Session Law

Identifying Information:L. 2001 ch. 031
Other Identifying Information:2001 House Bill 2457
Tax Type:Other
Brief Description:An Act concerning physician assistants; statutory references to the physician assistants li- censure act; amending K.S.A. 2000 Supp. 65-1626, 65-2836, 65-4101 and 65-6112 and repealing the existing sections; also repealing K.S.A. 2000 Supp. 65-1626b and 65-2836a.
Keywords:


Body:

CHAPTER 31

HOUSE BILL No. 2457

(Amended by Chapter 171)


An Act concerning physician assistants; statutory references to the physician assistants li-

censure act; amending K.S.A. 2000 Supp. 65-1626, 65-2836, 65-4101 and 65-6112 and

repealing the existing sections; also repealing K.S.A. 2000 Supp. 65-1626b and 65-2836a.




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

Section 1. K.S.A. 2000 Supp. 65-1626 is hereby amended to read as

follows: 65-1626. For the purposes of this act:

(a) ``Administer'' means the direct application of a drug, whether by

injection, inhalation, ingestion or any other means, to the body of a patient

or research subject by:

(1) A practitioner or pursuant to the lawful direction of a practitioner;

(2) the patient or research subject at the direction and in the presence

of the practitioner; or

(3) a pharmacist as authorized in K.S.A. 2000 Supp. 65-1635a and

amendments thereto.

(b) ``Agent'' means an authorized person who acts on behalf of or at

the direction of a manufacturer, distributor or dispenser but shall not

include a common or contract carrier, public warehouseman or employee

of the carrier or warehouseman when acting in the usual and lawful course

of the carrier's or warehouseman's business.

(c) ``Board'' means the state board of pharmacy created by K.S.A. 74-

1603 and amendments thereto.

(d) ``Brand exchange'' means the dispensing of a different drug prod-

uct of the same dosage form and strength and of the same generic name

than the brand name drug product prescribed.

(e) ``Brand name'' means the registered trademark name given to a

drug product by its manufacturer, labeler or distributor.

(f) ``Deliver'' or ``delivery'' means the actual, constructive or at-

tempted transfer from one person to another of any drug whether or not

an agency relationship exists.

(g) ``Direct supervision'' means the process by which the responsible

pharmacist shall observe and direct the activities of a pharmacy student

or pharmacy technician to a sufficient degree to assure that all such ac-

tivities are performed accurately, safely and without risk or harm to pa-

tients, and complete the final check before dispensing.

(h) ``Dispense'' means to deliver prescription medication to the ulti-

mate user or research subject by or pursuant to the lawful order of a

practitioner or pursuant to the prescription of a mid-level practitioner.

(i) ``Dispenser'' means a practitioner or pharmacist who dispenses

prescription medication.

(j) ``Distribute'' means to deliver, other than by administering or dis-

pensing, any drug.

(k) ``Distributor'' means a person who distributes a drug.

(l) ``Drug'' means: (1) Articles recognized in the official United States

pharmacopoeia, or other such official compendiums of the United States,

or official national formulary, or any supplement of any of them; (2) ar-

ticles intended for use in the diagnosis, cure, mitigation, treatment or

prevention of disease in man or other animals; (3) articles, other than

food, intended to affect the structure or any function of the body of man

or other animals; and (4) articles intended for use as a component of any

articles specified in clause (1), (2) or (3) of this subsection; but does not

include devices or their components, parts or accessories, except that the

term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,

as defined in K.S.A. 47-501 and amendments thereto, if such livestock

remedy has been registered in accordance with the provisions of article

5 of chapter 47 of the Kansas Statutes Annotated.

(m) ``Electronic transmission'' means transmission of information in

electronic form or the transmission of the exact visual image of a docu-

ment by way of electronic equipment.

(n) ``Generic name'' means the established chemical name or official

name of a drug or drug product.

(o) (1) ``Institutional drug room'' means any location where prescrip-

tion-only drugs are stored and from which prescription-only drugs are

administered or dispensed and which is maintained or operated for the

purpose of providing the drug needs of:

(A) Inmates of a jail or correctional institution or facility;

(B) residents of a juvenile detention facility, as defined by the Kansas

code for care of children and the Kansas juvenile justice code;

(C) students of a public or private university or college, a community

college or any other institution of higher learning which is located in

Kansas;

(D) employees of a business or other employer; or

(E) persons receiving inpatient hospice services.

