reglab/housing_qa huggingface dataset:
KS Stat § 65-16,101 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,101 Statewide electronic logging system for sale of methamphetamine precursor act; definitions.

65-16,101. Statewide electronic logging system for sale of methamphetamine precursor act; definitions. As used in the statewide electronic logging system for sale of methamphetamine precursor act, unless the context otherwise requires:(a) "Board" means the state board of pharmacy.(b) "Methamphetamine precursor" means any compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine, or any of their salts or optical isomers, or salts of optical isomers, but does not include products that have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts for precursors, and does not include animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.(c) "Pharmacy" means premises, laboratory, area or other place, including in-state and out-of-state facilities that are required to be registered under K.S.A. 65-1643 or 65-1657, and amendments thereto: (1) Where drugs are offered for sale where the profession of pharmacy is practiced and where prescriptions are compounded and dispensed; or (2) which has displayed upon it or within it the words "pharmacist," "pharmaceutical chemist," "pharmacy," "apothecary," "drugstore," "druggist," "drugs," "drug sundries" or any of these words or combinations of these words or words of similar import either in English or any sign containing any of these words; or (3) where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited.History: L. 2009, ch. 131, § 1; July 1.
KS Stat § 65-16,102 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,102 Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability.

65-16,102. Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability. (a) The board shall establish and maintain a program for a statewide electronic logging system for sale of methamphetamine precursors.(b) Each pharmacy shall maintain an electronic methamphetamine precursor recording log documenting the sale of methamphetamine precursors. The board shall promulgate rules and regulations specifying a standardized format for the log and the information that each pharmacy shall submit to the board, which shall include, but not be limited to:(1) The name and address of the person purchasing, receiving or otherwise acquiring the methamphetamine precursor;(2) the name of the product and quantity purchased;(3) the date and time of the purchase; and(4) the name, or initials, of the licensed pharmacist, registered pharmacy technician or pharmacy intern or clerk supervised by a licensed pharmacist who sold the product.(c) Notwithstanding the requirements of this section, each pharmacy shall maintain the purchaser's signature in accordance with subsection (k) of K.S.A. 65-1643, and amendments thereto.(d) Each pharmacy that is capable shall submit the information from the log in real time in accordance with transmission methods specified in rules and regulations promulgated by the board.(e) The board may grant a waiver exempting a pharmacy from compliance with the requirements of this section upon showing of good cause by the pharmacy that it is otherwise unable to submit log information by electronic means for various reasons, including, but not limited to, mechanical or electronic failure or financial, technological or any other undue burden on the pharmacy, established by rules and regulations. Such waiver may permit the pharmacy to submit log information by paper form or other means, provided that all information required by rules and regulations is submitted in this alternative format.(f) No pharmacy or pharmacy employee shall be liable to any person in a civil action for damages or other relief arising from a sale of a methamphetamine precursor that occurs at another pharmacy.(g) The requirements of this section shall not apply where there is a lawful prescription present for the methamphetamine precursor sold.History: L. 2009, ch. 131, § 2; July 1.
KS Stat § 65-16,103 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,103 Same; no cost charged to pharmacies; funding of program.

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 to bear the costs associated with establishing and maintaining the electronic logging system, through any additional charges, whether statewide, regional, county-wide or otherwise as provided in this section.(b) In the event that funding for a statewide program is not available, the board may implement the program on a non-statewide basis, whether such program is funded regionally or county-wide or otherwise. The board shall, by rules and regulations, prescribe that such regional or non-statewide program comply with requirements applicable to a statewide program, including that such non-state governmental units or regional programs may not utilize different vendors. Any requirements of this act shall only be applicable to pharmacies within such units of government or regions, if a regional program is established, and all other pharmacies in the state shall be exempt from requirements for the electronic logging system required pursuant to this act.(c) If the state, other non-state units of government, private entities or others are unable to bear the costs of establishing and maintaining the electronic logging system, pharmacies within the state, or in the case of regional or other non-statewide programs, pharmacies within those program areas shall be relieved of any obligation to comply with the statewide electronic logging system program pursuant to this act. Such pharmacies shall still be subject to the requirements of maintaining a log as provided in subsection (k) of K.S.A. 65-1643, and amendments thereto.(d) The board shall not impose any additional charges for the establishment or maintenance of the program for the recording of methamphetamine precursors on a pharmacy. The board shall not charge any fees for the transmission of data to the program database or for the receipt of information from the database.(e) The state board of pharmacy may receive and expend, or supervise the expenditure of, any donation, gift, grant or bequest made to the board for furthering any phase of the statewide electronic logging system program.History: L. 2009, ch. 131, § 3; July 1.
KS Stat § 65-16,104 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,104 Same; confidential information; authorized access to data in the log.

