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Erin Whaley

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Health care clients turn to Erin Whaley to handle regulatory, operational and corporate matters and guide them in the investigation and resolution of compliance issues. Her deep knowledge of the health care landscape, coupled with practical, business-oriented advice, gives her clients an advantage when navigating the complex regulatory environment.

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What Happened

On November 12, the Kentucky Attorney General (AG) issued a formal opinion, concluding that the Kentucky Board of Pharmacy lacks the authority to regulate nonresident pharmacists beyond what is specified in KRS Chapter 315. The board cannot mandate Kentucky licensure for nonresident pharmacists, except for the pharmacist-in-charge per KRS 315.0351(1)(g). Therefore, the board’s proposed amendment to 201 KAR 2:030, which would require all out-of-state pharmacists filling prescriptions for Kentucky residents to be licensed in Kentucky, exceeds the board’s statutory authority.