Kentucky Statutes 315.191 – Powers and duties of board — Advisory council
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(1) The board is authorized to:
(a) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary to regulate and control all matters set forth in this chapter relating to pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and manufacturers, to the extent that regulation and control of same have not been delegated to some other agency of the Commonwealth, but administrative regulations relating to drugs shall be limited to the regulation and control of drugs sold pursuant to a prescription drug order. However, nothing contained in this chapter shall be construed as authorizing the board to promulgate any administrative regulations relating to prices or fees or to advertising or the promotion of the sales or use of commodities or services;
(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to schedule and conduct hearings on behalf of the board on any matter under the jurisdiction of the board;
(c) Prescribe the time, place, method, manner, scope, and subjects of examinations, with at least two (2) examinations to be held annually;
(d) Issue and renew all licenses, certificates, and permits for all pharmacists, pharmacist interns, pharmacies, pharmacy technicians, wholesale distributors, and manufacturers engaged in the manufacture, distribution, or dispensation of drugs;
(e) Investigate all complaints or violations of the state pharmacy laws and the administrative regulations promulgated by the board, and bring all these cases to the notice of the proper law enforcement authorities;
(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are necessary and to control the storage, retrieval, dispensing, refilling, and transfer of prescription drug orders within and between pharmacists and pharmacies licensed or issued a permit by it;
(g) Perform all other functions necessary to carry out the provisions of law and the administrative regulations promulgated by the board relating to pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and manufacturers;
(h) Establish or approve programs for training, qualifications, and registration of pharmacist interns;
(i) Assess reasonable fees, in addition to the fees specifically provided for in this chapter and consistent with KRS § 61.870 to KRS § 61.884, for services rendered to perform its duties and responsibilities, including, but not limited to, the following:
1. Issuance of duplicate certificates;
2. Mailing lists or reports of data maintained by the board;
3. Copies of documents; or
4. Notices of meetings;
(j) Seize any drug or device found by the board to constitute an imminent danger to public health and welfare;
(k) 1. Establish an advisory council to advise the board on statutes, administrative regulations, and other matters within the discretion of the board pertinent to the practice of pharmacy and regulation of pharmacists, pharmacist interns, pharmacy technicians, pharmacies, drug distribution, and drug manufacturing. The council shall provide recommendations for updating policies and procedures, including administrative regulations relating to the practice of pharmacy.
2. The council shall consist of nine (9) pharmacists broadly representative of the profession of pharmacy. For purposes of this subparagraph, “broadly representative” means the following:
a. Two (2) pharmacists appointed by the Kentucky Pharmacists
Association;
b. Two (2) pharmacists appointed by the Kentucky Independent
Pharmacy Alliance;
c. One (1) pharmacist who practices or specializes primarily in a mail order pharmacy appointed by the Kentucky Pharmacists Association;
d. One (1) pharmacist who practices or specializes primarily in a long-term care pharmacy appointed by Kentucky Association of Health Care Facilities;
e. One (1) pharmacist who practices or specializes primarily in a veterinary pharmacy appointed by the Kentucky Pharmacists Association;
f. One (1) pharmacist who practices or specializes primarily in a hospital pharmacy appointed by the Kentucky Society of Health- System Pharmacists; and
g. One (1) pharmacist who practices in a specialized pharmacy that solely or mostly provides medication to persons living with serious health conditions requiring complex therapies, appointed by the Kentucky Pharmacists Association.
3. Each pharmacist member shall be licensed by the board, a resident of Kentucky, and employed for at least two (2) consecutive years in the practice area he or she represents.
4. Members shall serve terms of up to four (4) years and may serve two (2) consecutive terms, but shall not serve on the council for more than two (2) consecutive terms. Members may continue to serve until their successors are appointed.
5. Members shall be confirmed by roll call vote of the board at a meeting conducted in accordance with the Open Meetings Act, KRS § 61.805 to
61.850; and
(l) Promulgate administrative regulations establishing the qualifications that pharmacy technicians are required to attain prior to engaging in pharmacy
practice activities outside the immediate supervision of a pharmacist.