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 amendments thereto, except as provided in subsections (c) and (d).(b) The board shall maintain procedures to ensure that the privacy and confidentiality of information collected, recorded, transmitted and maintained is not disclosed to persons except as provided in subsections (c) and (d).(c) The board shall be authorized to provide data in the log to the following persons:(1) Any person authorized to prescribe or dispense products containing pseudoephedrine, ephedrine or phenylpropanolamine, for the purpose of complying with the provisions of this act; and(2) local, state and federal law enforcement or prosecutorial officials.(d) The board may provide data to public or private entities for statistical, research or educational purposes after removing information that could be used to identify individual patients or persons who received methamphetamine precursors from pharmacies.History: L. 2009, ch. 131, § 4; July 1.
KS Stat § 65-16,105 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,105 Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report.

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 ensure the effective implementation and operation of the methamphetamine precursor recording log. The state agency or private vendor selected shall have the technological capability to receive electronic log data from pharmacies submitted pursuant to K.S.A. 65-16,102, and amendments thereto, and to send real time notification to law enforcement officials. Regardless of the entity selected to manage the program, pharmacies are not required to use any one particular vendor's product to comply with the requirements under K.S.A. 65-16,102, and amendments thereto. Any electronic system implemented by the state shall be capable of bridging with existing and future operational systems used by pharmacies at no cost to such pharmacies. Any contractor shall be bound to comply with the provisions regarding confidentiality of log information in this section, and amendments thereto, and shall be subject to the penalties specified in K.S.A. 65-16,107, and amendments thereto, for unlawful acts.(b) All information collected for the 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 database, shall be retained for five years. Such information and records shall then be destroyed unless a law enforcement entity has submitted a written request to the board for retention of specific information or records in accordance with procedures adopted by the board.(c) The board shall develop and implement a program to educate pharmacies and pharmacy employees about the program for the recording of methamphetamine precursors.(d) The board shall review the effectiveness of the program for the recording of methamphetamine precursors and submit an annual report to the senate standing committee on public health and welfare and the house standing committee on health and human services.History: L. 2009, ch. 131, § 5; July 1.
KS Stat § 65-16,106 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,106 Same; rules and regulations.

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.
KS Stat § 65-16,107 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,107 Same; penalties.

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 authorized to have log information pursuant to this act who knowingly discloses such information in violation of this act shall be guilty of a severity level 10, nonperson felony.(c) A person authorized to have log information pursuant to this act who knowingly uses such information in a manner or for a propose in violation of this act shall be guilty of a severity level 10, nonperson felony.History: L. 2009, ch. 131, § 7; July 1.
KS Stat § 65-16,108 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,108 Same; short title.

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.
KS Stat § 65-16,121 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,121 Pharmacy audit integrity act.

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.
KS Stat § 65-16,122 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,122 Same; definitions.

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 performance of pharmacy benefits management for a managed care company, not-for-profit hospital or medical service organization, insurance company, third-party payor or health program administered by the state board of pharmacy.(b) This section shall take effect on and after July 1, 2011.History: L. 2011, ch. 114, § 2; June 9.
KS Stat § 65-16,123 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,123 Same; procedural requirements.

