# KRS § 315.040: 315.040 Exceptions to chapter > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.040 ## Section - **Citation:** KRS § 315.040 - **Heading:** 315.040 Exceptions to chapter - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title XXVI / Chapter 315 / Section 315.040 ## Text 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. ## Nearby sections - [KRS § 315.002 315.002 Declarations of public policy -- Construction of chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.002.md) - [KRS § 315.005 315.005 Purpose of chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.005.md) - [KRS § 315.010 315.010 Definitions for chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.010.md) - [KRS § 315.020 315.020 Only pharmacists to supervise manufacturing of pharmaceuticals or practice pharmacy -- Exceptions -- Access to pharmacy electronic database allowed under specific conditions -- Persons employed to assist practice of pharmacy after April 1, 2009, to be registered pharmacy technicians or exempt under KRS 315.135](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.020.md) - [KRS § 315.030 315.030 Permit required -- License required to represent oneself as pharmacist -- Registration required to represent oneself as pharmacy technician](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.030.md) - [KRS § 315.035 315.035 Permit required for operation of a pharmacy -- Application -- Fee -- Issuance -- Fee for failure to renew -- Premises covered by permit -- Rules and regulations -- Requirements for in-state pharmacy doing business through the Internet -- Board may waive permit requirements for out-of-state pharmacy -- Temporary operation of pharmacy during state of emergency](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.035.md) - [KRS § 315.036 315.036 Permit to be acquired by manufacturer -- Fee -- Records required -- Report -- Exception](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.036.md) - [KRS § 315.038 315.038 Definitions for section -- Ambulatory pharmacies -- Reporting requirements -- Data to be shared with commissioner of insurance -- Contract with third-party to collect or process data](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.038.md) - [KRS § 315.040 315.040 Exceptions to chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.040.md) - [KRS § 315.050 315.050 Qualifications of applicant for licensure -- Examination -- Standards for internship -- Certificate of internship](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.050.md) - [KRS § 315.060 315.060 Examination fee](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.060.md) - [KRS § 315.065 315.065 Continuing education requirements](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.065.md) - [KRS § 315.110 315.110 License expiration date -- Renewal fee -- Application and requirements -- Certificate -- Display -- Pocket certificate](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.110.md) - [KRS § 315.115 315.115 Renewal fees suspended for persons in Armed Forces](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.115.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVI_C315_S315.040. 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