SB 174

UNOFFICIAL COPY  26 RS BR 1814
1AN ACT relating to the supervision of pharmacy technicians.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 315.020 is amended to read as follows:
4 (1)    An[No] owner of a pharmacy who is not a pharmacist shall [fail to ]place a
5pharmacist in charge of his or her pharmacy and[or] shall not permit any person to
6compound or dispense prescription drugs, medicines, or pharmaceuticals in his or
7her place of business except in the presence and under the immediate supervision of
8a pharmacist.
9 (2)    A[No] manufacturer of pharmaceuticals who is not a pharmacist shall [fail to ]place
10a pharmacist in charge of his or her place of business and[or] shall not permit any
11person to compound prescription drugs, medicines, or pharmaceuticals in his or her
12place of business, except as provided by the board through the promulgation of
13administrative regulations pursuant to KRS Chapter 13A.
14 (3)    Except as provided in subsection (4) of this section, a[no] person shall not engage
15in the practice of pharmacy unless licensed to practice under the provisions of KRS
16Chapter 315.
17 (4)    The provisions of subsection (3) of this section shall not apply to:
18(a)     Pharmacist interns performing professional practice activities under the
19immediate supervision of a licensed pharmacist. The nature and scope of the
20activities referred to in this paragraph shall be determined by the board
21through administrative regulation promulgated pursuant to KRS Chapter 13A;
22(b)     Pharmacist interns and pharmacy technicians performing specifically
23identified pharmacy practice activities while under the supervision of a
24pharmacist. The nature and scope of the activities referred to in this paragraph
25shall be determined by the board through administrative regulation
26promulgated pursuant to KRS Chapter 13A;
27(c)     Other licensed health care professionals practicing within the statutory scope
  Page 1 of 3
 XXXX 2/10/2026 1:19 PM  Jacketed
 UNOFFICIAL COPY  26 RS BR 1814
1of their professional practices; or
2(d)     Volunteer health practitioners providing services under KRS 39A.350 to
339A.366.
4 (5)    (a)     As used in this subsection:
51.        "Order entry" means the process by which pharmacy personnel validate
6prescription data and enter that data into a pharmacy's dispensing or
7medication management system. Prescription data includes but is not
8limited to patient demographics, prescriber demographics, drug name,
9strength, dosage form, quantity, the directions for use, refill
10authorization, or any clarifications of the same; and
112.        "Order entry verification" means the process by which a pharmacist
12verifies prescription data entered in a pharmacy's dispensing or
13medication management system after order entry has been completed.
14(b)     Nothing in this chapter shall prohibit a pharmacist licensed in Kentucky, or a
15pharmacy technician registered in Kentucky or a pharmacy intern certified in
16Kentucky who is working under the supervision of the pharmacist, from
17accessing the electronic database of the pharmacy, from inside or outside of
18the pharmacy, to perform order entry, order entry verification, or drug
19regimen review as defined in KRS 315.010, if:
201.        The pharmacy has established controls to protect the confidentiality and
21integrity of protected health information;
222.        No part of the pharmacy's database is duplicated, downloaded, or
23removed from the electronic database; and
243.        The pharmacy is located in Kentucky and is permitted by the board.
25(c)     Supervision required by paragraph (b) of this subsection may include
26electronic supervision.
27(d)     This subsection shall only apply to:
  Page 2 of 3
 XXXX 2/10/2026 1:19 PM  Jacketed
 UNOFFICIAL COPY  26 RS BR 1814
11.        Pharmacies that are not open to the public and do not dispense to walk-
2in patients in a retail setting; or
32.        Hospitals licensed under KRS Chapter 216B.
4(e)     Nothing in this subsection shall be construed to authorize final product
5verification and dispensing of a prescription from a location outside of or
6other than a pharmacy.
7(f)     Nothing in this subsection permits pharmacists, pharmacy technicians, or
8pharmacy interns to receive hard copy prescriptions outside of the premises of
9a permitted pharmacy.
10(g)     The board shall not require the immediate supervision by a pharmacist of a
11pharmacist technician engaging in the stocking, retrieving, or returning of
12product to or from the pharmacy inventory, including the stocking and
13loading of an automated filling or dispensing system with the use of barcode
14technology, under this subsection.
15 (6)    Effective April 1, 2009, an owner of a pharmacy shall not employ a person to assist
16in the practice of pharmacy unless the person is registered as a pharmacy technician
17by the board or exempt under KRS 315.135.
  Page 3 of 3
 XXXX 2/10/2026 1:19 PM  Jacketed