Kentucky Statutes 218A.200 – Record-keeping and inventory requirements — Penalties
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(1) Every practitioner who is authorized to administer or professionally use controlled substances, shall keep a record of substances received by him, and a record of all substances administered, dispensed, or professionally used by him otherwise than by prescription. Every such record shall be kept for a period of five (5) years.
(2) Manufacturers and wholesalers shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them. Every such record shall be kept for a period of two (2) years.
For details, see § 532.060
(3) Pharmacists shall keep records of all controlled substances received and disposed of by them. Every such record shall be kept for a period of five (5) years.
(4) The record of controlled substances received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received. The record of all controlled substances sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity.
(5) The keeping of a record under the federal controlled substances laws, containing substantially the same information as is specified in subsection (4) of this section, shall constitute compliance with this section.
(6) A copy of the detailed list of controlled substances lost, destroyed, or stolen shall be forwarded to the Cabinet for Health and Family Services as soon as practical.
(7) (a) Every manufacturer, distributor, wholesaler, repacker, practitioner, pharmacist, or other person authorized to possess controlled substances shall take an inventory of all controlled substances in his possession at least every two (2) years.
(b) A substance which is added to any schedule of controlled substances and which was not previously listed in any schedule shall be initially inventoried within thirty (30) days of the effective date of the statute or administrative regulation which adds the substance to the provisions of this chapter. Thereafter, the substance shall be included in the inventory required by paragraph (a) of this subsection.
(8) Any person who violates any provision of this section shall be guilty of a Class A
misdemeanor for a first offense and a Class D felony for subsequent offenses.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 542, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 301, sec. 25, effective July 15, 1998; and ch. 426, sec. 485, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1972 Ky. Acts ch. 226, sec. 21.
(2) Manufacturers and wholesalers shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them. Every such record shall be kept for a period of two (2) years.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 218A.200
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order. See Kentucky Statutes 218A.010 - Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218A.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
- Pharmacist: means a natural person licensed by this state to engage in the practice
of the profession of pharmacy. See Kentucky Statutes 218A.010 - Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS §. See Kentucky Statutes 218A.010
- Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010
- Statute: A law passed by a legislature.
(3) Pharmacists shall keep records of all controlled substances received and disposed of by them. Every such record shall be kept for a period of five (5) years.
(4) The record of controlled substances received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received. The record of all controlled substances sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity.
(5) The keeping of a record under the federal controlled substances laws, containing substantially the same information as is specified in subsection (4) of this section, shall constitute compliance with this section.
(6) A copy of the detailed list of controlled substances lost, destroyed, or stolen shall be forwarded to the Cabinet for Health and Family Services as soon as practical.
(7) (a) Every manufacturer, distributor, wholesaler, repacker, practitioner, pharmacist, or other person authorized to possess controlled substances shall take an inventory of all controlled substances in his possession at least every two (2) years.
(b) A substance which is added to any schedule of controlled substances and which was not previously listed in any schedule shall be initially inventoried within thirty (30) days of the effective date of the statute or administrative regulation which adds the substance to the provisions of this chapter. Thereafter, the substance shall be included in the inventory required by paragraph (a) of this subsection.
(8) Any person who violates any provision of this section shall be guilty of a Class A
misdemeanor for a first offense and a Class D felony for subsequent offenses.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 542, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 301, sec. 25, effective July 15, 1998; and ch. 426, sec. 485, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1972 Ky. Acts ch. 226, sec. 21.