SB 197--Am. by HCW
[As Amended by House Committee of the Whole]
[As Amended by Senate Committee of the Whole]
As Amended by Senate Committee
Session of 1997
By Committee on Public Health and Welfare

14 AN ACT concerning the regulation of pharmacists; amending K.S.A. 65- 15 1626, as amended by section 118 of chapter 229 of the 1996 Session 16 Laws of Kansas, 65-1643 and 65-1645 [and 65-1643] and K.S.A. 17 1996 Supp. 65-1642 and repealing the existing section sections. 18 19 Be it enacted by the Legislature of the State of Kansas: 20 Section. 1. K.S.A. 65-1626, as amended by section 118 of chapter 21 229 of the 1996 Session Laws of Kansas, is hereby amended to read as 22 follows: 65-1626. For the purposes of this act: 23 (a) ``Administer'' means the direct application of a drug, whether by 24 injection, inhalation, ingestion or any other means, to the body of a patient 25 or research subject by: 26 (1) A practitioner or pursuant to the lawful direction of a practitioner, 27 or 28 (2) the patient or research subject at the direction and in the presence 29 of the practitioner. 30 (b) ``Agent'' means an authorized person who acts on behalf of or at 31 the direction of a manufacturer, distributor or dispenser but shall not 32 include a common or contract carrier, public warehouseman or employee 33 of the carrier or warehouseman when acting in the usual and lawful course 34 of the carrier's or warehouseman's business. 35 (c) ``Board'' means the state board of pharmacy created by K.S.A. 74- 36 1603 and amendments thereto. 37 (d) ``Brand exchange'' means the dispensing of a different drug prod- 38 uct of the same dosage form and strength and of the same generic name 39 than the brand name drug product prescribed. 40 (e) ``Brand name'' means the registered trademark name given to a 41 drug product by its manufacturer, labeler or distributor. SB 197--Am. by HCW

 1    (f)  ``Deliver'' or ``delivery'' means the actual, constructive or at-
 2  tempted transfer from one person to another of any drug whether or not
 3  an agency relationship exists.
 4    (g)  ``Direct supervision'' means the process by which the re-
 5  sponsible pharmacist shall observe and direct the activities of a
 6  pharmacy student or pharmacy technician to a sufficient degree to
 7  assure that all such activities are performed accurately, safely and
 8  without risk or harm to patients, and complete the final check before
 9  dispensing.
10    (g) (h)  ``Dispense'' means to deliver prescription medication to the
11  ultimate user or research subject by or pursuant to the lawful order of a
12  practitioner.
13    (h) (i)  ``Dispenser'' means a practitioner or pharmacist who dispenses
14  prescription medication.
15    (i) (j)  ``Distribute'' means to deliver, other than by administering or
16  dispensing, any drug.
17    (j) (k)  ``Distributor'' means a person who distributes a drug.
18    (k) (l)  ``Drug'' means: (1) Articles recognized in the official United
19  States pharmacopoeia, or other such official compendiums of the United
20  States, or official national formulary, or any supplement of any of them;
21    (2) articles intended for use in the diagnosis, cure, mitigation, treatment
22  or prevention of disease in man or other animals; (3) articles, other than
23  food, intended to affect the structure or any function of the body of man
24  or other animals; and (4) articles intended for use as a component of any
25  articles specified in clause (1), (2) or (3) of this subsection; but does not
26  include devices or their components, parts or accessories, except that the
27  term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
28  as defined in K.S.A. 47-501 and amendments thereto, if such livestock
29  remedy has been registered in accordance with the provisions of article
30  5 of chapter 47 of the Kansas Statutes Annotated.
31    (l) (m)  ``Electronic transmission'' means transmission of information
32  in electronic form or the transmission of the exact visual image of a doc-
33  ument by way of electronic equipment.
34    (l) (m) (n)  ``Generic name'' means the established chemical name or
35  official name of a drug or drug product.
