reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1660 Dialysates, devices or drugs designated by board for treatment of persons with chronic kidney failure; inapplicability of pharmacy act; rules and regulations.

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 shall not apply to dialysates, devices or drugs which are designated by the board for the purposes of this section relating to treatment of a person with chronic kidney failure receiving dialysis and which are prescribed or ordered by a physician or a mid-level practitioner for administration or delivery to a person with chronic kidney failure if:
(1) The wholesale distributor is registered with the board and lawfully holds the drug or device; and
(2) the wholesale distributor: (A) Delivers the drug or device to: (i) A person with chronic kidney failure for self-administration at the person's home or specified address; (ii) a physician for administration or delivery to a person with chronic kidney failure; or (iii) a medicare approved renal dialysis facility for administering or delivering to a person with chronic kidney failure; and (B) has sufficient and qualified supervision to adequately protect the public health.
(b) The wholesale distributor pursuant to subsection (a) shall be supervised by a pharmacist consultant pursuant to rules and regulations adopted by the board.
(c) The board shall adopt such rules or regulations as are necessary to effectuate the provisions of this section.
(d) As used in this section, "physician" means a person licensed to practice medicine and surgery; "mid-level practitioner" means mid-level practitioner as such term is defined in K.S.A. 65-1626, and amendments thereto.
(e) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1998, ch. 91, § 1; L. 1999, ch. 115, § 11; L. 2017, ch. 34, § 19; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1662 Veterinary medical teaching hospital pharmacy; distribution and control of prescription-only drugs; pharmacist in charge.

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 pharmacist in charge. The pharmacist in charge shall also be responsible for establishing and maintaining adequate policies and procedures for training of personnel; storage and maintenance of prescription-only drugs and equipment; quality assurance, labeling, packaging and distribution of prescription-only drugs; recordkeeping and security.
(b) The board shall adopt such rules and regulations relating to the policies and procedures for veterinary medical teaching hospital pharmacies as necessary for proper control of prescription-only drugs by such veterinary medical teaching hospital pharmacies and adequate safety.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2000, ch. 89, § 4; April 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1668 Utilization of unused medications act; not applicable to certain medications.

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 medications act shall not apply to any drug, prescription drug or medication purchased or provided with moneys provided under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto, or title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto.
History:
L. 2008, ch. 9, § 1; March 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1669 Same; definitions.

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.A. 39-2002, and amendments thereto.
(c) "Donating entities" means adult care homes, mail service pharmacies, institutional drug rooms and medical care facilities who [that] elect to participate in the program.
(d) "Drug" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(e) "Federally qualified health center" means a center that meets the requirements for federal funding under 42 U.S.C. § 1396d(1) of the public health service act, and amendments thereto, and that has been designated as a "federally qualified health center" by the federal government.
(f) "Indigent health care clinic" has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto.
(g) "Institutional drug room" has the meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(h) "Mail service pharmacy" means a licensed Kansas pharmacy that ships, mails or delivers by any lawful means a lawfully dispensed medication in tamper-resistant packaging to residents of this state or another state.
(i) "Medical care facility" has the same meaning as such term is defined in K.S.A. 65-425, and amendments thereto.
(j) "Medically indigent" has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto.
(k) "Medication" means a prescription drug or drug as defined by this section.
(l) "Mid-level practitioner" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(m) "Practitioner" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(n) "Prescription drug" means a drug that may be dispensed only upon prescription of a practitioner or mid-level practitioner authorized by law and that is approved for safety and effectiveness as a prescription drug under section 505 or 507 of the federal food, drug and cosmetic act, 52 Stat. 1040 (1938), 21 U.S.C.A. § 301.
(o) "Qualifying center or clinic" means an indigent health care clinic, federally qualified health center or community mental health center.
(p) "Samples of medications or injectables" means a unit of drug that is not intended to be sold and is intended to promote the sale of the drug.
History:
L. 2008, ch. 9, § 2; L. 2011, ch. 114, § 8; L. 2013, ch. 114, § 8; L. 2017, ch. 34, § 20; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1670 Same; duties of the board of pharmacy; duties of qualifying center or clinic.

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 participate in the program for the purpose of distributing the unused medications to Kansas residents who are medically indigent.
(b) A qualifying center or clinic in consultation with a pharmacist shall establish procedures necessary to implement the program established by the utilization of unused medications act.
(c) The state board of pharmacy shall provide technical assistance to entities who may wish to participate in the program.
History:
L. 2008, ch. 9, § 3; L. 2013, ch. 114, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1671 Same; criteria for accepting unused medications; dispensing.