(2) ``Institutional drug room'' does not include:

(A) Any registered pharmacy;

(B) any office of a practitioner; or

(C) a location where no prescription-only drugs are dispensed and no

prescription-only drugs other than individual prescriptions are stored or

administered.

(p) ``Medical care facility'' shall have the meaning provided in K.S.A.

65-425 and amendments thereto, except that the term shall also include

facilities licensed under the provisions of K.S.A. 75-3307b and amend-

ments thereto except community mental health centers and facilities for

the mentally retarded.

(q) ``Manufacture'' means the production, preparation, propagation,

compounding, conversion or processing of a drug either directly or in-

directly by extraction from substances of natural origin, independently by

means of chemical synthesis or by a combination of extraction and chem-

ical synthesis and includes any packaging or repackaging of the drug or

labeling or relabeling of its container, except that this term shall not in-

clude the preparation or compounding of a drug by an individual for the

individual's own use or the preparation, compounding, packaging or la-

beling of a drug by: (1) A practitioner or a practitioner's authorized agent

incident to such practitioner's administering or dispensing of a drug in

the course of the practitioner's professional practice; (2) a practitioner,

by a practitioner's authorized agent or under a practitioner's supervision

for the purpose of, or as an incident to, research, teaching or chemical

analysis and not for sale; or (3) a pharmacist or the pharmacist's author-

ized agent acting under the direct supervision of the pharmacist for the

purpose of, or incident to, the dispensing of a drug by the pharmacist.

(r) ``Person'' means individual, corporation, government, govern-

mental subdivision or agency, partnership, association or any other legal

entity.

(s) ``Pharmacist'' means any natural person licensed under this act to

practice pharmacy.

(t) ``Pharmacist in charge'' means the pharmacist who is responsible

to the board for a registered establishment's compliance with the laws

and regulations of this state pertaining to the practice of pharmacy, man-

ufacturing of drugs and the distribution of drugs. The pharmacist in

charge shall supervise such establishment on a full-time or a part-time

basis and perform such other duties relating to supervision of a registered

establishment as may be prescribed by the board by rules and regulations.

Nothing in this definition shall relieve other pharmacists or persons from

their responsibility to comply with state and federal laws and regulations.

(u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-

oratory, area or other place: (1) Where drugs are offered for sale where

the profession of pharmacy is practiced and where prescriptions are com-

pounded and dispensed; or (2) which has displayed upon it or within it

the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-

ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these

words or combinations of these words or words of similar import either

in English or any sign containing any of these words; or (3) where the

characteristic symbols of pharmacy or the characteristic prescription sign

``Rx'' may be exhibited. As used in this subsection, premises refers only

to the portion of any building or structure leased, used or controlled by

the licensee in the conduct of the business registered by the board at the

address for which the registration was issued.

(v) ``Pharmacy student'' means an individual, registered with the

board of pharmacy, enrolled in an accredited school of pharmacy.

(w) ``Pharmacy technician'' means an individual who, under the direct

supervision and control of a pharmacist, may perform packaging, manip-

ulative, repetitive or other nondiscretionary tasks related to the processing

of a prescription or medication order and who assists the pharmacist in

the performance of pharmacy related duties, but who does not perform

duties restricted to a pharmacist.

(x) ``Practitioner'' means a person licensed to practice medicine and

surgery, dentist, podiatrist, veterinarian, optometrist licensed under the

optometry law as a therapeutic licensee or diagnostic and therapeutic

licensee, or scientific investigator or other person authorized by law to

use a prescription-only drug in teaching or chemical analysis or to conduct

research with respect to a prescription-only drug.

(y) ``Preceptor'' means a licensed pharmacist who possesses at least

two years' experience as a pharmacist and who supervises students ob-

taining the pharmaceutical experience required by law as a condition to

taking the examination for licensure as a pharmacist.

