.250
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:045 - Exempt prescription products

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.020-218A.250,
				21
				C.F.R. 1308.31-1308.32
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.020(3) provides that if
				a controlled substance is designated, rescheduled, or deleted as a controlled
				substance under federal law and notice is given to the Cabinet for Health and
				Family Services, the Cabinet for Health and Family Services may similarly
				control the substance under KRS Chapter 218A by administrative regulation. This
				administrative regulation exempts prescription products from the licensing,
				distribution, recordkeeping, and reporting provisions of KRS Chapter 218A if
				the products have received approval as an exempt prescription product pursuant
				to
				21 C.F.R.
				1308.32.
Section
			 1. Exempt Prescription Products.
(1) Except as provided by subsection (2) of
			 this section, the Cabinet for Health and Family Services exempts prescription
			 products from the licensing, distribution, recordkeeping, and reporting
			 provisions of
			 KRS 218A.150 - 218A.172,
			 218A.180, 218A.200, and 218A.202 if the products have received approval as
			 exempt prescription products pursuant to
			 21 C.F.R.
			 1308.32.
(2) All products containing butalbital shall:
(a) Be reported to the Kentucky All-Schedule
			 Prescription Electronic Reporting System in accordance with the requirements
			 established in
			 902
			 KAR 55:110; and
(b) Not be exempt from the licensing,
			 distribution, and recordkeeping provisions of
			 KRS 218A.150 - 218A.172,
			 218A.180, and 218A.200.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:060 - Requirements for distribution of small amounts of controlled substances without manufacturer's or wholesaler's licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.010-218A.020, 218A.150-218A.200,
				21 C.F.R.
				1304.03,
				1305.03,
				1307.11
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.250 directs the Cabinet for Human
				Resources to adopt rules and administrative regulations for carrying out the
				provisions of KRS Chapter 218A relating to controlled substances.
				KRS
				218A.170(2) provides that
				all sales and distributions of controlled substances shall be in accordance
				with the federal controlled substances laws, including the requirements
				governing the use of order forms. The purpose of this administrative regulation
				is to provide for the distribution of small amounts of controlled substances by
				pharmacies to practitioners or other pharmacies, without the necessity of
				obtaining a state license as a manufacturer or a wholesaler, in accordance with
				applicable federal laws and regulations.
Section
			 1. Distribution of Controlled Substances by Pharmacy to
			 Practitioner or other Pharmacy.
(1) A
			 pharmacy may distribute a quantity of a controlled substance to a practitioner
			 or another pharmacy, without being licensed as a manufacturer or wholesaler in
			 Kentucky if it:
(a) Is licensed in
			 Kentucky;
(b) Is registered with
			 the U.S. Drug Enforcement Administration; and
(c) Makes the distribution to a practitioner
			 or pharmacy that is registered with the U.S. Drug Enforcement
			 Administration.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:065 - Return of prescription drugs prohibited, exceptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.215,
				217.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125 authorizes the Cabinet for Human
				Resources to administer the provisions of
				KRS
				217.005 to
				217.215
				and
				217.992.
				The purpose of this administrative regulation is to prevent the dispensing of
				prescription drugs that may be adulterated or misbranded.
Section 1. Return of Prescription Drugs
			 Prohibited; Exceptions.
(1) No pharmacist,
			 practitioner, or agent thereof shall accept the return of a prescription drug
			 for reuse or resale unless:
(a) The drug is
			 in a sealed container by which it can be readily determined by a pharmacist
			 employed by the dispensing pharmacy or by the dispensing practitioner that
			 entry or attempted entry by any means has not been made;
(b) The drug container meets the standards of
			 the United States Pharmacopoeia for storage conditions including temperature,
			 light sensitivity, moisture, chemical, and physical stability;
(c) The drug labeling and packaging has not
			 been altered or defaced and the identity of the drug, its potency, lot number,
			 and expiration date are legible;
(d) The drug does not require refrigeration;
			 and
(e) The drug is returned to a
			 pharmacist employed by the dispensing pharmacy or to the dispensing
			 practitioner within fourteen (14) days.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:070 - Emergency medication kits in long-term care facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.050,
				13B.080,
				13B.090,
				13B.110,
				13B.120,
				218A.010(39),
				218A.200(6),
				315.335
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Service to promulgate
				administrative regulations necessary to implement programs mandated by federal
				law, or to qualify for the receipt of federal funds and cooperate with other
				state and federal agencies for the proper administration of the cabinet and its
				programs.
				KRS
				218A.250 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations for carrying out the
				provisions of KRS Chapter 218A. This administrative regulation establishes
				requirements related to the placement of emergency medication kits with
				controlled substances in long-term care facilities.
Section 1. Definitions.
(1) "Emergency medication kit" or "EMK" is
			 defined by
			 201
			 KAR 2:370, Section 1(3).
(2) "Practitioner" is defined by
			 KRS
			 218A.010(39).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:080 - Written prescriptions to be signed by practitioner

