reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1518 Administrative proceedings; procedure; review; civil enforcement; costs.

65-1518. Administrative proceedings; procedure; review; civil enforcement; costs.
(a) All administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated and affecting any licensee licensed under that article shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Judicial review and civil enforcement of any agency action under article 15 of chapter 65 of the Kansas Statutes Annotated shall be in accordance with the Kansas judicial review act.
(c) If any order of the board in any administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated is adverse to the licensee the costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances, including the nature of the proceeding and the level of participation by the parties. If the board is the unsuccessful party, the costs shall be paid from the optometry fee fund. For purposes of this subsection, costs incurred shall mean the presiding officer fees and expenses, costs of making any transcripts, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services pursuant to K.S.A. 74-1504, and amendments thereto. Costs incurred shall not include presiding officer fees and expenses or costs of making and preparing the record unless the board has designated or retained the services of independent contractors to perform such functions. The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History:
L. 1990, ch. 223, § 14; L. 2010, ch. 17, § 133; L. 2012, ch. 8, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1519 Federal trade regulations; defense of certain acts.

65-1519.
Federal trade regulations; defense of certain acts.
The board shall not suspend, limit, restrict or revoke, the license of a licensee or privately or publicly censure a licensee for any reason or conduct for which a defense is provided for in title 16, part 456 of the code of federal regulations and amendments thereto from and after the date such trade regulation rule becomes effective.
History:
L. 1990, ch. 223, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1520 Mental or physical examination of licensee; computation of time limit for hearing.

65-1520.
Mental or physical examination of licensee; computation of time limit for hearing.
Whenever the board directs, pursuant to subsection (j) of K.S.A. 65-1517, that a licensee submit to a mental or physical examination, the time from the date of the board's directive until the submission to the board of the report of the examination shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.
History:
L. 1990, ch. 223, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1521 Reinstatement of license after revocation.

65-1521.
Reinstatement of license after revocation.
At any time after the expiration of one year, application may be made for reinstatement of any licensee whose license shall have been revoked, and such application shall be addressed to the secretary-treasurer of the board. The board may promulgate such rules and regulations concerning notice and hearing of such application as are deemed necessary.
History:
L. 1990, ch. 223, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1522 Professional corporations, limited liability company, associations, sole practitioners; practice locations, franchise agreements.

65-1522.
Professional corporations, limited liability company, associations, sole practitioners; practice locations, franchise agreements.
(a) A licensee may practice optometry under the name of a professional corporation, authorized by K.S.A. 17-2706, and amendments thereto, or a limited liability company authorized by K.S.A. 17-7668, and amendments thereto. Such professional corporate name or limited liability company name may contain a trade name or assumed name approved by the board.
(b) A licensee may practice as a sole practitioner or may associate with other licensees or health care providers licensed under the laws of the state of Kansas and may practice optometry as a sole practitioner or in such associations under a trade or assumed name approved by the board.
(c) A licensee may practice in a medical facility, medical care facility or a governmental institution or agency.
(d) A licensee shall not be limited in the number of locations from which the licensee may engage in the practice of optometry pursuant to subsections (a), (b) and (c).
(e) In all office locations a licensee shall:
(1) Provide adequate staff during the hours of its operation and shall provide the necessary optometric equipment to enable a licensee to provide adequate optometric care on the premises; and
(2) provide that there shall be present at the office location a person licensed by optometry law when optometric practice acts requiring a license are performed at the office location.
(f) Nothing herein contained shall be construed to permit the franchised practice of optometry except that a licensee may purchase a franchise to engage in the business of optical dispensing separate and apart from any of the licensee's offices for the practice of optometry so long as the terms of the franchise agreement do not violate the optometry law.
History:
L. 1990, ch. 223, § 18; L. 1996, ch. 95, § 6; L. 1999, ch. 23, § 7; L. 1999, ch. 152, § 1; January 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1523 Injunctive relief for violations of act, rules and regulations.

65-1523.
Injunctive relief for violations of act, rules and regulations.
The board in its discretion, in addition to any other remedies provided in this act, may apply to a court of competent jurisdiction for injunctive relief to restrain violations of the provisions of this act, lawful rules and regulations promulgated by the board under authority of this act.
History:
L. 1990, ch. 223, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1524 Practice of optometry by corporation or limited liability company prohibited, exceptions.