(z) ``Prescription'' means, according to the context, either a prescrip-

tion order or a prescription medication.

(aa) ``Prescription medication'' means any drug, including label and

container according to context, which is dispensed pursuant to a prescrip-

tion order.

(bb) ``Prescription-only drug'' means any drug whether intended for

use by man or animal, required by federal or state law (including 21

United States Code section 353, as amended) to be dispensed only pur-

suant to a written or oral prescription or order of a practitioner or is

restricted to use by practitioners only.

(cc) ``Prescription order'' means: (1) An order to be filled by a phar-

macist for prescription medication issued and signed by a practitioner or

a mid-level practitioner in the authorized course of professional practice;

or (2) an order transmitted to a pharmacist through word of mouth, note,

telephone or other means of communication directed by such practitioner

or mid-level practitioner.

(dd) ``Probation'' means the practice or operation under a temporary

license, registration or permit or a conditional license, registration or per-

mit of a business or profession for which a license, registration or permit

is granted by the board under the provisions of the pharmacy act of the

state of Kansas requiring certain actions to be accomplished or certain

actions not to occur before a regular license, registration or permit is

issued.

(ee) ``Professional incompetency'' means:

(1) One or more instances involving failure to adhere to the appli-

cable standard of pharmaceutical care to a degree which constitutes gross

negligence, as determined by the board;

(2) repeated instances involving failure to adhere to the applicable

standard of pharmaceutical care to a degree which constitutes ordinary

negligence, as determined by the board; or

(3) a pattern of pharmacy practice or other behavior which demon-

strates a manifest incapacity or incompetence to practice pharmacy.

(ff) ``Retail dealer'' means a person selling at retail nonprescription

drugs which are prepackaged, fully prepared by the manufacturer or dis-

tributor for use by the consumer and labeled in accordance with the

requirements of the state and federal food, drug and cosmetic acts. Such

nonprescription drugs shall not include: (1) A controlled substance; (2) a

prescription-only drug; or (3) a drug intended for human use by hypo-

dermic injection.

(gg) ``Secretary'' means the executive secretary of the board.

(hh) ``Unprofessional conduct'' means:

(1) Fraud in securing a registration or permit;

(2) intentional adulteration or mislabeling of any drug, medicine,

chemical or poison;

(3) causing any drug, medicine, chemical or poison to be adulterated

or mislabeled, knowing the same to be adulterated or mislabeled;

(4) intentionally falsifying or altering records or prescriptions;

(5) unlawful possession of drugs and unlawful diversion of drugs to

others;

(6) willful betrayal of confidential information under K.S.A. 65-1654

and amendments thereto;

(7) conduct likely to deceive, defraud or harm the public;

(8) making a false or misleading statement regarding the licensee's

professional practice or the efficacy or value of a drug;

(9) commission of any act of sexual abuse, misconduct or exploitation

related to the licensee's professional practice; or

(10) performing unnecessary tests, examinations or services which

have no legitimate pharmaceutical purpose.

(ii) ``Mid-level practitioner'' means an advanced registered nurse

practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131

and amendments thereto who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-1130

and amendments thereto or a physician's physician assistant registered

licensed pursuant to K.S.A. 65-2896a and amendments thereto the phy-

sician assistant licensure act who has authority to prescribe drugs pur-

suant to a written protocol with a responsible physician under K.S.A. 65-

2896e 2000 Supp. 65-28a08 and amendments thereto.

(jj) ``Vaccination protocol'' means a written protocol, agreed to by a

pharmacist and a person licensed to practice medicine and surgery by the

state board of healing arts, which establishes procedures and recordkeep-

ing and reporting requirements for administering a vaccine by the phar-

macist for a period of time specified therein, not to exceed two years.

(kk) ``Veterinary medical teaching hospital pharmacy'' means any lo-

cation where prescription-only drugs are stored as part of an accredited

college of veterinary medicine and from which prescription-only drugs

are distributed for use in treatment of or administration to a non-human.