(2) The board shall have other authority as may be necessary to enforce pharmacy laws and administrative regulations of the board including, but not limited to:
(a) Joining or participating in professional organizations and associations organized exclusively to promote improvement of the standards of practice of pharmacy for the protection of public health and welfare or facilitate the activities of the board; and
(b) Receiving and expending funds, in addition to its biennial appropriation, received from parties other than the state, if:
1. The funds are awarded for the pursuit of a specific objective which the board is authorized to enforce through this chapter, or which the board is qualified to pursue by reason of its jurisdiction or professional expertise;
2. The funds are expended for the objective for which they were awarded;
3. The activities connected with or occasioned by the expenditure of the funds do not interfere with the performance of the board’s responsibilities and do not conflict with the exercise of its statutory powers;
4. The funds are kept in a separate account and not commingled with funds received from the state; and
5. Periodic accountings of the funds are maintained at the board office for inspection or review.
(3) In addition to the sanctions provided in KRS § 315.121, the board or its hearing officer may direct any licensee, permit holder, or certificate holder found guilty of a charge involving pharmacy or drug laws, rules, or administrative regulations of the state, any other state, or federal government, to pay to the board a sum not to exceed the reasonable costs of investigation and prosecution of the case, not to exceed twenty-five thousand dollars ($25,000).
(4) In an action for recovery of costs, proof of the board’s order shall be conclusive proof of the validity of the order of payment and any terms for payment.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 136, sec. 1, effective June 29, 2023. — Amended
2016 Ky. Acts ch. 103, sec. 14, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 3, effective June 24, 2015. — Amended 2012 Ky. Acts ch. 73, sec. 13, effective July 12, 2012. — Amended 2008 Ky. Acts ch. 148, sec. 10, effective July
15, 2008. — Amended 2005 Ky. Acts ch. 61, sec. 4, effective June 20, 2005. — Amended 1996 Ky. Acts ch. 257, sec. 20, effective July 15, 1996. — Amended 1982
Ky. Acts ch. 191, sec. 17, effective July 15, 1982. — Amended 1970 Ky. Acts ch.
221, sec. 16. — Created 1966 Ky. Acts ch. 260, sec. 1.
Legislative Research Commission Note (7/12/2012). The internal format of subsection (1)(d) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 73, sec. 13, under the authority of KRS § 7.136(1). The words in the text were not changed.
(a) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary to regulate and control all matters set forth in this chapter relating to pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and manufacturers, to the extent that regulation and control of same have not been delegated to some other agency of the Commonwealth, but administrative regulations relating to drugs shall be limited to the regulation and control of drugs sold pursuant to a prescription drug order. However, nothing contained in this chapter shall be construed as authorizing the board to promulgate any administrative regulations relating to prices or fees or to advertising or the promotion of the sales or use of commodities or services;
Terms Used In Kentucky Statutes 315.191
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Association: means the Kentucky Pharmacists Association. See Kentucky Statutes 315.010
- Board: means the Kentucky Board of Pharmacy. See Kentucky Statutes 315.010
- dispensing: means to deliver one (1) or more doses of a prescription drug in a suitable container, appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Kentucky Statutes 315.010
- Drug: means any of the following:
(a) Articles recognized as drugs or drug products in any official compendium or supplement thereto. See Kentucky Statutes 315.010 - Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 - Practice of pharmacy: means interpretation, evaluation, and implementation of medical orders and prescription drug orders. See Kentucky Statutes 315.010
- Prescription drug: means a drug which:
(a) Under federal law is required to be labeled with either of the following statements:
1. See Kentucky Statutes 315.010 - Society: means the Kentucky Society of Health-Systems Pharmacists. See Kentucky Statutes 315.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Supervision: means the presence of a pharmacist on the premises to which a pharmacy permit is issued, who is responsible, in whole or in part, for the professional activities occurring in the pharmacy. See Kentucky Statutes 315.010
(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to schedule and conduct hearings on behalf of the board on any matter under the jurisdiction of the board;
(c) Prescribe the time, place, method, manner, scope, and subjects of examinations, with at least two (2) examinations to be held annually;
(d) Issue and renew all licenses, certificates, and permits for all pharmacists, pharmacist interns, pharmacies, pharmacy technicians, wholesale distributors, and manufacturers engaged in the manufacture, distribution, or dispensation of drugs;
(e) Investigate all complaints or violations of the state pharmacy laws and the administrative regulations promulgated by the board, and bring all these cases to the notice of the proper law enforcement authorities;
(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are necessary and to control the storage, retrieval, dispensing, refilling, and transfer of prescription drug orders within and between pharmacists and pharmacies licensed or issued a permit by it;
(g) Perform all other functions necessary to carry out the provisions of law and the administrative regulations promulgated by the board relating to pharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale distributors, and manufacturers;
(h) Establish or approve programs for training, qualifications, and registration of pharmacist interns;
(i) Assess reasonable fees, in addition to the fees specifically provided for in this chapter and consistent with KRS § 61.870 to KRS § 61.884, for services rendered to perform its duties and responsibilities, including, but not limited to, the following:
1. Issuance of duplicate certificates;
2. Mailing lists or reports of data maintained by the board;
3. Copies of documents; or
4. Notices of meetings;
(j) Seize any drug or device found by the board to constitute an imminent danger to public health and welfare;
(k) 1. Establish an advisory council to advise the board on statutes, administrative regulations, and other matters within the discretion of the board pertinent to the practice of pharmacy and regulation of pharmacists, pharmacist interns, pharmacy technicians, pharmacies, drug distribution, and drug manufacturing. The council shall provide recommendations for updating policies and procedures, including administrative regulations relating to the practice of pharmacy.
