Request By:
J. A. Logan, III, M.D.
Imperial Building
110 Third Street
Henderson, Kentucky 42420
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter which asks if a hospital nursing supervisor may, during the time the hospital pharmacy and all local pharmacies are closed:
1. Fill physician medication orders for hospital inpatients from the open pharmacy stock, or from the Brewer Machine?
2. Fill physician medication orders phoned to her by a private physician from either the open pharmacy stock or the Brewer machine for outpatients who are not seen in the Emergency Room?
3. Fill physician orders from the open pharmacy stock or the Brewer Machine given by the full time ER physician for outpatients who are not seen in the Emergency Room?
To begin with, only registered pharmacists may "fill" physician medication orders. See KRS 315.020(1). A hospital nursing supervisor who "fills" prescriptions, does so in violation of the law and may be subject to the penalties provided by KRS 315.990(1).
As an additional matter, any hospital employee who enters a closed pharmacy during those hours when a pharmacist is not present, does so in violation of Board of Pharmacy Regulation 201 KAR 2:100, Section 1.
In answer to your questions, then, it is the opinion of this office that a nursing supervisor may do no more than obtain from a Brewer Machine or other special cabinet, medication that has been pre-filled and placed there by a registered pharmacist. A nursing supervisor may not fill any prescriptions and may not enter the closed pharmacy.
It is hoped that this has adequately answered your questions. Enclosed is a copy of OAG 76-16 which also deals with the questions raised by your letter.