CHAPTER 136
Legislative Research Commission PDF Version
1
CHAPTER 136
( SB 37 )
AN ACT relating to pharmacists.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
ď˘Section 1. KRS 315.191 is amended to read as follows:
(1) The board is authorized to:
(a) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary to regulate and control
all matters set forth in this chapter relating to pharmacists, pharmacist interns, pharmacy technicians,
pharmacies, wholesale distributors, and manufacturers, to the extent that regulation and control of same
have not been delegated to some other agency of the Commonwealth, but administrative regulations
relating to drugs shall be limited to the regulation and control of drugs sold pursuant to a prescription
drug order. However, nothing contained in this chapter shall be construed as authorizing the board to
promulgate any administrative regulations relating to prices or fees or to advertising or the promotion of
the sales or use of commodities or services;
(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to schedule and conduct
hearings on behalf of the board on any matter under the jurisdiction of the board;
(c) Prescribe the time, place, method, manner, scope, and subjects of examinations, with at least two (2)
examinations to be held annually;
(d) Issue and renew all licenses, certificates, and permits for all pharmacists, pharmacist interns,
pharmacies, pharmacy technicians, wholesale distributors, and manufacturers engaged in the
manufacture, distribution, or dispensation of drugs;
(e) Investigate all complaints or violations of the state pharmacy laws and the administrative regulations
promulgated by the board, and bring all these cases to the notice of the proper law enforcement
authorities;
(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are necessary and to control
the storage, retrieval, dispensing, refilling, and transfer of prescription drug orders within and between
pharmacists and pharmacies licensed or issued a permit by it;
(g) Perform all other functions necessary to carry out the provisions of law and the administrative
regulations promulgated by the board relating to pharmacists, pharmacist interns, pharmacy technicians,
pharmacies, wholesale distributors, and manufacturers;
(h) Establish or approve programs for training, qualifications, and registration of pharmacist interns;
(i) Assess reasonable fees, in addition to the fees specifically provided for in this chapter and consistent
with KRS 61.870 to 61.884, for services rendered to perform its duties and responsibilities, including,
but not limited to, the following:
1. Issuance of duplicate certificates;
2. Mailing lists or reports of data maintained by the board;
3. Copies of documents; or
4. Notices of meetings;
(j) Seize any drug or device found by the board to constitute an imminent danger to public health and
welfare;
(k) 1. Establish an advisory council to advise the board on statutes, administrative regulations, and
other matters, within the discretion of the board, pertinent to the practice of pharmacy and
regulation of pharmacists, pharmacist interns, pharmacy technicians, pharmacies, drug
distribution, and drug manufacturing. The council shall provide recommendations for updating
policies and procedures, including administrative regulations relating to the practice of
pharmacy. ACTS OF THE GENERAL ASSEMBLY 2
2. The council shall consist of nine (9) pharmacists broadly representative of the profession of
pharmacy. For purposes of this subparagraph, "broadly representative" means the following:
a. Two (2) pharmacists appointed by the Kentucky Pharmacists Association;
b. Two (2) pharmacists appointed by the Kentucky Independent Pharmacy Alliance;
c. One (1) pharmacist who practices or specializes primarily in a mail order pharmacy
appointed by the Kentucky Pharmacists Association;
d. One (1) pharmacist who practices or specializes primarily in a long-term care pharmacy
appointed by Kentucky Association of Health Care Facilities;
e. One (1) pharmacist who practices or specializes primarily in a veterinary pharmacy
appointed by the Kentucky Pharmacists Association;
f. One (1) pharmacist who practices or specializes primarily in a hospital pharmacy
appointed by the Kentucky Society of Health-System Pharmacists; and
g. One (1) pharmacist who practices in a specialized pharmacy that solely or mostly
provides medication to persons living with serious health conditions requiring complex
therapies, appointed by the Kentucky Pharmacists Association.
3. Each pharmacist member shall be licensed by the board, a resident of Kentucky, and employed
for at least two (2) consecutive years in the practice area he or she represents.
4. Members shall serve terms of up to four (4) years and may serve two (2) consecutive terms, but
shall not serve on the council for more than two (2) consecutive terms. Members may continue
to serve until their successors are appointed.
5. Members shall be confirmed by roll call vote of the board at a meeting conducted in
accordance with the Open Meetings Act, KRS 61.805 to 61.850[nine (9) members selected by
the board for terms of up to four (4) years. No member shall serve on the council for more than
eight (8) years. Membership of the council shall include nine (9) individuals broadly
representative of the profession of pharmacy and the general public. Members shall be selected
by the board from a list of qualified candidates submitted by the association, society, or other
interested parties]; and
(l) Promulgate administrative regulations establishing the qualifications that pharmacy technicians are
required to attain prior to engaging in pharmacy practice activities outside the immediate supervision of
a pharmacist.
(2) The board shall have other authority as may be necessary to enforce pharmacy laws and administrative
regulations of the board including, but not limited to:
(a) Joining or participating in professional organizations and associations organized exclusively to promote
improvement of the standards of practice of pharmacy for the protection of public health and welfare or
facilitate the activities of the board; and
(b) Receiving and expending funds, in addition to its biennial appropriation, received from parties other
than the state, if:
1. The funds are awarded for the pursuit of a specific objective which the board is authorized to
enforce through this chapter, or which the board is qualified to pursue by reason of its
jurisdiction or professional expertise;
2. The funds are expended for the objective for which they were awarded;
3. The activities connected with or occasioned by the expenditure of the funds do not interfere with
the performance of the board's responsibilities and do not conflict with the exercise of its
statutory powers;
4. The funds are kept in a separate account and not commingled with funds received from the state;
and
5. Periodic accountings of the funds are maintained at the board office for inspection or review.
(3) In addition to the sanctions provided in KRS 315.121, the board or its hearing officer may direct any licensee,
permit holder, or certificate holder found guilty of a charge involving pharmacy or drug laws, rules, or CHAPTER 136
Legislative Research Commission PDF Version
3
administrative regulations of the state, any other state, or federal government, to pay to the board a sum not to
exceed the reasonable costs of investigation and prosecution of the case, not to exceed twenty-five thousand
dollars ($25,000).
(4) In an action for recovery of costs, proof of the board's order shall be conclusive proof of the validity of the
order of payment and any terms for payment.
Veto Overridden March 29, 2023.