36    (m) (n) (o) (1)  ``Institutional drug room'' means any location where
37  prescription-only drugs are stored and from which prescription-only
38  drugs are administered or dispensed and which is maintained or operated
39  for the purpose of providing the drug needs of:
40    (A)  Inmates of a jail or correctional institution or facility;
41    (B)  residents of a juvenile detention facility, as defined by the Kansas
42  code for care of children and the Kansas juvenile justice code;
43    (C)  students of a public or private university or college, a community
SB 197--Am. by HCW

 1  college or any other institution of higher learning which is located in
 2  Kansas; or
 3    (D)  employees of a business or other employer.
 4    (2)  ``Institutional drug room'' does not include:
 5    (A)  Any registered pharmacy;
 6    (B)  any office of a practitioner; or
 7    (C)  a location where no prescription-only drugs are dispensed and no
 8  prescription-only drugs other than individual prescriptions are stored or
 9  administered.
10    (n) (o) (p)  ``Medical care facility'' shall have the meaning provided in
11  K.S.A. 65-425 and amendments thereto, except that the term shall also
12  include facilities licensed under the provisions of K.S.A. 75-3307b and
13  amendments thereto except community mental health centers and facil-
14  ities for the mentally retarded.
15    (o) (p) (q)  ``Manufacture'' means the production, preparation, prop-
16  agation, compounding, conversion or processing of a drug either directly
17  or indirectly by extraction from substances of natural origin, indepen-
18  dently by means of chemical synthesis or by a combination of extraction
19  and chemical synthesis and includes any packaging or repackaging of the
20  drug or labeling or relabeling of its container, except that this term shall
21  not include the preparation or compounding of a drug by an individual
22  for the individual's own use or the preparation, compounding, packaging
23  or labeling of a drug by: (1) A practitioner or a practitioner's authorized
24  agent incident to such practitioner's administering or dispensing of a drug
25  in the course of the practitioner's professional practice; (2) a practitioner,
26  by a practitioner's authorized agent or under a practitioner's supervision
27  for the purpose of, or as an incident to, research, teaching or chemical
28  analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
29  ized agent acting under the direct supervision of the pharmacist for the
30  purpose of, or incident to, the dispensing of a drug by the pharmacist.
31    (p) (q) (r)  ``Person'' means individual, corporation, government, gov-
32  ernmental subdivision or agency, partnership, association or any other
33  legal entity.
34    (q) (r) (s)  ``Pharmacist'' means any natural person licensed under this
35  act to practice pharmacy.
36    (r) (s) (t)  ``Pharmacist in charge'' means the pharmacist who is re-
37  sponsible to the board for a registered establishment's compliance with
38  the laws and regulations of this state pertaining to the practice of phar-
39  macy, manufacturing of drugs and the distribution of drugs. The phar-
40  macist in charge shall supervise such establishment on a full-time or a
41  part-time basis and perform such other duties relating to supervision of
42  a registered establishment as may be prescribed by the board by rules
43  and regulations. Nothing in this definition shall relieve other pharmacists
SB 197--Am. by HCW

 1  or persons from their responsibility to comply with state and federal laws
 2  and regulations.
 3    (s) (t) (u)  ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises,
 4  laboratory, area or other place: (1) Where drugs are offered for sale where
 5  the profession of pharmacy is practiced and where prescriptions are com-
 6  pounded and dispensed; or (2) which has displayed upon it or within it
 7  the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
 8  ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
 9  words or combinations of these words or words of similar import either
10  in English or any sign containing any of these words; or (3) where the
11  characteristic symbols of pharmacy or the characteristic prescription sign
12  ``Rx'' may be exhibited. As used in this subsection, premises refers only
13  to the portion of any building or structure leased, used or controlled by
14  the licensee in the conduct of the business registered by the board at the
15  address for which the registration was issued.
16    (u) (v)  ``Pharmacy student'' means an individual, registered with the
17  board of pharmacy, enrolled in an accredited school of pharmacy.
18    (v) (w)  ``Pharmacy technician'' means an individual  who, under the
19  direct supervision and control of a pharmacist. A pharmacy technician,
20   may perform packaging, manipulative, repetitive or other nondiscretion-
21  ary tasks related to the processing of a prescription or medication order
22  and assist who assists the pharmacist in the performance of pharmacy
23  related duties, but shall who does not perform duties restricted to a phar-
24  macist.
