Chapter 65, PUBLIC HEALTH

65-16,103. Same; no cost charged to pharmacies; funding of program. (a) The cost of establishing and maintaining the statewide electronic logging system shall be borne by the state, other non-state units of government, private entities, or others. Pharmacies shall not be required…

65-16,104. Same; confidential information; authorized access to data in the log. (a) Methamphetamine precursor recording log information submitted to the board shall be confidential and not a public record and not subject to the Kansas open records act, K.S.A. 45-215 et seq., and…

65-16,105. Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report. (a) The board is hereby authorized to contract with another agency of this state or with a private vendor, as necessary, to …

65-16,106. Same; rules and regulations. The board shall adopt, within six months after the effective date of this act, such rules and regulations the board deems necessary to carry out the provisions of this act. History: L. 2009, ch. 131, § 6; July 1.

65-16,107. Same; penalties. (a) A pharmacy that knowingly fails to submit methamphetamine precursor recording log information to the board as required by this act or knowingly submits incorrect log information shall be guilty of a severity level 10, nonperson felony. (b) A person…

65-16,108. Same; short title. K.S.A. 65-16,101 through 65-16,108, and amendments thereto, shall be known and may be cited as the statewide electronic logging system for sale of methamphetamine precursor act. History: L. 2009, ch. 131, § 8; July 1.

65-16,121. Pharmacy audit integrity act. (a) K.S.A. 65-16,121 through 65-16,126, and amendments thereto, shall be known and may be cited as the pharmacy audit integrity act. (b) This section shall take effect on and after July 1, 2011. History: L. 2011, ch. 114, § 1; June 9.

65-16,122. Same; definitions. (a) As used in this act, "pharmacy benefits manager" or "PBM" means a person, business or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in contractual or employment relationship in the …

65-16,123. Same; procedural requirements. (a) The entity conducting the audit shall follow the following procedures: (1) An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit; (2) an audit that involves …

65-16,124. Same; audit reports; recoupment and repayment of funds; access to audit information. (a) Any preliminary audit report must be delivered to the pharmacy within 60 days after the conclusion of the audit. Any pharmacy shall be allowed at least 30 days following receipt of…

65-16,125. Same; final report; availability. (a) Any auditing entity, upon request of the plan sponsor, shall provide a copy of the final report, including the disclosure of any money recouped in the audit. The pharmacy may provide a copy of the report to the commissioner of insu…

65-16,126. Same; application of the act. (a) This act shall apply to contracts between an auditing entity and a pharmacy entered into, extended or renewed on or after the effective date of this act. This act shall not apply to any audit, review or investigation that is initiated …

65-16,127. Emergency opioid antagonists; distribution, dispensing, storing and administering; duties of the state board of pharmacy and first responder agencies; rules and regulations. (a) As used in this section: (1) "Bystander" means a family member, friend, caregiver or other …

65-16,128. Electronic transmission of prescription orders required, when; exceptions. (a) Every prescription order issued for a controlled substance in schedules II-V that contains an opiate, as described in the uniform controlled substances act, shall be transmitted electronical…

65-16,129. Pharmacists authorized to administer drugs, when; exceptions. (a) (1) A licensed pharmacist may administer a drug by injection that, in the judgment of the prescriber, may be safely self-administered by a patient, to a patient pursuant to a prescription order, unless t…

65-16,130. Telepharmacy; definitions; requirements for operation; state board of pharmacy rules and regulations. (a) As used in this section: (1) "Telepharmacy" means the practice of pharmacy by a pharmacist located in Kansas using telecommunications or other automations and tech…

65-16,131. Pharmacist-initiated therapy for certain health conditions; requirements; establishment of protocols by collaborative drug therapy management advisory committee; penalty for violation. (a) A pharmacist may initiate therapy within the framework of a statewide protocol f…

65-1625. Title of act. This act shall be known and may be cited as the pharmacy act of the state of Kansas. History: L. 1953, ch. 290, § 2; L. 1975, ch. 319, § 1; July 1. Cross References to Related Sections: Food, drug and cosmetic act, see 65-655 et seq. Uniform controlled subs…

65-1626. Definitions. As used in the pharmacy act of the state of Kansas: (a) "Address" means, with respect to prescriptions, the physical address where a patient resides, including street address, city and state. (b) "Administer" means the direct application of a drug, whether b…

65-1626a. Practice of pharmacy defined; persons engaged as pharmacists. (a) For the purpose of the pharmacy act of the state of Kansas, the following individuals shall be deemed to be engaged in the practice of pharmacy: (1) Individuals who publicly profess to be a pharmacist, or…

65-1627. Grounds for revocation, suspension, placement in probationary status, denial, temporary suspension or temporary limitation of license for pharmacist, permit for retail dealer or registration for pharmacy, manufacturer, distributor or logistics provider; emergency proceed…

65-1627a. Same; jurisdiction of board; petition, who may file; stipulation, order based thereon. The board shall have jurisdiction of the proceedings to revoke, suspend, place in a probationary status or deny a renewal of any license, registration or permit issued by the board un…

65-1627b. Same; direction by board to file petition or to prosecute. (a) The board may direct the attorney general, the district or county attorney or its regularly employed attorney to file such petition against the licensee, registrant or permit holder upon its own motion, or i…

65-1627c. Same; form of petition, rules. The following rules shall govern the form of the petition in such cases: (a) The board shall be named as plaintiff and the person who holds the license, registration or permit as defendant. (b) The charges against the person who holds the …

65-1627f. Same; powers of board; term of suspension, probation or revocation; hearing; orders. (a) Depositions may be used by either party. Upon the completion of any hearing held hereunder, the board shall have the power to enter an order of revocation, suspension, probation or …