65-1524.
Practice of optometry by corporation or limited liability company prohibited, exceptions.
Nothing contained herein shall be construed to allow a corporation except as provided in K.S.A. 17-2706, and amendments thereto, or a limited liability company except as provided in K.S.A. 17-7668, and amendments thereto to practice, offer, or undertake to practice or hold itself out as practicing optometry.
History: L. 1990, ch. 223, § 20; L. 1999, ch. 23, § 8; L. 1999, ch. 152, § 2; January 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1525 Confidentiality of communications.

65-1525.
Confidentiality of communications.
The confidential communications between a licensed optometrist and the optometrist's patient are placed on the same basis of confidentiality as provided by law for communications between a physician and the physician's patients.
History:
L. 1990, ch. 223, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 15 - Regulation Of Optometrists › 65-1526 Civil fine.

65-1526.
Civil fine.
Upon a finding of the existence of any of the grounds listed in K.S.A. 65-1517, and amendments thereto, or upon a finding of any violation of the optometry law, in lieu of or in addition to any other action, the board may access a civil fine not in excess of $10,000 against a licensee. All fines collected pursuant to this section shall be remitted 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 and of the amount so remitted, an amount equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement, as certified by the president of the board to the state treasurer, shall be credited to the optometry board fee fund and the balance shall be credited to the state general fund.
History:
L. 1999, ch. 23, § 9; L. 2001, ch. 5, § 227; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1625 Title of act.

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.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627a Same; jurisdiction of board; petition, who may file; stipulation, order based thereon.

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 under the provision of the pharmacy act of the state of Kansas. The petition for the revocation, suspension, placing in a probationary status or denial of a renewal of a license, registration or permit may be filed: (a) By the attorney general in all cases; (b) by the district or county attorney of the county in which the licensee, or permit holder resides or in which a place of business or place of professional practice of such person is located; or (c) by a regularly employed attorney of the board. The petition shall be filed in the office of the executive secretary of the board.
The board and the person holding the license permit or registration may enter into a stipulation which shall be binding upon the board and such person entering into the stipulation, and the board may enter its enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the proceedings.
History:
L. 1975, ch. 319, § 4; L. 1986, ch. 231, § 11; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627b Same; direction by board to file petition or to prosecute.

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 it may give such direction upon the sworn statement of some person who resides in the county in which a place of business or place of professional practice of such person is located.
(b) The attorney general shall comply with such directions of the board and prosecute the action on behalf of the state, but the district or county attorney of any county where the licensee, registrant or permit holder has operated a place of business or place of professional practice, at the request of the attorney general or the board, shall appear and prosecute such action.
History:
L. 1975, ch. 319, § 5; L. 1986, ch. 231, § 12; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627c Same; form of petition, rules.

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 license, registration or permit shall be stated with reasonable definiteness. (c) Amendments may be made as in ordinary actions in the district court. (d) All allegations shall be deemed denied, but the person who holds the license, registration or permit may plead to the petition if such person so desires.
History:
L. 1975, ch. 319, § 6; L. 1986, ch. 231, § 13; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627f Same; powers of board; term of suspension, probation or revocation; hearing; orders.

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 denial of the renewal of a license, registration or permit. The license, registrant or permit holder shall not engage in the activity authorized by such license, registration or permit after a license, registration or permit is revoked or the renewal thereof denied or during the time for which it is suspended. If a license, registration or permit is suspended or placed on probation, the suspension or probation shall be for a definite period of time to be fixed by the board, and the license, registration or permit shall be reinstated and any limitations or conditions thereon removed upon the expiration of such period if all renewal fees have been paid. If such license, registration or permit is revoked, such revocation shall be for all time, except that at any time after the expiration of one year, application may be made for reinstatement of any license, registrant or permit holder whose license, registration or permit shall have been revoked, and such application shall be addressed to the executive secretary of the board. Such application shall be processed in accordance with the provisions of the Kansas administrative procedure act.
(b) All final orders entered in any proceeding shall be the action of the board with a quorum present at such meeting.
History:
L. 1975, ch. 319, § 9; L. 1986, ch. 231, § 15; L. 1988, ch. 356, § 197; L. 1998, ch. 98, § 2; April 16.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627h Costs of proceedings.