25    (t) (w) (x)  ``Practitioner'' means a person licensed to practice medi-
26  cine and surgery, dentist, podiatrist, veterinarian, optometrist licensed
27  under the optometry law as a therapeutic licensee or diagnostic and ther-
28  apeutic licensee, or scientific investigator or other person authorized by
29  law to use a prescription-only drug in teaching or chemical analysis or to
30  conduct research with respect to a prescription-only drug.
31    (u) (x) (y)  ``Preceptor'' means a licensed pharmacist who possesses
32  at least two years' experience as a pharmacist and who supervises students
33  obtaining the pharmaceutical experience required by law as a condition
34  to taking the examination for licensure as a pharmacist.
35    (v) (y) (z)  ``Prescription'' means, according to the context, either a
36  prescription order or a prescription medication.
37    (w) (z) (aa)  ``Prescription medication'' means any drug, including la-
38  bel and container according to context, which is dispensed pursuant to a
39  prescription order.
40    (x) (aa) (bb)  ``Prescription-only drug'' means any drug required by
41  the federal or state food, drug and cosmetic act to bear on its label the
42  legend ``Caution: Federal law prohibits dispensing without prescription.''
43    (y) (bb) (cc)  ``Prescription order'' means: (1) An order to be filled by
SB 197--Am. by HCW

 1  a pharmacist for prescription medication issued and signed by a practi-
 2  tioner in the authorized course of professional practice; or (2) an order
 3  transmitted to a pharmacist through word of mouth, note, telephone or
 4  other means of communication directed by such practitioner.
 5    (z) (cc) (dd)  ``Probation'' means the practice or operation under a
 6  temporary license, registration or permit or a conditional license, regis-
 7  tration or permit of a business or profession for which a license, registra-
 8  tion or permit is granted by the board under the provisions of the phar-
 9  macy act of the state of Kansas requiring certain actions to be
10  accomplished or certain actions not to occur before a regular license,
11  registration or permit is issued.
12    (aa) (dd) (ee)  ``Professional incompetency'' means:
13    (1)  One or more instances involving failure to adhere to the appli-
14  cable standard of pharmaceutical care to a degree which constitutes gross
15  negligence, as determined by the board;
16    (2)  repeated instances involving failure to adhere to the applicable
17  standard of pharmaceutical care to a degree which constitutes ordinary
18  negligence, as determined by the board; or
19    (3)  a pattern of pharmacy practice or other behavior which demon-
20  strates a manifest incapacity or incompetence to practice pharmacy.
21    (bb) (ee) (ff)  ``Retail dealer'' means a person selling at retail non-
22  prescription drugs which are prepackaged, fully prepared by the manu-
23  facturer or distributor for use by the consumer and labeled in accordance
24  with the requirements of the state and federal food, drug and cosmetic
25  acts. Such nonprescription drugs shall not include: (1) A controlled sub-
26  stance; (2) a drug the label of which is required to bear substantially the
27  statement ``Caution: Federal law prohibits dispensing without prescrip-
28  tion''; or (3) a drug intended for human use by hypodermic injection.
29    (cc) (ff) (gg)  ``Secretary'' means the executive secretary of the board.
30    (gg)  ``Supervision'' means the process by which the responsible phar-
31  macist shall observe and direct the activities of a pharmacy student or
32  pharmacy technician to a sufficient degree to assure that all such activities
33  are performed accurately, safely and without risk or harm to patients,
34  and complete the final check before dispensing.
