reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 38 - Safety Materials › 65-3801 Safety glazing materials; definitions.

65-3801.
Safety glazing materials; definitions.
As used in this act: (a) "safety glazing material" means any glazing material, including but not limited to tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American national standards institute standard ANSI Z-97.1-1972 and which is so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
(b) "Hazardous locations" means:
(1) Those structural elements, glazed or to be glazed, in residential, industrial, commercial and public buildings, commonly known as interior and exterior framed or unframed glass entrance doors;
(2) Those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, industrial buildings, commercial buildings and public buildings, commonly known as sliding glass doors, including both fixed and sliding panels, storm doors, shower doors, bathtub enclosures and those fixed glazed panels immediately adjacent to framed and unframed entrance and exit doors.
(c) "Fixed glazed panels immediately adjacent to" means the first, fixed glazed panel on either or both sides of the door, not more than forty-eight (48) inches or less than eighteen (18) inches in width, but shall not include any glass panel more than eighteen (18) inches above the floor.
(d) "Residential building" means any building or structure or part thereof used and occupied for human habitation or intended to be so used, but such term shall not include single family dwellings.
History:
L. 1974, ch. 198, § 1; L. 1974, ch. 199, § 1; January 1, 1975.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 38 - Safety Materials › 65-3802 Same; labeling; information.

65-3802.
Same; labeling; information.
(a) Each light of safety glazing material installed in a hazardous location within the state shall have attached a transparent label which shall identify the labeler, whether the manufacturer or installer, and state that "safety glazing material" has been utilized in such installation. The label shall be legible and visible from the inside of the building after installation and shall specify that the label shall not be removed.
(b) Such safety glazing labeling shall not be used on other than safety glazing materials.
History:
L. 1974, ch. 198, § 2; January 1, 1975.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 38 - Safety Materials › 65-3803 Same; unlawful acts.

65-3803.
Same; unlawful acts.
It shall be unlawful within this state to knowingly install, cause to be installed or consent to the installation of glazing materials other than safety glazing materials in any hazardous location.
History:
L. 1974, ch. 198, § 3; January 1, 1975.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 38 - Safety Materials › 65-3804 Same; penalty; exception to liability.

65-3804.
Same; penalty; exception to liability.
Any person who violates any provision of this act shall be guilty of a class C misdemeanor, except that no liability under this act shall be created as to any person who is an employee of a contractor, subcontractor or other employer responsible for compliance with this act.
History:
L. 1974, ch. 198, § 4; January 1, 1975.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4001 Purpose of act.

65-4001.
Purpose of act.
It shall be the purpose of this act to provide for the development, establishment and enforcement of standards:
(1) For the care and treatment of individuals in public and private treatment facilities as defined herein;
(2) for the construction, maintenance and operation of public and private treatment facilities as defined herein, which will promote safe and adequate treatment of such individuals in alcohol or other drug treatment facilities.
History:
L. 1972, ch. 241, § 1; L. 1982, ch. 268, § 1; L. 2007, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4006 Powers of secretary.

65-4006.
Powers of secretary.
The secretary may:
(1) Plan for, establish, amend, and revise standards for treatment programs as necessary or desirable;
(2) make contracts necessary or incidental to the performance of the secretary's duties and the execution of the secretary's powers;
(3) solicit and accept for use any gift of money or property, real or personal, made by will or otherwise, and any grant of money, services or property from the federal government, the state or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(4) administer or supervise the administration of the provisions relating to persons with alcohol or other drug addiction of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation;
(5) coordinate its activities and cooperate with treatment facilities for alcohol or other drug addiction programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states for the treatment of persons with alcohol or other drug addiction and for the common advancement of treatment facilities;
(6) keep records, gather relevant statistics and make and disseminate analysis of same;
(7) do other acts and things necessary to execute the authority expressly granted to the secretary.
History: L. 1972, ch. 241, § 6; L. 1975, ch. 330, § 7; L. 2007, ch. 95, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4011 Duties of secretary; comprehensive program for treatment; regional organization; list of approved treatment facilities.