Sec. 2. K.S.A. 2000 Supp. 65-2836 is hereby amended to read as

follows: 65-2836. A licensee's license may be revoked, suspended or lim-

ited, or the licensee may be publicly or privately censured, or an appli-

cation for a license or for reinstatement of a license may be denied upon

a finding of the existence of any of the following grounds:

(a) The licensee has committed fraud or misrepresentation in apply-

ing for or securing an original, renewal or reinstated license.

(b) The licensee has committed an act of unprofessional or dishon-

orable conduct or professional incompetency.

(c) The licensee has been convicted of a felony or class A misde-

meanor, whether or not related to the practice of the healing arts. The

board shall revoke a licensee's license following conviction of a felony

occurring after July 1, 2000, unless a 2/3 majority of the board members

present and voting determine by clear and convincing evidence that such

licensee will not pose a threat to the public in such person's capacity as

a licensee and that such person has been sufficiently rehabilitated to war-

rant the public trust. In the case of a person who has been convicted of

a felony and who applies for an original license or to reinstate a canceled

license, the application for a license shall be denied unless a 2/3 majority

of the board members present and voting on such application determine

by clear and convincing evidence that such person will not pose a threat

to the public in such person's capacity as a licensee and that such person

has been sufficiently rehabilitated to warrant the public trust.

(d) The licensee has used fraudulent or false advertisements.

(e) The licensee is addicted to or has distributed intoxicating liquors

or drugs for any other than lawful purposes.

(f) The licensee has willfully or repeatedly violated this act, the phar-

macy act of the state of Kansas or the uniform controlled substances act,

or any rules and regulations adopted pursuant thereto, or any rules and

regulations of the secretary of health and environment which are relevant

to the practice of the healing arts.

(g) The licensee has unlawfully invaded the field of practice of any

branch of the healing arts in which the licensee is not licensed to practice.

(h) The licensee has engaged in the practice of the healing arts under

a false or assumed name, or the impersonation of another practitioner.

The provisions of this subsection relating to an assumed name shall not

apply to licensees practicing under a professional corporation or other

legal entity duly authorized to provide such professional services in the

state of Kansas.

(i) The licensee has the inability to practice the healing arts with rea-

sonable skill and safety to patients by reason of physical or mental illness,

or condition or use of alcohol, drugs or controlled substances. In deter-

mining whether or not such inability exists, the board, upon reasonable

suspicion of such inability, shall have authority to compel a licensee to

submit to mental or physical examination or drug screen, or any combi-

nation thereof, by such persons as the board may designate either in the

course of an investigation or a disciplinary proceeding. To determine

whether reasonable suspicion of such inability exists, the investigative

information shall be presented to the board as a whole, to a review com-

mittee of professional peers of the licensee established pursuant to K.S.A.

65-2840c and amendments thereto or to a committee consisting of the

officers of the board elected pursuant to K.S.A. 65-2818 and amendments

thereto and the executive director appointed pursuant to K.S.A. 65-2878

and amendments thereto or to a presiding officer authorized pursuant to

K.S.A. 77-514 and amendments thereto. The determination shall be made

by a majority vote of the entity which reviewed the investigative infor-

mation. Information submitted to the board as a whole or a review com-

mittee of peers or a committee of the officers and executive director of

the board and all reports, findings and other records shall be confidential

and not subject to discovery by or release to any person or entity. The

licensee shall submit to the board a release of information authorizing

the board to obtain a report of such examination or drug screen, or both.

A person affected by this subsection shall be offered, at reasonable in-

tervals, an opportunity to demonstrate that such person can resume the

competent practice of the healing arts with reasonable skill and safety to

patients. For the purpose of this subsection, every person licensed to

practice the healing arts and who shall accept the privilege to practice

the healing arts in this state by so practicing or by the making and filing

of a renewal to practice the healing arts in this state shall be deemed to

have consented to submit to a mental or physical examination or a drug

screen, or any combination thereof, when directed in writing by the board

and further to have waived all objections to the admissibility of the tes-

timony, drug screen or examination report of the person conducting such

examination or drug screen, or both, at any proceeding or hearing before

the board on the ground that such testimony or examination or drug

screen report constitutes a privileged communication. In any proceeding

by the board pursuant to the provisions of this subsection, the record of

such board proceedings involving the mental and physical examination or

drug screen, or any combination thereof, shall not be used in any other

administrative or judicial proceeding.