2. The council shall consist of nine (9) pharmacists broadly representative of the profession of pharmacy. For purposes of this subparagraph, “broadly representative” means the following:
a. Two (2) pharmacists appointed by the Kentucky Pharmacists
Association;
b. Two (2) pharmacists appointed by the Kentucky Independent
Pharmacy Alliance;
c. One (1) pharmacist who practices or specializes primarily in a mail order pharmacy appointed by the Kentucky Pharmacists Association;
d. One (1) pharmacist who practices or specializes primarily in a long-term care pharmacy appointed by Kentucky Association of Health Care Facilities;
e. One (1) pharmacist who practices or specializes primarily in a veterinary pharmacy appointed by the Kentucky Pharmacists Association;
f. One (1) pharmacist who practices or specializes primarily in a hospital pharmacy appointed by the Kentucky Society of Health- System Pharmacists; and
g. One (1) pharmacist who practices in a specialized pharmacy that solely or mostly provides medication to persons living with serious health conditions requiring complex therapies, appointed by the Kentucky Pharmacists Association.
3. Each pharmacist member shall be licensed by the board, a resident of Kentucky, and employed for at least two (2) consecutive years in the practice area he or she represents.
4. Members shall serve terms of up to four (4) years and may serve two (2) consecutive terms, but shall not serve on the council for more than two (2) consecutive terms. Members may continue to serve until their successors are appointed.
5. Members shall be confirmed by roll call vote of the board at a meeting conducted in accordance with the Open Meetings Act, KRS § 61.805 to
61.850; and
(l) Promulgate administrative regulations establishing the qualifications that pharmacy technicians are required to attain prior to engaging in pharmacy
practice activities outside the immediate supervision of a pharmacist.
(2) The board shall have other authority as may be necessary to enforce pharmacy laws and administrative regulations of the board including, but not limited to:
(a) Joining or participating in professional organizations and associations organized exclusively to promote improvement of the standards of practice of pharmacy for the protection of public health and welfare or facilitate the activities of the board; and
(b) Receiving and expending funds, in addition to its biennial appropriation, received from parties other than the state, if:
1. The funds are awarded for the pursuit of a specific objective which the board is authorized to enforce through this chapter, or which the board is qualified to pursue by reason of its jurisdiction or professional expertise;
2. The funds are expended for the objective for which they were awarded;
3. The activities connected with or occasioned by the expenditure of the funds do not interfere with the performance of the board’s responsibilities and do not conflict with the exercise of its statutory powers;
4. The funds are kept in a separate account and not commingled with funds received from the state; and
5. Periodic accountings of the funds are maintained at the board office for inspection or review.
(3) In addition to the sanctions provided in KRS § 315.121, the board or its hearing officer may direct any licensee, permit holder, or certificate holder found guilty of a charge involving pharmacy or drug laws, rules, or administrative regulations of the state, any other state, or federal government, to pay to the board a sum not to exceed the reasonable costs of investigation and prosecution of the case, not to exceed twenty-five thousand dollars ($25,000).
(4) In an action for recovery of costs, proof of the board’s order shall be conclusive proof of the validity of the order of payment and any terms for payment.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 136, sec. 1, effective June 29, 2023. — Amended
2016 Ky. Acts ch. 103, sec. 14, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 3, effective June 24, 2015. — Amended 2012 Ky. Acts ch. 73, sec. 13, effective July 12, 2012. — Amended 2008 Ky. Acts ch. 148, sec. 10, effective July
15, 2008. — Amended 2005 Ky. Acts ch. 61, sec. 4, effective June 20, 2005. — Amended 1996 Ky. Acts ch. 257, sec. 20, effective July 15, 1996. — Amended 1982
Ky. Acts ch. 191, sec. 17, effective July 15, 1982. — Amended 1970 Ky. Acts ch.
221, sec. 16. — Created 1966 Ky. Acts ch. 260, sec. 1.
Legislative Research Commission Note (7/12/2012). The internal format of subsection (1)(d) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 73, sec. 13, under the authority of KRS § 7.136(1). The words in the text were not changed.