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Kentucky
Board of Pharmacy

Facilities FAQ

Prescription records must be kept for five years. An original prescription and record of each refill, if received written or oral, should be kept as a hard copy for three years, at which point it must be kept for at least an additional two years in either hard copy form or electronically. An original prescription and record of each refill, if received via fax, may be kept in hard copy form, the original electronic image, or electronically for three years, at which point it must be kept for at least an additional two years in either hard copy form, the original electronic image, or electronically. An original prescription and record of each refill, if e-prescribed, should be kept electronically for at least five years.         

A record of the day's prescription data should be verified, dated, and signed by the pharmacist(s) who filled the prescriptions.  This record must be kept for at least 5 years and can be done electronically, manually, or in a log. The record should be readily retrievable. Controlled substance data should be identifiable apart from other items appearing in the record. Note: These are the state requirements, insurance contracts and Medicare may have more stringent requirements. ​

201 KAR 2:171​

Controlled substance inventory records including invoices must be kept for five years. KRS 218A.200​

Permission to store records off-site must be requested and approved by the Board; requests should describe detailed storage conditions and security.​​​

A pharmacy is allowed to wholesale distribute prescription medications in a limited quantity, not to exceed 5% of the total inventory. These transactions must be documented in an invoice, similar to what the pharmacy receives from their wholesale distributer. Information to be documented includes the recipient, date, quantity, itemized description and any other information pertinent to the transaction. Please file transaction information with other invoices.  KRS 315.400​​

Immediately following the robbery or discovery of the theft, report the incident to a law enforcement agency serving the geographic area in which the pharmacy is located.  If a pharmacy has mailed or shipped a controlled substance to a location in Kentucky and learns that the mailing or shipment did not arrive, that pharmacy shall report the nonreceipt to the Kentucky State Police and, if applicable, the US Postal Inspection Service. The PIC should file reports with the following:  DEA via Form 106; the Drug Enforcement and Professional Practices Branch and the Board of Pharmacy shall receive a copy of the completed DEA Form 106.  KRS 315.335​​

​A temporary closure means a pharmacy whose hours of operation have deviated over a period of two (2) consecutive days, five (5) aggregate working days within a fourteen (14) day period or nine (9) aggregate working days within a thirty (30) day period from those of record at the Board of Pharmacy office for a reason other than a federal holiday, permanent voluntary closure or involuntary closure.

201 KAR 2:106 ​

  1. Update pharmacy hours via Licensure Gateway Portal to ensure pharmacy hours are accurately reflected on License Verification. 
  2. A pharmacy permit holder shall immediately notify the Board of Pharmacy in writing of the following:               a. reason for the closure, the anticipated date of reopening, and the plan to provide emergency patient assistance and access to medication throughout the period of closure.                                                             b. arrangements necessary to provide adequate and continued security and control of all prescription drugs and drug-related devices and records maintained by the licensee or permit holder. 
  3. At the time the pharmacy permit holder notifies the Board of Pharmacy of the temporary closure, the pharmacy shall place patient-facing signage on all pharmacy entrances and drive through windows providing up to date notification of the closure. The signage shall include notification of the closest, open pharmacy, regardless of ownership, that can assist patients immediately as well as anticipated date and time of reopening. 
  4. The pharmacy permit holder shall update their phone message to include notice of the closure, and if the pharmacy has a website, the website shall also indicate the closure. The phone message and the website shall include a method to speak with an on-call pharmacist during regular operating hours on file with the Board of Pharmacy. 
  5. The pharmacy permit holder shall have a pharmacist onsite or remotely if a common database is utilized and readily available during the posted pharmacy hours for the purpose of transferring prescription record(s) or reversing adjudicated claim(s) to a third-party payer during the time of the temporary closure. 
  6. The pharmacy permit holder shall make a reasonable effort to notify prescribers of the temporary closure and time and date of anticipated reopening.

​201 KAR 2:106

An Automated Data Processing System in a pharmacy is the computer software and hardware that the pharmacy uses for the purpose of prescription processing and record keeping.


201 KAR 2:171 Computerized Record Keeping

201 KAR 2:171 Section 1 (9) An auxiliary recordkeeping system shall be established for the documentation of refills if the automated data processing system is inoperative for any reason. The auxiliary system shall ensure that all refills are authorized by the original prescription order and that the maximum number of refills is not exceeded. If the automated data processing system is restored to operation, the information regarding prescriptions filled and refilled during the inoperative period shall be entered into the automated data processing system within seventy-two (72) hours.

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The PIC of a Medical Gas Permit is required to perform quarterly inspections of the permitted facility. The inspection shall include a review of the permit’s records, sanitation, and security and control. 201 KAR 2:225​

If a licensee or permit holder wants to change location a change of address form needs to be submitted to the Board via the Licensure Gateway. Once the application is processed the permit holder will need to contact the inspector for the area. The new location will be inspected and approved prior to authorizing the change in address. Disciplinary action may result in relocation without proper notification and authorization.​​

"Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, within the Commonwealth engaged in the commercial production, preparation, propagation, compounding, conversion, or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container. Any business engaged in these activities within the Commonwealth is required to be permitted by the Kentucky Board of Pharmacy.  KRS 315.010​​

Any pharmacist licensed by the Kentucky Board of Pharmacy may act as PIC of a Manufacturer Permit. The PIC of a Manufacturer Permit may act as PIC of multiple locations.​

The PIC of a Manufacturer Permit is required to perform quarterly inspections of the permitted facility. The inspection shall include a review of the permit’s records, and security and control. 201 KAR 2:320​

No, only in-state manufacturers are required to obtain a manufacturer permit. An out-of-state manufacturer shipping drugs into Kentucky may be required to obtain a wholesale distributor permit.​​

201 KAR 2:205(3)(g) requires a pharmacy to report any theft or loss to: “1. The U. S. Department of Justice Drug Enforcement Agency as required by 21 C.F.R. 1301.76(b); 2. The Department of the Kentucky State Police as required by KRS 315.335; and 3. The board by providing a copy to the board of each report submitted."

KRS 315.335 

KRS 218A.200(6) a copy of the detailed list of controlled substances lost, destroyed, or stolen shall be forwarded to Cabinet for Health and Family Services as soon as practical.

Please send a copy of your DEA 106 or other reporting form for the loss/theft to:
CHFS: eKASPER.ADMIN@ky.govor fax to 502-564-7568
BOP: pharmacy.board@ky.govor fax to 502-696-3806​

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