218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions --

277 words·~1 min read·/ky/218a-1439

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Penalties.

(1)A person is guilty of trafficking in or transferring a dietary supplement when he or

she traffics in or transfers any dietary supplement product containing ephedrine

group alkaloids, except as provided in this section.

(2)The prohibition in subsection

(1)of this section shall not apply to:

(a)A practitioner or pharmacist licensed in this Commonwealth who is practicing

within his or her scope of practice and who prescribes or dispenses, or both,

dietary supplement products containing ephedrine alkaloids in the course of

the treatment of a patient under the direct care of the prescribing practitioner,

except that a licensed practitioner or registered pharmacist shall not prescribe

or dispense dietary supplement products containing ephedrine group alkaloids

for purposes of weight loss, body building, or athletic performance

enhancement;

(b)Dietary supplement products containing ephedrine group alkaloids that are

sold or distributed directly to a licensed practitioner or registered pharmacist,

when the dietary supplement products containing ephedrine group alkaloids

are used solely for the purpose of the treatment of patients under the direct

care of the practitioner;

(c)Dietary supplement products containing ephedrine group alkaloids that are

sold or distributed directly to a licensed practitioner or registered pharmacist

for resale to a patient for whom the products have been prescribed under

paragraph

(a)of this subsection; or

(d)Dietary supplement products containing ephedrine group alkaloids that are not

for resale in this Commonwealth and that are sold or distributed directly to

businesses not located in this Commonwealth.

(3)Trafficking in or transferring a dietary supplement is:

(a)For the first offense, a Class A misdemeanor; and

(b)For a second or subsequent offense, a Class D felony.