SENATE BILL No. 435
An Act concerning livestock; relating to regulation of
livestock remedies; amending K.S.A.
65-2701 and K.S.A. 2001 Supp. 65-679 and 65-1626; also repealing
K.S.A. 47-501, 47-
502, 47-503, 47-505, 47-507, 47-508, 47-509, 47-510, 47-513, 47-514
and 47-515 and
K.S.A. 2001 Supp. 47-504.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp. 65-679
is hereby amended to read as
follows: 65-679. Nothing in this act shall be construed as limiting
abridging the authority of the secretary of agriculture established
the Kansas dairy law, K.S.A. 2001 Supp. 65-771 through 65-791,
the Kansas livestock remedy law, K.S.A.
through 47-515, and amendments thereto; or the
feeding stuffs law, K.S.A. 2-1001 through 2-1013, and
Sec. 2. K.S.A. 2001 Supp. 65-1626
is hereby amended to read as
follows: 65-1626. For the purposes of this act:
(a) ``Administer'' means the direct
application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of
or research subject by:
(1) A practitioner or pursuant to the
lawful direction of a practitioner;
(2) the patient or research subject at
the direction and in the presence
of the practitioner; or
(3) a pharmacist as authorized in K.S.A.
2001 Supp. 65-1635a and
(b) ``Agent'' means an authorized person
who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall
include a common or contract carrier, public warehouseman or
of the carrier or warehouseman when acting in the usual and lawful
of the carrier's or warehouseman's business.
(c) ``Board'' means the state board of
pharmacy created by K.S.A. 74-
1603 and amendments thereto.
(d) ``Brand exchange'' means the
dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic
than the brand name drug product prescribed.
(e) ``Brand name'' means the registered
trademark name given to a
drug product by its manufacturer, labeler or distributor.
(f) ``Deliver'' or ``delivery'' means the
actual, constructive or at-
tempted transfer from one person to another of any drug whether or
an agency relationship exists.
(g) ``Direct supervision'' means the
process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy
or pharmacy technician to a sufficient degree to assure that all
tivities are performed accurately, safely and without risk or harm
tients, and complete the final check before dispensing.
(h) ``Dispense'' means to deliver
prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of
practitioner or pursuant to the prescription of a mid-level
(i) ``Dispenser'' means a practitioner or
pharmacist who dispenses
(j) ``Distribute'' means to deliver,
other than by administering or dis-
pensing, any drug.
(k) ``Distributor'' means a person who
distributes a drug.
(l) ``Drug'' means: (1) Articles
recognized in the official United States
pharmacopoeia, or other such official compendiums of the United
or official national formulary, or any supplement of any of them;
ticles intended for use in the diagnosis, cure, mitigation,
prevention of disease in man or other animals; (3) articles, other
food, intended to affect the structure or any function of the body
or other animals; and (4) articles intended for use as a component
articles specified in clause (1), (2) or (3) of this subsection;
but does not
include devices or their components, parts or accessories, except
term ``drug'' shall not include amygdalin (laetrile) or any
as defined in K.S.A. 47-501 and amendments
thereto, if such livestock
has had been registered in
accordance with the provisions of
article 5 of chapter 47 of the Kansas Statutes Annotated prior
to its repeal.
(m) ``Electronic transmission'' means
transmission of information in
electronic form or the transmission of the exact visual image of a
ment by way of electronic equipment.
(n) ``Generic name'' means the
established chemical name or official
name of a drug or drug product.
(o) (1) ``Institutional drug room''
means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs
administered or dispensed and which is maintained or operated for
purpose of providing the drug needs of:
(A) Inmates of a jail or correctional
institution or facility;
(B) residents of a juvenile detention
facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;
(C) students of a public or private
university or college, a community
college or any other institution of higher learning which is
(D) employees of a business or other
(E) persons receiving inpatient hospice
(2) ``Institutional drug room'' does not
(A) Any registered pharmacy;
(B) any office of a practitioner; or
(C) a location where no prescription-only
drugs are dispensed and no
prescription-only drugs other than individual prescriptions are
(p) ``Medical care facility'' shall have
the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also
facilities licensed under the provisions of K.S.A. 75-3307b and
ments thereto except community mental health centers and facilities
the mentally retarded.
(q) ``Manufacture'' means the production,
compounding, conversion or processing of a drug either directly or
directly by extraction from substances of natural origin,
means of chemical synthesis or by a combination of extraction and
ical synthesis and includes any packaging or repackaging of the
labeling or relabeling of its container, except that this term
shall not in-
clude the preparation or compounding of a drug by an individual for
individual's own use or the preparation, compounding, packaging or
beling of a drug by: (1) A practitioner or a practitioner's
incident to such practitioner's administering or dispensing of a
the course of the practitioner's professional practice; (2) a
by a practitioner's authorized agent or under a practitioner's
for the purpose of, or as an incident to, research, teaching or
analysis and not for sale; or (3) a pharmacist or the pharmacist's
ized agent acting under the direct supervision of the pharmacist
purpose of, or incident to, the dispensing of a drug by the
(r) ``Person'' means individual,
corporation, government, govern-
mental subdivision or agency, partnership, association or any other
(s) ``Pharmacist'' means any natural
person licensed under this act to
(t) ``Pharmacist in charge'' means the
pharmacist who is responsible
to the board for a registered establishment's compliance with the
and regulations of this state pertaining to the practice of
ufacturing of drugs and the distribution of drugs. The pharmacist
charge shall supervise such establishment on a full-time or a
basis and perform such other duties relating to supervision of a
establishment as may be prescribed by the board by rules and
Nothing in this definition shall relieve other pharmacists or
their responsibility to comply with state and federal laws and
(u) ``Pharmacy,'' ``drug store'' or
``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale
the profession of pharmacy is practiced and where prescriptions are
pounded and dispensed; or (2) which has displayed upon it or within
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,''
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries''
or any of these
words or combinations of these words or words of similar import
in English or any sign containing any of these words; or (3) where
characteristic symbols of pharmacy or the characteristic
``Rx'' may be exhibited. As used in this subsection, premises
to the portion of any building or structure leased, used or
the licensee in the conduct of the business registered by the board
address for which the registration was issued.
