65-1657.Nonresident pharmacy registration;information required; civil fine;regulatory requirements; drug product selection rules; interstate deliveryguidelines; disciplinary action; pharmacies prohibited from advertising unlessregistered; penalties for violations; injunctive relief; rules andregulations.(a) No nonresident pharmacy shall ship, mail or deliver, inany manner, prescription drugs to a patient in this state unless registeredunder this section as a nonresident pharmacy. Applications for a nonresidentpharmacy registration under this section shall be made on a form furnished bythe board. A nonresident pharmacy registration shall be granted for a periodof one year upon compliance by the nonresident pharmacy with the provisions ofthis section and rules and regulations adopted pursuant to this section andupon payment of the registration fee established under K.S.A. 65-1645,andamendments thereto, for a pharmacy registration. A nonresident pharmacyregistration shall be renewed annually on forms provided by the board, uponcompliance by the nonresident pharmacy with the provisions of this section andrules and regulations adopted pursuant to this section and upon payment of therenewal fee established under K.S.A. 65-1645, and amendmentsthereto, for therenewal of a pharmacy registration.
(b) As conditions for the granting of a registration and for the renewal ofa registration for a nonresident pharmacy, the nonresident pharmacy shallcomply with the following:
(1) Provide information to the board to indicate the person or personsapplying for the registration, the location of the pharmacy from which theprescription drugs will be dispensed, the names and titles of all principalowners and corporate officers, if any, and the names of all pharmacistsdispensing prescription drugs to residents of Kansas;
(2) be registered and in good standing in the state in which such pharmacyis located;
(3) maintain, in readily retrievable form, records of prescription drugsdispensed to Kansas patients;
(4) supply upon request, all information needed by the board to carry outthe board's responsibilities under this section and rules and regulationsadopted pursuant to this section;
(5) maintain pharmacy hours that permit the timely dispensing of drugs toKansas patients and provide reasonable access for the patients to consult witha licensed pharmacist about such patients' medications;
(6) provide toll-free telephone communication consultation between a Kansaspatient and a pharmacist at the pharmacy who has access to the patient'srecords, and ensure that the telephone number(s) will be placed upon the labelaffixed to each prescription drug container dispensed in Kansas; and
(7) provide to the board such other information as the board may reasonablyrequest to administer the provisions of this section.
(c) When any nonresident pharmacy fails to supply requested information tothe board or fails to respond to proper inquiry of the board, after receivingnotice by certified mail, the board may assess a civil fine in accordance withthe provisions in K.S.A. 65-1658, and amendments thereto.
(d) Each nonresident pharmacy shall comply with the following unlesscompliance would be in conflict with specific laws or rules andregulations of the state in which the pharmacy is located:
(1) All statutory and regulatory requirements of Kansas for controlledsubstances, including those that are different from federal law;
(2) labeling of all prescriptions dispensed, to include but not be limitedto identification of the product and quantity dispensed;
(3) all the statutory and regulatory requirements of Kansas for dispensingprescriptions in accordance with the quantities indicated by the prescriber;and
(4) the Kansas law regarding the maintenance and use of the patientmedication profile record system.
(e) In addition to subsection (d)requirements, each nonresident pharmacy shall comply with all the statutoryand regulatory requirements of Kansas regarding drug product selection lawswhether or not such compliance would be in conflict with specific laws or rulesand regulations of the state in which the pharmacy is located, except thatcompliance which constitutes only a minor conflict with specific laws or rulesand regulations of the state in which the pharmacy is located would not berequired under this subsection.
(f) Each nonresident pharmacy shall develop and provide theboard with a policy and procedure manual that sets forth:
(1) Normal delivery protocols and times;
(2) the procedure to be followed if the patient's medication is notavailable at the nonresident pharmacy, or if delivery will be delayed beyondthe normal delivery time;
(3) the procedure to be followed upon receipt of a prescription for an acuteillness, which policy shall include a procedure for delivery of themedication to the patient from the nonresident pharmacy at the earliestpossible time, or an alternative that assures the patient the opportunity toobtain the medication at the earliest possible time; and
(4) the procedure to be followed when the nonresident pharmacy is advisedthat the patient's medication has not been received within the normal deliverytime and that the patient is out of medication and requires interim dosageuntil mailed prescription drugs become available.
