KRS 218A.180: Dispensing of controlled substance with prescription -- Duties of

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 w ritten, 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 pos sible for the prescriber to provide a written prescription. No

prescription for a controlled substance in Schedule II shall be valid after sixty (60)

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.

(3) (a) To be valid, a prescription for a controlled substance shall be issued only for a

legitimate medical purpose by a practitione r 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, streng th, 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 regulati ons 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.