State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26210

65-2837a

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2837a.   Restrictions on prescribing, ordering,dispensing,administering, selling, supplying or giving certain amphetamine orsympathomimetic amine controlled substances; unprofessional conduct.(a) It shall be unlawful for any person licensed topractice medicine and surgeryto prescribe, order, dispense, administer,sell, supply or giveor for a mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626and amendments thereto to prescribe, administer, supply or giveany amphetamine or sympathomimetic amine designated inschedule II, IIIor IV under the uniform controlled substances act, except as provided inthis section. Failure to comply with this section by a licensee shallconstituteunprofessional conduct under K.S.A. 65-2837 and amendments thereto.

      (b)   When any licensee prescribes, orders,dispenses, administers, sells,supplies or givesor when any mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626 and amendments thereto prescribes, administers, sells, supplies orgivesany amphetamine or sympathomimetic amine designated inschedule II, III or IVunder the uniform controlled substances act, the patient's medical recordshall adequately document the purpose forwhich 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 anddocumentation to be unresponsive to other forms of treatment.

      (6)   The clinical investigation of the effects of such drugs orcompounds, in which case, before the investigation is begun, the licenseeshall, in addition to other requirements of applicable laws, apply for andobtain approval of the investigation from the board of healing arts.

      (7)   The treatment of obesity with controlled substances, as may bedefined by rules andregulations adopted by the board of healing arts.

      (8)   The treatment of any other disorder or disease for which such drugsor compounds have been found to be safe and effective by competent scientific research which findings have been generally acceptedby the scientific community, in which case, the licensee beforeprescribing, ordering,dispensing, administering, selling, supplying or giving the drug orcompound for a particular condition, or the licenseebefore authorizing a mid-level practitioner to prescribe the drug orcompound for aparticular condition, shall obtain a determination from the board ofhealing arts that thedrug or compound canbe used for that particular condition.

      History:   L. 1984, ch. 237, § 1;L. 1997, ch. 57, § 1;L. 1999, ch. 115, § 12;L. 2007, ch. 18, § 1; March 29.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26210

65-2837a

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2837a.   Restrictions on prescribing, ordering,dispensing,administering, selling, supplying or giving certain amphetamine orsympathomimetic amine controlled substances; unprofessional conduct.(a) It shall be unlawful for any person licensed topractice medicine and surgeryto prescribe, order, dispense, administer,sell, supply or giveor for a mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626and amendments thereto to prescribe, administer, supply or giveany amphetamine or sympathomimetic amine designated inschedule II, IIIor IV under the uniform controlled substances act, except as provided inthis section. Failure to comply with this section by a licensee shallconstituteunprofessional conduct under K.S.A. 65-2837 and amendments thereto.

      (b)   When any licensee prescribes, orders,dispenses, administers, sells,supplies or givesor when any mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626 and amendments thereto prescribes, administers, sells, supplies orgivesany amphetamine or sympathomimetic amine designated inschedule II, III or IVunder the uniform controlled substances act, the patient's medical recordshall adequately document the purpose forwhich 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 anddocumentation to be unresponsive to other forms of treatment.

      (6)   The clinical investigation of the effects of such drugs orcompounds, in which case, before the investigation is begun, the licenseeshall, in addition to other requirements of applicable laws, apply for andobtain approval of the investigation from the board of healing arts.

      (7)   The treatment of obesity with controlled substances, as may bedefined by rules andregulations adopted by the board of healing arts.

      (8)   The treatment of any other disorder or disease for which such drugsor compounds have been found to be safe and effective by competent scientific research which findings have been generally acceptedby the scientific community, in which case, the licensee beforeprescribing, ordering,dispensing, administering, selling, supplying or giving the drug orcompound for a particular condition, or the licenseebefore authorizing a mid-level practitioner to prescribe the drug orcompound for aparticular condition, shall obtain a determination from the board ofhealing arts that thedrug or compound canbe used for that particular condition.

      History:   L. 1984, ch. 237, § 1;L. 1997, ch. 57, § 1;L. 1999, ch. 115, § 12;L. 2007, ch. 18, § 1; March 29.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26210

65-2837a

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2837a.   Restrictions on prescribing, ordering,dispensing,administering, selling, supplying or giving certain amphetamine orsympathomimetic amine controlled substances; unprofessional conduct.(a) It shall be unlawful for any person licensed topractice medicine and surgeryto prescribe, order, dispense, administer,sell, supply or giveor for a mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626and amendments thereto to prescribe, administer, supply or giveany amphetamine or sympathomimetic amine designated inschedule II, IIIor IV under the uniform controlled substances act, except as provided inthis section. Failure to comply with this section by a licensee shallconstituteunprofessional conduct under K.S.A. 65-2837 and amendments thereto.

      (b)   When any licensee prescribes, orders,dispenses, administers, sells,supplies or givesor when any mid-level practitioner as defined in subsection (ii) of K.S.A.65-1626 and amendments thereto prescribes, administers, sells, supplies orgivesany amphetamine or sympathomimetic amine designated inschedule II, III or IVunder the uniform controlled substances act, the patient's medical recordshall adequately document the purpose forwhich 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 anddocumentation to be unresponsive to other forms of treatment.

      (6)   The clinical investigation of the effects of such drugs orcompounds, in which case, before the investigation is begun, the licenseeshall, in addition to other requirements of applicable laws, apply for andobtain approval of the investigation from the board of healing arts.

      (7)   The treatment of obesity with controlled substances, as may bedefined by rules andregulations adopted by the board of healing arts.

      (8)   The treatment of any other disorder or disease for which such drugsor compounds have been found to be safe and effective by competent scientific research which findings have been generally acceptedby the scientific community, in which case, the licensee beforeprescribing, ordering,dispensing, administering, selling, supplying or giving the drug orcompound for a particular condition, or the licenseebefore authorizing a mid-level practitioner to prescribe the drug orcompound for aparticular condition, shall obtain a determination from the board ofhealing arts that thedrug or compound canbe used for that particular condition.

      History:   L. 1984, ch. 237, § 1;L. 1997, ch. 57, § 1;L. 1999, ch. 115, § 12;L. 2007, ch. 18, § 1; March 29.