65-4011.
Duties of secretary; comprehensive program for treatment; regional organization; list of approved treatment facilities.
(a) The secretary shall establish a comprehensive and coordinated plan for the prevention and treatment of persons with alcohol or other drug addiction. The secretary shall divide the state into appropriate regions for the conduct of the plan and establish standards for the development of the plan on the regional level. In establishing the regions, consideration shall be given to any existing regional organization being utilized by other state agencies engaged in the delivery of health care.
(b) The plan of the secretary shall include:
(1) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment;
(4) outpatient and after care treatment; and
(5) prevention education and training.
(c) The secretary shall prepare, publish and distribute annually a list of all public and private treatment facilities.
History: L. 1972, ch. 241, § 11; L. 1975, ch. 330, § 9; L. 1982, ch. 268, § 4; L. 2007, ch. 95, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4012 Licensure of treatment facilities.

65-4012.
Licensure of treatment facilities.
(a) No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish or operate a public or private treatment facility in this state without a license under this law.
(b) Violation of this section is a class C misdemeanor.
History:
L. 1972, ch. 241, § 12; L. 1996, ch. 235, § 7; L. 2007, ch. 95, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4013 Application for license; rules and regulations; fees.

65-4013.
Application for license; rules and regulations; fees.
(a) An application for a license to establish, conduct, manage or operate a treatment facility shall be made to the secretary upon forms provided by the secretary and shall contain such information as the secretary may require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted pursuant to this act. All applications must be accompanied by an application fee not to exceed $100 as fixed by the secretary by rules and regulations. The application fee in effect under this section on the day preceding the effective date of this act shall continue in effect until the secretary fixes a different application fee by rules and regulations.
(b) The secretary of health and environment may adopt rules and regulations with regard to the health standards which must be maintained by treatment facilities and may enforce such rules and regulations in accordance with the authority granted the secretary of health and environment under K.S.A. 65-425 et seq., and amendments thereto. If the rules and regulations of the secretary of health and environment establish such standards, an application under this section shall be accompanied by certification from the secretary of health and environment that the applicant has met the requirements established by such rules and regulations.
History:
L. 1972, ch. 241, § 13; L. 1975, ch. 330, § 10; L. 1976, ch. 280, § 24; L. 1976, ch. 279, § 1; L. 1979, ch. 191, § 16; L. 1985, ch. 208, § 6; L. 1987, ch. 243, § 1; L. 1996, ch. 235, § 8; L. 2007, ch. 95, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4014 Issuance or renewal of license; fees; term of license; rules and regulations.

65-4014. Issuance or renewal of license; fees; term of license; rules and regulations.
(a) The secretary shall issue a license if the applicant meets the minimum requirements established by or pursuant to this act for a treatment facility. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the secretary. Licenses shall be posted in a conspicuous place on the licensed premises.
(b) (1) The secretary may renew a license at the end of one, two or three years depending upon a facility's level of compliance with the rules and regulations adopted by the secretary pursuant to K.S.A. 65-4016, and amendments thereto.
(2) Programs and treatments provided by a treatment facility that have been licensed by the secretary for aging and disability services and that have also been accredited by the commission on accreditation of rehabilitation services, the joint commission or the council on accreditation or another national accrediting body approved by the Kansas department for aging and disability services shall be granted a license based on such accreditation.
(A) The Kansas department for aging and disability services shall inspect accredited treatment facilities to determine compliance with state licensing standards and rules and regulations not covered by the accrediting entity's standards. Treatment facilities receiving accreditation shall continue to be subject to inspections and investigations from complaints.
(B) In the event that an accredited treatment facility loses its accreditation, the treatment facility shall immediately notify the Kansas department for aging and disability services.
History:
L. 1972, ch. 241, § 14; L. 1975, ch. 330, § 11; L. 1987, ch. 243, § 2; L. 1996, ch. 235, § 9; L. 2007, ch. 95, § 8; L. 2018, ch. 9, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4015 Denial, suspension or revocation of license; notice and hearing; judicial review.

