Session Law

Identifying Information:L. 2002 ch. 184
Other Identifying Information:2002 Senate Bill 482
Tax Type:Other
Brief Description:An Act concerning the pharmacy act of the state of Kansas; licensure and fees relating thereto; civil fines; amending K.S.A. 2001 Supp. 65-1631, 65-1632, 65-1645 and 65-1658 and repealing the existing sections.
Keywords:


Body:

CHAPTER 184

SENATE BILL No. 482


An Act concerning the pharmacy act of the state of Kansas; licensure and fees relating

thereto; civil fines; amending K.S.A. 2001 Supp. 65-1631, 65-1632, 65-1645 and 65-1658


and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 65-1631 is hereby amended to read as

follows: 65-1631. (a) It shall be unlawful for any person to practice as a

pharmacist in this state unless such person is licensed by the board as a

pharmacist. Except as otherwise provided in subsection (d), every appli-

cant for licensure as a pharmacist shall be at least 18 years of age, shall

be a graduate of a school or college of pharmacy or department of a

university recognized and approved by the board, shall file proof satisfac-

tory to the board, substantiated by proper affidavits, of a minimum of one

year of pharmaceutical experience, acceptable to the board, under the

supervision of a preceptor and shall pass an examination administered

approved by the board. Pharmaceutical experience as required in this

section shall be under the supervision of a preceptor and shall be pre-

dominantly related to the dispensing of prescription medication, com-

pounding prescriptions, preparing pharmaceutical preparations and keep-

ing records and making reports required under state and federal statutes.

A school or college of pharmacy or department of a university recognized

and approved by the board under this subsection (a) shall have a standard

of education not below that of the university of Kansas school of phar-

macy. The board shall adopt rules and regulations establishing the criteria

which a school or college of pharmacy or department of a university shall

satisfy in meeting the standard of education established under this sub-

section (a).

(b) All applications for examinations licensure by examination shall

be made on a form to be prescribed and furnished by the board and shall

be filed with the board at least 30 days before examinations are to be

held. Each application must for a new license by examination shall be

accompanied by an examination a license fee fixed by the board as pro-

vided in K.S.A. 65-1645 and amendments thereto unless the board re-

quires the examination fees be paid directly to an examination service as

provided in K.S.A. 65-1645 and amendments thereto.

(c) The board is authorized to adopt rules and regulations relating to

the grades which an applicant must receive in order to pass the exami-

nation.

(d) Notwithstanding the preceding provisions of this section, the

board may in its discretion license as a pharmacist, without examination,

any person who is duly registered or licensed by examination in some

other state, except that the board may require that such person take the

law examination administered approved by the board. Such person shall

file proof satisfactory to the board of having the education and training

required of applicants for licensure under the provisions of the pharmacy

act of this state. Persons who are registered or licensed as pharmacists by

examination in other states shall be required to satisfy only the require-

ments which existed in this state at the time they become registered or

licensed in such other states. The provisions of this subsection shall apply

only if the state in which the person is registered or licensed grants, under

like conditions, reciprocal registrations or licenses as pharmacists, without

examination, to pharmacists duly licensed by examination in this state.

Reciprocal licensure shall not be denied to any applicant otherwise qual-

ified for reciprocal licensure under this section who has met the intern-

ship requirements of the state from which the applicant is reciprocating

or who has at least one year of practice as a licensed pharmacist. A recip-

rocal licensure may be denied for any of the reasons set forth in subsec-

tions (a)(1) through (a)(13) of K.S.A. 65-1627 and amendments thereto.

(e) In the event that an applicant for reciprocal licensure has not been

subject to laws requiring continuing education as a condition for renewal

of a registration or license, such applicant shall be required to satisfy the

board through a competency examination that the applicant has the

knowledge and ability to meet Kansas standards for licensure as a phar-

macist.

(f) No applicant who has taken the examination for licensure given

approved by the board and has failed to complete it successfully shall be

considered for licensure by reciprocity within one year from the date such

applicant sat for the examination.