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 entity;
(b) only medications in their original or pharmacist sealed unit dose packaging or in tamper evident packaging, unit of use or sealed, unused injectables, including samples of medications or injectables, shall be accepted and dispensed pursuant to the utilization of unused medications act;
(c) expired medications shall not be accepted;
(d) a medication shall not be accepted or dispensed if the person accepting or dispensing the medication has reason to believe that the medication is adulterated;
(e) no controlled substances shall be accepted, unless the state board of pharmacy designates certain controlled substances as accepted medications in the adoption of rules and regulations pursuant to K.S.A. 65-1674, and amendments thereto; and
(f) subject to the limitation specified in this section, unused medications dispensed for purposes of a medical assistance program or drug product donation program may be accepted and dispensed under the utilization of unused medications act.
History:
L. 2008, ch. 9, § 4; L. 2011, ch. 114, § 9; L. 2013, ch. 114, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1672 Same; participation; adult care homes; powers and duties of a qualifying center or clinic.

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 medications act shall require any resident of an adult care home or any donating entity to participate in the program.
(b) A qualifying center or clinic which meets the eligibility requirements established in the utilization of unused medications act may:
(1) Dispense medications donated under the utilization of unused medications act to persons who are medically indigent residents of Kansas; and
(2) charge persons receiving donated medications a handling fee not to exceed 200% of the medicaid dispensing fee.
(c) A qualifying center or clinic which meets the eligibility requirements established and authorized by the utilization of unused medications act which accepts donated medications shall:
(1) Comply with all applicable federal and state laws related to the storage and distribution of medications;
(2) inspect all medications prior to dispensing the medications to determine that such medications are not adulterated; and
(3) dispense prescription drugs only pursuant to a prescription issued by a practitioner or mid-level practitioner.
(d) Medications donated under the utilization of unused medications act shall not be resold but are available for transfer to another qualifying center or clinic.
(e) For purposes of the utilization of unused medications act, medications dispensed by qualifying centers or clinics shall not be considered resale of such medications.
History:
L. 2008, ch. 9, § 5; March 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1673 Same; criminal and civil liability under the act.

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 unused medications act, in the absence of bad faith or gross negligence, shall not be subject to criminal or civil liability for injury other than death, or loss to person or property, or professional disciplinary action:
(1) The state board of pharmacy;
(2) the department of health and environment;
(3) the Kansas department for aging and disability services;
(4) any governmental entity or donating entity donating medications under the utilization of unused medications act;
(5) any qualifying center or clinic that accepts or dispenses medications under the utilization of unused medications act; and
(6) any qualifying center or clinic that employs a practitioner or mid-level practitioner who accepts or can legally dispense prescription drugs under the utilization of unused medications act and the pharmacy act of the state of Kansas.
(b) For matters related to the donation, acceptance or dispensing of a medication manufactured by the prescription drug manufacturer that is donated by any entity under the utilization of unused medications act, a prescription drug manufacturer shall not, in the absence of bad faith or gross negligence, be subject to criminal or civil liability for injury other than for death, or loss to person or property including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
(c) Any person who in good faith donates medications without charge under the utilization of unused medications act, which medications are in compliance with such act at the time donated, shall not be subject to criminal or civil liability arising from any injury or death due to the condition of such medications unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of such person.
History:
L. 2008, ch. 9, § 6; L. 2014, ch. 115, § 256; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1674 Same; rules and regulations; duties of the board of pharmacy.

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 safe storage of donated medications;
(2) include standards and procedures for inspecting donated medications to ensure that the medications are in compliance with the utilization of unused medications act and to ensure that, in the professional judgment of a pharmacist, the medications meet all federal and state standards for product integrity;
(3) establish standards and procedures for acceptance of unused medications from donating entities;
(4) establish standards and procedures for designating certain controlled substances as accepted donated medications;
(5) establish standards and procedures for a qualifying center or clinic to prepare any donated medications for dispensing or administering; and
(6) establish, in consultation with the department of health and environment and the Kansas department for aging and disability services, any additional rules and regulations, and standards and procedures it deems appropriate or necessary to implement the provisions of the utilization of unused medications act.
(b) In accordance with the rules and regulations and procedures of the program established pursuant to this section, a resident of an adult care home, or the representative or guardian of a resident may donate unused medications for dispensation to medically indigent persons.
History:
L. 2008, ch. 9, § 7; L. 2013, ch. 114, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1675 Same; duties of the secretary of health and environment; records.