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 money in the state board of pharmacy fee fund. Witness fees and costs may be taxed according to the statutes applicable in the district courts.
(b) All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot be collected from the licensee, registrant or permit holder, shall be paid out of any available funds in the state treasury to the credit of the board.
(c) The board may consider nonpayment of costs which have been assessed against a person under this section when considering a motion for reinstatement of a license or registration by such person, or as a condition of probation.
History:
L. 1975, ch. 319, § 11; L. 1986, ch. 231, § 17; L. 1995, ch. 106, § 2; April 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627j Subpoenas.

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 materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any papers, books, records, documentary evidence or materials in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, upon application to any district judge of the state of Kansas, may be ordered to comply with such subpoena, and upon failure to comply with the order of the district judge, the court may compel obedience by attachment as for contempt as in the case of disobedience of a similar order or subpoena issued by the court. A subpoena may be served upon any person named therein, anywhere within the state of Kansas with the same fees and mileage by any officer authorized to serve subpoenas in civil actions in the same manner as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1999, ch. 38, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627k Certain records of board of pharmacy confidential; exceptions.

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 disclosed by the board or its employees in a manner that identifies or enables identification of the person who is the subject or source of the information, except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct that would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be disclosed by the receiving agency except as otherwise authorized by law.
(b) Except as provided in subsection (a), no applicant, registrant or individual shall have access to any complaint, investigation, report, record or information concerning a complaint or investigation in progress until the investigation and any enforcement action is completed. This section shall not be construed to authorize the release of records, reports or other information that are subject to other specific state or federal laws concerning their disclosure.
(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2021, ch. 106, § 1; June 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1627l Conditions of probation or disciplinary action; compliance inspections and audits; payment of costs.

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 registrant be subject to additional compliance inspections or audits and pay the actual costs of such inspections and audits.
(2) If a licensee or registrant fails to comply with a board order regarding the costs of additional inspections and audits, the board may impose additional disciplinary action against the licensee or registrant for failure to comply with a lawful order of the board under K.S.A. 65-1627, and amendments thereto.
(b) Actual costs under this section include, but are not limited to:
(1) Salaries and wages;
(2) travel, mileage and lodging;
(3) subsistence allowances;
(4) document storage, shipping and handling; or
(5) other expenses deemed reasonable and necessary by the board.
(c) All moneys assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and deposited in the state treasury to the credit of the state board of pharmacy fee fund.
(d) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2021, ch. 106, § 2; June 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1628 Order; judicial review.

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 of its decision and order and the reasons therefor.
(b) Any action of the board pursuant to K.S.A. 65-1627f, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History: L. 1953, ch. 290, § 14; L. 1975, ch. 319, § 12; L. 1986, ch. 231, § 18; L. 1986, ch. 318, § 90; L. 2010, ch. 17, § 134; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1628a Review bond.

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 be approved by the judge of the district court. The giving of such a bond by the licensee, registrant or permit holder shall not operate to stay the order of the board or restore the right of the licensee, registrant or permit holder to engage in the profession or business for which the license, registration or permit was issued or remove any condition upon engaging therein pending review, but a stay may be granted in accordance with K.S.A. 77-616, and amendments thereto.
History:
L. 1975, ch. 319, § 13; L. 1986, ch. 231, § 19; L. 1986, ch. 318, § 91; L. 1992, ch. 314, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1629 Inspection of drugs by board; samples; analyses; publication of results.

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, or kept in stock by any duly licensed practitioner or institutional drug room in the state, or when such inspection is required by the secretary of health and environment the drugs kept in stock by any medical care facility; and for this purpose shall have the right to enter and inspect during business hours any institutional drug room or any pharmacy or any other place in the state of Kansas where drugs are manufactured, packed, packaged, made, sold, offered for sale or kept for sale and may collect samples of such drugs upon payment therefor. The samples thus collected may be submitted for analysis to the office of laboratory services of the department of health and environment and the results of the analysis may be published by the state department of health and environment.
History:
L. 1953, ch. 290, § 15; L. 1975, ch. 319, § 15; L. 1979, ch. 193, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1630 Rules and regulations.

