Chapter 65, PUBLIC HEALTH

65-1643d. Registration as manufacturer or virtual manufacturer; information required in application; criteria for grant or denial; state board of pharmacy rules and regulations; inspections; registration of manufacturer or virtual manufacturer licensed or registered in another st…

65-1644. Duplicate licenses, registrations and permits; fees. The board may issue duplicate licenses, registrations or permits upon return of the original, or upon a sworn statement that the original has been lost or destroyed, and has not been given away or disposed of to some o…

65-1645. Applications for registrations and permits; renewals; forms; establishment of fees; establishment of retail dealer classes; display of registrations and permits; expiration dates; penalty fee for renewal after lapse; proration of fees. (a) Application for registrations o…

65-1646. Violations of act or rules and regulations; penalty; revocation or suspension of registration or permit; notice and hearing. Any person violating any of the provisions of this act or any valid rule and regulation made under the authority conferred by this act shall be gu…

65-1647. Repeated violations of act or rules and regulations may be enjoined. The board may in its discretion, in addition to the remedies set forth in the preceding section, apply to the court having jurisdiction over the parties and subject matter for a writ of injunction to re…

65-1648. Distribution and control of prescription medications by a medical care facility pharmacy, health department, indigent health care clinic, federally qualified health center or family planning clinic; maintenance and use of emergency medication kit by adult care home; rule…

65-1649. Invalidity of part. If any clause, sentence, paragraph, section or part of the pharmacy act of the state of Kansas or the application thereof to any person or circumstances shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or …

65-1650. Regulation of advertising of prescription-only drugs; exceptions and exclusions. The board of pharmacy is hereby authorized to regulate the advertising, but not the prices or discounts, of prescription-only drugs. The provisions of this section shall not be construed to:…

65-1651. Sections part of and supplemental to pharmacy act. The provisions of K.S.A. 65-1627a to 65-1627h, inclusive, 65-1628a, 65-1628b and 65-1650, are hereby declared to be a part of and supplemental to the pharmacy act of the state of Kansas. History: L. 1975, ch. 319, § 46; …

65-1652. Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions. (a) No person reporting to the board of pharmacy under oath and in good faith any infor…

65-1653. References to registered pharmacists deemed to apply to licensed pharmacists. (a) Whenever registered pharmacist, or words of like effect, is referred to or designated by a statute, rule and regulation, contract or other document in reference to a pharmacist registered u…

65-1654. Privileged communications. (a) The confidential communications between a licensed pharmacist and the pharmacist's patient and records of prescription orders filled by the pharmacist are placed on the same basis of confidentiality as provided by law for communications bet…

65-1655. Information required of applicant for registration as a wholesale distributor; factors in reviewing qualifications of applicants; denial of application if not in public interest; qualifications of personnel; inspection by the board; rules and regulations. (a) The board s…

65-1655a. Information required of applicant for registration as third-party logistics provider; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations. (a) The board shall require an appl…

65-1655b. Information required of applicant for registration as outsourcing facility; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations. (a) The board shall require an applicant for …

65-1656. Filling transferred prescriptions; exceptions and conditions; common electronic prescription files authorized; rules and regulations. (a) Nothing contained in the pharmacy act of the state of Kansas shall prohibit a pharmacist licensed in this state from filling or refil…

65-1657. Nonresident pharmacy registration; information required; civil fine; regulatory requirements; drug product selection rules; interstate delivery guidelines; disciplinary action; pharmacies prohibited from advertising unless registered; penalties for violations; injunctive…

65-1658. Civil fines for violations. The state board of pharmacy, in addition to any other penalty prescribed under the pharmacy act of the state of Kansas, may assess a civil fine, after notice and an opportunity to be heard in accordance with the Kansas administrative procedure…

65-1659. Pharmacies authorized to place certain drugs with home health agencies and hospices; protocols for drug handling and storage; review and inspection; definitions. (a) A pharmacy will be allowed to place certain drugs with a home health agency's authorized employees and wi…

65-1660. Dialysates, devices or drugs designated by board for treatment of persons with chronic kidney failure; inapplicability of pharmacy act; rules and regulations. (a) Except as otherwise provided in this section, the provisions of the pharmacy act of the state of Kansas shal…

65-1662. Veterinary medical teaching hospital pharmacy; distribution and control of prescription-only drugs; pharmacist in charge. (a) Distribution and control of prescription-only drugs in a veterinary medical teaching hospital pharmacy shall be under the supervision of a pharma…

65-1663. Registration of pharmacy technicians; applications; registration fee; qualifications for registration; restrictions on tasks performed; expiration and renewal of registration; grounds for denial of application or registration; revocation, suspension or limitation of regi…

65-1668. Utilization of unused medications act; not applicable to certain medications. (a) K.S.A. 65-1668 through 65-1675, and amendments thereto, shall be known and may be cited as the "utilization of unused medications act." (b) The provisions of the utilization of unused medic…

65-1669. Same; definitions. As used in the utilization of unused medications act: (a) "Adult care home" has the same meaning as such term is defined in K.S.A. 39-923, and amendments thereto. (b) "Community mental health center" has the same meaning as such term is defined in K.S.…

