CHAPTER 117
Legislative Research Commission PDF Version
1
CHAPTER 117
( HB 386 )
AN ACT relating to purchase limits for pseudoephedrine.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
ď˘Section 1. KRS 218A.1446 is amended to read as follows:
(1) Any compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts or optical isomers, or salts of optical isomers shall be dispensed, sold, or
distributed only by a registered pharmacist, a pharmacy intern, or a pharmacy technician.
(2) Any person purchasing, receiving, or otherwise acquiring 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 shall:
(a) Produce a government-issued photo identification showing the date of birth of the person; and
(b) Sign a log or record showing the:
1. Date of the transaction;
2. Name, date of birth, and address of the person making the purchase; and
3. The amount and name of the compound, mixture, or preparation.
Only an electronic logging or recordkeeping mechanism approved by the Office of Drug Control Policy may
be utilized to meet the requirements of this subsection. No pharmacy may dispense or sell any compound,
mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts or optical isomers, or salts of optical isomers unless the electronic logging or
recordkeeping mechanism required by this section is provided at no cost to the pharmacy.
(3) An electronic log or record, as described in subsection (2) of this section, shall be kept of each day's
transactions. The registered pharmacist, a pharmacy intern, or a pharmacy technician shall initial the entry of
each sale in the log, evidencing completion of each transaction. The log shall be:
(a) Kept for a period of two (2) years; and
(b) Subject to random and warrantless inspection by city, county, or state law enforcement officers.
(4) (a) Intentional failure of a registered pharmacist, a pharmacy intern, or a pharmacy technician to make an
accurate entry of a sale of a product or failure to maintain the log records as required by this section
may subject him or her to a fine of not more than one thousand dollars ($1,000) for each violation and
may be evidence of a violation of KRS 218A.1438.
(b) If evidence exists that the pharmacist's, the pharmacy intern's, or the pharmacist technician's employer
fails, neglects, or encourages incorrect entry of information by improper training, lack of supervision or
oversight of the maintenance of logs, or other action or inaction, the employer shall also face liability
under this section and any other applicable section of this chapter.
(c) It shall be a defense to a violation of this section that the person proves that circumstances beyond the
control of the registered pharmacist, pharmacy intern, or pharmacy technician delayed or prevented the
making of the record or retention of the record as required by this section. Examples of circumstances
beyond the control of the registered pharmacist, pharmacy intern, or pharmacy technician include but
are not limited to:
1. Fire, natural or manmade disaster, loss of power, and similar events;
2. Robbery, burglary, shoplifting, or other criminal act by a person on the premises;
3. A medical emergency suffered by the registered pharmacist, pharmacy intern, or pharmacy
technician, another employee of the establishment, a customer, or any other person on the
premises; or
4. Some other circumstance that establishes that an omission was inadvertent. ACTS OF THE GENERAL ASSEMBLY 2
(5) No person shall purchase, receive, or otherwise acquire any product, mixture, or preparation or combinations
of products, mixtures, or preparations containing more than seven and one-fifth (7.2) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers within any
thirty (30) day period[ or twenty-four (24) grams within any one (1) year period], provided that this
limit[either of these limits] shall not apply to any quantity of product, mixture or preparation dispensed
pursuant to a valid prescription.[ In addition to the thirty (30) day and the one (1) year restrictions, no person
shall purchase, receive, or otherwise acquire more than three (3) packages of any product, mixture, or
preparation containing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or
salts of optical isomers during each transaction.]
(6) A person under eighteen (18) years of age shall not purchase or attempt to purchase any quantity of a
nonprescription ephedrine, pseudoephedrine, or phenylpropanolamine product as described in subsection (1)
of this section. No person shall aid or assist a person under eighteen (18) years of age in purchasing any
quantity of a nonprescription ephedrine, pseudoephedrine, or phenylpropanolamine product as described in
subsection (1) of this section.
(7) The requirements of this section shall not apply to any compounds, mixtures, or preparation containing
ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers
which are in liquid, liquid capsule, or gel capsule form or to any compounds, mixtures, or preparations
containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts or optical isomers which are
deemed to be not subject to abuse upon joint review and agreement of the Office of Drug Control Policy, the
Board of Pharmacy, and the Cabinet for Health and Family Services.
(8) The provisions of this section shall not apply to a:
(a) Licensed manufacturer manufacturing and lawfully distributing a product in the channels of commerce;
(b) Wholesaler lawfully distributing a product in the channels of commerce;
(c) Pharmacy with a valid permit from the Kentucky Board of Pharmacy;
(d) Health care facility licensed pursuant to KRS Chapter 216B;
(e) Licensed long-term care facility;
(f) Government-operated health department;
(g) Physician's office;
(h) Publicly operated prison, jail, or juvenile correctional facility, or a private adult or juvenile correctional
facility under contract with the Commonwealth;
(i) Public or private educational institution maintaining a health care program; or
(j) Government-operated or industrial medical facility serving its own employees.
(9) The provisions of this section shall supersede and preempt all local laws, ordinances, and regulations
pertaining to the sale of any compounds, mixtures, or preparation containing ephedrine, pseudoephedrine,
phenylpropanolamine, their salts or optical isomers, or salts of optical isomers.
(10) To be approved for use under this section, a logging or recordkeeping system shall:
(a) Be designed to block the dispensing of any compound, mixture, or preparation containing ephedrine,
pseudoephedrine, phenylpropanolamine, their salts or optical isomers, or salts of optical isomers, where
the dispensing would exceed the quantity limitations established in this section or would be prohibited
under KRS 218A.1440; and
(b) Allow unimpeded access by the Office of Drug Control Policy to any data stored in the system for
statistical analysis purposes.
(11) The Office of Drug Control Policy shall prepare and submit to the Legislative Research Commission an annual
statistical report on the sale of compounds, mixtures, or preparations containing ephedrine, pseudoephedrine,
phenylpropanolamine, their salts or optical isomers, or salts of optical isomers, including state and county sale
amounts and numbers of individual purchasers.
Became law without Governor's signature April 9, 2024.