(j) The licensee has had a license to practice the healing arts revoked,

suspended or limited, has been censured or has had other disciplinary

action taken, or an application for a license denied, by the proper licensing

authority of another state, territory, District of Columbia, or other coun-

try, a certified copy of the record of the action of the other jurisdiction

being conclusive evidence thereof.

(k) The licensee has violated any lawful rule and regulation promul-

gated by the board or violated any lawful order or directive of the board

previously entered by the board.

(l) The licensee has failed to report or reveal the knowledge required

to be reported or revealed under K.S.A. 65-28,122 and amendments

thereto.

(m) The licensee, if licensed to practice medicine and surgery, has

failed to inform in writing a patient suffering from any form of abnor-

mality of the breast tissue for which surgery is a recommended form of

treatment, of alternative methods of treatment recognized by licensees

of the same profession in the same or similar communities as being ac-

ceptable under like conditions and circumstances.

(n) The licensee has cheated on or attempted to subvert the validity

of the examination for a license.

(o) The licensee has been found to be mentally ill, disabled, not guilty

by reason of insanity, not guilty because the licensee suffers from a mental

disease or defect or incompetent to stand trial by a court of competent

jurisdiction.

(p) The licensee has prescribed, sold, administered, distributed or

given a controlled substance to any person for other than medically ac-

cepted or lawful purposes.

(q) The licensee has violated a federal law or regulation relating to

controlled substances.

(r) The licensee has failed to furnish the board, or its investigators or

representatives, any information legally requested by the board.

(s) Sanctions or disciplinary actions have been taken against the li-

censee by a peer review committee, health care facility, a governmental

agency or department or a professional association or society for acts or

conduct similar to acts or conduct which would constitute grounds for

disciplinary action under this section.

(t) The licensee has failed to report to the board any adverse action

taken against the licensee by another state or licensing jurisdiction, a peer

review body, a health care facility, a professional association or society, a

governmental agency, by a law enforcement agency or a court for acts or

conduct similar to acts or conduct which would constitute grounds for

disciplinary action under this section.

(u) The licensee has surrendered a license or authorization to practice

the healing arts in another state or jurisdiction, has surrendered the au-

thority to utilize controlled substances issued by any state or federal

agency, has agreed to a limitation to or restriction of privileges at any

medical care facility or has surrendered the licensee's membership on any

professional staff or in any professional association or society while under

investigation for acts or conduct similar to acts or conduct which would

constitute grounds for disciplinary action under this section.

(v) The licensee has failed to report to the board surrender of the

licensee's license or authorization to practice the healing arts in another

state or jurisdiction or surrender of the licensee's membership on any

professional staff or in any professional association or society while under

investigation for acts or conduct similar to acts or conduct which would

constitute grounds for disciplinary action under this section.

(w) The licensee has an adverse judgment, award or settlement

against the licensee resulting from a medical liability claim related to acts

or conduct similar to acts or conduct which would constitute grounds for

disciplinary action under this section.

(x) The licensee has failed to report to the board any adverse judg-

ment, settlement or award against the licensee resulting from a medical

malpractice liability claim related to acts or conduct similar to acts or

conduct which would constitute grounds for disciplinary action under this

section.

(y) The licensee has failed to maintain a policy of professional liability

insurance as required by K.S.A. 40-3402 or 40-3403a and amendments

thereto.

(z) The licensee has failed to pay the premium surcharges as required

by K.S.A. 40-3404 and amendments thereto.

(aa) The licensee has knowingly submitted any misleading, deceptive,

untrue or fraudulent representation on a claim form, bill or statement.

(bb) The licensee as the responsible physician for a physician's phy-

sician assistant has failed to adequately direct and supervise the physi-

cian's physician assistant in accordance with K.S.A. 65-2896 to 65-2897a,

inclusive, and amendments thereto, the physician assistant licensure act

or rules and regulations adopted under such statutes act.

(cc) The licensee has assisted suicide in violation of K.S.A. 21-3406

as established by any of the following:

(A) A copy of the record of criminal conviction or plea of guilty for a

felony in violation of K.S.A. 21-3406 and amendments thereto.