(g) Except in emergencies that constitute an immediatethreat to the publichealth and require prompt action by the board, the board may file a complaintagainst any nonresident pharmacy that violates any provision of this section.This complaint shall be filed with the regulatory or licensing agency ofthe state in which the nonresident pharmacy is located. If the regulatoryor licensing agency of the state in which the nonresident pharmacy islocated fails to resolve the violation complained of within a reasonable time,not less than 180 days from the date that the complaint is filed, disciplinaryproceedings may be initiated by the board. The board also may initiatedisciplinary actions against a nonresident pharmacy if the regulatory orlicensing agency of the state in which the nonresident pharmacy is locatedlacks or fails to exercise jurisdiction.
(h) The board shall adopt rules and regulations that makeexceptions to therequirement of registration by a nonresident pharmacy when the out-of-statepharmacy supplies lawful refills to a patient from a prescription that wasoriginally filled and delivered to a patient within the state in which thenonresident pharmacy is located, or when the prescriptions being mailed intothe state of Kansas by a nonresident pharmacy occurs only in isolatedtransactions.In determining whether the prescriptions being mailed into the state of Kansasby a nonresident pharmacy are isolated transactions, the board shall considerwhether the pharmacy has promoted its services in this state and whether thepharmacy has a contract with any employer or organization to provide pharmacyservices to employees or other beneficiaries in this state.
(i) It is unlawful for any nonresident pharmacy which isnot registeredunder this act to advertise its services in this state, or for any person whois a resident of this state to advertise the pharmacy services of a nonresidentpharmacy which has not registered with the board, with the knowledge that theadvertisement will or is likely to induce members of the public in this stateto use the pharmacy to fill prescriptions.
(j) Upon request of the board, the attorney general maybring an action ina court of competent jurisdiction for injunctive relief to restrain a violationof the provisions of this section or any rules and regulations adopted by theboard under authority of this section. The remedy provided under thissubsection shall be in addition to any other remedy provided under this sectionor under the pharmacy act of the state of Kansas.
(k) The board may adopt rules and regulations as necessaryand as areconsistent with this section to carry out the provisions of this section.
(l) The executive secretary of the board shall remit allmoneys received from fees under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto.Upon receipt of each such remittance, the state treasurer shall deposit theentire amount in the manner specified under K.S.A. 74-1609, and amendmentsthereto.
(m) A violation of this section is a severity level 10,nonperson felony.
(n) This section shall be part of and supplemental tothe pharmacy act of the state of Kansas.
65-1657.Nonresident pharmacy registration;information required; civil fine;regulatory requirements; drug product selection rules; interstate deliveryguidelines; disciplinary action; pharmacies prohibited from advertising unlessregistered; penalties for violations; injunctive relief; rules andregulations.(a) No nonresident pharmacy shall ship, mail or deliver, inany manner, prescription drugs to a patient in this state unless registeredunder this section as a nonresident pharmacy. Applications for a nonresidentpharmacy registration under this section shall be made on a form furnished bythe board. A nonresident pharmacy registration shall be granted for a periodof one year upon compliance by the nonresident pharmacy with the provisions ofthis section and rules and regulations adopted pursuant to this section andupon payment of the registration fee established under K.S.A. 65-1645,andamendments thereto, for a pharmacy registration. A nonresident pharmacyregistration shall be renewed annually on forms provided by the board, uponcompliance by the nonresident pharmacy with the provisions of this section andrules and regulations adopted pursuant to this section and upon payment of therenewal fee established under K.S.A. 65-1645, and amendmentsthereto, for therenewal of a pharmacy registration.