(g) All applicants for reciprocal licensure shall file their applications

on a form to be prescribed and furnished by the board and such appli-

cation shall be accompanied by a reciprocal licensure fee fixed by the

board as provided in K.S.A. 65-1645 and amendments thereto. The re-

ciprocal licensure fee established by this section immediately prior to the

effective date of this act shall continue in effect until a different reciprocal

licensure fee is fixed by the board by rules and regulations as provided

in K.S.A. 65-1645 and amendments thereto.

(h) The board shall take into consideration any felony conviction of

such person, but such conviction shall not automatically operate as a bar

to licensure.

(i) All applicants for licensure who graduate from a school or college

of pharmacy outside the United States or who graduate from a school or

college of pharmacy not approved by the board shall submit information

to the board, as specified by rules and regulations, and this information

shall be accompanied by an evaluation fee fixed by the board as provided

in K.S.A. 65-1645 and amendments thereto, which evaluation fee shall

be in addition to any other fee paid by the applicant under the pharmacy

act of the state of Kansas. The evaluation fee fixed by the board under

this section immediately prior to the effective date of this act shall con-

tinue in effect until a different evaluation fee is fixed by the board by

rules and regulations as provided in K.S.A. 65-1645 and amendments

thereto. The board may contract with investigative agencies, commissions

or consultants to assist the board in obtaining information about such

schools or colleges of pharmacy. In entering such contracts the authority

to approve schools or colleges of pharmacy shall remain solely with the

board.

(j) All applicants for licensure who graduate from a school or college

of pharmacy outside the United States or who are not citizens of the

United States shall provide proof to the board that the applicant has a

reasonable ability to communicate with the general public in English. The

board may require such applicant to take the test of English as a foreign

language and to attain the grade for passing such test as established by

the board by rules and regulations.

(k) Every registered pharmacist holding a valid registration as a phar-

macist in effect on the day preceding the effective date of this act shall

be deemed to be a licensed pharmacist under this act, and such person

shall not be required to file an original application hereunder for a license.

Sec. 2. K.S.A. 2001 Supp. 65-1632 is hereby amended to read as

follows: 65-1632. (a) Each license to practice as a pharmacist issued by

the board, shall expire on June 30 of the year specified by the board for

the expiration of the license and shall be renewed on a biennial basis in

accordance with this section. Each application for renewal of a license as

a pharmacist shall be made on a form prescribed and furnished by the

board. Except as otherwise provided in this subsection, the application,

when accompanied by the renewal fee and received by the executive

secretary of the board on or before the date of expiration of the license,

shall have the effect of temporarily renewing the applicant's license until

actual issuance or denial of the renewal. If at the time of filing a pro-

ceeding is pending before the board which may result in the suspension,

probation, revocation or denial of the applicant's license, the board may

by emergency order declare that the application for renewal shall not

have the effect of temporarily renewing such applicant's license. Every

licensed pharmacist shall pay to the secretary of the board a renewal fee

fixed by the board as provided in K.S.A. 65-1645 and amendments

thereto.

(b) Commencing with the renewal of licenses which expire on June

30, 1998, each license shall be renewed on a biennial basis. To provide

for a system of biennial renewal of licenses, the board may provide by

rules and regulations that licenses issued or renewed may expire less than

two years from the date of issuance or renewal.

(c) The board may deny renewal of any license of a pharmacist on

any ground which would authorize the board to deny an initial application

for licensure or on any ground which would authorize the board to sus-

pend, revoke or place on probation a license previously granted. Orders

under this section, and proceedings thereon, shall be subject to the pro-

visions of the Kansas administrative procedure act.

(d) The payment of the renewal fee by a person who is a holder of a

license as a pharmacist shall entitle the person to renewal of license if no

grounds exist for denying the renewal of the license and if the person has

furnished satisfactory evidence to the board that the person has success-

fully complied with the rules and regulations of the board relating to

continuing professional education. These educational requirements shall

be fixed by the board at not less than 20 clock hours nor more than 40

clock hours biennially of a program of continuing education approved by

the board. Continuing education hours may be prorated for licensure

periods which are less than biennial in accordance with rules and regu-

lations of the board. The maximum number of continuing education hours

required by the board to meet the requirements for cancellation of in-

active status licensure and renewal of license under subsection (e) or

reinstatement of license because of nonpayment of fees under subsection

(f) shall not exceed 60.