(B) A copy of the record of a judgment of contempt of court for

violating an injunction issued under K.S.A. 2000 Supp. 60-4404 and

amendments thereto.

(C) A copy of the record of a judgment assessing damages under

K.S.A. 2000 Supp. 60-4405 and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 65-4101 is hereby amended to read as

follows: 65-4101. As used in this act: (a) ``Administer'' means the direct

application of a controlled substance, whether by injection, inhalation,

ingestion or any other means, to the body of a patient or research subject

by: (1) A practitioner or pursuant to the lawful direction of a practitioner;

or

(2) the patient or research subject at the direction and in the presence

of the practitioner.

(b) ``Agent'' means an authorized person who acts on behalf of or at

the direction of a manufacturer, distributor or dispenser. It does not in-

clude a common or contract carrier, public warehouseman or employee

of the carrier or warehouseman.

(c) ``Board'' means the state board of pharmacy.

(d) ``Bureau'' means the bureau of narcotics and dangerous drugs,

United States department of justice, or its successor agency.

(e) ``Controlled substance'' means any drug, substance or immediate

precursor included in any of the schedules designated in K.S.A. 65-4105,

65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-

tions.

(f) ``Counterfeit substance'' means a controlled substance which, or

the container or labeling of which, without authorization bears the trade-

mark, trade name or other identifying mark, imprint, number or device

or any likeness thereof of a manufacturer, distributor or dispenser other

than the person who in fact manufactured, distributed or dispensed the

substance.

(g) ``Deliver'' or ``delivery'' means the actual, constructive or at-

tempted transfer from one person to another of a controlled substance,

whether or not there is an agency relationship.

(h) ``Dispense'' means to deliver a controlled substance to an ultimate

user or research subject by or pursuant to the lawful order of a practi-

tioner, including the packaging, labeling or compounding necessary to

prepare the substance for that delivery, or pursuant to the prescription

of a mid-level practitioner.

(i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

(j) ``Distribute'' means to deliver other than by administering or dis-

pensing a controlled substance.

(k) ``Distributor'' means a person who distributes.

(l) ``Drug'' means: (1) Substances recognized as drugs in the official

United States pharmacopoeia, official homeopathic pharmacopoeia of the

United States or official national formulary or any supplement to any of

them; (2) substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in man or animals; (3) substances

(other than food) intended to affect the structure or any function of the

body of man or animals; and (4) substances intended for use as a com-

ponent of any article specified in clause (1), (2) or (3) of this subsection.

It does not include devices or their components, parts or accessories.

(m) ``Immediate precursor'' means a substance which the board has

found to be and by rule and regulation designates as being the principal

compound commonly used or produced primarily for use and which is

an immediate chemical intermediary used or likely to be used in the

manufacture of a controlled substance, the control of which is necessary

to prevent, curtail or limit manufacture.

(n) ``Manufacture'' means the production, preparation, propagation,

compounding, conversion or processing of a controlled substance either

directly or indirectly by extraction from substances of natural origin or

independently by means of chemical synthesis or by a combination of

extraction and chemical synthesis and includes any packaging or repack-

aging of the substance or labeling or relabeling of its container, except

that this term does not include the preparation or compounding of a

controlled substance by an individual for the individual's own lawful use

or the preparation, compounding, packaging or labeling of a controlled

substance: (1) By a practitioner or the practitioner's agent pursuant to a

lawful order of a practitioner as an incident to the practitioner's admin-

istering or dispensing of a controlled substance in the course of the prac-

titioner's professional practice; or

(2) by a practitioner or by the practitioner's authorized agent under

such practitioner's supervision for the purpose of or as an incident to

research, teaching or chemical analysis or by a pharmacist or medical care

facility as an incident to dispensing of a controlled substance.

(o) ``Marijuana'' means all parts of all varieties of the plant Cannabis

whether growing or not, the seeds thereof, the resin extracted from any

part of the plant and every compound, manufacture, salt, derivative, mix-

ture or preparation of the plant, its seeds or resin. It does not include the

mature stalks of the plant, fiber produced from the stalks, oil or cake

made from the seeds of the plant, any other compound, manufacture,

salt, derivative, mixture or preparation of the mature stalks, except the

resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the

plant which is incapable of germination.