(b) As conditions for the granting of a registration and for the renewal ofa registration for a nonresident pharmacy, the nonresident pharmacy shallcomply with the following:
(1) Provide information to the board to indicate the person or personsapplying for the registration, the location of the pharmacy from which theprescription drugs will be dispensed, the names and titles of all principalowners and corporate officers, if any, and the names of all pharmacistsdispensing prescription drugs to residents of Kansas;
(2) be registered and in good standing in the state in which such pharmacyis located;
(3) maintain, in readily retrievable form, records of prescription drugsdispensed to Kansas patients;
(4) supply upon request, all information needed by the board to carry outthe board's responsibilities under this section and rules and regulationsadopted pursuant to this section;
(5) maintain pharmacy hours that permit the timely dispensing of drugs toKansas patients and provide reasonable access for the patients to consult witha licensed pharmacist about such patients' medications;
(6) provide toll-free telephone communication consultation between a Kansaspatient and a pharmacist at the pharmacy who has access to the patient'srecords, and ensure that the telephone number(s) will be placed upon the labelaffixed to each prescription drug container dispensed in Kansas; and
(7) provide to the board such other information as the board may reasonablyrequest to administer the provisions of this section.
(c) When any nonresident pharmacy fails to supply requested information tothe board or fails to respond to proper inquiry of the board, after receivingnotice by certified mail, the board may assess a civil fine in accordance withthe provisions in K.S.A. 65-1658, and amendments thereto.
(d) Each nonresident pharmacy shall comply with the following unlesscompliance would be in conflict with specific laws or rules andregulations of the state in which the pharmacy is located:
(1) All statutory and regulatory requirements of Kansas for controlledsubstances, including those that are different from federal law;
(2) labeling of all prescriptions dispensed, to include but not be limitedto identification of the product and quantity dispensed;
(3) all the statutory and regulatory requirements of Kansas for dispensingprescriptions in accordance with the quantities indicated by the prescriber;and
(4) the Kansas law regarding the maintenance and use of the patientmedication profile record system.
(e) In addition to subsection (d)requirements, each nonresident pharmacy shall comply with all the statutoryand regulatory requirements of Kansas regarding drug product selection lawswhether or not such compliance would be in conflict with specific laws or rulesand regulations of the state in which the pharmacy is located, except thatcompliance which constitutes only a minor conflict with specific laws or rulesand regulations of the state in which the pharmacy is located would not berequired under this subsection.
(f) Each nonresident pharmacy shall develop and provide theboard with a policy and procedure manual that sets forth:
(1) Normal delivery protocols and times;
(2) the procedure to be followed if the patient's medication is notavailable at the nonresident pharmacy, or if delivery will be delayed beyondthe normal delivery time;
(3) the procedure to be followed upon receipt of a prescription for an acuteillness, which policy shall include a procedure for delivery of themedication to the patient from the nonresident pharmacy at the earliestpossible time, or an alternative that assures the patient the opportunity toobtain the medication at the earliest possible time; and
(4) the procedure to be followed when the nonresident pharmacy is advisedthat the patient's medication has not been received within the normal deliverytime and that the patient is out of medication and requires interim dosageuntil mailed prescription drugs become available.
(g) Except in emergencies that constitute an immediatethreat to the publichealth and require prompt action by the board, the board may file a complaintagainst any nonresident pharmacy that violates any provision of this section.This complaint shall be filed with the regulatory or licensing agency ofthe state in which the nonresident pharmacy is located. If the regulatoryor licensing agency of the state in which the nonresident pharmacy islocated fails to resolve the violation complained of within a reasonable time,not less than 180 days from the date that the complaint is filed, disciplinaryproceedings may be initiated by the board. The board also may initiatedisciplinary actions against a nonresident pharmacy if the regulatory orlicensing agency of the state in which the nonresident pharmacy is locatedlacks or fails to exercise jurisdiction.
(h) The board shall adopt rules and regulations that makeexceptions to therequirement of registration by a nonresident pharmacy when the out-of-statepharmacy supplies lawful refills to a patient from a prescription that wasoriginally filled and delivered to a patient within the state in which thenonresident pharmacy is located, or when the prescriptions being mailed intothe state of Kansas by a nonresident pharmacy occurs only in isolatedtransactions.In determining whether the prescriptions being mailed into the state of Kansasby a nonresident pharmacy are isolated transactions, the board shall considerwhether the pharmacy has promoted its services in this state and whether thepharmacy has a contract with any employer or organization to provide pharmacyservices to employees or other beneficiaries in this state.
