315.040 Exceptions to chapter

315.040 Exceptions to chapter.

(1) Nothing in this chapter shall be construed to prevent, restrict, or otherwise interfere

with the sale of nonprescription drugs in their original packages by any retailer. No

rule or regulation shall be adopted by the Board of Pharmacy under this chapter

which shall require the sale of nonprescription drugs by a licensed pharmacist or

under the supervision of a licensed pharmacist.

(2) Nothing in this chapter shall interfere with the professional activities of any licensed

practicing physician, or prevent the physician from keeping any drug or medicine

that he or she may need in his or her practice, from compounding the physician's

own medications, or from dispensing or supplying to patients any article that seems

proper to the physician.

(3) Nothing in this chapter pertaining to the use of collaborative care agreements shall

apply in any hospital or other health facility operated by a hospital without the

express written permission of the hospital's governing body. Collaborative care

agreements may be restricted by the policies and procedures of the facility.

(4) Nothing in this chapter shall interfere with the activities of a physician assistant as

authorized in KRS Chapter 311.

(5) Nothing in this chapter shall interfere with the activities of an advanced practice

registered nurse as authorized in KRS Chapter 314.

(6) Nothing in this chapter shall be construed to prevent, restrict, or otherwise interfere

with the sale or distribution of dialysate solutions as defined in KRS 315.0351 or

devices necessary to perform home peritoneal dialysis to patients with end-stage

renal disease, provided that the requirements established in KRS 315.0351(2) are

satisfied. No rule or administrative regulation shall be adopted or promulgated by

the board under this chapter that requires the sale or distribution of dialysate

solutions as defined in KRS 315.0351 or devices necessary to perform home

peritoneal dialysis by a licensed pharmacist or under the supervision of a licensed

pharmacist.