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Kevin represents a wide range of health care providers and related organizations across the U.S., including physicians and nonphysician practitioners, group practices, hospitals and health systems, clinical laboratories, behavioral therapy providers, pharmacies, ambulatory surgery centers, skilled nursing facilities, hospices, home health agencies, medical equipment suppliers, ambulance suppliers, independent diagnostic testing facilities, pharmaceutical and medical device manufacturers, management service organizations, group purchasing organizations, and private equity and other strategic investors.

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.