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 the secretary of state as required by article 4 of chapter 77 of the Kansas Statutes Annotated and amendments thereto.
History: L. 1953, ch. 290, § 16; L. 1975, ch. 319, § 16; L. 1988, ch. 366, § 16; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1633 Change of mailing address or email address of pharmacist.

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 the secretary shall make the proper alterations in the record kept for that purpose.
History:
L. 1953, ch. 290, § 19; L. 1962, ch. 37, § 3; L. 1975, ch. 319, § 19; L. 1982, ch. 263, § 3; L. 1986, ch. 231, § 22; L. 2017, ch. 34, § 3; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1634 Responsibility for quality of drugs sold; adulteration or mislabeling unlawful.

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 for the quality of all such drugs, medicines, chemicals and poisons which such person may sell, compound or put up except when sold in the original and unbroken pack, package, box or other container of the manufacturer. If any person intentionally adulterates or mislabels any drugs, medicines, chemicals or poisons, or causes the same to be adulterated or mislabeled or exposed for sale knowing the same to be adulterated or mislabeled, such person shall be guilty of a class A misdemeanor.
History:
L. 1953, ch. 290, § 20; L. 1975, ch. 319, § 20; L. 1986, ch. 231, § 23; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1635 Dispensing and administering of drugs by duly licensed practitioners, nurses and other persons; in-person encounter not required.

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 drugs, from compounding prescriptions or from administering, supplying or dispensing to such practitioner's patients such drugs as may be fit, proper and necessary. Except as provided in subsection (b) or (c), such drugs shall be dispensed by such practitioner and shall comply with the Kansas food, drug and cosmetic act and be subject to inspection as provided by law.
(b) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit any nurse or other person, acting under the direction of a duly licensed practitioner, from administering drugs to a patient.
(c) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit any registered nurse, acting under the supervision of a person who is licensed to practice medicine and surgery as of July 1, 1982, from dispensing drugs to patients of such person so long as the principal office of such person is, and as of July 1, 1982, was, located in a city not having a registered pharmacy within its boundaries. For the purposes of this subsection (c), "supervision" means guidance and direction of the dispensing of drugs by the person licensed to practice medicine and surgery who shall be physically present in the general location at which the drugs are being dispensed.
(d) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit a duly registered wholesale distributor from distributing a prescription-only drug pursuant to a veterinarian practitioner's written prescription or order where a valid veterinarian-client-patient relationship, VCPR, as defined in K.S.A. 47-816, and amendments thereto, exists, to the layman responsible for the control of the animal.
(e) Nothing contained in the pharmacy act of the state of Kansas shall require an in-person examination or encounter between a person licensed to practice medicine and surgery and the patient prior to a pharmacist filling or refilling any prescription.
History:
L. 1953, ch. 290, § 21; L. 1975, ch. 319, § 21; L. 1982, ch. 262, § 6; L. 1982, ch. 263, § 6; L. 1983, ch. 210, § 1; L. 1997, ch. 2, § 1; L. 1999, ch. 38, § 4; L. 2017, ch. 34, § 4; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1636 Sale of drugs limited to pharmacies; violations; exceptions.

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 shall be made by a pharmacist or other persons acting under the immediate personal direction and supervision of the pharmacist.
(b) The donation, acceptance, transfer, distribution or dispensing of any drug in compliance with the provisions of the utilization of unused medications act and any rules and regulations promulgated thereunder shall not constitute a violation of this section.
History:
L. 1953, ch. 290, § 22; L. 1975, ch. 319, § 22; L. 1986, ch. 231, § 24; L. 2009, ch. 48, § 1; L. 2013, ch. 114, § 7; L. 2017, ch. 34, § 5; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1637a Institutional drug rooms; supervision and record-keeping; rules and regulations.