65-4015.
Denial, suspension or revocation of license; notice and hearing; judicial review.
The secretary, after notice and opportunity for hearing to the applicant or licensee, may deny, suspend or revoke a license if the secretary finds that there has been a substantial failure to comply with the requirements established under this act. Such notice shall fix a date, not less than 30 days from the date of such notice, at which the applicant or licensee shall be given an opportunity for a hearing.
Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
Any action of the secretary under this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1972, ch. 241, § 15; L. 1975, ch. 330, § 12; L. 1986, ch. 318, § 108; L. 1988, ch. 356, § 212; L. 1996, ch. 235, § 10; L. 2010, ch. 17, § 157; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4016 Rules and regulations; selection of employees.

65-4016. Rules and regulations; selection of employees.
The secretary shall adopt rules and regulations with respect to treatment facilities to be licensed and designed to further the accomplishment of the purposes of this law in promoting a safe and adequate treatment program for individuals in treatment facilities in the interest of public health, safety and welfare. Boards of trustees or directors of institutions licensed under this act shall have the right to select the professional staff members of such institutions and to select and employ interns, nurses and other personnel.
History:
L. 1972, ch. 241, § 16; L. 1975, ch. 330, § 13; L. 1976, ch. 279, § 2; L. 1992, ch. 184, § 6; L. 1994, ch. 14, § 1; L. 1996, ch. 235, § 11; L. 2016, ch. 92, § 85; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4017 Time for compliance with rules, regulations and standards.

65-4017.
Time for compliance with rules, regulations and standards.
Any treatment facility which is in operation at the time of adoption of rules and regulations or minimum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed two years from the date of such adoption to comply with such rules and regulations and minimum standards.
History:
L. 1972, ch. 241, § 17; L. 1996, ch. 235, § 12; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4018 Inspections and investigations; rules and regulations concerning facility alteration or construction; preliminary inspections; consultations.

65-4018.
Inspections and investigations; rules and regulations concerning facility alteration or construction; preliminary inspections; consultations.
The secretary shall make or cause to be made inspections and investigations as the secretary deems necessary. A licensee shall be inspected at least once each licensing period. The secretary may adopt rules and regulations that any licensee or applicant desiring to make specified types of alteration or additions to its facilities or to construct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the secretary of health and environment for preliminary inspection and approval or recommendations with respect to compliance with the standards and rules and regulations authorized by Kansas statutes. Necessary conferences and consultations may be provided.
History: L. 1972, ch. 241, § 18; L. 1975, ch. 330, § 14; L. 1987, ch. 243, § 3; L. 1996, ch. 235, § 13; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4019 Information confidential.

65-4019.
Information confidential.
Information received by the secretary through filed reports, inspections, or as otherwise authorized under this act, shall not be disclosed in such manner as to identify any individual, except in a proceeding involving the question of licensure or pursuant to an order by a court of competent jurisdiction.
History: L. 1972, ch. 241, § 19; L. 1975, ch. 330, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4023 Injunction.

65-4023.
Injunction.
Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment or operation of a treatment facility without a license under this law.
History: L. 1972, ch. 241, § 23; L. 1975, ch. 330, § 17; L. 1976, ch. 279, § 3; L. 2007, ch. 95, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4024 Acceptance for treatment; rules and regulations; standards.

65-4024.
Acceptance for treatment; rules and regulations; standards.
The secretary shall adopt rules and regulations for acceptance of persons into a licensed treatment facility. In adopting rules and regulations the secretary shall be guided by the following:
(1) If possible a person shall be treated on a voluntary rather than an involuntary basis.
(2) A person shall be assessed to determine the appropriateness of the treatment and shall receive treatment in the least restrictive treatment environment possible.
(3) A person shall not be denied treatment solely because such person has withdrawn from treatment against medical advice on a prior occasion or because such person has relapsed after earlier treatment.
(4) An individualized treatment plan shall be prepared and maintained on a current basis for each person.
(5) Provisions shall be made for a continuum of coordinated treatment services, so a person who leaves a facility or a form of treatment will have available other appropriate treatment.
History: L. 1972, ch. 241, § 24; L. 1975, ch. 330, § 18; L. 1996, ch. 235, § 14; L. 2007, ch. 95, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4024b Remittance of moneys received from licensing fees.