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 received and the number of clients served.
History:
L. 2008, ch. 9, § 8; March 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1677 Collaborative drug therapy management advisory committee; purpose and membership.

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 collaborative drug therapy management advisory committee for the purpose of promoting consistent regulation and to enhance coordination among such boards with jurisdiction over licensees involved in collaborative drug therapy management. Such committee shall advise and make recommendations to the state board of pharmacy and state board of healing arts on matters relating to collaborative drug therapy management.
(b) The collaborative drug therapy management advisory committee shall consist of seven members: (1) One member of the board of pharmacy appointed by the board of pharmacy, who shall serve as the nonvoting chairperson; (2) three licensed pharmacists appointed by the state board of pharmacy, at least two of whom shall have experience in collaborative drug therapy management; and (3) three persons licensed to practice medicine and surgery appointed by the state board of healing arts, at least two of whom shall have experience in collaborative drug therapy management. The state board of pharmacy shall give consideration to any names submitted by the Kansas pharmacists association when making appointments to the committee. The state board of healing arts shall give consideration to any names submitted by the Kansas medical society when making appointments to the committee. Members appointed to the committee shall serve terms of two years, except that of the four members of the committee first appointed to the committee by the state board of pharmacy, two shall be appointed for terms of two years and two shall be appointed for terms of one year as specified by the state board of pharmacy and that of the three members of the committee first appointed to the committee by the state board of healing arts, two shall be appointed for terms of two years and one shall be appointed for a term of one year as specified by the state board of healing arts. Members appointed to the committee shall serve without compensation. All expenses of the committee shall be equally divided and paid by the state board of pharmacy and state board of healing arts.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2014, ch. 49, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1680 Epinephrine kits in schools; rules and regulations.

65-1680.
Epinephrine kits in schools; rules and regulations.
The state board of pharmacy may adopt any rules and regulations which the board deems necessary in relation to the maintenance of epinephrine kits under K.S.A. 72-6283, and amendments thereto.
History:
L. 2009, ch. 102, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1682 Prescription monitoring program act; definitions.

65-1682. Prescription monitoring program act; 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) "Board" means the state board of pharmacy.
(c) "Delegate" means:
(1) A registered nurse, licensed practical nurse, respiratory therapist, emergency medical responder, paramedic, dental hygienist, pharmacy technician or pharmacy intern who has registered for access to the program database as an agent of a practitioner or pharmacist to request program data on behalf of the practitioner or pharmacist;
(2) a death investigator who has registered for limited access to the program database as an agent of a medical examiner, coroner or another person authorized under law to investigate or determine causes of death; or
(3) an individual authorized to access the program database by the board in rules and regulations.
(d) "Dispenser" means a practitioner, pharmacy or pharmacist who delivers a scheduled substance or drug of concern to an ultimate user, but does not include:
(1) A licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;
(2) a medical care facility as defined in K.S.A. 65-425, and amendments thereto, practitioner or other authorized person who administers such a substance;
(3) a registered wholesale distributor of such substances;
(4) a veterinarian licensed by the Kansas board of veterinary examiners who dispenses or prescribes a scheduled substance or drug of concern; or
(5) a practitioner who has been exempted from the reporting requirements of this act in rules and regulations promulgated by the board.
(e) "Drug of concern" means any drug that demonstrates a potential for abuse and is designated as a drug of concern in rules and regulations promulgated by the board.
(f) "Patient" means the individual who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed.
(g) "Pharmacist" means an individual currently licensed by the board to practice the profession of pharmacy in this state.
(h) "Pharmacy" means a premises, laboratory, area or other place currently registered with the board where scheduled substances or drugs of concern are offered for sale or dispensed in this state.
(i) "Practitioner" means an individual licensed to practice medicine and surgery, dentist, podiatrist, optometrist or other individual authorized by law to prescribe or dispense scheduled substances and drugs of concern.
(j) "Program" means the prescription monitoring program.
(k) "Scheduled substance" means controlled substances included in schedules II, III or IV of the schedules designated in K.S.A. 65-4107, 65-4109 and 65-4111, and amendments thereto, respectively, or the federal controlled substances act, 21 U.S.C. § 812.
History:
L. 2008, ch. 104, § 2; L. 2022, ch. 74, § 3; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1683 Required information to be submitted by dispenser; rules and regulations; acceptance of gifts and grants.

