{"data":{"id":"us-ky/krs-218a.172","jurisdiction":"us-ky","citation":"KRS 218A.172","heading":"Administrative regulations on prescribing or dispensing of Schedule II","body":"controlled substance -- Continuing course of treatment -- Recordkeeping --\nExemptions.\n(1) Administrative regulations promulgated under KRS 218A.205(3) shall require  that,\nprior to the initial prescribing or dispensing of any Schedule II controlled substance\nto a human patient, a practitioner shall:\n(a) Obtain a medical history and conduct a physical or mental health examination\nof the patient, as appropriate to the p atient's medical complaint, and document\nthe information in the patient's medical record;\n(b) Query the electronic monitoring system established in KRS 218A.202 for all\navailable data on the patient for the twelve (12) month period immediately\npreceding th e patient encounter and appropriately utilize that data in the\nevaluation and treatment of the patient;\n(c) Make a written plan stating the objectives of the treatment and further\ndiagnostic examinations required;\n(d) Discuss the risks and benefits of the use of controlled substances with the\npatient, the patient's parent if the patient is an unemancipated minor child, or\nthe patient's legal guardian or health care surrogate, including the risk of\ntolerance and drug dependence; and\n(e) Obtain written consent for the treatment.\n(2) (a) Administrative regulations promulgated under KRS 218A.205(3) shall require\nthat a practitioner prescribing or dispensing additional amounts of Schedule II\ncontrolled substances for the same medical complaint and related symptom s\nshall:\n1. Review, at reasonable intervals based on the patient's individual\ncircumstances and course of treatment, the plan of care;\n2. Provide to the patient any new information about the treatment; and\n3. Modify or terminate the treatment as appropriate.\n(b) If the course of treatment extends beyond three (3) months, the administrative\nregulations shall also require that the practitioner:\n1. Query the electronic monitoring system established in KRS 218A.202\nno less than once every three (3) months for all available data on the\npatient for the twelve (12) month period immediately preceding the\nquery; and\n2. Review that data before issuing any new prescription or refills for the\npatient for any Schedule II controlled substance.\n(3) Administrative regulations promulgated under KRS 218A.205(3) shall require that\nfor each patient for whom a practitioner prescribes any Schedule II controlled\nsubstance the practitioner shall keep accurate, readily accessible, and complete\nmedical records which include, as appropriate:\n(a) Medical history and physical or mental health examination;\n(b) Diagnostic, therapeutic, and laboratory results;\n(c) Evaluations and consultations;\n(d) Treatment objectives;\n(e) Discussion of risk, benefits, and limitations of treatments;\n(f) Treatments;\n(g) Medications, including date, type, dosage, and quantity prescribed or\ndispensed;\n(h) Instructions and agreements; and\n(i) Periodic reviews of the patient's file.\n(4) Administrative regulations promulgated under KRS 218A.205(3) may exempt, in\nwhole or in part, compliance with the mandatory diagnostic, treatment, review, and\nother protocols and standards established in this section for:\n(a) A licensee prescribing or administering a controlled substance immediately\nprior to, during, or within the fourteen (14) days following an operative or\ninvasive procedure or a delivery if the prescribing or administering is\nmedically related to the operative or invasive procedure or the delivery and\nthe medication usage does not extend beyond the fourteen (14) days;\n(b) A licensee prescribing or administering a controlled substance necessary to\ntreat a patient in an emergency situation;\n(c) A lic ensed pharmacist or other person licensed by the Kentucky Board of\nPharmacy to dispense drugs or a licensed pharmacy;\n(d) A licensee prescribing or dispensing a controlled substance:\n1. For administration in a hospital or long -term-care facility if the hos pital\nor long-term-care facility with an institutional account, or a practitioner\nin those hospitals or facilities where no institutional account exists,\nqueries the electronic monitoring system established in KRS 218A.202\nfor all available data on the patient or resident for the twelve (12) month\nperiod immediately preceding the query within twelve (12) hours of the\npatient's or resident's admission and places a copy of the query in the\npatient's or resident's medical records during the duration of the pat ient's\nstay at the facility;\n2. As part of the patient's hospice or end-of-life treatment;\n3. For the treatment of pain associated with cancer or with the treatment of\ncancer;\n4. In a single dose to relieve the anxiety, pain, or discomfort experienced\nby a patient submitting to a diagnostic test or procedure;\n5. Within seven (7) days of an initial prescribing or dispensing under\nsubsection (1) of this section if the prescribing or dispensing:\na. Is done as a substitute for the initial prescribing or dispensing;\nb. Cancels any refills for the initial prescription; and\nc. Requires the patient to dispose of any remaining unconsumed\nmedication;\n6. Within ninety (90) days of an initial prescribing or dispensing under\nsubsection (1) of this section if the prescribing or dispensing is done by\nanother practitioner in the same practice or in an existing coverage\narrangement, if done for the same patient for the same medical\ncondition; or\n7. To a research subject enrolled in a research protocol approved by an\ninstitutional review board that has an active federalwide assurance\nnumber from the United States Department of Health and Human\nServices, Office for  Human Research Protections, where the research\ninvolves single, double, or triple blind drug administration or is\nadditionally covered by a certificate of confidentiality from the National\nInstitutes of Health;\n(e) The prescribing of a Schedule III, IV, o r V controlled substance by a licensed\noptometrist to a patient in accordance with the provisions of KRS 320.240; or\n(f) The prescribing of a three (3) day supply of a Schedule III controlled\nsubstance following the performance of oral surgery by a dentist  licensed\npursuant to KRS Chapter 313.\n(5) (a) A state licensing board promulgating administrative regulations under KRS\n218A.205(3) may promulgate an administrative regulation in accordance with\nKRS Chapter 13A authorizing exemptions supplemental or in ad dition to\nthose specified in subsection (4) of this section. Prior to exercising this\nauthority, the board shall:\n1. Notify the Kentucky Office of Drug Control Policy that it is considering\na proposal to promulgate an administrative regulation authorizing\nexemptions supplemental or in addition to those specified in subsection\n(4) of this section and invite the office to participate in the board\nmeeting at which the proposal will be considered;\n2. Make a factual finding based on expert testimony as well as e vidence or\nresearch submitted to the board that the exemption demonstrates a low\nrisk of diversion or abuse and is supported by the dictates of good\nmedical practice; and\n3. Submit a report to the Governor and the Legislative Research\nCommission of its act ions, including a detailed explanation of the\nfactual and policy basis underlying the board's action. A copy of this\nreport shall be provided to the regulations compiler.\n(b) Within one (1) working day of promulgating an administrative regulation\nauthorizing an exemption under this section, the promulgating board shall\nemail to the Kentucky Office of Drug Control Policy:\n1. A copy of the administrative regulation as filed, and all attachments\nrequired by KRS 13A.230(1); and\n2. A request from the board that the office review the administrative\nregulation in the same manner as would the Commission on Small\nBusiness Innovation and Advocacy under KRS 11.202(1)(e), and submit\nits report or comments in accordance with the deadline established in\nKRS 13A.270(1)(c).  A copy of the report or comments shall be filed\nwith the regulations compiler.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57302","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"cfb0c90b7f61446b0a90d3bb6054389eec1ce48aa0bd932e87b2a5a8860c3489","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.171","next":"us-ky/krs-218a.175"},"notice":"GroundRules: Original legal text. Not legal advice."}