35    (dd) (hh)  ``Unprofessional conduct'' means:
36    (1)  Fraud in securing a registration or permit;
37    (2)  intentional adulteration or mislabeling of any drug, medicine,
38  chemical or poison;
39    (3)  causing any drug, medicine, chemical or poison to be adulterated
40  or mislabeled, knowing the same to be adulterated or mislabeled;
41    (4)  intentionally falsifying or altering records or prescriptions;
42    (5)  unlawful possession of drugs and unlawful diversion of drugs to
43  others;
SB 197--Am. by HCW

 1    (6)  willful betrayal of confidential information under K.S.A. 65-1654
 2  and amendments thereto;
 3    (7)  conduct likely to deceive, defraud or harm the public;
 4    (8)  making a false or misleading statement regarding the licensee's
 5  professional practice or the efficacy or value of a drug;
 6    (9)  commission of any act of sexual abuse, misconduct or exploitation
 7  related to the licensee's professional practice; or
 8    (10) performing unnecessary tests, examinations or services which
 9  have no legitimate pharmaceutical purpose.
10    Sec. 2.  K.S.A. 1996 Supp. 65-1642 is hereby amended to read
11  as follows: 65-1642. (a) Each pharmacy shall be equipped with
12  proper pharmaceutical utensils, in order that prescriptions can be
13  properly filled and United States pharmacopoeia and national for-
14  mulary preparations properly compounded, and with proper sani-
15  tary appliances which shall be kept in a clean and orderly manner.
16  The board shall prescribe the minimum of such professional and
17  technical equipment which a pharmacy shall at all times possess,
18  and such list shall include the latest revisions of the United States phar-
19  macopoeia dispensing information and all supplements thereto. The ratio
20  of supportive personnel performing nonjudgmental functions in the com-
21  pounding area of the pharmacy under the direction of a pharmacist, ex-
22  cluding pharmacist interns, to licensed pharmacists shall not exceed a
23  one-to-one ratio in other than medical care facility pharmacies and a
24  two-to-one ratio for medical care facility pharmacies except that any phar-
25  macy may be specifically authorized by the board to exceed the ratio
26  established under this subsection for that pharmacy upon the approval of
27  a specific plan describing the manner in which additional supportive per-
28  sonnel shall be supervised.
29    (b) (1)  Each pharmacy technician employed by a pharmacy shall be
30  registered with the board before entering upon any of the duties author-
31  ized by subsection (v)bcu (w) of K.S.A. 65-1626 and amendments thereto. A
32  pharmacy technician shall register with the board by completing and
33  filing with the board a registration form prescribed by the board and by
34  paying the fee prescribed by subsection (b)(15) of K.S.A. 65-1645 and
35  amendments thereto. A pharmacy technician shall renew the pharmacy
36  technician's registration annually by paying the renewal fee prescribed
37  by subsection (b)(15) of K.S.A. 65-1645 and amendments thereto.
38    (2)  [Each pharmacy shall at all times maintain a list of the
39  names of pharmacy technicians employed by the pharmacy and
40  shall post in a conspicuous location in the prescription area of the
41  pharmacy the name of the pharmacy technician currently on duty
42  at the pharmacy, if any.] A pharmacy technician shall work under the
43  direct supervision and control of a pharmacist. It shall be the responsi-
SB 197--Am. by HCW

 1  bility of the pharmacist to determine that the pharmacy technician is in
 2  compliance with the applicable rules and regulations of the board, and
 3  the pharmacist who supervises a pharmacy technician shall be responsible
 4  for the acts and omissions of the pharmacy technician in the performance
 5  of the pharmacy technician's duties. The ratio of pharmacy technicians
 6  to pharmacists in the prescription area of a pharmacy shall not exceed a
 7  two-to-one one-to-one ratio.
 8    (3) [(2)]  The board shall adopt such rules and regulations as are nec-
 9  essary to ensure that pharmacy technicians are adequately trained as to
10  the nature and scope of their lawful duties.
11    bcu(4)  This subsection (b) shall be effective on July 1, 1998.
12    (b) (c)  Each pharmacy shall keep a suitable book or file which
13  records every prescription order filled at the pharmacy and a med-
14  ication profile record system as provided under subsection (c) (d).
15section  The book or file of prescription orders shall be kept for a period of
16  not less than five years. The book or file of prescription orders shall
17  at all times be open to inspection by members of the board, the
18  secretary of health and environment, the duly authorized agents or
19  employees of such board or secretary and other proper authorities.