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 or dispensed to an address in this state.
(b) Each dispenser shall submit to the board by electronic means information required by the board regarding each prescription dispensed for a substance included under subsection (a). The board shall promulgate rules and regulations specifying the nationally recognized telecommunications format to be used for submission of information that each dispenser shall submit to the board. Such information may include, but not be limited to:
(1) The dispenser identification number;
(2) the date the prescription is filled;
(3) the prescription number;
(4) whether the prescription is new or is a refill;
(5) the national drug code for the drug dispensed;
(6) the quantity dispensed;
(7) the number of days' supply of the drug;
(8) the patient identification number;
(9) the patient's name;
(10) the patient's address;
(11) the patient's date of birth;
(12) the prescriber identification number;
(13) the date the prescription was issued by the prescriber;
(14) the source of payment for the prescription;
(15) the diagnosis code;
(16) the patient's species code; and
(17) the date the prescription was sold.
(c) The board shall promulgate rules and regulations specifying the transmission methods and frequency of the dispenser submissions required under subsection (b).
(d) The board may, in consultation with the advisory committee, enable features and include additional information to enhance the program database. Such information may include, but not be limited to:
(1) The date or fact of death;
(2) the dispensation or administration of emergency opioid antagonists, as defined by K.S.A. 65-16,127, and amendments thereto; and
(3) the data related to an overdose event.
(e) The board is hereby authorized to apply for and to accept grants and may accept any donation, gift or bequest made to the board for furthering any phase of the prescription monitoring program.
(f) The board shall remit all moneys received by it under subsection (e) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the non-federal gifts and grants fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president.
History:
L. 2008, ch. 104, § 3; L. 2012, ch. 107, § 4; L. 2022, ch. 74, § 4; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1684 Same; charges and fees prohibited.

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 scheduled substances and drugs of concern. The board shall not charge any fees for the transmission of data to the database or for the receipt of information from the database, except that the board may charge a fee to an individual who requests the individual's own prescription monitoring information in accordance with procedures adopted by the board.
History:
L. 2008, ch. 104, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1686 Same; another agency as contractor.

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 the provisions regarding confidentiality of prescription information in K.S.A. 65-1685, and amendments thereto, and shall be subject to the penalties specified in K.S.A. 65-1693, and amendments thereto, for unlawful acts.
History:
L. 2008, ch. 104, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1687 Requirements for maintenance and storage of records.

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 database, shall be retained for five years.
(b) Program data shall not be stored outside of the program database, with the following exceptions:
(1) Temporary storage necessary to deliver program data to electronic health records or pharmacy management systems approved by the board;
(2) retention of specific information or records related to an investigation or proceeding under administrative or criminal law;
(3) program data provided under K.S.A. 65-1685(e), and amendments thereto; or
(4) board retention of information for purposes of operation of the program and administration and enforcement of this act or the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto.
History:
L. 2008, ch. 104, § 7; L. 2022, ch. 74, § 6; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1688 Same; act does not create civil liability or duty.

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 basis that such person authorized to prescribe or dispense scheduled substances and drugs of concern did or did not seek or obtain information from the prescription monitoring program prior to prescribing or dispensing scheduled substances and drug of concern to a patient. Nothing in this act shall be construed to create a duty or otherwise require a person authorized to prescribe or dispense scheduled substances and drug of concern to obtain information about a patient from the prescription monitoring program prior to prescribing or dispensing scheduled substances and drug of concern to such patient.
History:
L. 2008, ch. 104, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1689 Program advisory committee created; members; terms.

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 appointed by the board as follows:
(1) Two licensed physicians, one nominated by the Kansas medical society and one nominated by the Kansas association of osteopathic medicine;
(2) two licensed pharmacists nominated by the Kansas pharmacists association;
(3) one person representing the Kansas bureau of investigation nominated by the attorney general;
(4) one person representing the university of Kansas school of medicine nominated by the dean of such school;
(5) one person representing the university of Kansas school of pharmacy nominated by the dean of such school;
(6) one licensed dentist nominated by the Kansas dental association;
(7) one person representing the Kansas hospital association nominated by such association;
(8) one licensed advanced practice provider nominated by either the board of nursing or the state board of healing arts; and
(9) the board may also appoint other persons authorized to prescribe or dispense scheduled substances and drugs of concern, recognized experts and representatives from law enforcement.
(b) The appointments to the advisory committee shall be for terms of three years.
(c) The advisory committee shall elect a chairperson from among its members who shall serve a one-year term. The chairperson may serve consecutive terms.
(d) The advisory committee, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting when it is considering matters relating to identifiable patients or providers.
(e) Upon the expiration of the term of office of any member of the advisory committee on or after the effective date of this act, and in any case of a vacancy existing on or after the effective date of this act, a successor shall be appointed by the board pursuant to this section.
(f) All members of the advisory committee shall serve without compensation.
History:
L. 2008, ch. 104, § 9; L. 2022, ch. 74, § 7; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1690 Same; advisory committee in cooperation with other entities.

