(1) Nonprescription medicinal preparations that contain in one hundred (100) milliliters, or as a solid or semisolid preparation, in one hundred (100) grams, not more than two hundred (200) milligrams of codeine or its salts may be sold over the counter subject to the following conditions:
(a) That the medicinal preparation shall contain in addition to the codeine in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the codeine alone;

Terms Used In Kentucky Statutes 218A.190

  • Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218A.010
  • Drug: means : (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Kentucky Statutes 218A.010
  • In-person: includes telehealth examinations. See Kentucky Statutes 218A.010
  • Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
  • Pharmacist: means a natural person licensed by this state to engage in the practice of the profession of pharmacy. See Kentucky Statutes 218A.010
  • Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320. See Kentucky Statutes 218A.010
  • Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010

(b) That such preparation shall be dispensed or sold in good faith as a medicine, and not for the purpose of evading the provisions of this chapter;
(c) That such preparation shall only be sold at retail without a prescription to a person at least eighteen (18) years of age and only by a pharmacist. An employee may complete the actual cash or credit transaction or delivery;
(d) That such preparations shall not be displayed in areas of the pharmacy open to the public; and
(e) That no person shall purchase and no pharmacist or practitioner shall sell to the same person within a forty-eight (48) hour period more than one hundred twenty (120) milliliters of an exempt codeine preparation. Any person purchasing in excess of this limitation shall be deemed to be in illegal possession.
(2) All wholesalers, manufacturers, and repackers shall keep a separate exempt codeine registry showing the following:
(a) Date;
(b) Registration number of recipient; (c) Name of recipient;
(d) Address;
(e) Name of preparation; and
(f) Quantity.
(3) All pharmacists and practitioners shall keep a separate exempt codeine registry showing the following:
(a) Date;
(b) Name of recipient; (c) Address;
(d) Name of preparation; (e) Quantity; and
(f) Pharmacist‘s or practitioner’s name.
(4) Notwithstanding any other provision of this section, the Cabinet for Health and Family Services may by regulation specifically prohibit any such codeine preparation from being sold over the counter due to actual or potential abuse.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 541, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 484, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1972 Ky. Acts ch. 226, sec. 20.