65-4024b. Remittance of moneys received from licensing fees.
The secretary shall remit all moneys received from fees for licensing alcohol or other drug treatment facilities 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. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the other state fees fund of the Kansas department for aging and disability services.
History:
L. 2007, ch. 95, § 9; L. 2011, ch. 53, § 34; L. 2014, ch. 115, § 266; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4024c Rules and regulations; authority of secretary validated.

65-4024c.
Rules and regulations; authority of secretary validated.
(a) The rules and regulations adopted by the secretary under K.S.A. 65-4001 through 65-4024, and amendments thereto, or K.S.A. 65-4601 through 65-4611, and amendments thereto, and in effect on the day preceding the effective date of this act are hereby specifically continued in full force and effect on the effective date of this act as duly adopted rules and regulations subject to amendment and revocation under the provisions of this act.
(b) Each license issued by the secretary under K.S.A. 65-4603, prior to that statute's repeal on the effective date of this act, shall continue to be effective as a license for the treatment facility for which it was issued and for the license period for which it was issued, shall be subject to being suspended or revoked in accordance with the provisions of this act, and may be renewed in accordance with the provisions of this act.
(c) For the period commencing on July 1, 1998, and ending on the effective date of this act, any action taken by the secretary of the department of social and rehabilitation services in the performance of any duty assigned to the secretary by K.S.A. 65-4001, 65-4002, 65-4006, 65-4007, 65-4011 through 65-4020 and 65-4022 through 65-4024, and amendments thereto, shall be deemed to have been authorized and done in compliance with the provisions of such statutes in existence at the time of the performance of such duty and the performance of such duty is hereby validated.
History:
L. 2007, ch. 95, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4024d Citation of act.

65-4024d.
Citation of act.
K.S.A. 65-4001, 65-4006, 65-4007, 65-4011 through 65-4019, 65-4023, 65-4024, and K.S.A. 65-4024a through 65-4024d, and amendments thereto, shall be known and may be cited as the alcohol or other drug addiction treatment act.
History:
L. 2007, ch. 95, § 13; L. 2007, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 40 - Alcoholism And Intoxication Treatment › 65-4059 Cities and counties prohibited from adopting certain enactments relating to intoxicated persons; exceptions.

65-4059.
Cities and counties prohibited from adopting certain enactments relating to intoxicated persons; exceptions.
No county or city shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication by alcohol in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation, or the subject of criminal penalties. Nothing herein contained shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol, or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
History:
L. 1977, ch. 211, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4103 Nomenclature.

65-4103.
Nomenclature.
The controlled substances listed or to be listed in the schedules in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113 are included by whatever official, common, usual, chemical, or trade name designated.
History:
L. 1972, ch. 234, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4115 Fees.

65-4115.
Fees.
The board may charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.
History: L. 1972, ch. 234, § 15; L. 1974, ch. 258, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4117 Registration.

65-4117.
Registration.
(a) The board shall register an applicant to manufacture, dispense or distribute controlled substances included in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(2) compliance with applicable state and local law;
(3) any conviction of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture, dispensing or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under this act;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.
(c) Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to prescribe or to conduct research under the laws of this state.
(d) Pharmacists shall be registered to dispense schedule I designated prescription substances and controlled substances in schedules II through V if none of the grounds for revocation, suspension or refusal to renew a registration exist at the time of application.
(e) The board need not require separate registration under this act for practitioners or pharmacists engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this act in another capacity. Practitioners or pharmacists registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.
(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.
History:
L. 1972, ch. 234, § 17; L. 1986, ch. 242, § 1; May 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4118 Revocation and suspension of registration.

65-4118.
Revocation and suspension of registration.
(a) A registration under K.S.A. 65-4117 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any application filed under this act;
(2) has been convicted of a felony under any state or federal law relating to any controlled substance;
(3) has violated any rule or regulation of the board controlling the manufacture, distribution or dispensing of the controlled substances contained in the schedules promulgated in the rules and regulations of the board; or
(4) has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances.
(b) The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition shall be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefor orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances shall be forfeited to the state.
(d) The board shall promptly notify the bureau of all orders suspending or revoking registration and all forfeitures of controlled substances.
History: L. 1972, ch. 234; § 18; L. 1974, ch. 258, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4119 Denial, suspension, revocation or refusal to renew registration; order to show cause.