20    (c) (d) (1)  A medication profile record system shall be main-
21  tained in all pharmacies for persons for whom prescriptions are
22  dispensed. The following information shall be recorded: (A) The
23  name and address of the patient for whom the medication is in-
24  tended; (B) the prescriber's name, the original date the prescription
25  is dispensed and the number or designation identifying the prescrip-
26  tion; and (C) the name, strength and quantity of the drug dispensed
27  and the name of the dispensing pharmacist; and (D) drug allergies
28  and sensitivities.
29    (2)  Upon receipt of a prescription order, the pharmacist shall
30  examine the patient's medication profile record before dispensing
31  the medication to determine the possibility of a harmful drug interaction
32  or reaction to the medication according to federal and state laws and the
33  provisions of the board's rules and regulations [to determine the pos-
34  sibility of a harmful drug interaction or reaction to medication].
35ication  Upon recognizing a potential harmful drug interaction or reaction
36  to the medication, the pharmacist shall take appropriate action to
37  avoid or minimize the problem which shall, if necessary, include
38  consultation with the prescriber with documentation of actions taken
39  on the prescription record.
40    (3)  A medication profile record shall be maintained for a period
41  of not less than five years from the date of the last entry in the
42  record.
43    (4)  All prescription drug orders communicated by way of electronic
SB 197--Am. by HCW

 1  transmission shall conform to federal and state laws and the provisions
 2  of the board's rules and regulations.
 3    (d) (e)  No registration shall be issued or continued for the con-
 4  duct of a pharmacy until or unless the provisions of this section
 5  have been complied with.
 6    Sec. 3.  K.S.A. 65-1643 is hereby amended to read as follows:
 7  65-1643. On and after the effective date of this act, it shall be un-
 8  lawful:
 9    (a)  For any person to operate, maintain, open or establish any
10  pharmacy within this state without first having obtained a registra-
11  tion from the board. Each application for registration of a phar-
12  macy shall indicate the person or persons desiring the registration,
13  including the pharmacist in charge, as well as the location, includ-
14  ing the street name and number, and such other information as may
15  be required by the board to establish the identity and exact location
16  of the pharmacy. The issuance of a registration for any pharmacy
17  shall also have the effect of permitting such pharmacy to operate as
18  a retail dealer without requiring such pharmacy to obtain a retail
19  dealer's permit. On evidence satisfactory to the board: (1) That the
20  pharmacy for which the registration is sought will be conducted in
21  full compliance with the law and the rules and regulations of the
22  board; (2) that the location and appointments of the pharmacy are
23  such that it can be operated and maintained without endangering
24  the public health or safety; (3) that the pharmacy will be under the
25  supervision of a pharmacist, a registration shall be issued to such
26  persons as the board shall deem qualified to conduct such a phar-
27  macy.
28    (b)  For any person to manufacture within this state any drugs
29  except under the personal and immediate supervision of a phar-
30  macist or such other person or persons as may be approved by the
31  board after an investigation and a determination by the board that
32  such person or persons is qualified by scientific or technical train-
33  ing or experience to perform such duties of supervision as may be
34  necessary to protect the public health and safety; and no person
35  shall manufacture any such drugs without first obtaining a regis-
36  tration so to do from the board. Such registration shall be subject
37  to such rules and regulations with respect to requirements, sanita-
38  tion and equipment, as the board may from time to time adopt for
39  the protection of public health and safety.
40    (c)  For any person to distribute at wholesale any drugs without
41  first obtaining a registration so to do from the board.
42    (d)  For any person to sell or offer for sale at public auction or
43  private sale in a place where public auctions are conducted, any
SB 197--Am. by HCW

 1  drugs without first having obtained a registration from the board
 2  so to do, and it shall be necessary to obtain the permission of the
 3  board in every instance where any of the products covered by this
 4  section are to be sold or offered for sale.
