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Kentucky News: Legislation Update 2006
Published in the June 2006 Kentucky Board of Pharmacy Newsletter
The Pharmacy Technician Registration Bill (Senate Bill [SB] 110 sponsored by Senator Richard L. Roeding) was passed by a Senate committee and went to the Floor of the Senate, passed by consent. After passing the Senate it was sent to the House Health and Welfare Committee and passed out of this committee. However, on the Floor of the House, two unfriendly amendments were added to the Bill. House Floor Amendment 1 would have required pharmacies to pay the registration fee for the pharmacy technicians and House Floor Amendment 2 would have allowed the sale of emergency contraceptives over-the-counter (OTC) upon approval by Food and Drug Administration (FDA). Because of these two floor amendments, SB 110 was left on the House Floor.
SB 65 (sponsored by Senator Gary Tapp) was signed into law by Governor Ernie Fletcher on March 6, 2006. This Bill gives Kentucky advanced registered nurse practitioners (ARNP) authority to prescribe CS. This Bill will go into effect July 12, 2006. ARNPs must first apply for a DEA certificate number and have a separate Collaborative Agreement for Prescriptive Authority for Controlled Substances (CAPA-CS) with a physician before prescribing any CS. This agreement must be a separate written agreement from the Collaborative Agreement for Prescriptive Authority for Non-Controlled Substances (CAPA-NS).
Following are the CS prescribing requirements:
- Schedule II – 72-hour supply with no refills;
- Schedule III – 30-day supply with no refills; and
- Schedule IV-V – 30-day supply with up to six months of refills.
ARNPs certified in psychological and/or mental health may prescribe Schedule II psychostimulants for a 30-day supply if they work in a mental health clinic or hospital, but not in private practice. This rule applies only to psychostimulants and only to ARNPs certified in psych/mental health. If an ARNP works in a psych/mental setting, but is not certified in psych/mental health, they may only prescribe a 72-hour supply.
If you are presented a prescription from an ARNP that is licensed outside the state of Kentucky, you must follow the above as it pertains to dispensing CS by Kentucky ARNPs.
ARNPs still cannot dispense non-controlled or controlled substances. They may only dispense non-controlled samples.
