Kentucky Regulations

Kentucky State Regulatory Update April 2019

HB470 - Amend KRS 217.186 to allow a pharmacist to dispense naloxone to a person or agency who provides training on the use of naloxone as a part of a harm reduction program.

SB54 - Create a new section of subtitle 17A of KRS Chapter 304 to require an insurer develop processes for electronic prior authorizations; to establish an extended length of authorization under certain circumstances; amend KRS 304.17A-607 to require that decisions relating to utilization reviews are conducted by physicians of the same specialty as the ordering provider; to establish a time frame for providing utilization decisions; to allow for electronic format of certain required notices; to establish that an insurer's failure to respond within set time frames shall be deemed a prior authorization; EFFECTIVE January 1, 2020.

HB342 - Create a new section of KRS Chapter 218A to require that all prescriptions for controlled substances be submitted electronically except for certain conditions; EFFECTIVE January 1, 2021.

HB64 - Amend KRS 217.215 to permit pharmacists to dispense a prescription refill in an amount equal to the standard unit of dispensing for the drug without authorization by the prescribing practitioner in emergency situations in which such authorization may not be readily or easily obtained; require the Board of Pharmacy to promulgate administrative regulations to carry out these provisions.

What does this mean for pharmacists practicing in the state of Kentucky?

  • Pharmacists now have a broader allowance for the dispensing of naloxone, to include outside agencies. Ensure that recordkeeping procedures reflect this new allowance and that staff are appropriately trained.
  • New electronic requirements have been established around electronic prior authorizations and electronic prescribing; train all staff on these new rules and include in all SOPs.
  • Pharmacists can now provide patients with an emergency supply of medication in emergency circumstances to avoid an interruption of a patient's therapy. Use professional judgement and ensure that proper recordkeeping is completed.

Kentucky State Regulatory Summary- 2018

The following bills were passed during the 2018 legislative session and can be found in detail at theKentucky Pharmacy Association .

SB 6: Safe disposal of controlled substances.

A pharmacist or a pharmacist's designee shall inform persons who receive a prescription for a controlled substance that contains an opioid, benzodiazepine, a barbiturate, codeine, or an amphetamine, about the importance of proper and safe disposal of unused, unwanted, or expired prescription drugs either verbally, in writing, or posted signage.

Upon dispensing of any prescription that contains any opioid, benzodiazepine, a barbiturate, codeine, or an amphetamine, a pharmacist or a pharmacist's designee may:

  • Make available for purchase, or at no charge distribute, a nontoxic composition for the sequestration, deactivation, destruction, and disposal of any unused, unwanted, or expired prescription; or,
  • Provide an on-site, safe, and secure medicine disposal receptacle or kiosk for the safe disposal of any unused, unwanted, or expired prescription.

HB 463: Pharmacy Benefits

A pharmacy benefit manager shall not:

  • Require an insured purchasing a prescription drug to pay a cost-sharing amount greater than the amount the insured would pay for the drug if he or she were to purchase the drug without coverage under a health benefit plan;
  • Prohibit a pharmacy from discussing any pricing information, and
  • Impose a penalty on a pharmacy for complying.
  • A pharmacist shall have the right to provide an insured information regarding the applicable limitations on his or her cost-sharing pursuant to this section for a prescription drug.

What do these new regulations mean for pharmacists practicing within the state of Kentucky?

  • Pharmacists must ensure that the dispensing and counseling processes include informing the patient or patient's representative of proper disposal of qualifying medications.
  • Pharmacists are urged to consider providing a nontoxic product that the patient can use for safe medication disposal or provide a kiosk in their pharmacy as a safe disposal option.
  • Pharmacists can now provide pricing information and cost-effective alternatives to patients without potential retaliation from payer groups. This provides pharmacists with another opportunity to improve patient adherence and ensure that patients take their medication according to schedule, resulting in more improved patient outcomes.

For full regulatory language, refer to the Kentucky Board of Pharmacy.

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