 5    (e)  For any person to in any manner distribute or dispense sam-
 6  ples of any drugs without first having obtained a permit from the
 7  board so to do, and it shall be necessary to obtain permission from
 8  the board in every instance where the samples are to be distributed
 9  or dispensed. Nothing in this subsection shall be held to regulate or
10  in any manner interfere with the furnishing of samples of drugs to
11  duly licensed practitioners, to pharmacists or to medical care fa-
12  cilities.
13    (f)  Except as otherwise provided in this subsection (f), for any
14  person operating a store or place of business to sell, offer for sale
15  or distribute any drugs to the public without first having obtained
16  a registration or permit from the board authorizing such person so
17  to do. No retail dealer who sells 12 or fewer different nonprescrip-
18  tion drug products shall be required to obtain a retail dealer's per-
19  mit under the pharmacy act of the state of Kansas or to pay a retail
20  dealer new permit or permit renewal fee under such act. It shall be
21  lawful for a retail dealer who is the holder of a valid retail dealer's
22  permit issued by the board or for a retail dealer who sells 12 or
23  fewer different nonprescription drug products to sell and distribute
24  nonprescription drugs which are prepackaged, fully prepared by
25  the manufacturer or distributor for use by the consumer and la-
26  beled in accordance with the requirements of the state and federal
27  food, drug and cosmetic acts. Such nonprescription drugs shall not
28  include: (1) A controlled substance; (2) a drug product the label of
29  which is required to bear substantially the statement: ``Caution:
30  Federal law prohibits dispensing without prescription''; or (3) a
31  drug product intended for human use by hypodermic injection; but
32  such a retail dealer shall not be authorized to display any of the
33  words listed in subsection (s) of K.S.A. 65-1626 and amendments
34  thereto, for the designation of a pharmacy or drugstore.
35    (g)  For any person to sell any drugs manufactured and sold only
36  in the state of Kansas, unless the label and directions on such drugs
37  shall first have been approved by the board.
38    (h)  For any person to operate an institutional drug room with-
39  out first having obtained a registration to do so from the board.
40  Such registration shall be subject to the provisions of K.S.A. 65-
41  1637a and amendments thereto and any rules and regulations
42  adopted pursuant thereto.
43    (i)  For any person to be a pharmacy intern student without first
SB 197--Am. by HCW

 1  obtaining a registration to do so from the board, in accordance with
 2  rules and regulations adopted by the board, and paying a pharmacy
 3  intern student registration fee of $25 to the board.
 4    Sec. 4.  K.S.A. 65-1645 is hereby amended to read as follows:
 5  65-1645. (a) Application for registrations or permits under K.S.A.
 6  65-1643 and amendments thereto shall be made on a form pre-
 7  scribed and furnished by the board. Applications for registration to
 8  distribute at wholesale any drugs shall contain such information as
 9  may be required by the board in accordance with the provisions of
10  K.S.A. 65-1655 and amendments thereto. The application shall be
11  accompanied by the fee prescribed by the board under the provi-
12  sions of this section. When such application and fees are received
13  by the executive secretary of the board on or before the due date,
14  such application shall have the effect of temporarily renewing the
15  applicant's registration or permit until actual issuance or denial of
16  the renewal. However, if at the time of filing a proceeding is pending
17  before the board which may result in the suspension, probation,
18  revocation or denial of the applicant's registration or permit, the
19  board may declare, by emergency order, that such application for
20  renewal shall not have the effect of temporarily renewing such ap-
21  plicant's registration or permit. Separate applications shall be made
22  and separate registrations or permits issued for each separate place
23  at which is carried on any of the operations for which a registration
24  or permit is required by K.S.A. 65-1643 and amendments thereto
25  except that the board may provide for a single registration for a
26  business entity registered to manufacture any drugs or registered
27  to distribute at wholesale any drugs and operating more than one
28  facility within the state, or for a parent entity with divisions, sub-
29  sidiaries or affiliate companies, or any combination thereof, within
30  the state when operations are conducted at more than one location
31  and there exists joint ownership and control among all the entities.
