{"data":{"id":"us-ky/krs-315.191","jurisdiction":"us-ky","citation":"KRS 315.191","heading":"Powers and duties of board -- Advisory council.","body":"(1) The board is authorized to:\n(a) Promulgate administrative regulations pursuant to KRS Chapter 13A\nnecessary to regulate and control all matters set forth in this chapter relating to\npharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale\ndistributors, and manufacture rs, to the extent that regulation and control of\nsame have not been delegated to some other agency of the Commonwealth,\nbut administrative regulations relating to drugs shall be limited to the\nregulation and control of drugs sold pursuant to a prescription  drug order.\nHowever, except as provided in KRS 315.038, nothing contained in this\nchapter shall be construed as authorizing the board to promulgate any\nadministrative regulations relating to prices or fees or to advertising or the\npromotion of the sales or use of commodities or services;\n(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to\nschedule and conduct hearings on behalf of the board on any matter under the\njurisdiction of the board;\n(c) Prescribe the time, place, meth od, manner, scope, and subjects of\nexaminations, with at least two (2) examinations to be held annually;\n(d) Issue and renew all licenses, certificates, and permits for all pharmacists,\npharmacist interns, pharmacies, pharmacy technicians, wholesale distri butors,\nand manufacturers engaged in the manufacture, distribution, or dispensation\nof drugs;\n(e) Investigate all complaints or violations of the state pharmacy laws and the\nadministrative regulations promulgated by the board, and bring all these cases\nto the notice of the proper law enforcement authorities;\n(f) Promulgate administrative regulations, pursuant to KRS Chapter 13A, that are\nnecessary and to control the storage, retrieval, dispensing, refilling, and\ntransfer of prescription drug orders within a nd between pharmacists and\npharmacies licensed or issued a permit by it;\n(g) Perform all other functions necessary to carry out the provisions of law and\nthe administrative regulations promulgated by the board relating to\npharmacists, pharmacist interns, pharmacy technicians, pharmacies, wholesale\ndistributors, and manufacturers;\n(h) Establish or approve programs for training, qualifications, and registration of\npharmacist interns;\n(i) Assess reasonable fees, in addition to the fees specifically provided fo r in this\nchapter and consistent with KRS 61.870 to 61.884, for services rendered to\nperform its duties and responsibilities, including, but not limited to, the\nfollowing:\n1. Issuance of duplicate certificates;\n2. Mailing lists or reports of data maintained by the board;\n3. Copies of documents; or\n4. Notices of meetings;\n(j) Seize any drug or device found by the board to constitute an imminent danger\nto public health and welfare;\n(k) 1. Establish an advisory council  to advise the board on statutes,\nadministrative regulations, and other matters within the discretion of the\nboard pertinent to the practice of pharmacy and regulation of\npharmacists, pharmacist interns, pharmacy technicians, pharmacies,\ndrug distribution,  and drug manufacturing. The council shall provide\nrecommendations for updating policies and procedures, including\nadministrative regulations relating to the practice of pharmacy.\n2. The council shall consist of nine (9) pharmacists broadly representative\nof the profession of pharmacy. For purposes of this subparagraph,\n\"broadly representative\" means the following:\na. Two (2) pharmacists appointed by the Kentucky Pharmacists\nAssociation;\nb. Two (2) pharmacists appointed by the Kentucky Independent\nPharmacy Alliance;\nc. One (1) pharmacist who practices or specializes primarily in a mail\norder pharmacy appointed by the Kentucky Pharmacists\nAssociation;\nd. One (1) pharmacist who practices or specializes primarily in a\nlong-term care pharmacy appointed by Kentuc ky Association of\nHealth Care Facilities;\ne. One (1) pharmacist who practices or specializes primarily in a\nveterinary pharmacy appointed by the Kentucky Pharmacists\nAssociation;\nf. One (1) pharmacist who practices or specializes primarily in a\nhospital pharmacy appointed by the Kentucky Society of Health -\nSystem Pharmacists; and\ng. One (1) pharmacist who practices in a specialized pharmacy that\nsolely or mostly provides medication to persons living with serious\nhealth conditions requiring complex therapies,  appointed by the\nKentucky Pharmacists Association.\n3. Each pharmacist member shall be licensed by the board, a resident of\nKentucky, and employed for at least two (2) consecutive years in the\npractice area he or she represents.\n4. Members shall serve terms of up to four (4) years and may serve two (2)\nconsecutive terms, but shall not serve on the council for more than two\n(2) consecutive terms. Members may continue to serve until their\nsuccessors are appointed.\n5. Members shall be confirmed by roll call vo te of the board at a meeting\nconducted in accordance with the Open Meetings Act, KRS 61.805 to\n61.850; and\n(l) Promulgate administrative regulations establishing the qualifications that\npharmacy technicians are required to attain prior to engaging in pharm acy\npractice activities outside the immediate supervision of a pharmacist.\n(2) The board shall have other authority as may be necessary to enforce pharmacy laws\nand administrative regulations of the board including, but not limited to:\n(a) Joining or parti cipating in professional organizations and associations\norganized exclusively to promote improvement of the standards of practice of\npharmacy for the protection of public health and welfare or facilitate the\nactivities of the board; and\n(b) Receiving and e xpending funds, in addition to its biennial appropriation,\nreceived from parties other than the state, if:\n1. The funds are awarded for the pursuit of a specific objective which the\nboard is authorized to enforce through this chapter, or which the board is\nqualified to pursue by reason of its jurisdiction or professional expertise;\n2. The funds are expended for the objective for which they were awarded;\n3. The activities connected with or occasioned by the expenditure of the\nfunds do not interfere with the performance of the board's\nresponsibilities and do not conflict with the exercise of its statutory\npowers;\n4. The funds are kept in a separate account and not commingled with funds\nreceived from the state; and\n5. Periodic accountings of the funds are maintained at the board office for\ninspection or review.\n(3) In addition to the sanctions provided in KRS 315.121, the board or its hearing\nofficer may direct any licensee, permit holder, or certificate holder found gu ilty of a\ncharge involving pharmacy or drug laws, rules, or administrative regulations of the\nstate, any other state, or federal government, to pay to the board a sum not to\nexceed the reasonable costs of investigation and prosecution of the case, not to\nexceed twenty-five thousand dollars ($25,000).\n(4) In an action for recovery of costs, proof of the board's order shall be conclusive\nproof of the validity of the order of payment and any terms for payment.","path":["KRS Chapter 315"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54984","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:12Z","sha256":"cb42e966e244f9dfad43b034829beedb8e2ad2e5bad83e3b1ca914a876e23ce8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-315.190","next":"us-ky/krs-315.192"},"notice":"GroundRules: Original legal text. Not legal advice."}