Request By:
Richard L. Ross, R.Ph.
Executive Director
Kentucky Board of Pharmacy
1228 U.S. 127 South
Frankfort, Kentucky 40601-4330
Opinion
Opinion By: Chris Gorman, Attorney General; Conley C. Congleton, Assistant Attorney General
You have presented the following questions to the Attorney General:
1. Whether it would be legal for a Kentucky pharmacy to fill a prescription written by a Tennessee physician for amphetamine or amphetamine-like substances, when the prescribing of the medication by the Tennessee physician constitutes a violation of Tennessee's Medical Board Regulations; and
2. Whether a physician licensed and practicing in Tennessee, who is also licensed as a physician in Kentucky, would be in violation of Tennessee's Medical Board Regulations if he prescribes medication for a Kentucky resident when such prescription, if written for a Tennessee resident, would constitute a violation of Tennessee's Medical Board Regulations.
KRS 315.010(11) defines prescription as ". . . an original order from a licensed practitioner for drugs, devices or treatment for a human or animal." However, KRS Chapter 315 does not provide a definition for "licensed practitioner. " It is the opinion of this office that "licensed practitioner" means one who is licensed under the laws of the Commonwealth of Kentucky and who is permitted to prescribe by those laws. In support of this, KRS 217.015(23) provides "The term 'practitioner' means medical or osteopathic physicians, dentists, chiropodists, and veterinarians who are licensed under the professional licensing laws of Kentucky to prescribe and administer drugs and devices; . . ." and KRS 218A.010(16) provides" 'Practitioner' means a physician . . . or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state." Therefore, in answer to your first question, Kentucky pharmacies may only fill prescriptions which are written by practitioners licensed under Kentucky law; and a prescription written by a Tennessee physician who is not licensed to practice in Kentucky may not be filled by a Kentucky pharmacy, whether said prescription complies with Tennessee's Medical Board Regulations or not. However, a Kentucky pharmacy may fill a prescription written by a Tennessee physician who is also licensed to practice under the laws of Kentucky so long as such prescription is in compliance with Kentucky law, and regardless of whether the prescription violates Tennessee law.
As to your second question, you have asked for an opinion with regard to the laws of Tennessee. This office respectfully declines to opine on the laws of another state. This question should be addressed to the Office of the Attorney General of the State of Tennessee.