65-4119.
Denial, suspension, revocation or refusal to renew registration; order to show cause.
(a) Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. In the case of a denial or renewal of registration the show cause order shall be served not later than 15 days before the expiration of the registration. Proceedings on a show cause order shall be conducted in accordance with the provisions of the Kansas administrative procedure act without regard to any criminal prosecution or other proceeding.
(b) In accordance with the provisions of K.S.A. 77-536 and amendments thereto, the board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under K.S.A. 65-4118 and amendments thereto, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
History:
L. 1972, ch. 234, § 19; L. 1988, ch. 356, § 213; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4120 Judicial review of board's actions.

65-4120.
Judicial review of board's actions.
Any action of the board pursuant to the uniform controlled substances act is subject to review in accordance with the Kansas judicial review act.
History:
L. 1972, ch. 234, § 20; L. 1986, ch. 318, § 109; L. 2010, ch. 17, § 158; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4121 Registrants to keep records and inventories.

65-4121.
Registrants to keep records and inventories.
Persons registered to manufacture, distribute or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules and regulations the board issues.
History:
L. 1972, ch. 234, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4122 Order forms for distribution of substances in schedules I and II.

65-4122.
Order forms for distribution of substances in schedules I and II.
Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
History:
L. 1972, ch. 234, § 22; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4123 Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements.

65-4123. Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements.
(a) Except as otherwise provided in K.S.A. 65-4117, and amendments thereto, or in this subsection (a), no schedule I controlled substance may be dispensed. The board by rules and regulations may designate in accordance with the provisions of this subsection (a) a schedule I controlled substance as a schedule I designated prescription substance.
(b) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a prescriber. In emergency situations, as defined by rules and regulations of the board, schedule II drugs may be dispensed upon oral prescription of a prescriber reduced promptly to writing or transmitted electronically and filed by the pharmacy. No prescription for a schedule II substance may be refilled.
(c) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III, IV or V which is a prescription drug shall not be dispensed without either a paper prescription manually signed by a prescriber, a facsimile of a manually signed paper prescription transmitted by the prescriber or the prescriber's agent to the pharmacy, an electronic prescription that has been digitally signed by a prescriber with a digital certificate, or an oral prescription made by an individual prescriber and promptly reduced to writing. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times.
(d) A controlled substance shall not be distributed or dispensed except by a valid prescription order as defined in K.S.A. 65-1626, and amendments thereto. Electronic prescriptions shall be retained electronically for five years from the date of their creation or receipt. The records must be readily retrievable from all other records and easily rendered into a format a person can read. Paper, oral and facsimile prescriptions shall be maintained as a hard copy for five years at the registered location.
History:
L. 1972, ch. 234, § 23; L. 1972, ch. 235, § 1; L. 1982, ch. 269, § 7; L. 1986, ch. 242, § 2; L. 1999, ch. 115, § 15; L. 2012, ch. 107, § 10; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4123a Gratuitous distribution of certain controlled substances prohibited.

65-4123a. Gratuitous distribution of certain controlled substances prohibited.
A controlled substance listed in schedules II through V, excluding schedule V nonnarcotic depressants that have an effect on the central nervous system, shall not be distributed on a gratuitous basis by a manufacturer or distributor to a practitioner, mid-level practitioner, pharmacist or any other person.
History:
L. 2012, ch. 107, § 11; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4127c General penalties; criminal penalties not applicable to violations of regulations.

65-4127c.
General penalties; criminal penalties not applicable to violations of regulations.
Any person violating any of the provisions of the uniform controlled substances act shall be guilty of a class A nonperson misdemeanor. The criminal penalties prescribed for violations of the uniform controlled substances act shall not be applicable to violations of the rules and regulations adopted by the board pursuant thereto.
History:
L. 1973, ch. 259, § 3; L. 1974, ch. 258, § 10; L. 1994, ch. 291, § 78; L. 1994, ch. 338, § 12; L. 2009, ch. 32, § 55; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4127e Sentencing under K.S.A. 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993.