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 218A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.250 directs the Cabinet for Human
				Resources to adopt rules and administrative regulations for carrying out the
				provisions of KRS Chapter 218A relating to controlled substances. The purpose
				of this administrative regulation is to clarify who is authorized to sign a
				prescription for controlled substances and the form of the signature, which
				must be in accordance with federal regulation.
Section 1. A written prescription for a
			 controlled substance shall be signed only by a practitioner who is authorized
			 to prescribe controlled substances under the laws of the jurisdiction in which
			 he is licensed to practice his profession.
Section 2. A written prescription for a
			 controlled substance shall be written with ink, indelible pencil or typewriter
			 and may be prepared by an agent for the practitioner's signature. The
			 prescription shall be manually signed by the practitioner which may be in the
			 same manner as he would sign a check or legal document.
STATUTORY AUTHORITY:
				  KRS 194.050,
				  218A.250
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:090 - Exempt anabolic steroid products

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.010-218A.250,
				21
				C.F.R. 1308.13, 1308.33-1308.34,
				21
				U.S.C. 801,
				812
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.020 authorizes the Cabinet for Health
				and Family Services to add, delete, or reschedule substances enumerated in KRS
				Chapter 218A. This administrative regulation exempts certain anabolic steroid
				products from the licensing, distribution, recordkeeping, and reporting
				provisions of KRS Chapter 218A if the products have received approval as an
				exempt anabolic steroid product pursuant to
				21 C.F.R.
				1308.34.
Section
			 1. Exempt Anabolic Steroid Products. The Cabinet for Health and
			 Family Services exempts anabolic steroid products from the licensing,
			 distribution, recordkeeping, and reporting provisions of
			 KRS 218A.150 - 218A.172,
			 218A.180, 218A.200, and 218A.202 if the products have received approval as
			 exempt anabolic steroid products pursuant to
			 21 C.F.R.
			 1308.34.
STATUTORY AUTHORITY:
				  KRS
				  218A.020
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:095 - Prescription for Schedule II controlled substance - authorization of oral prescriptions for immediate administration, facsimile transmission, or partial filling

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216.510(1),
				216B.042,
				218A.060,
				218A.180,
				218A.200,
				21 C.F.R.
				290.10,
				1306.05,
				1306.11-1306.14
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.250 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations for carrying out the
				provisions of KRS Chapter 218A relating to controlled substances. This
				administrative regulation permits the transmission of prescriptions for
				Schedule II controlled substances between the prescriber and dispenser via oral
				authorization for immediate administration or by facsimile to facilitate the
				delivery of medications to certain patients whose need for medication shall be
				initiated or changed quickly. This administrative regulation also permits the
				partial filling of prescriptions for Schedule II controlled substances if
				requested by the patient or prescribing practitioner to patients whose
				medication needs may be long term but who wish to store limited quantities or
				in situations where the pharmacy is unable to supply the full quantity
				prescribed.
Section 1. Definitions.
(1) "Hospice" means a hospice program
			 licensed pursuant to
			 KRS
			 216B.042.
(2) "Immediate administration" means an
			 emergency situation in which the prescribing practitioner determines the
			 following criteria exists for the purposes of authorizing an oral prescription
			 for a Schedule II controlled substance:
(a)
			 Immediate administration of the controlled substance is necessary for proper
			 treatment of the intended ultimate user;
(b) No appropriate alternative treatment is
			 available, including administration of a drug that is not a Schedule II
			 controlled substance; and
(c) It is
			 not reasonably possible for the prescribing practitioner to provide a written
			 prescription to be presented to the person dispensing the substance prior to
			 the dispensing.
(3)
			 "Long-term care facility" or "LTCF" is defined by
			 KRS
			 216.535(1)(a) and, pursuant
			 to
			 KRS
			 218A.180(1), shall not
			 include a family care home or personal care home.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:105 - Controlled substance prescription blanks

