Kansas Administrative Code

Security. Each premises for which a pharmacy registration is issued, except medi- cal care facilities, shall be constructed so that the pharmacy can be secured to prevent access to prescription-only drugs when a pharmacist is not on duty. (Authorized by K.S.A. 65-1630; imple- men…

(Authorized by K.S.A. 65-1630; ef- fective Jan. 1, 1966; amended, E-76-31, Aug. 11, 1975; amended May 1, 1976; amended May 1, 1978; revoked May 1, 1983.)

Minimum requirements for li- brary, equipment, and supplies. (a) Each reg- istered pharmacy, other than a medical care facil- ity pharmacy, shall have a reference library, either immediately accessed by a computer or printed, that is updated at least annually and that includes th…

(Authorized by K.S.A. 1975 Supp. 65-1630; effective Jan. 1, 1966; revoked, E-76-31, Aug. 11, 1975; revoked May 1, 1976.)

(Authorized by K.S.A. 1975 Supp. 65-1630; effective Jan. 1, 1966; amended, E-76- 31, Aug. 11, 1975; amended May 1, 1976; revoked May 1, 1987.)

Nametags. (a) The following in- dividuals shall wear a visible nametag under the following conditions: (1) Each pharmacist, pharmacy student, and in- tern, while performing pharmacist functions in a pharmacy; and (2)eachpharmacytechnician,whileperforming pharmacy technician funct…

Branches, agents and pickup stations. No pharmacy nor pharmacist shall have, participate in, or permit an arrangement, branch, connection or affiliation whereby prescriptions are solicited, accepted, collected, or picked up, or advertised to be such, from or at any location other…

(Authorized by K.S.A. 1975 Supp. 65-1630; effective Jan. 1, 1966; amended, E-76- 31, Aug. 11, 1975; revoked May 1, 1976.) 826 BOARD OF PHARMACY 68-2-18

(Authorized by K.S.A. 65-1630; ef- fective Jan. 1, 1966; revoked May 1, 1987.)

Prescription copies. (A) No regis- tered pharmacist shall fill, and no pharmacy shall permit the filling of, a copy of a prescription. (B) Every reference copy of a prescription shall bear the following legend—”This prescription copy is issued for reference only.” (Authorized by …

Pharmacist’s function in filling a prescription. (a) As used in this regulation, the following terms shall have the meanings specified in this subsection: (1) “Authorized prescriber” shall mean a “prac- titioner” as defined by K.S.A. 65-1626(gg) and amendments thereto, a “mid-lev…

(Authorized by K.S.A. 65-1630; im- plementing K.S.A. 1984 Supp. 65-1642; effective May 1, 1986; revoked May 1, 1987.)

Electronic transmission of a pre- scription. (a) Each prescription drug order trans- mittedelectronicallyshallbeissuedforalegitimate medical purpose by a prescriber acting within the course of legitimate professional practice. (b) Each prescription drug order communicat- ed by wa…

Notification to board; disci- plinary action. Each pharmacy owner shall no- tify the board in writing within 30 days of any de- nial, limitation, suspension, revocation, voluntary surrender, or other disciplinary action taken by the state of Kansas or another jurisdiction against…

Pharmacist-in-charge; notice to board. Each pharmacist shall submit to the board, on a form provided by the board, notice of ceasing to serve as the pharmacist-in-charge at a pharmacy or registrant required to have a pharmacist-in-charge no later than five days after ceasing to s…

Change of ownership; duty of registrant to notify board. Each registrant shall notify the executive secretary of the board in writing of any change in majority ownership of the operation for which the registration was issued within five days after the date the change in ownership…

Definitions. The following terms in this regulation shall have the meanings speci- fied: (a) “Act” means the uniform controlled sub- stances act of Kansas, K.S.A. 65-4101, et seq., and amendments thereto; (b) “Basic class” means, as to controlled sub- stances listed in schedules …

Requirements of registration. (a) Persons required to register. Every person who manufactures, distributes, or dispenses any con- trolled substances within this state, or who pro- poses to engage in the manufacture, distribution, or dispensing of any controlled substance in this …

Applications for registration. (a) The expiration date of all registrations shall be the last day of June in each year. (b) Each application for the following types of registration shall include the controlled substanc- es code number for each basic class or substance to be cover…

(Authorized by K.S.A. 65-4116, 65-4117, 65-4118, 65-4119; effective, E-72-24, Aug. 25, 1972; effective Jan. 1, 1973; revoked May 1, 1987.)

