Effective: April 20, 2000
SENATE BILL No. 528
An Act concerning chemical control act; relating to
practitioners; amending K.S.A. 1999
Supp. 65-7003 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
65-7003 is hereby amended to read as
follows: 65-7003. As used in K.S.A. 1999 Supp. 65-7001 through
and amendments thereto:
(a) "Act" means the Kansas chemical
(b) "administer" means the application of
a regulated chemical
whether by injection, inhalation, ingestion or any other means,
into the body of a patient or research subject, such administration
conducted by: (1) A practitioner, or in the practitioner's
presence, by such
practitioner's authorized agent; or
(2) the patient or research subject at
the direction and in the presence
of the practitioner;
(c) "agent or representative" means a
person who is authorized to
receive, possess, manufacture or distribute or in any other manner
or has access to a regulated chemical on behalf of another
(d) "bureau" means the Kansas bureau of
(e) "department" means the Kansas
department of health and envi-
(f) "director" means the director of the
Kansas bureau of investiga-
(g) "dispense" means to deliver a
regulated chemical to an ultimate
user, patient or research subject by, or pursuant to the lawful
order of, a
practitioner, including the prescribing, administering, packaging,
or compounding necessary to prepare the regulated chemical for
(h) "distribute" means to deliver other
than by administering or dis-
pensing a regulated chemical;
(i) "manufacture" means to produce,
prepare, propagate, compound,
convert or process a regulated chemical directly or indirectly, by
tion from substances of natural origin, chemical synthesis or a
tion of extraction and chemical synthesis, and includes packaging
packaging of the substance or labeling or relabeling of its
term excludes the preparation, compounding, packaging, repackaging,
beling or relabeling of a regulated chemical:
(1) By a practitioner as an incident to
the practitioner's administering
or dispensing of a regulated chemical in the course of the
professional practice; or
(2) by a practitioner, or by the
practitioner's authorized agent under
the practitioner's supervision, for the purpose of, or as an
research, teaching or chemical analysis and not for sale;
(j) "person" means individual,
corporation, business trust, estate,
trust, partnership, association, joint venture, government,
subdivision or agency, or any other legal or commercial entity;
(k) "practitioner" means a person
licensed to practice medicine and
surgery, pharmacist, dentist, podiatrist, veterinarian,
under the optometry laws as a therapeutic licensee or diagnostic
therapeutic licensee, or scientific investigator or other person
by law to use a controlled substance in teaching or chemical
to conduct research with respect to a controlled substance;
(l) "regulated chemical" means a chemical
that is used directly or
indirectly to manufacture a controlled substance or other regulated
ical in violation of the state controlled substances act or this
act. The fact
that a chemical may be used for a purpose other than the
of a controlled substance or regulated chemical does not exempt it
the provisions of this act. Regulated chemical includes:
(1) Acetic anhydride (CAS No.
(2) benzaldehyde (CAS No. 100-52-7);
(3) benzyl chloride (CAS No.
(4) benzyl cyanide (CAS No.
(5) diethylamine and its salts (CAS No.
(6) ephedrine, its salts, optical isomers
and salts of optical isomers
(CAS No. 299-42-3), except products containing ephedra or ma
which do not contain any chemically synthesized ephedrine
are lawfully marketed as dietary supplements under federal law;
(7) hydriodic acid (CAS No.
(8) iodine (CAS No. 7553-56-2);
(9) lithium (CAS No. 7439-93-2);
(10) methylamine and its salts (CAS No.
(11) nitroethane (CAS No. 79-24-3);
(12) chloroephedrine, its salts, optical
isomers, and salts of optical
isomers (CAS No. 30572-91-9);
(13) phenylacetic acid, its esters and
salts (CAS No. 103-82-2);
(14) phenylpropanolamine, its salts,
optical isomers, and salts of op-
tical isomers (CAS No. 14838-15-4);
(15) piperidine and its salts (CAS No.
(16) pseudoephedrine, its salts, optical
isomers, and salts of optical
isomers (CAS No. 90-82-4);
(17) red phosphorous (CAS No.
(18) sodium (CAS No. 7440-23-5); and
(19) thionylchloride (CAS No.
(m) "regulated chemical distributor"
means any person subject to the
provisions of the Kansas chemical control act who manufactures or
tributes a regulated chemical;
(n) "regulated chemical retailer" means
any person who sells regu-
lated chemicals directly to the public;
(o) "regulated chemical transaction"
means the manufacture of a reg-
ulated chemical or the distribution, sale, exchange or other
transfer of a
regulated chemical within or into the state or from this state into
(p) "secretary" means the secretary of
health and environment.
Sec. 2. K.S.A. 1999 Supp.
65-7003 is hereby repealed.
Sec. 3. This act shall take
effect and be in force from and after its
publication in the Kansas register.