As Amended by Senate Committee
Session of 2000
By Committee on Public Health and Welfare

10             AN  ACT relating to pharmacy technicians; amending K.S.A. 1999 Supp.
11             65-1642 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-1642 is hereby amended to read as
15       follows: 65-1642. (a) Each pharmacy shall be equipped with proper phar-
16       maceutical utensils, in order that prescriptions can be properly filled and
17       United States pharmacopoeia and national formulary preparations prop-
18       erly compounded, and with proper sanitary appliances which shall be kept
19       in a clean and orderly manner. The board shall prescribe the minimum
20       of such professional and technical equipment which a pharmacy shall at
21       all times possess.
22             (b)  (1) Each pharmacy shall at all times maintain a list of the names
23       of pharmacy technicians employed by the pharmacy and shall post in a
24       conspicuous location in the prescription area of the pharmacy the name
25       of the pharmacy technician currently on duty at the pharmacy, if any. A
26       pharmacy technician shall work under the direct supervision and control
27       of a pharmacist. It shall be the responsibility of the pharmacist to deter-
28       mine that the pharmacy technician is in compliance with the applicable
29       rules and regulations of the board, and the pharmacist who supervises a
30       pharmacy technician shall be responsible for the acts and omissions of
31       the pharmacy technician in the performance of the pharmacy technician's
32       duties. The ratio of pharmacy technicians to pharmacists in the prescrip-
33       tion area of a pharmacy shall not exceed a two-to-one ratio except that
34       the board may establish by rules and regulations a ratio greater than two
35       pharmacy technicians for each pharmacist in the prescription area of a
36       pharmacy.
37             (2) The board shall adopt such rules and regulations as are necessary
38       to ensure that pharmacy technicians are adequately trained as to the na-
39       ture and scope of their lawful duties. Pursuant to rules and regulations
40       of the board, each pharmacy technician shall register with the board and
41       the responsible pharmacist shall provide sufficient information to identify
42       the registrant. At the time a pharmacy registers with the board: (1)
43       The pharmacist in charge shall provide to the board the name, ad-


  1       dress and date of birth of each pharmacy technician employed by
  2       the pharmacy; and (2) a pharmacy which employs a pharmacy tech-
  3       nician or technicians shall pay to the board a $20 pharmacy tech-
  4       nician register fee. The pharmacist in charge shall report to the
  5       board the name, address and date of birth of any newly hired phar-
  6       macy technician and the name of any pharmacy technician who has
  7       ceased to be employed by the pharmacy within 10 days of hiring a
  8       pharmacy technician or within 10 days of the cessation of employ-
  9       ment of a pharmacy technician.
10             (c) Each pharmacy shall keep a suitable book or file which records
11       every prescription order filled at the pharmacy and a medication profile
12       record system as provided under subsection (d). The book or file of pre-
13       scription orders shall be kept for a period of not less than five years. The
14       book or file of prescription orders shall at all times be open to inspection
15       by members of the board, the secretary of health and environment, the
16       duly authorized agents or employees of such board or secretary and other
17       proper authorities.
18             (d)  (1) A medication profile record system shall be maintained in all
19       pharmacies for persons for whom prescriptions are dispensed. The fol-
20       lowing information shall be recorded: (A) The name and address of the
21       patient for whom the medication is intended; (B) the prescriber's name,
22       the original date the prescription is dispensed and the number or desig-
23       nation identifying the prescription; (C) the name, strength and quantity
24       of the drug dispensed and the name of the dispensing pharmacist; and
25       (D) drug allergies and sensitivities.
26             (2) Upon receipt of a prescription order, the pharmacist shall examine
27       the patient's medication profile record before dispensing the medication
28       to determine the possibility of a harmful drug interaction or reaction to
29       medication. Upon recognizing a potential harmful drug interaction or
30       reaction to the medication, the pharmacist shall take appropriate action
31       to avoid or minimize the problem which shall, if necessary, include con-
32       sultation with the prescriber with documentation of actions taken on the
33       prescription record.
34             (3) A medication profile record shall be maintained for a period of
35       not less than five years from the date of the last entry in the record.
36             (4) All prescription drug orders communicated by way of electronic
37       transmission shall conform to federal and state laws and the provisions of
38       the board's rules and regulations.
39             (e) No registration shall be issued or continued for the conduct of a
40       pharmacy until or unless the provisions of this section have been complied
41       with. 
42       Sec.  2. K.S.A. 1999 Supp. 65-1642 is hereby repealed.


  1        Sec.  3. This act shall take effect and be in force from and after its
  2       publication in the statute book.