218A.180 Dispensing of controlled substance with prescription -- Duties of
649 words·~3 min read·
/ky/218a-180A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
pharmacist -- Penalties.
(1)Except when dispensed directly by a practitioner to an ultimate user, no controlled
substance listed in Schedule II may be dispensed without the written, facsimile,
electronic, or oral prescription of a practitioner. A prescription for a controlled
substance listed in Schedule II may be dispensed by a facsimile prescription only as
specified in administrative regulations promulgated by the cabinet. A prescription
for a controlled substance listed in Schedule II may be dispensed by oral
prescription only for immediate administration to a patient enrolled in a hospice
program or a resident in a long-term care facility, as defined in KRS 216.535,
excluding a family care home, assisted living community as defined in KRS
194A.700, or personal care home, and the practitioner determines that immediate
administration is necessary, no appropriate alternative treatment is available, and it
is not reasonably possible for the prescriber to provide a written prescription. No
prescription for a controlled substance in Schedule II shall be valid after sixty
days from the date issued. No prescription for a controlled substance in Schedule II
shall be refilled. All prescriptions for controlled substances classified in Schedule II
shall be maintained in a separate prescription file.
(2)Except when dispensed directly by a practitioner to an ultimate user, a controlled
substance included in Schedules III, IV, and V, which is a prescription drug, shall
not be dispensed without a written, facsimile, electronic, or oral prescription by a
practitioner. The prescription shall not be filled or refilled more than six
(6)months
after the date issued or be refilled more than five
(5)times, unless renewed by the
practitioner and a new prescription, written, electronic, or oral shall be required.
(a)To be valid, a prescription for a controlled substance shall be issued only for a
legitimate medical purpose by a practitioner acting in the usual course of his
professional practice. Responsibility for the proper dispensing of a controlled
substance pursuant to a prescription for a legitimate medical purpose is upon
the pharmacist who fills the prescription.
(b)A prescription shall not be issued for a practitioner to obtain a controlled
substance for the purpose of general dispensing or administering to patients.
(4)All written, facsimile, and electronic prescriptions for controlled substances shall be
dated and signed by the practitioner on the date issued. A computer-generated
prescription that is printed out or faxed by the practitioner shall be manually signed.
A prescription may be transmitted by facsimile only as specified in administrative
regulations promulgated by the cabinet. Electronic prescriptions shall be created,
signed, and transmitted in accordance with the requirements of 21 C.F.R. pt. 1311.
(5)All prescriptions for controlled substances shall include the full name and address
of the patient, drug name, strength, dosage form, quantity prescribed, directions for
use, and the name, address and registration number of the practitioner.
(6)All oral prescriptions for controlled substances shall be immediately reduced to
writing, dated, and signed by the pharmacist.
(7)A pharmacist refilling any prescription shall record on the prescription or other
equivalent record the date, the quantity, and the pharmacist's initials. The
maintenance of prescription records under the federal controlled substances laws
and regulations containing substantially the same information as specified in this
subsection shall constitute compliance with this subsection.
(8)The pharmacist filling a written, facsimile, electronic, or oral prescription for a
controlled substance shall affix to the package a label showing the date of filling,
the pharmacy name and address, the serial number of the prescription, the name of
the patient, the name of the prescribing practitioner and directions for use and
cautionary statements, if any, contained in such prescription or required by law.
(9)Any person who violates any provision of this section shall:
(a)For the first offense, be guilty of a Class A misdemeanor; and
(b)For a second or subsequent offense, be guilty of a Class D felony.