{"data":{"id":"us-ky/krs-218a.1446","jurisdiction":"us-ky","citation":"KRS 218A.1446","heading":"Requirements for dispensing of ephedrine -based products -- Log or","body":"recordkeeping mechanism -- Thirty-day quantity limitation on ephedrine -\nbased products -- Exceptions -- Preemption of local laws -- Blocking\nmechanism -- Annual report.\n(1) Any compound, mixture, or preparation containing any detectable quantity of\nephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers,\nor salts of optical isomers shall be dispensed, sold, or distributed only by a\nregistered pharmacist, a pharmacy intern, or a pharmacy technician.\n(2) Any person purchasing, receiving, or otherwise acquiring any nonprescription\ncompound, mixture, or preparation containing any detectable quantity of ephedrine,\npseudoephedrine, or phenylpropanolamine, th eir salts or optical isomers, or salts of\noptical isomers shall:\n(a) Produce a government-issued photo identification showing the date of birth of\nthe person; and\n(b) Sign a log or record showing the:\n1. Date of the transaction;\n2. Name, date of birth, and address of the person making the purchase; and\n3. The amount and name of the compound, mixture, or preparation.\nOnly an electronic logging or recordkeeping mechanism approved by the Office of\nDrug Control Policy may be utilized to meet the requirements of this subsection. No\npharmacy may dispense or sell any compound, mixture, or preparation containing\nany detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine,\ntheir salts or optical isomers, or salts of optical isomers unless the elect ronic\nlogging or recordkeeping mechanism required by this section is provided at no cost\nto the pharmacy.\n(3) An electronic log or record, as described in subsection (2) of this section, shall be\nkept of each day's transactions. The registered pharmacist, a pharmacy intern, or a\npharmacy technician shall initial the entry of each sale in the log, evidencing\ncompletion of each transaction. The log shall be:\n(a) Kept for a period of two (2) years; and\n(b) Subject to random and warrantless inspection by city, county, or state law\nenforcement officers.\n(4) (a) Intentional failure of a registered pharmacist, a pharmacy intern, or a\npharmacy technician to make an accurate entry of a sale of a product or failure\nto maintain the log records as required by this section may subject him or her\nto a fine of not more than one thousand dollars ($1,000) for each violation and\nmay be evidence of a violation of KRS 218A.1438.\n(b) If evidence exists that the pharmacist's, the pharmacy intern's, or the\npharmacist technician's employer fails, neglects, or encourages incorrect entry\nof information by improper training, lack of supervisio n or oversight of the\nmaintenance of logs, or other action or inaction, the employer shall also face\nliability under this section and any other applicable section of this chapter.\n(c) It shall be a defense to a violation of this section that the person pro ves that\ncircumstances beyond the control of the registered pharmacist, pharmacy\nintern, or pharmacy technician delayed or prevented the making of the record\nor retention of the record as required by this section. Examples of\ncircumstances beyond the contr ol of the registered pharmacist, pharmacy\nintern, or pharmacy technician include but are not limited to:\n1. Fire, natural or manmade disaster, loss of power, and similar events;\n2. Robbery, burglary, shoplifting, or other criminal act by a person on the\npremises;\n3. A medical emergency suffered by the registered pharmacist, pharmacy\nintern, or pharmacy technician, another employee of the establishment, a\ncustomer, or any other person on the premises; or\n4. Some other circumstance that establishes that an om ission was\ninadvertent.\n(5) No person shall purchase, receive, or otherwise acquire any product, mixture, or\npreparation or combinations of products, mixtures, or preparations containing more\nthan seven and one -fifth (7.2) grams of ephedrine, pseudoephedri ne, or\nphenylpropanolamine, their salts or optical isomers, or salts of optical isomers\nwithin any thirty (30) day period, provided that this limit shall not apply to any\nquantity of product, mixture, or preparation dispensed pursuant to a valid\nprescription.\n(6) A person under eighteen (18) years of age shall not purchase or attempt to purchase\nany quantity of a nonprescription ephedrine, pseudoephedrine, or\nphenylpropanolamine product as described in subsection (1) of this section. No\nperson shall aid or assist a person under eighteen (18) years of age in purchasing\nany quantity of a nonprescription ephedrine, pseudoephedrine, or\nphenylpropanolamine product as described in subsection (1) of this section.\n(7) The requirements of this section shall not apply  to any compounds, mixtures, or\npreparation containing ephedrine, pseudoephedrine, or phenylpropanolamine, their\nsalts or optical isomers, or salts of optical isomers which are in liquid, liquid\ncapsule, or gel capsule form or to any compounds, mixtures, o r preparations\ncontaining ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts or\noptical isomers which are deemed to be not subject to abuse upon joint review and\nagreement of the Office of Drug Control Policy, the Board of Pharmacy, and the\nCabinet for Health and Family Services.\n(8) The provisions of this section shall not apply to a:\n(a) Licensed manufacturer manufacturing and lawfully distributing a product in\nthe channels of commerce;\n(b) Wholesaler lawfully distributing a product in the channels of commerce;\n(c) Pharmacy with a valid permit from the Kentucky Board of Pharmacy;\n(d) Health care facility licensed pursuant to KRS Chapter 216B;\n(e) Licensed long-term care facility;\n(f) Government-operated health department;\n(g) Physician's office;\n(h) Publicly operated prison, jail, or juvenile correctional facility, or a private\nadult or juvenile correctional facility under contract with the Commonwealth;\n(i) Public or private educational institution maintaining a health care program; or\n(j) Government-operated or industrial medical facility serving its own\nemployees.\n(9) The provisions of this section shall supersede and preempt all local laws,\nordinances, and regulations pertaining to the sale of any compounds, mixtures, or\npreparation conta ining ephedrine, pseudoephedrine, phenylpropanolamine, their\nsalts or optical isomers, or salts of optical isomers.\n(10) To be approved for use under this section, a logging or recordkeeping system shall:\n(a) Be designed to block the dispensing of any compound, mixture, or preparation\ncontaining ephedrine, pseudoephedrine, phenylpropanolamine, their salts or\noptical isomers,  or salts of optical isomers, where the dispensing would\nexceed the quantity limitations established in this section or would be\nprohibited under KRS 218A.1440; and\n(b) Allow unimpeded access by the Office of Drug Control Policy to any data\nstored in the system for statistical analysis purposes.\n(11) The Office of Drug Control Policy shall prepare and submit to the Legislative\nResearch Commission an annual statistical report on the sale of compounds,\nmixtures, or preparations containing ephedrine, pseudoeph edrine,\nphenylpropanolamine, their salts or optical isomers, or salts of optical isomers,\nincluding state and county sale amounts and numbers of individual purchasers.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55021","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"d02cfae66a28edf227d047bd1f30ae0b99bde5ec8bb772c245e73cef1c2ec468","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.1444","next":"us-ky/krs-218a.1447"},"notice":"GroundRules: Original legal text. Not legal advice."}