(p) ``Narcotic drug'' means any of the following whether produced

directly or indirectly by extraction from substances of vegetable origin or

independently by means of chemical synthesis or by a combination of

extraction and chemical synthesis: (1) Opium and opiate and any salt,

compound, derivative or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative or preparation thereof

which is chemically equivalent or identical with any of the substances

referred to in clause (1) but not including the isoquinoline alkaloids of

opium;

(3) opium poppy and poppy straw;

(4) coca leaves and any salt, compound, derivative or preparation of

coca leaves, and any salt, compound, isomer, derivative or preparation

thereof which is chemically equivalent or identical with any of these sub-

stances, but not including decocainized coca leaves or extractions of coca

leaves which do not contain cocaine or ecgonine.

(q) ``Opiate'' means any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of con-

version into a drug having addiction-forming or addiction-sustaining lia-

bility. It does not include, unless specifically designated as controlled

under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-

mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).

It does include its racemic and levorotatory forms.

(r) ``Opium poppy'' means the plant of the species Papaver somni-

ferum l. except its seeds.

(s) ``Person'' means individual, corporation, government, or govern-

mental subdivision or agency, business trust, estate, trust, partnership or

association or any other legal entity.

(t) ``Poppy straw'' means all parts, except the seeds, of the opium

poppy, after mowing.

(u) ``Pharmacist'' means an individual currently licensed by the board

to practice the profession of pharmacy in this state.

(v) ``Practitioner'' means a person licensed to practice medicine and

surgery, dentist, podiatrist, veterinarian, optometrist licensed under the

optometry law as a therapeutic licensee or diagnostic and therapeutic

licensee, or scientific investigator or other person authorized by law to

use a controlled substance in teaching or chemical analysis or to conduct

research with respect to a controlled substance.

(w) ``Production'' includes the manufacture, planting, cultivation,

growing or harvesting of a controlled substance.

(x) ``Ultimate user'' means a person who lawfully possesses a con-

trolled substance for such person's own use or for the use of a member

of such person's household or for administering to an animal owned by

such person or by a member of such person's household.

(y) ``Isomer'' means all enantiomers and diastereomers.

(z) ``Medical care facility'' shall have the meaning ascribed to that

term in K.S.A. 65-425 and amendments thereto.

(aa) ``Cultivate'' means the planting or promotion of growth of five

or more plants which contain or can produce controlled substances.

(bb) (1) ``Controlled substance analog'' means a substance the chem-

ical structure of which is substantially similar to the chemical structure of

a controlled substance listed in or added to the schedules designated in

K.S.A. 65-4105 or 65-4107 and amendments thereto; and:

(A) Which has a stimulant, depressant or hallucinogenic effect on the

central nervous system substantially similar to the stimulant, depressant

or hallucinogenic effect on the central nervous system of a controlled

substance included in the schedules designated in K.S.A. 65-4105 or 65-

4107 and amendments thereto; or

(B) with respect to a particular individual, which the individual rep-

resents or intends to have a stimulant, depressant or hallucinogenic effect

on the central nervous system substantially similar to the stimulant, de-

pressant or hallucinogenic effect on the central nervous system of a con-

trolled substance included in the schedules designated in K.S.A. 65-4105

or 65-4107 and amendments thereto.

(2) ``Controlled substance analog'' does not include:

(A) A controlled substance;

(B) a substance for which there is an approved new drug application;

(C) a substance with respect to which an exemption is in effect for

investigational use by a particular person under section 505 of the federal

food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with

respect to the substance is permitted by the exemption; or

(D) any substance to the extent not intended for human consumption

before an exemption takes effect with respect to the substance.

(cc) ``Mid-level practitioner'' means an advanced registered nurse

practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131

and amendments thereto, who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-1130,

and amendments thereto or a physician's physician assistant licensed un-

der the physician assistant licensure act who has authority to prescribe

drugs pursuant to a written protocol with a responsible physician under

K.S.A. 65-2896e 2000 Supp. 65-28a08 and amendments thereto.