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 clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist;(3) the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity;(4) the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit;(5) the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record;(6) any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions;(7) each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and(8) the entity conducting the audit must establish a written appeals process.(b) The entity conducting the audit shall also comply with the following requirements:(1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;(2) the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts;(3) the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and(4) interest may not accrue during the audit period.(c) This section shall take effect on and after July 1, 2011.History: L. 2011, ch. 114, § 3; June 9.
KS Stat § 65-16,124 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,124 Same; audit reports; recoupment and repayment of funds; access to audit information.

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 the preliminary audit to provide documentation to address any discrepancy found in the audit. Any final audit report shall be delivered to the pharmacy within 120 days after receipt of the preliminary audit report or final appeal, whichever is later.(b) Recoupment of any disputed funds or repayment of funds to the entity by the pharmacy, if permitted pursuant to contracts, shall occur, to the extent demonstrated or documented in the pharmacy audit findings, after final internal disposition of the audit including the appeals process. If the identified discrepancy for an individual audit exceeds $20,000, any future payments to the pharmacy may be withheld pending finalization of the audit. Unless otherwise required by the federal or state law, any audit information may not be shared. Auditors shall only have access to previous audit reports on a particular pharmacy conducted by that same entity.(c) This section shall take effect on and after July 1, 2011.History: L. 2011, ch. 114, § 4; June 9.
KS Stat § 65-16,125 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,125 Same; final report; availability.

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 insurance, provided such report shall not contain any personally identifiable health information in violation of the provisions of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191).(b) This section shall take effect on and after July 1, 2011.History: L. 2011, ch. 114, § 5; June 9.
KS Stat § 65-16,126 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,126 Same; application of the act.

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 based upon suspected or alleged fraud, willful misrepresentation or abuse.(b) This section shall take effect on and after July 1, 2011.History: L. 2011, ch. 114, § 6; June 9.
KS Stat § 65-16,128 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,128 Electronic transmission of prescription orders required, when; exceptions.

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 electronically unless:(1) Electronic prescription orders are not possible due to technological or electronic system failures;(2) electronic prescribing is not available to the prescriber due to economic hardship or technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances exist, as demonstrated by the prescriber;(3) the prescription order is for a compounded preparation containing two or more components or requires information that makes electronic submission impractical, such as complicated or lengthy instructions for use;(4) the prescription order is issued by a licensed veterinarian;(5) the prescriber reasonably determines that it would be impractical for the patient to obtain the substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition;(6) the prescription order is issued pursuant to drug research or drug therapy protocols;(7) the prescription order is by a prescriber who issues 50 or fewer prescription orders per year for controlled substances that contain opiates; or(8) the United States food and drug administration requires the prescription order to contain elements that are not compatible or possible with electronic prescriptions.(b) (1) A prescriber may request a waiver from the provisions of subsection (a) for a period not to exceed six months if such prescriber cannot comply with subsection (a) due to economic hardship, technological limitations that reasonably are not within the prescriber's control or other circumstance demonstrated by the prescriber. If a waiver is granted by the board, the prescriber may request that such waiver be renewed for a period not to exceed six months. Requests for a waiver or renewal shall be submitted to the board in such form and manner as prescribed by the board and shall include the reason for the request and any other information required by the board.(2) If a prescriber prescribes a controlled substance by non-electronic prescription, such prescriber shall indicate the prescription is made pursuant to a waiver granted pursuant to this section. A pharmacist shall not be required to verify the validity of any waiver, either with the prescriber or the board, but may do so in accordance with K.S.A. 65-1637, and amendments thereto.(c) The provisions of this section shall be a part of and supplemental to the pharmacy act of the state of Kansas.(d) The provisions of this section shall take effect on and after July 1, 2021.History: L. 2019, ch. 52, § 1; July 1.
KS Stat § 65-16,129 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 16 - Regulation Of Pharmacists|65-16,129 Pharmacists authorized to administer drugs, when; exceptions.

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 the prescription order includes the words "not to be administered by a pharmacist," or words of like effect.(2) Nothing in this section shall replace, repeal or supersede the requirements prescribed in K.S.A. 65-4a10, and amendments thereto.(b) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.History: L. 2019, ch. 52, § 6; July 1.