(i) It is unlawful for any nonresident pharmacy which isnot registeredunder this act to advertise its services in this state, or for any person whois a resident of this state to advertise the pharmacy services of a nonresidentpharmacy which has not registered with the board, with the knowledge that theadvertisement will or is likely to induce members of the public in this stateto use the pharmacy to fill prescriptions.
(j) Upon request of the board, the attorney general maybring an action ina court of competent jurisdiction for injunctive relief to restrain a violationof the provisions of this section or any rules and regulations adopted by theboard under authority of this section. The remedy provided under thissubsection shall be in addition to any other remedy provided under this sectionor under the pharmacy act of the state of Kansas.
(k) The board may adopt rules and regulations as necessaryand as areconsistent with this section to carry out the provisions of this section.
(l) The executive secretary of the board shall remit allmoneys received from fees under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto.Upon receipt of each such remittance, the state treasurer shall deposit theentire amount in the manner specified under K.S.A. 74-1609, and amendmentsthereto.
(m) A violation of this section is a severity level 10,nonperson felony.
(n) This section shall be part of and supplemental tothe pharmacy act of the state of Kansas.
65-1657.Nonresident pharmacy registration;information required; civil fine;regulatory requirements; drug product selection rules; interstate deliveryguidelines; disciplinary action; pharmacies prohibited from advertising unlessregistered; penalties for violations; injunctive relief; rules andregulations.(a) No nonresident pharmacy shall ship, mail or deliver, inany manner, prescription drugs to a patient in this state unless registeredunder this section as a nonresident pharmacy. Applications for a nonresidentpharmacy registration under this section shall be made on a form furnished bythe board. A nonresident pharmacy registration shall be granted for a periodof one year upon compliance by the nonresident pharmacy with the provisions ofthis section and rules and regulations adopted pursuant to this section andupon payment of the registration fee established under K.S.A. 65-1645,andamendments thereto, for a pharmacy registration. A nonresident pharmacyregistration shall be renewed annually on forms provided by the board, uponcompliance by the nonresident pharmacy with the provisions of this section andrules and regulations adopted pursuant to this section and upon payment of therenewal fee established under K.S.A. 65-1645, and amendmentsthereto, for therenewal of a pharmacy registration.
(b) As conditions for the granting of a registration and for the renewal ofa registration for a nonresident pharmacy, the nonresident pharmacy shallcomply with the following:
(1) Provide information to the board to indicate the person or personsapplying for the registration, the location of the pharmacy from which theprescription drugs will be dispensed, the names and titles of all principalowners and corporate officers, if any, and the names of all pharmacistsdispensing prescription drugs to residents of Kansas;
(2) be registered and in good standing in the state in which such pharmacyis located;
(3) maintain, in readily retrievable form, records of prescription drugsdispensed to Kansas patients;
(4) supply upon request, all information needed by the board to carry outthe board's responsibilities under this section and rules and regulationsadopted pursuant to this section;
(5) maintain pharmacy hours that permit the timely dispensing of drugs toKansas patients and provide reasonable access for the patients to consult witha licensed pharmacist about such patients' medications;
(6) provide toll-free telephone communication consultation between a Kansaspatient and a pharmacist at the pharmacy who has access to the patient'srecords, and ensure that the telephone number(s) will be placed upon the labelaffixed to each prescription drug container dispensed in Kansas; and
(7) provide to the board such other information as the board may reasonablyrequest to administer the provisions of this section.
(c) When any nonresident pharmacy fails to supply requested information tothe board or fails to respond to proper inquiry of the board, after receivingnotice by certified mail, the board may assess a civil fine in accordance withthe provisions in K.S.A. 65-1658, and amendments thereto.