65-1670. Same; duties of the board of pharmacy; duties of qualifying center or clinic. (a) The board of pharmacy shall establish and implement a program consistent with public health and safety through which unused drugs may be transferred from donating entities that elect to par…

65-1671. Same; criteria for accepting unused medications; dispensing. The following criteria shall be used in accepting unused medications for use under the utilization of unused medications act: (a) The medications shall have come from a controlled storage unit of a donating ent…

65-1672. Same; participation; adult care homes; powers and duties of a qualifying center or clinic. (a) Participation in the utilization of unused medications act by residents of adult care homes and donating entities shall be voluntary. Nothing in the utilization of unused medic…

65-1673. Same; criminal and civil liability under the act. (a) For matters related only to the lawful donation, acceptance or dispensing of medications under the utilization of unused medications act, the following persons and entities, in compliance with the utilization of unuse…

65-1674. Same; rules and regulations; duties of the board of pharmacy. (a) The state board of pharmacy shall adopt rules and regulations to implement the utilization of unused medications act. Such rules shall: (1) Include standards and procedures for transfer, acceptance and saf…

65-1675. Same; duties of the secretary of health and environment; records. The secretary of health and environment shall maintain records of program participation including the number of donating entities donating medications, recipient locations, the amount of medications receiv…

65-1676. Registration of pharmacist interns; applications; registration fee; qualifications for registration; expiration and renewal; revocation, suspension or limitation; change of name, address or email address; responsibilities of pharmacist and pharmacies; rules and regulatio…

65-1677. Collaborative drug therapy management advisory committee; purpose and membership. (a) Not later than 90 days after the effective date of this act, the state board of pharmacy and the state board of healing arts shall appoint a seven-member committee to be known as the co…

65-1680. Emergency medication kits in schools. (a) A pharmacist may distribute a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors to a school pursuant to a prescription made pursuant to K.S.A. 72-6283, and amendments thereto, from a physician or mid-lev…

65-1681. Prescription monitoring program act. This act shall be known and may be cited as the prescription monitoring program act. History: L. 2008, ch. 104, § 1; July 1.

65-1682. Definitions. As used in this act, unless the context otherwise requires: (a) "Audit trail information" means information produced regarding requests for prescription monitoring program data that the board and advisory committee use to monitor compliance with this act. (b…

65-1683. Required information to be submitted by dispenser; rules and regulations; acceptance of gifts and grants. (a) The board shall establish and maintain a prescription monitoring program for the monitoring of scheduled substances and drugs of concern dispensed in this state …

65-1684. Same; charges and fees prohibited. The board shall not impose any charge for the establishment or maintenance of the prescription monitoring program database on a registered wholesale distributor, pharmacist, dispenser or other person authorized to prescribe or dispense …

65-1685. Database information privileged and confidential; persons authorized to receive data; oversight thereof; advisory committee review of information. (a) The program database, all information contained therein and any records maintained by the board, or by any entity contra…

65-1686. Same; another agency as contractor. The board is hereby authorized to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. Any contractor shall be bound to comply with…

65-1687. Requirements for maintenance and storage of records. (a) All information collected for the prescription monitoring program database and any records maintained by the board, or by any entity contracting with the board, submitted to, maintained or stored as a part of the d…

65-1688. Same; act does not create civil liability or duty. No person authorized to prescribe or dispense scheduled substances and drugs of concern shall be liable to any person in a civil action for damages or other relief for injury, death or loss to person or property on the b…

65-1689. Program advisory committee created; members; terms. (a) There is hereby created the program advisory committee which, subject to the oversight of the board, shall be responsible for the operation of the program. The advisory committee shall consist of at least 10 members…

65-1690. Same; advisory committee in cooperation with other entities. (a) The prescription monitoring program advisory committee shall work with each entity charged with administrative oversight of those persons engaged in the prescribing or dispensing of scheduled substances and…

65-1691. Same; board consultation with advisory committee; annual report. In consultation with and upon recommendation of the prescription monitoring program advisory committee, the board shall review the effectiveness of the prescription monitoring program and submit an annual r…

65-1692. Same; rules and regulations. The board is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this act. History: L. 2008, ch. 104, § 12; July 1.

65-1693. Same; penalties. (a) A dispenser who knowingly fails to submit prescription monitoring information to the board as required by this act or knowingly submits incorrect prescription monitoring information shall be guilty of a severity level 10, nonperson felony. (b) A pers…

65-1694. Same; veterinary prescription monitoring program task force; study; members; report. (a) There is hereby established the veterinary prescription monitoring program task force which shall study and determine whether to require veterinarians to report to a prescription mon…

65-1694a. Prescription monitoring program fund created. (a) There is hereby established in the state treasury the prescription monitoring program fund. Such fund shall be administered by the president of the state board of pharmacy or the president's designee. All expenditures fr…

65-1695. Continuous quality improvement program; purpose; confidential peer review documents; rules and regulations. (a) No later than July 1, 2009, each pharmacy shall establish a continuous quality improvement (CQI) program. The purpose of the CQI program shall be to assess err…

65-1696. State board of pharmacy; fingerprinting and criminal history; fees. (a) The state board of pharmacy may require a fingerprint candidate to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and …