Session Law

Identifying Information:L. 2003 ch. 085
Other Identifying Information:2003 House Bill 2207
Tax Type:Other
Brief Description:An Act concerning the state board of pharmacy; providing for registration of pharmacy technicians; amending K.S.A. 65-1642 and repealing the existing section.
Keywords:


Body:

CHAPTER 85

HOUSE BILL No. 2207


An Act concerning the state board of pharmacy; providing for registration of pharmacy

technicians; amending K.S.A. 65-1642 and repealing the existing section.

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

New Section 1. (a) It shall be unlawful for any person to function as

a pharmacy technician in this state unless such person is registered with

the board as a pharmacy technician. Except as otherwise provided in

subsection (d), every applicant for registration as a pharmacy technician

shall have passed an examination approved by the board. The board shall

adopt rules and regulations establishing the criteria for the required ex-

amination and a passing score.

(b) All applications for registration shall be made on a form to be

prescribed and furnished by the board. Each application for registration

shall be accompanied by a registration fee fixed by the board by rule and

regulation of not to exceed $50.

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

an applicant, but such conviction shall not automatically operate as a bar

to registration.

(d) All persons who are employed as a pharmacy technician in a Kan-

sas pharmacy on the effective date of this act shall be entitled to continue

performing the functions of a pharmacy technician until October 31,

2004, without registering pursuant to the requirements of this section and

without passing the examination required by subsection (a). To perform

the functions of a pharmacy technician after such date, such person shall

have passed the examination referred to in subsection (a) and be regis-

tered by the board as a pharmacy technician.

(e) Each pharmacy technician registration issued by the board shall

expire on October 31 of the year specified by the board. Each applicant

for renewal of a pharmacy technician registration shall be made on a form

prescribed and furnished by the board and shall be accompanied by a

renewal fee fixed by the board by rule and regulation of not to exceed

$25. Except as otherwise provided in this subsection, the application for

registration renewal, when accompanied by the renewal fee and received

by the executive secretary of the board on or before the date of expiration

of the registration, shall have the effect of temporarily renewing the ap-

plicant's registration until actual issuance or denial of the renewal regis-

tration. If at the time of filing a proceeding is pending before the board

which may result in the suspension, probation, revocation or denial of the

applicant's registration, the board may by emergency order declare that

the application for renewal shall not have the effect of temporarily re-

newing such applicant's registration. If the renewal fee is not paid by

December 1 of the renewal year, the registration is void.

(f) (1) The board may deny an application for issuance or renewal of

any registration as a pharmacy technician on any ground, which would

authorize the board to take action against the license of a pharmacist

under K.S.A. 65-1627, and amendments thereto.

(2) The board may require a physical or mental examination, or both,

of a person applying for or registered as a pharmacy technician.

(3) The board may temporarily suspend or temporarily limit the reg-

istration of any pharmacy technician in accordance with the emergency

adjudicative proceedings under the Kansas administrative procedure act

if the board determines that there is cause to believe that grounds exist

for disciplinary action under this section against the registrant and that

the registrant's continuation of pharmacy technician functions would con-

stitute an imminent danger to the public health and safety.

(4) Proceedings under this section shall be subject to the Kansas ad-

ministrative procedure act.

(g) Every registered pharmacy technician, within 30 days of obtaining

new employment, shall furnish the board's executive secretary notice of

the name and address of the new employer.

(h) Each pharmacy shall at all times maintain a list of the names of

pharmacy technicians employed by the pharmacy and shall post in a con-

spicuous location in the prescription area of the pharmacy the names of

the pharmacy technicians currently on duty at the pharmacy, if any. A

pharmacy technician shall work under the direct supervision and control

of a pharmacist. It shall be the responsibility of the supervising pharmacist

to determine that the pharmacy technician is in compliance with the ap-

plicable rules and regulations of the board, and the supervising pharma-

cist shall be responsible for the acts and omissions of the pharmacy tech-

nician in the performance of the pharmacy technician's duties. The ratio

of pharmacy technicians to pharmacists in the prescription area of a phar-

macy shall not exceed two-to-one.

(i) The board shall adopt such rules and regulations as are necessary

to ensure that pharmacy technicians are adequately trained as to the na-

ture and scope of their lawful duties.

(j) The board may adopt rules and regulations as may be necessary

to carry out the purposes and enforce the provisions of this act.

(k) This section shall be part of and supplemental to the pharmacy

act of the state of Kansas.

Sec. 2. K.S.A. 65-1642 is hereby amended to read as follows: 65-

1642. (a) Each pharmacy shall be equipped with proper pharmaceutical

utensils, in order that prescriptions can be properly filled and United

States pharmacopoeia and national formulary preparations properly com-

pounded, and with proper sanitary appliances which shall be kept in a

clean and orderly manner. The board shall prescribe the minimum of

such professional and technical equipment which a pharmacy shall at all

times possess.

(b) (1) Each pharmacy shall at all times maintain a list of the names

of pharmacy technicians employed by the pharmacy and shall post in a

conspicuous location in the prescription area of the pharmacy the name

of the pharmacy technician currently on duty at the pharmacy, if any. A

pharmacy technician shall work under the direct supervision and control

of a pharmacist. It shall be the responsibility of the pharmacist to deter-

mine that the pharmacy technician is in compliance with the applicable

rules and regulations of the board, and the pharmacist who supervises a

pharmacy technician shall be responsible for the acts and omissions of

the pharmacy technician in the performance of the pharmacy technician's

duties. The ratio of pharmacy technicians to pharmacists in the prescrip-

tion area of a pharmacy shall not exceed a two-to-one ratio.

(2) The board shall adopt such rules and regulations as are necessary

to ensure that pharmacy technicians are adequately trained as to the na-

ture and scope of their lawful duties.

(c) (b) Each pharmacy shall keep a suitable book or file which records

every prescription order filled at the pharmacy and a medication profile

record system as provided under subsection (d). The book or file of pre-

scription orders shall be kept for a period of not less than five years. The

book or file of prescription orders shall at all times be open to inspection

by members of the board, the secretary of health and environment, the

duly authorized agents or employees of such board or secretary and other

proper authorities.

(d) (c) (1) A medication profile record system shall be maintained in

all pharmacies for persons for whom prescriptions are dispensed. The

following information shall be recorded: (A) The name and address of the

patient for whom the medication is intended; (B) the prescriber's name,

the original date the prescription is dispensed and the number or desig-

nation identifying the prescription; (C) the name, strength and quantity

of the drug dispensed and the name of the dispensing pharmacist; and

(D) drug allergies and sensitivities.

(2) Upon receipt of a prescription order, the pharmacist shall examine

the patient's medication profile record before dispensing the medication

to determine the possibility of a harmful drug interaction or reaction to

medication. Upon recognizing a potential harmful drug interaction or

reaction to the medication, the pharmacist shall take appropriate action

to avoid or minimize the problem which shall, if necessary, include con-

sultation with the prescriber with documentation of actions taken on the

prescription record.

(3) A medication profile record shall be maintained for a period of

not less than five years from the date of the last entry in the record.

(4) All prescription drug orders communicated by way of electronic

transmission shall conform to federal and state laws and the provisions of

the board's rules and regulations.

(e) (d) No registration shall be issued or continued for the conduct

of a pharmacy until or unless the provisions of this section have been

complied with.

Sec. 3. K.S.A. 65-1642 is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 16, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003