(e) The payment of the renewal fee by the person who is a holder of

a license as a pharmacist but who has not complied with the continuing

education requirements fixed by the board, if no grounds exist for denying

the renewal of the license other than that the person has not complied

with the continuing education requirements fixed by the board, shall en-

title the person to inactive status licensure by the board. No person hold-

ing an inactive status license from the board shall engage in the practice

of pharmacy in this state. Upon furnishing satisfactory evidence to the

board of compliance with the continuing education requirements fixed

by the board and upon the payment to the board of all applicable fees, a

person holding an inactive status license from the board shall be entitled

to cancellation of the inactive status license and to renewal of licensure

as a pharmacist.

(f) If the renewal fee for any pharmacist's license has not been paid

by August 1 of the renewal year, the license is hereby declared void, and

no license shall be reinstated except upon payment of any unpaid renewal

fee plus a penalty fee fixed by the board as provided in K.S.A. 65-1645

and amendments thereto and proof satisfactory to the board of compli-

ance with the continuing education requirements fixed by the board. The

penalty fee established by this section immediately prior to the effective

date of the act shall continue in effect until a different penalty fee is fixed

by the board by rules and regulations as provided in K.S.A. 65-1645 and

amendments thereto. Payment of any unpaid renewal fee plus a penalty

fee and the submission of proof satisfactory to the board of compliance

with the continuing education requirements fixed by the board shall en-

title the license to be reinstated. The nonpayment of renewal fees by a

previously licensed pharmacist for a period exceeding three years shall

not deprive the previously licensed pharmacist of the right to reinstate

the license upon the payment of any unpaid fees and penalties and upon

compliance with the continuing education requirements fixed by the

board, except that the board may require such previously licensed phar-

macist to take and pass an examination approved by the board for rein-

statement as a pharmacist and to pay any applicable examination appli-

cation fee.

Sec. 3. K.S.A. 2001 Supp. 65-1645 is hereby amended to read as

follows: 65-1645. (a) Application for registrations or permits under K.S.A.

65-1643 and amendments thereto shall be made on a form prescribed

and furnished by the board. Applications for registration to distribute at

wholesale any drugs shall contain such information as may be required

by the board in accordance with the provisions of K.S.A. 65-1655 and

amendments thereto. The application shall be accompanied by the fee

prescribed by the board under the provisions of this section. When such

application and fees are received by the executive secretary of the board

on or before the due date, such application shall have the effect of tem-

porarily renewing the applicant's registration or permit until actual issu-

ance or denial of the renewal. However, if at the time of filing a pro-

ceeding is pending before the board which may result in the suspension,

probation, revocation or denial of the applicant's registration or permit,

the board may declare, by emergency order, that such application for

renewal shall not have the effect of temporarily renewing such applicant's

registration or permit. Separate applications shall be made and separate

registrations or permits issued for each separate place at which is carried

on any of the operations for which a registration or permit is required by

K.S.A. 65-1643 and amendments thereto except that the board may pro-

vide for a single registration for a business entity registered to manufac-

ture any drugs or registered to distribute at wholesale any drugs and

operating more than one facility within the state, or for a parent entity

with divisions, subsidiaries or affiliate companies, or any combination

thereof, within the state when operations are conducted at more than one

location and there exists joint ownership and control among all the enti-

ties.