65-4127e. Sentencing under K.S.A. 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993.
(a) For purposes of sentencing pursuant to this act, substances and quantities shall be as follows:
SUBSTANCE    gm
Alpha-Methylfentanyl    1
Amphetamine    25
Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid    50
Cannabis Resin or Hashish   25
Cocaine    25
D-Lysergic Acid    .2 pure or
Diethylamide/Lysergide/LSD    200 dosage units
Dextropropoxyphene/Propoxyphene    100
Diazepam    50
Diethyltryptamine/DET    50
Dimethyltryptamine/DMT    50
Fentanyl    2
Hashish Oil    10
Heroin    5
Hydrocodone/Dihydrocodeinone    50
Hydromorphone/Dihydromorphinone    25
Marijuana/Cannabis    1500
Marijuana/Cannabis Plant    50 plants
Meperidine/Pethidine    100
Mescaline    10
Methamphetamine    25
Methaqualone    50
Morphine    25
Mushrooms containing Psilocyn and/or Psilocybin    100
Opium    100
Oxycodone    25
Pentazocine    50
Peyote    100
Phencyclidine/PCP    5
Phentermine    50
Phenylacetone PP    25
Psilocyn    2
Psilocybin    2
Tetrahydrocannabinol    5
3-Methylfentanyl    1
3,4-Methylene-dioxyamphetamine/MDA    10
3,4-Methylene-dioxymethamphetamine/MDMA    10
(b) Any reference to a particular controlled substance in this section includes all salts, isomers and all salts of isomers. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed.
(c) The scale amounts for all controlled substances in this section refer to the total weight of the controlled substance. If any mixture of a compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be considered in measuring the quantity. If a mixture or compound contains a detectable amount of more than one controlled substance, the most serious controlled substance shall determine the categorization of the entire quantity.
(d) The provisions of this section shall not be applicable to crimes committed on or after July 1, 1993.
History:
L. 1988, ch. 257, § 3; L. 1992, ch. 239, § 283; L. 2016, ch. 95, § 5; May 26.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4128 Penalties in addition to remedies under other laws.

65-4128.
Penalties in addition to remedies under other laws.
Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
History:
L. 1972, ch. 234, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4130 Enforcement.

65-4130.
Enforcement.
It is hereby made the duty of the state board of pharmacy and its duly authorized officers, agents, inspectors and representatives, and all law enforcement officers within the state, all county attorneys, the attorney general and the secretary of health and environment to enforce all provisions of this act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic, hypnotic, somnifacient or stimulating drugs.
History: L. 1972, ch. 234, § 30; L. 1975, ch. 462, § 105; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4131 Inspection.

65-4131.
Inspection.
The board and its duly authorized agents and employees may inspect controlled premises and practitioners' offices during business hours and in a lawful manner upon presenting appropriate credentials for the purpose of examining: (a) Any books, inventories, records or other documents required to be kept by a registrant under the provisions of this act or regulations issued pursuant thereto;
(b) all pertinent equipment, finished and unfinished material, containers and labeling found therein and, all other things therein, including but not limited to processes, controls and facilities; and
(c) inventory any stock of any controlled substance therein and obtain samples thereof upon payment therefor.
History:
L. 1972, ch. 234, § 31; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4134 Identity of patient or research subject of practitioner confidential.

65-4134.
Identity of patient or research subject of practitioner confidential.
A practitioner engaged in medical practice or research or a mid-level practitioner acting in the usual course of such mid-level practitioner's practice is not required or compelled to furnish the name or identity of a patient or research subject to the board, nor may such practitioner or mid-level practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or mid-level practitioner is obligated to keep confidential.
History:
L. 1972, ch. 234, § 34; L. 1999, ch. 115, § 16; April 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4137 Pending proceedings.

65-4137.
Pending proceedings.
(a) Prosecution for any violation of law similar to one set out in K.S.A. 65-4124 to 65-4126, inclusive, occurring prior to the effective date of this act is not affected or abated by this act. A violation of law is committed prior to the effective date of this act if any of the essential elements of the violation occurred before that date. Prosecutions for prior violations of law shall be governed, prosecuted and punished under the laws existing at the time such violations of law were committed;
(b) civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act shall not be affected by this act;
(c) the board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state; and
(d) this act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.
History:
L. 1972, ch. 234, § 37; L. 1972, ch. 235, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4138 Medical care facility exemption.

