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AN ACT relating to the supervision of pharmacy technicians. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 315.020 is amended to read as follows: 3
(1) An[No] owner of a pharmacy who is not a pharmacist shall [fail to ] place a 4
pharmacist in charge of his or her pharmacy and[or] shall not permit any person to 5
compound or dispense prescript ion drugs, medicines, or pharmaceuticals in his or 6
her place of business except in the presence and under the immediate supervision of 7
a pharmacist. 8
(2) A[No] manufacturer of pharmaceuticals who is not a pharmacist shall [fail to ]place 9
a pharmacist in cha rge of his or her place of business and[or] shall not permit any 10
person to compound prescription drugs, medicines, or pharmaceuticals in his or her 11
place of business, except as provided by the board through the promulgation of 12
administrative regulations pursuant to KRS Chapter 13A. 13
(3) Except as provided in subsection (4) of this section, a[no] person shall not engage 14
in the practice of pharmacy unless licensed to practice under the provisions of KRS 15
Chapter 315. 16
(4) The provisions of subsection (3) of this section shall not apply to: 17
(a) Pharmacist interns performing professional practice activities under the 18
immediate supervision of a licensed pharmacist. The nature and scope of the 19
activities referred to in this paragraph shall be determined by the board 20
through administrative regulation promulgated pursuant to KRS Chapter 13A; 21
(b) Pharmacist interns and pharmacy technicians performing specifically 22
identified pharmacy practice activities while under the supervision of a 23
pharmacist. The nature and scope of the activities referred to in thi s paragraph 24
shall be determined by the board through administrative regulation 25
promulgated pursuant to KRS Chapter 13A; 26
(c) Other licensed health care professionals practicing within the statutory scope 27
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of their professional practices; or 1
(d) Volunteer hea lth practitioners providing services under KRS 39A.350 to 2
39A.366. 3
(5) (a) As used in this subsection: 4
1. "Order entry" means the process by which pharmacy personnel validate 5
prescription data and enter that data into a pharmacy's dispensing or 6
medication management system. Prescription data includes but is not 7
limited to patient demographics, prescriber demographics, drug name, 8
strength, dosage form, quantity, the directions for use, refill 9
authorization, or any clarifications of the same; and 10
2. "Order en try verification" means the process by which a pharmacist 11
verifies prescription data entered in a pharmacy's dispensing or 12
medication management system after order entry has been completed. 13
(b) Nothing in this chapter shall prohibit a pharmacist licensed i n Kentucky, or a 14
pharmacy technician registered in Kentucky or a pharmacy intern certified in 15
Kentucky who is working under the supervision of the pharmacist, from 16
accessing the electronic database of the pharmacy, from inside or outside of 17
the pharmacy, t o perform order entry, order entry verification, or drug 18
regimen review as defined in KRS 315.010, if: 19
1. The pharmacy has established controls to protect the confidentiality and 20
integrity of protected health information; 21
2. No part of the pharmacy's datab ase is duplicated, downloaded, or 22
removed from the electronic database; and 23
3. The pharmacy is located in Kentucky and is permitted by the board. 24
(c) Supervision required by paragraph (b) of this subsection may include 25
electronic supervision. 26
(d) This subsection shall only apply to: 27
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1. Pharmacies that are not open to the public and do not dispense to walk -1
in patients in a retail setting; or 2
2. Hospitals licensed under KRS Chapter 216B. 3
(e) Nothing in this subsection shall be construed to authorize final pro duct 4
verification and dispensing of a prescription from a location outside of or 5
other than a pharmacy. 6
(f) Nothing in this subsection permits pharmacists, pharmacy technicians, or 7
pharmacy interns to receive hard copy prescriptions outside of the premises of 8
a permitted pharmacy. 9
(g) The board shall not require the immediate supervision by a pharmacist of a 10
pharmacist technician engaging in the stocking, retrieving, or returning of 11
product to or from the pharmacy inventory, including the stocking and 12
loading of an automated filling or dispensing system with the use of barcode 13
technology, under this subsection. 14
(6) Effective April 1, 2009, an owner of a pharmacy shall not employ a person to assist 15
in the practice of pharmacy unless the person is registered a s a pharmacy technician 16
by the board or exempt under KRS 315.135. 17