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 drugs of concern to develop a continuing education program for such persons about the purposes and uses of the prescription monitoring program.
(b) The advisory committee shall work with the Kansas bar association to develop a continuing education program for attorneys about the purposes and uses of the prescription monitoring program.
(c) The advisory committee shall work with the Kansas bureau of investigation to develop a continuing education program for law enforcement officers about the purposes and uses of the prescription monitoring program.
History:
L. 2008, ch. 104, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1691 Same; board consultation with advisory committee; annual report.

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 report to the senate standing committee on public health and welfare and the house standing committee on health and human services.
History:
L. 2008, ch. 104, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1693 Same; penalties.

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 person authorized to have prescription monitoring 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 prescription monitoring information pursuant to this act who knowingly uses such information in a manner or for a purpose in violation of this act shall be guilty of a severity level 10, nonperson felony.
(d) A person who knowingly, and without authorization, obtains or attempts to obtain prescription monitoring information shall be guilty of a severity level 10, nonperson felony.
(e) It shall not be a violation of this act for a practitioner or dispenser to disclose or use information obtained pursuant to this act when such information is disclosed or used solely in the course of such practitioner's or dispenser's care of the patient who is the subject of the information.
History:
L. 2008, ch. 104, § 13; L. 2012, ch. 107, § 6; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1694 Same; veterinary prescription monitoring program task force; study; members; report.

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 monitoring program under this act. Such study shall include appropriate methods and procedures of reporting by the veterinarians with the necessary database field information. The task force shall utilize nationally available resources afforded by the American association of veterinary state boards and the American veterinary medical association's department of state legislative and regulatory affairs in development of the plan in consultation with the advisory committee.
(b) The task force shall consist of three members as follows: One member appointed by the prescription monitoring program advisory committee, one member appointed by the Kansas board of veterinary examiners and one member nominated by the Kansas veterinary medical association and appointed by the Kansas board of veterinary examiners.
(c) Appointments shall be made within 120 days after the effective date of this act. The initial meeting of the task force shall be convened within 180 days after the effective date of this act. The task force shall elect a chairperson and may elect any additional officers from among its members. All task force members shall serve without compensation.
(d) The task force shall report its findings and progress to the prescription monitoring program advisory committee at least annually or when requested by the advisory committee. The task force shall report its progress to the senate committee on public health and welfare and the house committee on health and human services, if requested, and report its conclusions and recommendations to such committees within five years after the effective date of this act. Based on the recommendation by the task force this act shall be amended to include the veterinarians as practitioners.
History:
L. 2008, ch. 104, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1694a Prescription monitoring program fund created.

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 from the prescription monitoring program fund shall be for the purpose of operating the prescription monitoring program that is established in accordance with the prescription monitoring program act. All expenditures from the prescription monitoring program fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the state board of pharmacy or the president's designee.
(b) This section shall be a part of and supplemental to the prescription monitoring program act.
History:
L. 2021, ch. 110, § 8; May 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1696 State board of pharmacy; fingerprinting and criminal history.

65-1696.
State board of pharmacy; fingerprinting and criminal history.
(a) As part of an original application for or reinstatement of any license, registration, permit or certificate or in connection with any investigation of any holder of a license, registration, permit or certificate, the state board of pharmacy may require a person to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the person and to determine whether the person has a record of criminal history in this state or other jurisdiction. The state board of pharmacy is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The state board of pharmacy may use the information obtained from fingerprinting and the criminal history for purposes of verifying the identification of the person and in the official determination of the qualifications and fitness of the person to be issued or to maintain a license, registration, permit or certificate.
(b) Local and state law enforcement officers and agencies shall assist the state board of pharmacy in taking and processing of fingerprints of applicants for and holders of any license, registration, permit or certificate and shall release all records of adult convictions and nonconvictions and adult convictions or adjudications of another state or country to the state board of pharmacy.
(c) The state board of pharmacy may fix and collect a fee as may be required by the board in an amount equal to the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the pharmacy fee fund. The board of pharmacy shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the pharmacy fee fund.
(d) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2009, ch. 131, § 10; July 1.
2023 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.
2023 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.
2023 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.
2023 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.