(d) Each nonresident pharmacy shall comply with the following unlesscompliance would be in conflict with specific laws or rules andregulations of the state in which the pharmacy is located:
(1) All statutory and regulatory requirements of Kansas for controlledsubstances, including those that are different from federal law;
(2) labeling of all prescriptions dispensed, to include but not be limitedto identification of the product and quantity dispensed;
(3) all the statutory and regulatory requirements of Kansas for dispensingprescriptions in accordance with the quantities indicated by the prescriber;and
(4) the Kansas law regarding the maintenance and use of the patientmedication profile record system.
(e) In addition to subsection (d)requirements, each nonresident pharmacy shall comply with all the statutoryand regulatory requirements of Kansas regarding drug product selection lawswhether or not such compliance would be in conflict with specific laws or rulesand regulations of the state in which the pharmacy is located, except thatcompliance which constitutes only a minor conflict with specific laws or rulesand regulations of the state in which the pharmacy is located would not berequired under this subsection.
(f) Each nonresident pharmacy shall develop and provide theboard with a policy and procedure manual that sets forth:
(1) Normal delivery protocols and times;
(2) the procedure to be followed if the patient's medication is notavailable at the nonresident pharmacy, or if delivery will be delayed beyondthe normal delivery time;
(3) the procedure to be followed upon receipt of a prescription for an acuteillness, which policy shall include a procedure for delivery of themedication to the patient from the nonresident pharmacy at the earliestpossible time, or an alternative that assures the patient the opportunity toobtain the medication at the earliest possible time; and
(4) the procedure to be followed when the nonresident pharmacy is advisedthat the patient's medication has not been received within the normal deliverytime and that the patient is out of medication and requires interim dosageuntil mailed prescription drugs become available.
(g) Except in emergencies that constitute an immediatethreat to the publichealth and require prompt action by the board, the board may file a complaintagainst any nonresident pharmacy that violates any provision of this section.This complaint shall be filed with the regulatory or licensing agency ofthe state in which the nonresident pharmacy is located. If the regulatoryor licensing agency of the state in which the nonresident pharmacy islocated fails to resolve the violation complained of within a reasonable time,not less than 180 days from the date that the complaint is filed, disciplinaryproceedings may be initiated by the board. The board also may initiatedisciplinary actions against a nonresident pharmacy if the regulatory orlicensing agency of the state in which the nonresident pharmacy is locatedlacks or fails to exercise jurisdiction.
(h) The board shall adopt rules and regulations that makeexceptions to therequirement of registration by a nonresident pharmacy when the out-of-statepharmacy supplies lawful refills to a patient from a prescription that wasoriginally filled and delivered to a patient within the state in which thenonresident pharmacy is located, or when the prescriptions being mailed intothe state of Kansas by a nonresident pharmacy occurs only in isolatedtransactions.In determining whether the prescriptions being mailed into the state of Kansasby a nonresident pharmacy are isolated transactions, the board shall considerwhether the pharmacy has promoted its services in this state and whether thepharmacy has a contract with any employer or organization to provide pharmacyservices to employees or other beneficiaries in this state.
(i) It is unlawful for any nonresident pharmacy which isnot registeredunder this act to advertise its services in this state, or for any person whois a resident of this state to advertise the pharmacy services of a nonresidentpharmacy which has not registered with the board, with the knowledge that theadvertisement will or is likely to induce members of the public in this stateto use the pharmacy to fill prescriptions.
(j) Upon request of the board, the attorney general maybring an action ina court of competent jurisdiction for injunctive relief to restrain a violationof the provisions of this section or any rules and regulations adopted by theboard under authority of this section. The remedy provided under thissubsection shall be in addition to any other remedy provided under this sectionor under the pharmacy act of the state of Kansas.
(k) The board may adopt rules and regulations as necessaryand as areconsistent with this section to carry out the provisions of this section.
(l) The executive secretary of the board shall remit allmoneys received from fees under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto.Upon receipt of each such remittance, the state treasurer shall deposit theentire amount in the manner specified under K.S.A. 74-1609, and amendmentsthereto.
(m) A violation of this section is a severity level 10,nonperson felony.
(n) This section shall be part of and supplemental tothe pharmacy act of the state of Kansas.