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.030-218A.140,
				218A.204,
				218A.170-218A.240,
				218A.281,
				218A.282,
				218A.284,
				218A.286,
				218A.288
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.204 requires the cabinet to promulgate
				administrative regulations that establish security requirements for a
				prescription blank used by a practitioner to write a prescription for a
				controlled substance. The purpose of this administrative regulation is to
				establish minimum requirements that will decrease the potential for forgery or
				alteration of a prescription or a prescription blank for a controlled
				substance.
Section 1. Definitions.
(1) "Logo" means a symbol utilized by an
			 individual, a pharmacy, professional practice, professional association, or
			 hospital.
(2) "Security
			 prescription blank" means a prescription blank that complies with the
			 requirements of Section 3 of this administrative regulation.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:115 - Drug possession by hospice or home health agency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.215,
				217.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				315.300 authorizes the Cabinet for Health
				Services to promulgate administrative regulations that implement the possession
				of certain drugs by a hospice or home health agency. The purpose of this
				administrative regulation is to establish criteria that a pharmacy, hospice or
				home health agency must meet in order to insure that drugs belonging to a
				pharmacy, that are stored in a hospice or home health agency, are safe and
				effective for administration to patients.
Section
			 1. Authorized Employees. A pharmacy may place a legend drug listed
			 in
			 KRS
			 315.300 with an authorized employee of a
			 hospice or a home health agency if the pharmacy maintains a record of the
			 license that authorizes the employee to administer legend drugs.
Section 2. Written Agreement. Each party to a
			 written agreement between a pharmacy and a home health agency or a pharmacy and
			 a hospice shall maintain a copy of the written agreement.
Section 3. Protocol.
(1) A protocol required by
			 KRS
			 315.300 may be included in the written
			 agreement or may be a separate document.
(2) If the protocol is a separate document, a
			 copy shall be maintained by the pharmacy and by the hospice or home health
			 agency.
(3) The protocol shall be
			 reviewed not less than annually and modified if necessary.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:120 - Disposal of prescription controlled substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 21 C.F.R. Part 1317
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.250 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations for carrying out the
				provisions of KRS Chapter 218A. This administrative regulation establishes
				safe, secure, and responsible methods for the disposal of unused or unwanted
				prescription controlled substances by long-term care facilities and other
				cabinet-licensed facilities with custodial control of patient-owned controlled
				substance medications.
Section 1.
			 Methods of Disposal. A long-term care facility or other cabinet-licensed
			 facility with custodial control of patient-owned controlled substance
			 medications shall:
(1) Dispose of all
			 expired, abandoned, or otherwise unwanted controlled substances in accordance
			 with 21 C.F.R. Part 1317; and
(2)
			 Develop and implement written policies and procedures for the disposal of
			 controlled substances. Disposal methods shall include:
(a) On-site destruction that renders the
			 controlled substance unrecoverable and beyond reclamation so that the
			 medication cannot be diverted; or
(b) Transfer of the controlled substance to
			 an authorized collection receptacle maintained by a:
1. Law enforcement agency; or
2. Pharmacy.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 55 - Controlled Substances › Section 902 KAR 55:130 - Electronic prescribing of controlled substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.050,
				13B.080,
				13B.090,
				13B.110,
				13B.120,
				218A.182
NECESSITY, FUNCTION, AND CONFORMITY: In accordance with
				KRS
				218A.182, which takes effect on January 1,
				2021, electronic prescribing for all schedule II-V controlled substances is
				required by each practitioner who issues the prescription to a pharmacy.
				KRS
				218A.182(1) identifies
				certain prescriptions that are exempt from the electronic prescribing mandate,
				including a temporary waiver for entities that demonstrate economic hardship,
				technological limitations, or other exceptional circumstances.
				KRS
				218A.182(3) requires the
				cabinet to promulgate administrative regulations to implement the electronic
				prescribing mandate, including enforcement mechanisms, waivers of requirements,
				and the appropriate penalties for violations. This administrative regulation
				establishes requirements related to the electronic prescribing of controlled
				substances (EPCS).
Section 1.
			 Prescription Requirements.
(1) Beginning
			 January 1, 2021, a prescription for a controlled substance shall:
(a) Be transmitted electronically to a
			 pharmacy, except as provided by
			 KRS
			 218A.182(1)(a)-(l);
			 and
(b) Contain the:
1. Full legal name, gender, address, and date
			 of birth of the person for whom the controlled substance is intended;
2. Name, address, Drug Enforcement
			 Administration (DEA) registration number, telephone number, and electronic
			 signature of the prescribing practitioner;
3. Drug name, strength, dosage form, quantity
			 prescribed, specific directions for use, and number of refills (if authorized);
			 and
4. Date upon which the
			 prescription was issued and signed electronically by the prescribing
			 practitioner.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 95 - Radon › Section 902 KAR 95:040 - Radon Contractor Registration Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 211.180(1)(a), 211.9101, 211.9107,
				211.3113, 211.9119
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.9135(3) requires the
				cabinet to promulgate administrative regulations to administer, coordinate, and
				enforce
				KRS
				211.9101 to
				211.9135.
				This administrative regulation establishes requirements for the registration of
				an individual or laboratory to perform radon measurement, radon mitigation, or
				laboratory analysis.
Section 1.
			 Registration Requirements.
(1) A person
			 seeking registration as a radon measurement contractor or a radon mitigation
			 contractor shall submit to the cabinet:
(a) A
			 completed DFS-375, Application for Registration for Radon Contractors and
			 Laboratories;
(b) The fee
			 established in Section 2(2) of this administrative regulation; and
(c) Evidence of financial responsibility in
			 accordance with
			 KRS
			 211.9109(1)(b) or
			 211.9111(1)(b).