Could a Kentucky pharmacy fill a Tennessee physician’s prescription if the doctor lacked a Kentucky license?

Plain-English summary

Kentucky’s Board of Pharmacy asked about prescriptions for amphetamine-like drugs written by Tennessee physicians whose prescribing might violate Tennessee regulations. The Attorney General said in 1992 that Kentucky pharmacies could fill prescriptions only from practitioners licensed to prescribe under Kentucky law. A Tennessee physician lacking Kentucky licensure did not qualify, regardless of compliance with Tennessee rules. A physician licensed in both states could have a prescription filled in Kentucky if it complied with Kentucky law, even if it violated Tennessee rules. The AG declined to decide whether the physician’s conduct violated Tennessee law.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Kentucky pharmacies reviewing the prescriber

The AG read “licensed practitioner” in the Kentucky pharmacy statute to mean a person licensed under Kentucky law and permitted to prescribe under that law. It drew support from the Kentucky definitions of practitioner in KRS 217.015(23) and KRS 218A.010(16). The opinion’s first answer turned on Kentucky licensure and compliance with Kentucky law.

Tennessee physicians and Tennessee rules

A Tennessee physician without Kentucky licensure did not meet the AG’s stated Kentucky prescriber requirement. For a physician licensed in both states, the AG treated Kentucky-law compliance as the relevant condition for a Kentucky pharmacy. It expressly left the separate Tennessee regulatory question to Tennessee authorities.

Common questions

Could a Kentucky pharmacy fill a prescription from a doctor licensed only in Tennessee?

The 1992 AG said no, because it interpreted Kentucky’s prescription law to require a practitioner licensed under Kentucky law.

What if the Tennessee doctor also held a Kentucky license?

The AG said a Kentucky pharmacy could fill the prescription if it complied with Kentucky law, regardless of whether Tennessee regulations prohibited the Tennessee prescribing act.

Did the AG rule on whether the physician broke Tennessee regulations?

No. It declined to give an opinion on another state’s law and directed that question to Tennessee’s Attorney General.

Background and statutory framework

The opinion construed “prescription” in KRS 315.010(11) and drew on the definitions in KRS 217.015(23) and KRS 218A.010(16) to interpret who could prescribe for dispensing by a Kentucky pharmacy. It addressed the Kentucky dispensing question but declined the requested Tennessee-law determination.

Citations and references

• KRS 315.010(11): prescription definition at issue.
• KRS 217.015(23): Kentucky practitioner definition quoted by the AG.
• KRS 218A.010(16): controlled-substance practitioner definition quoted by the AG.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_9607735f-2bc8-4fbb-9461-654d427676ad/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_9607735f-2bc8-4fbb-9461-654d427676ad

Original opinion text

OAG 92-28
February 24, 1992

Richard L. Ross, R.Ph.
Executive Director
Kentucky Board of Pharmacy
1228 U.S. 127 South
Frankfort, Kentucky 40601-4330
Dear Mr. Ross:
You have presented the following questions to the Attorney General:

1. Whether it would be legal for a Kentucky pharmacy to
   fill a prescription written by a Tennessee physician for amphetamine or amphetamine-like substances, when the prescribing of the medication by the Tennessee physician constitutes a violation of Tennessee’s Medical Board Regulations; and
2. Whether a physician licensed and practicing in
   Tennessee, who is also licensed as a physician in Kentucky, would be in violation of Tennessee’s Medical Board Regulations if he prescribes medication for a Kentucky resident when such prescription, if written for a Tennessee resident, would constitute a violation of Tennessee’s Medical Board Regulations. KRS 315.010(11) defines prescription as “ . . . an original order from a licensed practitioner for drugs, devices or treatment for a human or animal.” However, KRS Chapter 315 does not provide a definition for “licensed practitioner.” It is the opinion of this office that “licensed practitioner” means one who is licensed under the laws of the Commonwealth of Kentucky and who is permitted to prescribe by those laws. In support of this, KRS 217.015(23) provides “The term ‘practitioner’ means medical or osteopathic physicians, dentists, chiropodists, and veterinarians who are licensed under the professional licensing laws of Kentucky to prescribe and administer drugs and devices; . . .” and KRS 218A.010(16) provides “ ‘Practitioner’ means a

Richard L. Ross, R.Ph.
Page 2
OAG 92-28
physician . . . or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.” Therefore, in answer to your first question, Kentucky pharmacies may only fill prescriptions which are written by practitioners licensed under Kentucky law; and a prescription written by a Tennessee physician who is not licensed to practice in Kentucky may not be filled by a Kentucky pharmacy, whether said prescription complies with Tennessee’s Medical Board Regulations or not. However, a Kentucky pharmacy may fill a prescription written by a Tennessee physician who is also licensed to practice under the laws of Kentucky so long as such prescription is in compliance with Kentucky law, and regardless of whether the prescription violates Tennessee law. As to your second question, you have asked for an opinion with regard to the laws of Tennessee. This office respectfully declines to opine on the laws of another state. This question should be addressed to the Office of the Attorney General of the State of Tennessee. Sincerely, CHRIS GORMAN ATTORNEY GENERAL

Conley C. Congleton
Assistant Attorney General
CCC:reb