Hearings generally. In any case where the board shall hold a hearing on any reg- istration or application therefor, the procedures for such hearing shall be conducted in accordance with the procedural provisions of the act and para- graph 68-20-13 of these regulations. Any hearin…

Modification, transfer and ter- mination of registration. (A) Modification in registration—Any registrant may apply to mod- ify his registration to authorize the handling of additional controlled substances by submitting a letter of request to the state board of pharmacy. The let…

(Authorized by K.S.A. 1976 Supp. 65-4115; effective, E-72-24, Aug. 25, 1972; effec- tive Jan. 1, 1973; amended, E-77-42, Sept. 9, 1976; amended Feb. 15, 1977; revoked May 1, 1983.)

Security requirements. (a) General security requirements. Each applicant and registrant shall provide effective controls and pro- cedures to guard against theft and diversion of con- trolledsubstancesinconformancewiththesecurity requirements of federal law, including the require-…

Notification to board; sus- pected diversion, theft, or loss of controlled substances. Either the pharmacist-in-charge or the pharmacy owner shall notify the board in writing within one day of any suspected diversion, theft, or loss of any controlled substance and, upon completio…

Records and inventories of registrants. (a) Except as provided in this regula- 881 Controlled Substances 68-20-18 tion, each registrant shall keep records and main- tain inventories in conformance with the record- keeping and inventory requirements of 21 CFR 1304.04(g) and (h), i…

Order forms. Each transfer of any schedule I or II controlled substance shall re- quire the use of a drug enforcement agency (DEA) 222 form issued by the United States attorney gen- eral in accordance with 21 CFR part 1305 or an electronic order placed in accordance with 21 CFR p…

Information concerning pre- scriptions. (a) Persons entitled to issue prescrip- tions. A prescription for a controlled substance may be issued only by a practitioner or mid-level practitioner who meets the following conditions: (1) Is legally authorized to prescribe controlled su…

(c) Any physician assistant may directly admin- ister a prescription-only drug as follows: (1) If directly ordered or authorized by the supervising physician or substitute supervising physician; (2) if authorized by a written agreement be- tween the supervising physician and the …

Controlled substances listed in schedules III and IV. (a) Requirements of pre- scription. (1) A pharmacist may dispense any controlled substance listed in schedule III, IV, or V that is a prescription drug as determined under the fed- eral food, drug, and cosmetic act, pursuant o…

Controlled substances listed in schedule V. Requirements of prescriptions. (a) A pharmacist may dispense a controlled sub- stance listed in schedule V pursuant to a prescrip- tion as required for controlled substances listed in schedules III and IV in K.A.R. 68-20-20 in this ar- …

Dispensing without prescrip- tion. A controlled substance listed in schedule V and a controlled substance listed in schedule II, III or IV which is not a prescription drug as deter- mined under the federal food, drug, and cosmetic act, may be dispensed by a pharmacist without a p…

N-Benzylpiperazine included in schedule I. N-Benzylpiperazine (BZP), in- cluding its salts, isomers, and salts of isomers, shall be classified as a schedule I controlled sub- stance. (Authorized by and implementing K.S.A. 65-4102; effective, T-68-11-6-08, Nov. 6, 2008, effective …

2,5-dimethoxy-4-methyl-n-(2- methoxybenzyl)phenethylamine included in schedule I. 2,5-dimethoxy-4-methyl-n-(2- methoxybenzyl)phenethylamine, including its salts, isomers, and salts of isomers, shall be clas- sified as a schedule I controlled substance. (Au- thorized by and implem…

(Authorized by K.S.A. 1977 Supp. 65-4115; effective, E-72-24, Aug. 25, 1972; effec- tive Jan. 1, 1973; revoked May 1, 1983.)