Sec. 4. K.S.A. 2000 Supp. 65-6112 is hereby amended to read as

follows: 65-6112. As used in this act:

(a) ``Administrator'' means the administrator of the emergency med-

ical services board.

(b) ``Ambulance'' means any privately or publicly owned motor ve-

hicle, airplane or helicopter designed, constructed, prepared and

equipped for use in transporting and providing emergency care for in-

dividuals who are ill or injured.

(c) ``Ambulance service'' means any organization operated for the

purpose of transporting sick or injured persons to or from a place where

medical care is furnished, whether or not such persons may be in need

of emergency or medical care in transit.

(d) ``Attendant'' means a first responder, emergency medical tech-

nician, emergency medical technician-intermediate, emergency medical

technician-defibrillator or a mobile intensive care technician certified

pursuant to this act.

(e) ``Board'' means the emergency medical services board established

pursuant to K.S.A. 65-6102, and amendments thereto.

(f) ``Emergency medical service'' means the effective and coordinated

delivery of such care as may be required by an emergency which includes

the care and transportation of individuals by ambulance services and the

performance of authorized emergency care by a physician, professional

nurse, a licensed physician assistant or attendant.

(g) ``Emergency medical technician'' means a person who holds an

emergency medical technician certificate issued pursuant to this act.

(h) ``Emergency medical technician-defibrillator'' means a person

who holds an emergency medical technician defibrillator certificate issued

pursuant to this act.

(i) ``Emergency medical technician-intermediate'' means a person

who holds an emergency medical technician intermediate certificate is-

sued pursuant to this act.

(j) ``First responder'' means a person who holds a first responder cer-

tificate issued pursuant to this act.

(k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and

amendments thereto.

(l) ``Instructor-coordinator'' means a person who is certified under

this act to teach initial courses of certification of instruction and contin-

uing education classes.

(m) ``Medical adviser'' means a physician.

(n) ``Medical protocols'' mean written guidelines which authorize at-

tendants to perform certain medical procedures prior to contacting a phy-

sician, or professional nurse authorized by a physician. These protocols

shall be developed and approved by a county medical society or, if there

is no county medical society, the medical staff of a hospital to which the

ambulance service primarily transports patients.

(o) ``Mobile intensive care technician'' means a person who holds a

mobile intensive care technician certificate issued pursuant to this act.

(p) ``Municipality'' means any city, county, township, fire district or

ambulance service district.

(q) ``Nonemergency transportation'' means the care and transport of

a sick or injured person under a foreseen combination of circumstances

calling for continuing care of such person. As used in this subsection,

transportation includes performance of the authorized level of services of

the attendant whether within or outside the vehicle as part of such trans-

portation services.

(r) ``Operator'' means a person or municipality who has a permit to

operate an ambulance service in the state of Kansas.

(s) ``Person'' means an individual, a partnership, an association, a

joint-stock company or a corporation.

(t) ``Physician'' means a person licensed by the state board of healing

arts to practice medicine and surgery.

(u) ``Physician assistant'' means a person who is licensed under the

physician assistant licensure act and who is acting under the direction of

a responsible physician.

(v) ``Professional nurse'' means a licensed professional nurse as de-

fined by K.S.A. 65-1113, and amendments thereto.

(w) ``Provider of training'' means a corporation, partnership, accred-

ited postsecondary education institution, ambulance service, fire depart-

ment, hospital or municipality that conducts training programs that in-

clude, but are not limited to, initial courses of instruction and continuing

education for attendants, instructor-coordinators or training officers.

(x) ``Responsible physician'' means responsible physician as such term

is defined under K.S.A. 65-2897a 2000 Supp. 65-28a02 and amendments

thereto.

(y) ``Training officer'' means a person who is certified pursuant to this

act to teach initial courses of instruction for first responders and contin-

uing education as prescribed by the board.

Sec. 5. K.S.A. 2000 Supp. 65-1626, 65-1626b, 65-2836, 65-2836a, 65-

4101 and 65-6112 are hereby repealed.

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

publication in the statute book.

Approved March 20, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001