65-1627h. Costs of proceedings. (a) If the order is adverse to the licensee, registrant or permit holder, the costs shall be charged to such person as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid out of any m…

65-1627j. Subpoenas. (a) In all investigative and disciplinary matters pending before the board, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materi…

65-1627k. Certain records of board of pharmacy confidential; exceptions. (a) Any complaint, investigation, report, record or other information relating to a complaint or investigation that is received, obtained or maintained by the board shall be confidential and shall not be dis…

65-1627l. Conditions of probation or disciplinary action; compliance inspections and audits; payment of costs. (a) (1) As a condition of probation or other disciplinary action under K.S.A. 65-1627 or 65-1657, and amendments thereto, the board may require that a licensee or regist…

65-1628. Order; judicial review. (a) If any application for any license, registration or permit is refused or the renewal thereof denied or if any license, registration or permit is suspended, revoked or placed on probation, the board shall notify the person affected in writing o…

65-1628a. Review bond. If the licensee, registrant or permit holder petitions for review, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of the costs both before the board and in the district court. Such bond shall …

65-1629. Inspection of drugs by board; samples; analyses; publication of results. The board and its duly authorized agents and employees may inspect in a lawful manner the drugs kept for sale, offered for sale or for dispensing, or sold in the state of Kansas by any pharmacist, o…

65-1630. Rules and regulations. The board may adopt and promulgate such reasonable rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of this act, which rules and regulations shall be filed in the office of t…

65-1631. Licensure required of pharmacists; qualification of applicants; application for licensure by examination; reciprocal licensure; fees; applicants from schools outside the United States. (a) It shall be unlawful for any individual to practice as a pharmacist in this state …

65-1632. Renewal of license; fee; denial; conditions; continuing education; inactive status license; reinstatement after nonrenewal; penalty fee. (a) Except as otherwise provided in this section, each license to practice as a pharmacist issued by the board, shall expire every two…

65-1633. Change of mailing address or email address of pharmacist. Every pharmacist who changes residential address or email address shall within 30 days thereof notify the secretary of such change on a form prescribed and furnished by the board, and upon receipt of the notice th…

65-1634. Responsibility for quality of drugs sold; adulteration or mislabeling unlawful. Every person holding a license, registration or permit under the pharmacy act of the state of Kansas who engages in the sale of drugs, medicines, chemicals and poisons shall be responsible fo…

65-1635. Dispensing and administering of drugs by duly licensed practitioners, nurses and other persons; in-person encounter not required. (a) Nothing contained in the pharmacy act of the state of Kansas shall prohibit any duly licensed practitioner from purchasing and keeping dr…

65-1635a. Administration of vaccines by certain pharmacy professionals; education and reporting requirements; exceptions; delegation of authority prohibited; "pharmacist" defined. (a) A pharmacist, or a pharmacy student, intern or pharmacy technician who is 18 years of age or old…

65-1636. Sale of drugs limited to pharmacies; violations; exceptions. (a) Except as otherwise provided in this act, the sale and dispensing of drugs shall be limited to pharmacies operating under registrations as required by this act, and the actual sale or dispensing of drugs sh…

65-1637. Prescription orders; requirements; compounding, filling and refilling of prescriptions; refusal to fill; brand exchange; interchangeable biological products. (a) The pharmacist shall exercise professional judgment regarding the accuracy, validity and authenticity of any …

65-1637a. Institutional drug rooms; supervision and record-keeping; rules and regulations. (a) An institutional drug room shall be under the supervision of a pharmacist or a practitioner, who may be retained on a part-time basis and who shall be responsible for recordkeeping and …

65-1637c. Pharmacist required to be in charge of pharmacy; filling of certain prescriptions; refusal to fill; brand exchange. [See Revisor's Note] (a) In every store, shop or other place defined in this act as a "pharmacy" there shall be a pharmacist-in-charge and, except as othe…

65-1637d. Automated prescription drug dispensing systems; pharmacist required to supervise; rules and regulations. (a) An automated dispensing system shall be under the supervision of a pharmacist licensed in Kansas, who may be retained on a part-time basis and who shall be respo…

65-1637e. Compounding of drugs and distribution of compounded drugs; rules and regulations. (a) The board shall adopt rules and regulations governing proper compounding practices and distribution of compounded drugs by pharmacists and pharmacies. (b) This section shall be part of…

65-1638. Sale of drugs and poisons by registered pharmacist. A pharmacist shall have the right to keep and sell, subject to such restrictions as may be provided by law, all drugs and poisons listed in the national formulary, the United States pharmacopoeia and other standard phar…

65-1640. Act not applicable to manufacture or to certain sales of poisons. Nothing contained in the pharmacy act of the state of Kansas shall prevent the manufacture by any person of any poisons, nor shall anything in such act prevent the sale by any person of any poisons when th…

65-1641. Display of pharmacist license; when unlawful. A person holding a license as a pharmacist shall display conspicuously such license in that part of the place of business in which such person is engaged in the profession of pharmacy, and which is usually occupied by the pub…

65-1642. Equipment of pharmacy; records of prescription orders; medication profile record system; electronic transmission of prescription drug orders; application of federal drug supply chain security act. (a) Each pharmacy shall be equipped with proper pharmaceutical utensils, i…

65-1643. Registration or permit required; pharmacies, manufacturers, wholesale distributors, third-party logistics providers, automated dispensing systems, auctions, sales, distribution or dispensing of samples, retailers, institutional drug rooms, veterinary medical teaching hos…