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
Sec. 3. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 6, 2000.
Published in the Kansas Register April 20, 2000.