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 storage of drugs by such drug room. For the purposes of this section, "practitioner" means any person licensed to practice medicine and surgery.
(b) The board shall adopt such rules and regulations relating to record-keeping and storage of drugs by institutional drug rooms as necessary for proper control of drugs by such drug rooms.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1979, ch. 193, § 5; L. 1986, ch. 231, § 26; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1637c Pharmacist required to be in charge of pharmacy; filling of certain prescriptions; refusal to fill; brand exchange. [See Revisor's Note]

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 otherwise provided by law, the compounding and dispensing of prescriptions shall be limited to pharmacists only.
(b) Except as otherwise provided by the pharmacy act of this state, when a pharmacist is not in attendance at a pharmacy, the premises shall be enclosed and secured.
History:
L. 1953, ch. 290, § 23; L. 1975, ch. 319, § 23; L. 1978, ch. 242, § 2; L. 1979, ch. 194, § 1; L. 1986, ch. 231, § 25; L. 1991, ch. 188, § 1; L. 1994, ch. 247, § 3; L. 1998, ch. 87, § 1; L. 2005, ch. 88, § 1; L. 2007, ch. 19, § 1; L. 2012, ch. 107, § 2; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1637d Automated prescription drug dispensing systems; pharmacist required to supervise; rules and regulations.

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 responsible for recordkeeping and storage of all drugs and verifying and documenting each prescription drug prepared or dispensed by such system.
(b) The board shall adopt such rules and regulations relating to automated dispensing systems as necessary for proper control and operation.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2017, ch. 34, § 7; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1637e Compounding of drugs and distribution of compounded drugs; rules and regulations.

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 and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2017, ch. 34, § 17; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1638 Sale of drugs and poisons by registered pharmacist.

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 pharmaceutical and medical works of recognized utility, but nothing in the pharmacy act of the state of Kansas shall be construed to protect any pharmacist who violates or in any way abuses this trust from the penalties for violations of the laws relating to the sale or distribution of drugs.
Nothing in the pharmacy act of the state of Kansas shall prohibit pharmacists from repackaging poisons according to applicable state and federal packaging and labeling laws. The sale of poisons shall conform to applicable state and federal laws.
History:
L. 1953, ch. 290, § 24; L. 1965, ch. 506, § 29; L. 1975, ch. 319, § 24; L. 1979, ch. 194, § 2; L. 1986, ch. 231, § 27; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1640 Act not applicable to manufacture or to certain sales of poisons.

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 the poison is sold in unbroken packages and is labeled as required by law.
History:
L. 1953, ch. 290, § 26; L. 1975, ch. 319, § 26; L. 1979, ch. 194, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1641 Display of pharmacist license; when unlawful.

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 public or which is visible to the public. It shall be unlawful for any licensed pharmacist to permit such license to be displayed in any place of business unless such pharmacist is actively engaged in the profession of pharmacy in such place of business.
History:
L. 1953, ch. 290, § 27; L. 1975, ch. 319, § 27; L. 1986, ch. 231, § 28; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1644 Duplicate licenses, registrations and permits; fees.

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 other person. Applications for such duplicate licenses, registrations and permits and the affidavits required by this section shall be made on forms furnished by the board. The fee for the issuance of a duplicate registration or permit shall not exceed $1.25 for permits, and $10 for certificates of registration.
History:
L. 1953, ch. 290, § 30; L. 1962, ch. 37, § 4; L. 1974, ch. 252, § 3; L. 1975, ch. 319, § 30; L. 1986, ch. 231, § 30; L. 2014, ch. 49, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1646 Violations of act or rules and regulations; penalty; revocation or suspension of registration or permit; notice and hearing.

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 guilty of a misdemeanor. Upon conviction, any person holding a registration or permit under the provisions of K.S.A. 65-1643 and amendments thereto may have such registration or permit revoked or suspended. No registration or permit shall be suspended or revoked without first giving the registrant or permitee notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1953, ch. 290, § 32; L. 1975, ch. 319, § 32; L. 1982, ch. 262, § 4; L. 1984, ch. 313, § 108; July 1, 1985.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1647 Repeated violations of act or rules and regulations may be enjoined.

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 restrain repetitious violations of the provisions of the pharmacy act of the state of Kansas or violations of any valid rule and regulation made under the authority conferred by such act.
History: L. 1953, ch. 290, § 33; L. 1975, ch. 319, § 33; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1649 Invalidity of part.

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 invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence or paragraph, section or part thereof involved in the controversy, in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that such act would have been enacted had such unconstitutional or invalid provisions not been included.
History:
L. 1953, ch. 290, § 35; L. 1967, ch. 342, § 6; L. 1975, ch. 319, § 45; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1650 Regulation of advertising of prescription-only drugs; exceptions and exclusions.