(Authorized by K.S.A. 1977 Supp. 65-4115; effective, E-72-24, Aug. 25, 1972; ef- fective Jan. 1, 1973; amended, E-77-42, Sept. 9, 1976; amended Feb. 15, 1977; amended May 1, 1978; revoked May 1, 1983.)

(Authorized by K.S.A. 65-4102; ef- fective, E-72-24, Aug. 25, 1972; effective Jan. 1, 1973; revoked May 1, 1983.)

(Authorized by K.S.A. 1976 Supp. 65-4102; effective, E-72-24, Aug. 25, 1972; effec- tive Jan. 1, 1973; revoked, E-77-42, Sept. 9, 1976; revoked Feb. 15, 1977.)

(Authorized by K.S.A. 1977 Supp. 65-4115; effective May 1, 1978; revoked May 1, 1983.) 68-20-8b and 68-20-8c. (Authorized by K.S.A. 1976 Supp. 65-4115; effective, E-77-42, Sept. 9, 1976; effective Feb. 15, 1977; rejected, L. 1977, ch. 320, May 13, 1977.)

Fees for registration and rereg- istration. (a) Fee amounts. (1) For each registration or reregistration of a manufacturer for each additional location in this state where controlled substances are manufac- tured, the registrant shall pay a fee of $50.00. (2) For each registratio…

Definitions. As used in these regu- lations, the following terms shall have the mean- ings specified in this regulation: (a) “Authentication” means the provision of in- formation, an electronic device, or a certificate by the board or its designee to a dispenser or pre- scriber t…

Electronic reports. (a)(1) Each dispenser shall file a report with the board for scheduled substances, as defined in K.S.A. 65- 1682(g) and amendments thereto, and any drugs of concern dispensed in this state or to an address in this state. This report shall be submitted with- in…

Waivers for electronic reports. (a) A waiver may be granted by the board to a dis- penser who does not have an automated record- keeping system capable of producing an electron- ic report as specified in K.A.R. 68-21-2(c) if the following conditions are met: (1) The dispenser fil…

Notice of requests for informa- tion. Each dispenser who may access informa- tion maintained by the board on each drug of concern and schedule II through IV drug dis- pensed to one of the dispenser’s patients for the purpose of providing medical or pharmaceutical care shall notif…

Access to information. All re- quests for, uses of, and disclosures of prescription monitoring information by authorized persons shall meet the requirements of K.S.A. 65-1685, and amendments thereto, and this article. (a) By patients or patient’s personal represen- tative. (1) An…

Reciprocal agreements with other states or government entities to share information. (a) Reciprocal agreements with one ormoreofthefollowingentitieswithintheUnited States may be entered into by the board to share program data if the entity’s prescription monitor- ing program is c…

Drugs of concern. (a) Each of the following shall be classified as a drug of concern: (1) Any product containing all three of these drugs: butalbital, acetaminophen, and caffeine; (2) any compound, mixture, or preparation that contains any detectable quantity of ephedrine, its sa…

Definitions. (a) “Medical care fa- cility” shall have the meaning provided in K.S.A. 65-1626(w), and amendments thereto. (b) “Pharmacy student” shall have the meaning provided in K.S.A. 65-1626(ee), and amendments thereto, and shall include a pharmacy intern reg- istered with the…

Application for approval to uti- lize electronic supervision. The pharmacist in charge of any medical care facility’s pharmacy lo- cated in Kansas and registered by the board who wants to seek approval for electronic supervision of a pharmacy student or pharmacy technician in tha…

Prior approval and training re- quired. (a) The pharmacist in charge of a medical care facility’s pharmacy shall not permit a phar- macy student or pharmacy technician to be in the pharmacy working under electronic supervision unless the pharmacy has a current approval for electr…