32    (b)  The fees required for the issuing of the registrations or per-
33  mits required by K.S.A. 65-1643 and amendments thereto shall be
34  fixed by the board as herein provided, subject to the following:
35    (1)  Pharmacy, new registration not more than $150, renewal
36  not more than $125;
37    (2)  pharmacist, examination fee not more than $350;
38    (3)  pharmacist, examination fee for previously licensed phar-
39  macist not more than $250;
40    (4)  pharmacist, renewal fee not more than $100;
41    (5)  pharmacist, evaluation fee not more than $250;
42    (6)  pharmacist, reciprocal licensure fee not more than $250;
43    (7)  pharmacist, penalty fee, not more than $250;
SB 197--Am. by HCW

 1    (8)  manufacturer, new registration not more than $500, renewal
 2  not more than $400;
 3    (9)  wholesaler, new registration not more than $500, renewal
 4  not more than $400, except that a wholesaler dealing exclusively in
 5  nonprescription drugs, the manufacturing, distributing or dispens-
 6  ing of which does not require registration under the uniform con-
 7  trolled substances act, shall be assessed a fee for registration and
 8  reregistration not to exceed $50;
 9    (10)  special auction not more than $50;
10    (11)  samples distribution not more than $50;
11    (12)  institutional drug room, new registration not more than
12  $40, renewal not more than $35;
13    (13)  retail dealer selling more than 12 different nonprescription
14  drug products, new permit not more than $12, renewal not more
15  than $12; or
16    (14)  certification of grades for each applicant for examination
17  and registration not more than $25.; or
18    (15)  pharmacy technician, new registration or renewal, not more than
19  $50bcu $10.
20    (c)  For the purpose of fixing fees, the board may establish clas-
21  ses of retail dealers' permits for retail dealers selling more than 12
22  different nonprescription drug products, and the board may fix a
23  different fee for each such class of permit.
24    (d)  The board shall determine annually the amount necessary
25  to carry out and enforce the provisions of this act for the next en-
26  suing fiscal year and shall fix by rules and regulations the fees au-
27  thorized for such year at the sum deemed necessary for such pur-
28  poses. The fees fixed by the board under this section immediately
29  prior to the effective date of this act shall continue in effect until
30  different fees are fixed by the board by rules and regulations as
31  provided under this section.
32    (e)  The board may deny renewal of any registration or permit
33  required by K.S.A. 65-1643 and amendments thereto on any ground
34  which would authorize the board to suspend, revoke or place on
35  probation a registration or permit previously granted pursuant to
36  the provisions of K.S.A. 65-1643 and amendments thereto. Registra-
37  tions and permits issued under the provisions of K.S.A. 65-1643 and
38  65-1644 and amendments thereto shall be conspicuously displayed
39  in the place for which the registration or permit was granted. Such
40  registrations or permits shall not be transferable. All such registra-
41  tions and permits except retail dealer permits and pharmacy techni-
42  cian registrations shall expire on June 30 following date of issuance.
43  Retail dealers' permits and pharmacy technicians' registrations shall
SB 197--Am. by HCW

 1  expire on the last day of February. All registrations and permits
 2  shall be renewed annually. Application blanks for renewal of reg-
 3  istrations and permits shall be mailed by the board to each regis-
 4  trant or permittee at least 30 days prior to expiration of the regis-
 5  tration or permit. If application for renewal is not made before 30
 6  days after such expiration, the existing registration or permit shall
 7  lapse and become null and void on the date of its expiration, and
 8  no new registration or permit shall be granted except upon payment
 9  of the required renewal fee plus a penalty equal to the renewal fee.
10  Failure of any registrant or permittee to receive such application
11  blank shall not relieve the registrant or permittee from the penalty
12  hereby imposed if the renewal is not made as prescribed.
13    Sec. 2 5.  K.S.A. 65-1626, as amended by section 118 of chapter 229
14  of the 1996 Session Laws of Kansas, is 65-1643 and 65-1645 [and 65-
15  1643] and K.S.A. 1996 Supp. 65-1642 are hereby repealed.
16    Sec. 3 6.  This act shall take effect and be in force from and after its
17  publication in the statute book.