170             1997 Session Laws of Kansas             Ch. 57

Chapter 57


An Act concerning controlled substances; relating to treatment of obesity; amending K.S.A.
65-2837a and repealing the existing section.

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

Section 1. K.S.A. 65-2837a is hereby amended to read as follows: 65-
2837a. (a) It shall be unlawful for any person licensed to practice medicine
and surgery to prescribe, order, dispense, administer, sell, supply or give
any amphetamine or sympathomimetic amine designated in schedule II,
III or IV under the uniform controlled substances act, except as provided
in this section. Failure to comply with this section shall constitute unpro-
fessional conduct under K.S.A. 65-2837 and amendments thereto.

(b) When any licensee prescribes, orders, dispenses, administers,
sells, supplies or gives any amphetamine or sympathomimetic amine des-
ignated in schedule II, III or IV under the uniform controlled substances
act, the patient's medical record shall adequately document and the pre-
scription order shall indicate in the licensee's own handwriting, the pur-

Ch. 57             1997 Session Laws of Kansas             171

pose for which the drug is being given. Such purpose shall be restricted
to one or more of the following:

(1) The treatment of narcolepsy.

(2) The treatment of drug-induced brain dysfunction.

(3) The treatment of hyperkinesis.

(4) The differential diagnostic psychiatric evaluation of depression.

(5) The treatment of depression shown by adequate medical records
and documentation to be unresponsive to other forms of treatment.

(6) The clinical investigation of the effects of such drugs or com-
pounds, in which case, before the investigation is begun, the licensee
shall, in addition to other requirements of applicable laws, apply for and
obtain approval of the investigation from the board of healing arts.

(7) The short-term treatment of obesity with schedule III and IV
amphetamines or sympathomimetic amines
controlled substances, as may
be defined by rules and regulations adopted by the board of healing arts.

(8) The treatment of any other disorder or disease for which such
drugs or compounds have been found to be safe and effective by com-
petent scientific research which findings have been generally accepted by
the scientific community, in which case, before prescribing, ordering,
dispensing, administering, selling, supplying or giving the drug or com-
pound for a particular condition, the licensee shall obtain a determination
from the board of healing arts that the drug or compound can be used
for that particular condition.

Sec. 2. K.S.A. 65-2837a is hereby repealed.

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

Approved April 4, 1997.