(v) ``Pharmacy student'' means an
individual, registered with the
board of pharmacy, enrolled in an accredited school of
(w) ``Pharmacy technician'' means an
individual who, under the direct
supervision and control of a pharmacist, may perform packaging,
ulative, repetitive or other nondiscretionary tasks related to the
of a prescription or medication order and who assists the
the performance of pharmacy related duties, but who does not
duties restricted to a pharmacist.
(x) ``Practitioner'' means a person
licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed
optometry law as a therapeutic licensee or diagnostic and
licensee, or scientific investigator or other person authorized by
use a prescription-only drug in teaching or chemical analysis or to
research with respect to a prescription-only drug.
(y) ``Preceptor'' means a licensed
pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students
taining the pharmaceutical experience required by law as a
taking the examination for licensure as a pharmacist.
(z) ``Prescription'' means, according to
the context, either a prescrip-
tion order or a prescription medication.
(aa) ``Prescription medication'' means
any drug, including label and
container according to context, which is dispensed pursuant to a
(bb) ``Prescription-only drug'' means any
drug whether intended for
use by man or animal, required by federal or state law (including
United States Code section 353, as amended) to be dispensed only
suant to a written or oral prescription or order of a practitioner
restricted to use by practitioners only.
(cc) ``Prescription order'' means: (1) An
order to be filled by a phar-
macist for prescription medication issued and signed by a
a mid-level practitioner in the authorized course of professional
or (2) an order transmitted to a pharmacist through word of mouth,
telephone or other means of communication directed by such
or mid-level practitioner.
(dd) ``Probation'' means the practice or
operation under a temporary
license, registration or permit or a conditional license,
registration or per-
mit of a business or profession for which a license, registration
is granted by the board under the provisions of the pharmacy act of
state of Kansas requiring certain actions to be accomplished or
actions not to occur before a regular license, registration or
(ee) ``Professional incompetency''
(1) One or more instances involving
failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes
negligence, as determined by the board;
(2) repeated instances involving failure
to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes
negligence, as determined by the board; or
(3) a pattern of pharmacy practice or
other behavior which demon-
strates a manifest incapacity or incompetence to practice
(ff) ``Retail dealer'' means a person
selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or
tributor for use by the consumer and labeled in accordance with
requirements of the state and federal food, drug and cosmetic acts.
nonprescription drugs shall not include: (1) A controlled
substance; (2) a
prescription-only drug; or (3) a drug intended for human use by
(gg) ``Secretary'' means the executive
secretary of the board.
(hh) ``Unprofessional conduct''
(1) Fraud in securing a registration or
(2) intentional adulteration or
mislabeling of any drug, medicine,
chemical or poison;
(3) causing any drug, medicine, chemical
or poison to be adulterated
or mislabeled, knowing the same to be adulterated or
(4) intentionally falsifying or altering
records or prescriptions;
(5) unlawful possession of drugs and
unlawful diversion of drugs to
(6) willful betrayal of confidential
information under K.S.A. 65-1654
and amendments thereto;
(7) conduct likely to deceive, defraud or
harm the public;
(8) making a false or misleading
statement regarding the licensee's
professional practice or the efficacy or value of a drug;
(9) commission of any act of sexual
abuse, misconduct or exploitation
related to the licensee's professional practice; or
(10) performing unnecessary tests,
examinations or services which
have no legitimate pharmaceutical purpose.
(ii) ``Mid-level practitioner'' means an
advanced registered nurse
practitioner issued a certificate of qualification pursuant to
and amendments thereto who has authority to prescribe drugs
to a written protocol with a responsible physician under K.S.A.
and amendments thereto or a physician assistant licensed pursuant
physician assistant licensure act who has authority to prescribe
suant to a written protocol with a responsible physician under
Supp. 65-28a08 and amendments thereto.
(jj) ``Vaccination protocol'' means a
written protocol, agreed to by a
pharmacist and a person licensed to practice medicine and surgery
state board of healing arts, which establishes procedures and
ing and reporting requirements for administering a vaccine by the
macist for a period of time specified therein, not to exceed two
(kk) ``Veterinary medical teaching
hospital pharmacy'' means any lo-
cation where prescription-only drugs are stored as part of an
college of veterinary medicine and from which prescription-only
are distributed for use in treatment of or administration to a
Sec. 3. K.S.A. 65-2701 is hereby
amended to read as follows: 65-
2701. For the purposes of this act, the term ``hazardous household
shall mean means: Any article which
purports to be useful in the accom-
plishment of any domestic task, any article for personal use, or
which is a substance or which contains substances that may be
to human beings.
This definition shall
``Hazardous household article'' does
not include the following: Foods, drugs or cosmetics as
defined in K.S.A.
any amendments thereto; agricultural
chemicals as defined
in K.S.A. 2-2202, and
any amendments thereto;
livestock remedies as
defined in K.S.A. 47-501
, and any amendments
thereto prior to its repeal;
or state pharmacy act definitions included in K.S.A. 65-1626,
or any and
Sec. 4. K.S.A. 47-501, 47-502,
47-503, 47-505, 47-507, 47-508, 47-
509, 47-510, 47-513, 47-514, 47-515 and 65-2701 and K.S.A. 2001
47-504, 65-679 and 65-1626 are hereby repealed.
Sec. 5. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 4, 2002.