201 KAR 2:330. Emergency pharmacy powers

Section 1. If a pharmacist receives a request for a prescription refill with no refill authorized and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense an emergency refill of up to a thirty (30) day supply of the medication pursuant to KRS 217.215 if: (1) The Governor has issued an executive order as authorized by KRS 315.500 for the county where the pharmacy is located; (2) The pharmacist obtains prescription information from: (a) A prescription label; (b) A prescription record within the pharmacy; (c) A prescription record from another pharmacy; (d) A common database; (e) The patient; or (f) Any other healthcare record; (3) The prescription refill is not for a controlled substance; (4) The prescription is for a maintenance medication; (5) In the pharmacist's professional judgment, the interruption of therapy may produce undesirable consequences or may be detrimental to the patient's welfare and cause physical or mental discomfort; and (6) The pharmacist notes on the prescription record the date, the quantity dispensed, and the pharmacist's name or initials. Section 2. Â (1) A pharmacy may temporarily relocate to and operate at a new location if: (a) It is not safe or practicable to operate a pharmacy at the address listed on the permit; and (b) The Governor has issued an executive order as authorized by KRS 315.500 for the county where the pharmacy is located. (2) The pharmacy owner shall: (a) Maintain confidentiality of patient records; (b) Secure all drugs; and (c) Notify the board of the temporary address as soon as practicable. (3) The following regulatory requirements shall not apply for this temporary location: (a) The requirement to maintain references as listed in 201 KAR 2:090, Section 1; (b) The requirement to maintain equipment as listed in 201 KAR 2:205, Section 2; and (c) The requirement that the pharmacy be enclosed by a floor to ceiling partition if it is located within a larger establishment which is open to the public for business when a pharmacist is not present.