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: (1) Authorize the state board of pharmacy to require, regulate or prohibit the posting within a pharmacy of the current charges by such pharmacy for prescription-only drugs and services, nor, (2) restrict the offering of discounts on prescription-only drugs.
History:
L. 1974, ch. 252, § 5; L. 1975, ch. 319, § 35; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1651 Sections part of and supplemental to pharmacy act.

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; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1652 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.

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 information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character or a pharmacist shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association of pharmacists and the individual members of any committee thereof, which in good faith investigates or communicates information pertaining to the alleged incidents of malpractice or the qualifications, fitness or character of any pharmacist to the board of pharmacy or to any committee or agent thereof, shall be immune from liability in any civil action, that is based upon such information or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1976, ch. 261, § 5; L. 1986, ch. 231, § 31; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1653 References to registered pharmacists deemed to apply to licensed pharmacists.

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 under the pharmacy act of the state of Kansas, such reference or designation shall be deemed to apply to a licensed pharmacist under this act.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1986, ch. 231, § 38; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1654 Privileged communications.

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 between a physician and the physician's patient and records of prescriptions dispensed by a physician. Nothing in this subsection shall limit the authority of the board or other persons, as provided by law, from inspecting the book or file of prescription orders kept by a pharmacy or firm performing any duty or exercising any authority as otherwise provided by law.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1989, ch. 193, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1658 Civil fines for violations.

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 act, against any licensee or registrant under K.S.A. 65-1627(a), (c), (d), (e) and (f), 65-1643, 65-1657, 65-1663 and 65-1676, and amendments thereto, for violation of the pharmacy act of the state of Kansas, rules and regulations of the state board of pharmacy adopted under the pharmacy act of the state of Kansas or for violation of the federal or state uniform controlled substances act or rules and regulations of the state board of pharmacy adopted under the federal or state uniform controlled substances act or for violation of the federal or state food, drug and cosmetic act or any rules and regulations adopted under any such act in an amount not to exceed $5,000 for each violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, credited to the state board of pharmacy fee fund.
History:
L. 1994, ch. 118, § 1; L. 1995, ch. 106, § 5; L. 1998, ch. 98, § 6; L. 2001, ch. 5, § 229; L. 2002, ch. 184, § 4; L. 2021, ch. 106, § 14; June 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-1659 Pharmacies authorized to place certain drugs with home health agencies and hospices; protocols for drug handling and storage; review and inspection; definitions.

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 with a hospice's authorized employees for the betterment of public health. The pharmacy shall remain the legal owner of the drugs. A written agreement between the pharmacy and home health agency or hospice shall document the protocol for handling and storage of these drugs by authorized employees and shall be approved by the pharmacist in charge. The pharmacist in charge shall review the protocol to assure that safe, secure and accountable handling of legend drugs is maintained under the protocol before giving approval. The pharmacist in charge or a pharmacist designee shall physically inspect and review the drug storage and handling at the home health agency and the hospice at least quarterly during the year.
(b) The home health agency protocol and the hospice protocol shall include, but not be limited to, the following:
(1) Safe and secure storage of drugs;
(2) access to drugs limited to authorized employees;
(3) records of drugs checked out to authorized employees and records of drugs, amounts, to whom and by whom administered;
(4) prompt notification of the pharmacy when a drug is used, including the prescriber, patient, drug, dosage form, directions for use and other pertinent information;
(5) billing information;
(6) procedures for handling drugs beyond their expiration date; and
(7) inventory control.
(c) The following legend drugs shall be allowed under these agreements:
(1) Sterile water for injection or irrigation;
(2) sterile saline solution for injection or irrigation;
(3) heparin flush solution;
(4) diphenhydramine injectable; and
(5) epinephrine injectable.
(d) As used in this section: (1) "Authorized employee" means any employee of a home health agency or hospice who, in the course of the employee's duties, is licensed by the employee's appropriate licensing agency to administer legend drugs; (2) "home health agency" means an entity required to be licensed under K.S.A. 65-5102 and amendments thereto; and (3) hospice means an entity authorized to hold itself out to the public as a hospice or as a licensed hospice under K.S.A. 65-6202 and amendments thereto.
(e) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 1996, ch. 132, § 1; April 11.