Kentucky Statutes 315.125 – Mental or physical examination ordered by board — Effect of failure to submit to examination
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(1) When the board has probable cause to believe a pharmacist, pharmacy technician, licensee, certificate holder, or permit holder is suffering from a mental or physical condition that might impede that person’s ability to practice competently, the board may order the individual to undergo a mental or physical examination by an appropriately-trained professional designated by the board.
(2) Failure of a pharmacist, pharmacy technician, licensee, or permit holder to submit to such an examination when directed, unless the failure was due to circumstances beyond his or her control, shall constitute an admission that he or she has developed such a mental or physical disability, or other condition, that continued practice is dangerous to patients or to the public. Failure to attend the examination shall constitute a default, and a final order suspending, limiting, restricting, or revoking the license or permit may be entered without the taking of testimony or presentation of evidence.
(3) A pharmacist, pharmacy technician, licensee, or permit holder whose license has been suspended, limited, restricted, or revoked pursuant to this section shall at reasonable intervals be afforded an opportunity, pursuant to KRS § 315.121(4), to demonstrate that he can resume the competent practice of pharmacy with reasonable skill and safety to patients.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 103, sec. 15, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 73, sec. 12, effective July 12, 2012. — Amended 2008 Ky. Acts ch.
148, sec. 5, effective July 15, 2008. — Created 1996 Ky. Acts ch. 257, sec. 15, effective July 15, 1996.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has corrected manifest clerical or typographical errors in this statute during codification. The meaning of the text was not changed.
(2) Failure of a pharmacist, pharmacy technician, licensee, or permit holder to submit to such an examination when directed, unless the failure was due to circumstances beyond his or her control, shall constitute an admission that he or she has developed such a mental or physical disability, or other condition, that continued practice is dangerous to patients or to the public. Failure to attend the examination shall constitute a default, and a final order suspending, limiting, restricting, or revoking the license or permit may be entered without the taking of testimony or presentation of evidence.
Terms Used In Kentucky Statutes 315.125
- Board: means the Kentucky Board of Pharmacy. See Kentucky Statutes 315.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pharmacist: means a natural person licensed by this state to engage in the practice of the profession of pharmacy. See Kentucky Statutes 315.010
- Pharmacy: means every place where:
(a) Drugs are dispensed under the direction of a pharmacist. See Kentucky Statutes 315.010 - Pharmacy technician: means a natural person who works under the immediate supervision, or general supervision if otherwise provided for by statute or administrative regulation, of a pharmacist for the purpose of assisting a pharmacist with the practice of pharmacy. See Kentucky Statutes 315.010
- Practice of pharmacy: means interpretation, evaluation, and implementation of medical orders and prescription drug orders. See Kentucky Statutes 315.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) A pharmacist, pharmacy technician, licensee, or permit holder whose license has been suspended, limited, restricted, or revoked pursuant to this section shall at reasonable intervals be afforded an opportunity, pursuant to KRS § 315.121(4), to demonstrate that he can resume the competent practice of pharmacy with reasonable skill and safety to patients.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 103, sec. 15, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 73, sec. 12, effective July 12, 2012. — Amended 2008 Ky. Acts ch.
148, sec. 5, effective July 15, 2008. — Created 1996 Ky. Acts ch. 257, sec. 15, effective July 15, 1996.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has corrected manifest clerical or typographical errors in this statute during codification. The meaning of the text was not changed.