218A.182 Electronic prescribing of controlled substances required -- Exceptions --
427 words·~2 min read·
/ky/218a-182A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Duties of pharmacist -- Administrative regulations.
(1)Notwithstanding KRS 218A.180 or any other state law to the contrary, beginning
January 1, 2021, no practitioner shall issue any prescription for a controlled
substance unless the prescription is made by electronic prescription from the
practitioner issuing the prescription to a pharmacy, except for prescriptions issued:
(a)By veterinarians;
(b)In circumstances where electronic prescribing is not available due to
temporary technological or electrical failure;
(c)By a practitioner to be dispensed by a pharmacy located outside the state;
(d)When the prescriber and dispenser are the same entity;
(e)That include elements that are not supported by the most recently
implemented version of the National Council for Prescription Drug Programs
Prescriber/Pharmacist Interface SCRIPT Standard;
(f)By a practitioner for a drug that contains certain elements that cannot be
incorporated as required by the United States Food and Drug Administration
with electronic prescribing, including extemporaneous compounding;
(g)By a practitioner allowing for the dispensing of a nonpatient specific
prescription under a standing order, approved protocol for drug therapy, or
collaborative drug management or comprehensive medication management, in
response to a public health emergency;
(h)By a practitioner prescribing a drug under a research protocol;
(i)By practitioners who have received a waiver or a renewal thereof, from the
requirement to use electronic prescribing due to economic hardship,
technological limitations that are not reasonably within the control of the
practitioner, or other exceptional circumstance demonstrated by the
practitioner. The initial waiver and each subsequent waiver renewal shall not
exceed one
(1)year per waiver or waiver renewal;
(j)By a practitioner under circumstances where, notwithstanding the
practitioner's present ability to make an electronic prescription as required by
this subsection, the practitioner reasonably determines that it would be
impractical for the patient to obtain substances prescribed by electronic
prescription in a timely manner, and delay would adversely impact the
patient's medical condition;
(k)By a practitioner for an individual who receives hospice care; or
(l)By a practitioner for an individual who is a resident of a nursing facility.
(2)A pharmacist who receives a written, oral, or faxed prescription for a controlled
substance shall not be required to verify that the prescription properly falls under
one
(1)of the exceptions from the requirement to electronically prescribe.
Pharmacists may continue to dispense medications from otherwise valid written,
oral, or fax prescriptions that are consistent with current laws and administrative
regulations.
(3)The cabinet shall promulgate administrative regulations to implement this section
including enforcement mechanisms, waivers of requirements, and appropriate
penalties for violations.