(b) The nonrefundable fees required for the issuing of the licenses,

registrations or permits under the pharmacy act of the state of Kansas

shall be fixed by the board as herein provided, subject to the following:

(1) Pharmacy, new registration not more than $150, renewal not

more than $125;

(2) pharmacist, examination fee new license by examination not more

than $350;

(3) pharmacist, examination fee for previously licensed pharmacist

reinstatement application fee not more than $250;

(4) pharmacist, biennial renewal fee not more than $200;

(5) pharmacist, evaluation fee not more than $250;

(6) pharmacist, reciprocal licensure fee not more than $250;

(7) pharmacist, penalty fee, not more than $500;

(8) manufacturer, new registration not more than $500, renewal not

more than $400;

(9) wholesaler, new registration not more than $500, renewal not

more than $400, except that a wholesaler dealing exclusively in nonpres-

cription drugs, the manufacturing, distributing or dispensing of which

does not require registration under the uniform controlled substances act,

shall be assessed a fee for registration and reregistration not to exceed

$50;

(10) special auction not more than $50;

(11) samples distribution not more than $50;

(12) institutional drug room, new registration not more than $40, re-

newal not more than $35;

(13) retail dealer selling more than 12 different nonprescription drug

products, new permit not more than $12, renewal not more than $12;

(14) certification of grades for each applicant for examination and

registration not more than $25; or

(15) veterinary medical teaching hospital pharmacy, new registration

not more than $40, renewal not more than $35.

(c) For the purpose of fixing fees, the board may establish classes of

retail dealers' permits for retail dealers selling more than 12 different

nonprescription drug products, and the board may fix a different fee for

each such class of permit.

(d) The board shall determine annually the amount necessary to carry

out and enforce the provisions of this act for the next ensuing fiscal year

and shall fix by rules and regulations the fees authorized for such year at

the sum deemed necessary for such purposes. The fees fixed by the board

under this section immediately prior to the effective date of this act shall

continue in effect until different fees are fixed by the board by rules and

regulations as provided under this section.

(e) The board may deny renewal of any registration or permit re-

quired by K.S.A. 65-1643 and amendments thereto on any ground which

would authorize the board to suspend, revoke or place on probation a

registration or permit previously granted pursuant to the provisions of

K.S.A. 65-1643 and amendments thereto. Registrations and permits is-

sued under the provisions of K.S.A. 65-1643 and 65-1644 and amend-

ments thereto shall be conspicuously displayed in the place for which the

registration or permit was granted. Such registrations or permits shall not

be transferable. All such registrations and permits except retail dealer

permits shall expire on June 30 following date of issuance. Retail dealers'

permits shall expire on the last day of February. All registrations and

permits shall be renewed annually. Application blanks for renewal of reg-

istrations and permits shall be mailed by the board to each registrant or

permittee at least 30 days prior to expiration of the registration or permit.

If application for renewal is not made before 30 days after such expiration,

the existing registration or permit shall lapse and become null and void

on the date of its expiration, and no new registration or permit shall be

granted except upon payment of the required renewal fee plus a penalty

equal to the renewal fee. Failure of any registrant or permittee to receive

such application blank shall not relieve the registrant or permittee from

the penalty hereby imposed if the renewal is not made as prescribed.

(f) In each case in which a license of a pharmacist is issued or renewed

for a period of time less than two years, the board shall prorate to the

nearest whole month the license or renewal fee established pursuant to

K.S.A. 65-1645 and amendments thereto.

(g) The board may require that fees paid for any examination under

the pharmacy act of the state of Kansas be paid directly to the examination

service by the person taking the examination.

Sec. 4. K.S.A. 2001 Supp. 65-1658 is hereby amended to read as

follows: 65-1658. 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 accord-

ance with the Kansas administrative procedure act, against any licensee

or registrant under subsections (a), (c), (d) and (e) of K.S.A. 65-1627, and

amendments thereto, for violation of the pharmacy act of the state of

Kansas or rules and regulations of the state board of pharmacy adopted

under the pharmacy act of the state of Kansas or for violation of the

uniform controlled substances act or rules and regulations of the state

board of pharmacy adopted under the uniform controlled substances 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. Upon receipt of each such remittance, the state treasurer shall

deposit the entire amount in the state treasury to the credit of the state

general fund. Of the amount so remitted, an amount equal to the board's

actual costs related to the case in which the fine was assessed, as certified

by the president of the board to the state treasurer, shall be credited to

the state board of pharmacy fee fund, and the balance shall be credited

to the state general fund.

Sec. 5. K.S.A. 2001 Supp. 65-1631, 65-1632, 65-1645 and 65-1658

are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002