Kansas Administrative Regulations › Agency 68 - KANSAS STATE BOARD OF PHARMACY › Article 20 - CONTROLLED SUBSTANCES › Section 68-20-19 - Controlled substances listed in schedule II

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) A pharmacist shall dispense a controlled
			 substance listed in schedule II that is a prescription-only drug only pursuant
			 to a signed prescription issued in accordance with
			 K.A.R.
			 68-20-18, except as provided in paragraph
			 (a)(4).
(2) A prescription under
			 the provisions of paragraph (a)(1) shall not be filled in either of the
			 following circumstances:
(A) More than 90 days
			 after the original date of issue appearing on the prescription; or
(B) before or after any date specified on the
			 prescription by the prescriber.
(3)
(A) For
			 an emergency, as defined by paragraph (a) (4), a pharmacist may dispense a
			 controlled substance listed in schedule II upon receiving the oral
			 authorization of a prescriber, if all of the following requirements are met:
(i) The quantity prescribed and dispensed
			 shall be limited to the amount adequate to treat the patient during the
			 emergency period. Dispensing beyond the emergency period shall be pursuant to a
			 signed prescription issued in accordance with
			 K.A.R.
			 68-20-18.
(ii) The prescription shall be immediately
			 reduced to a hard copy by the pharmacist and shall contain all information
			 required under
			 K.A.R.
			 68-20-18 except for the signature of the
			 prescriber.
(iii) If the prescriber
			 is not known to the pharmacist, the pharmacist shall make a reasonable effort
			 to determine that the authorization came from the prescriber, which may include
			 a call back to the prescriber, using the prescriber's phone number as listed in
			 the telephone directory or other good faith efforts to ensure the prescriber's
			 identity, or both.
(iv) Within
			 seven days after authorizing an emergency prescription drug order, the
			 prescriber shall cause a written or electronic prescription drug order for the
			 emergency quantity prescribed to be delivered to the dispensing
			 pharmacist.
(B) In
			 addition to meeting the requirements of
			 K.A.R.
			 68-20-18, the prescription drug order shall
			 have written on its face "Authorization for Emergency Dispensing" and the date
			 of the prescription drug order.
(C)
			 The written or electronic prescription drug order shall be delivered to the
			 pharmacist in person within seven days of authorization or, if the written
			 prescription is delivered by mail, it shall be postmarked within the seven-day
			 period.
(D) Upon receipt, the
			 dispensing pharmacist shall attach this written prescription drug order to the
			 pharmacist's record of the emergency prescription drug order. For each
			 electronic prescription, the dispensing pharmacist shall annotate the record of
			 the electronic prescription with the original authorization and date of the
			 oral order.
(E) The pharmacist
			 shall notify the nearest office of the U.S. drug enforcement administration
			 (DEA) if the prescribing practitioner fails to deliver a written or electronic
			 prescription drug order to the pharmacist. Failure of the pharmacist to notify
			 the DEA shall void the authority conferred by this regulation to dispense
			 without a written or electronic prescription of a
			 prescriber.
(4) For the
			 purposes of authorizing a prescription of any controlled substance listed in
			 schedule II of the federal or state uniform controlled substances act, the term
			 "emergency situation" shall mean any situation in which the prescriber
			 determines the following:
(A) That immediate
			 administration of the controlled substance is necessary for proper treatment of
			 the intended ultimate user;
(B)
			 that no appropriate alternative treatment is available, including
			 administration of a drug that is not a controlled substance under schedule II
			 of the act; and
(C) that it is not
			 reasonably possible for the prescriber to provide a written prescription to be
			 presented, before dispensing, to the pharmacist dispensing the
			 substance.