65-4138.
Medical care facility exemption.
Nothing in this act shall be construed to prohibit a medical care facility licensed by the secretary of health and environment from keeping controlled items in a drug room of the medical care facility or supplying such controlled items in a drug room of the medical care facility or supplying such controlled items to its patients as provided under the provisions of K.S.A. 65-1648 and amendments thereto.
History: L. 1972, ch. 234, § 38; L. 1975, ch. 462, § 106; L. 1985, ch. 214, § 3; April 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4139 Citation of act.

65-4139.
Citation of act.
Article 41 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be known and may be cited as the uniform controlled substances act.
History:
L. 1972, ch. 234, § 39; L. 2009, ch. 32, § 56; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4140 Severability.

65-4140.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1972, ch. 234, § 40; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4157 Severability of provisions of act.

65-4157.
Severability of provisions of act.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History:
L. 1981, ch. 140, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4167 Trafficking in counterfeit drugs.

65-4167.
Trafficking in counterfeit drugs.
(a) Trafficking in counterfeit drugs is intentionally manufacturing, distributing, dispensing, selling or delivering for consumption purposes, or holding or offering for sale, any counterfeit drug.
(b) Trafficking in counterfeit drugs which have a retail value of less than $500 is a class A nonperson misdemeanor, trafficking in counterfeit drugs which have a retail value of at least $500 but less than $25,000 is a severity level 9, nonperson felony and trafficking in counterfeit drugs which have a retail value of $25,000 or more is a severity level 7, nonperson felony.
(c) A pharmacy which is inadvertently in possession of counterfeit drugs may return those drugs to the supplier who provided the drugs to the pharmacy.
History:
L. 2006, ch. 177, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 41 - Controlled Substances › 65-4169 Severability clause.

65-4169.
Severability clause.
The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
History:
L. 2007, ch. 169, § 14; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4201 Citation of act.

65-4201.
Citation of act.
This act may be cited as the mental health technician's licensure act.
History:
L. 1973, ch. 308, § 1; July 1, 1974.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4202 Definitions.

65-4202. Definitions.
As used in this act: (a) "Board" means the board of nursing.
(b) The "practice of mental health technology" means the performance, under the direction of a physician licensed to practice medicine and surgery or registered professional nurse, of services in caring for and treatment of the mentally ill, emotionally disturbed, or people with intellectual disability for compensation or personal profit that:
(1) Involve participation and provision of input into the development of person-centered treatment plans and therapeutic procedures for individuals or groups of individuals specified in subsection (b) requiring interpersonal and technical skills in the observations and recognition of symptoms and reactions of such individuals, the accurate recording of such symptoms and reactions and the carrying out of treatments and medications as prescribed by a licensed physician or a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto;
(2) require an application of techniques and procedures that involve understanding of cause and effect and the safeguarding of life and health of the individual and others; and
(3) require the performance of duties that are necessary to facilitate habitation and rehabilitation of the individual or are necessary in the physical, therapeutic and psychiatric care of the individual and require close work with persons licensed to practice medicine and surgery, psychiatrists, psychologists, rehabilitation therapists, social workers, registered nurses, and other professional personnel.
(c) A "licensed mental health technician" means a person who lawfully practices mental health technology as defined in this act.
(d) An "approved course in mental health technology" means a program of training and study including a basic curriculum that shall be prescribed and approved by the board in accordance with the standards prescribed herein, the successful completion of which shall be required before licensure as a mental health technician, except as hereinafter provided.
History:
L. 1973, ch. 308, § 2; L. 1988, ch. 259, § 1; L. 1992, ch. 151, § 3; L. 1999, ch. 115, § 17; L. 2012, ch. 91, § 44; L. 2017, ch. 34, § 22; L. 2017, ch. 100, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4204 Title and abbreviations.

65-4204.
Title and abbreviations.
Any person so licensed as a mental health technician in this state shall have the right to use the title "licensed mental health technician" and the abbreviation "L.M.H.T.," and it shall be unlawful for any person not licensed as herein provided to assume or use such title or abbreviation.
History:
L. 1973, ch. 308, § 4; July 1, 1974.