65-4102.Board of pharmacy to administer act;authority to control;report to speaker of house and president of senate on substances proposedfor scheduling, rescheduling or deletion; scheduling of the controlledsubstance analog.(a) The board shall administer this act and may adopt rules andregulations relating to the registration and control of the manufacture,distribution and dispensing of controlled substances within this state.All rules and regulationsof the board shall be adopted in conformance with article 4 of chapter77 of the Kansas Statutes Annotated and the procedures prescribed bythis act.
(b) Annually, the board shall submit to the speaker of the house ofrepresentativesand the president of the senate a report on substances proposed by the boardfor scheduling, rescheduling or deletion by the legislature with respectto any one of the schedules as set forth in this act, and reasons for theproposal shall be submitted by the board therewith. In making a determinationregarding the proposal to schedule, reschedule or delete a substance, theboard shall consider the following:
(1) The actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect, if known;
(3) the state of current scientific knowledge regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychological or physiologicaldependence liability; and
(8) whether the substance is an immediate precursor of a substance alreadycontrolled under this article.
(c) The board shall not include any nonnarcoticsubstance within aschedule if such substance may be lawfully sold over the counter withouta prescription under the federal food, drug and cosmetic act.
(d) Authority to control under this section does not extend todistilled spirits, wine, malt beverages or tobacco.
(e) Upon receipt of notice under K.S.A. 2009 Supp. 21-36a15, andamendments thereto, the board shallinitiatescheduling of the controlled substance analog on an emergency basis pursuant tothis subsection. The scheduling of a substance under this subsection expiresone year after the adoption of the scheduling rule. With respect to the findingof an imminent hazard to the public safety, the board shall consider whetherthe substance has been scheduled on a temporary basis under federal law orfactors set forth in subsections (b)(4), (5) and (6), and may also considerclandestine importation, manufacture or distribution, and if available,information concerning the other factors set forth in subsection (b). A rulemay not be adopted under this subsection until the board initiates a rulemakingproceeding under subsection (a) with respect to the substance. A rule adoptedunder this subsection lapses upon the conclusion of the rulemaking proceedinginitiated under subsection (a) with respect to the substance.
History: L. 1972, ch. 234, § 2; L. 1974, ch. 258, §2; L. 1982, ch. 269, § 1;L. 1994, ch. 160, § 2;L. 2009, ch. 32, § 54; July 1.
65-4102.Board of pharmacy to administer act;authority to control;report to speaker of house and president of senate on substances proposedfor scheduling, rescheduling or deletion; scheduling of the controlledsubstance analog.(a) The board shall administer this act and may adopt rules andregulations relating to the registration and control of the manufacture,distribution and dispensing of controlled substances within this state.All rules and regulationsof the board shall be adopted in conformance with article 4 of chapter77 of the Kansas Statutes Annotated and the procedures prescribed bythis act.
(b) Annually, the board shall submit to the speaker of the house ofrepresentativesand the president of the senate a report on substances proposed by the boardfor scheduling, rescheduling or deletion by the legislature with respectto any one of the schedules as set forth in this act, and reasons for theproposal shall be submitted by the board therewith. In making a determinationregarding the proposal to schedule, reschedule or delete a substance, theboard shall consider the following:
(1) The actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect, if known;
(3) the state of current scientific knowledge regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychological or physiologicaldependence liability; and
(8) whether the substance is an immediate precursor of a substance alreadycontrolled under this article.
(c) The board shall not include any nonnarcoticsubstance within aschedule if such substance may be lawfully sold over the counter withouta prescription under the federal food, drug and cosmetic act.
(d) Authority to control under this section does not extend todistilled spirits, wine, malt beverages or tobacco.
(e) Upon receipt of notice under K.S.A. 2009 Supp. 21-36a15, andamendments thereto, the board shallinitiatescheduling of the controlled substance analog on an emergency basis pursuant tothis subsection. The scheduling of a substance under this subsection expiresone year after the adoption of the scheduling rule. With respect to the findingof an imminent hazard to the public safety, the board shall consider whetherthe substance has been scheduled on a temporary basis under federal law orfactors set forth in subsections (b)(4), (5) and (6), and may also considerclandestine importation, manufacture or distribution, and if available,information concerning the other factors set forth in subsection (b). A rulemay not be adopted under this subsection until the board initiates a rulemakingproceeding under subsection (a) with respect to the substance. A rule adoptedunder this subsection lapses upon the conclusion of the rulemaking proceedinginitiated under subsection (a) with respect to the substance.
History: L. 1972, ch. 234, § 2; L. 1974, ch. 258, §2; L. 1982, ch. 269, § 1;L. 1994, ch. 160, § 2;L. 2009, ch. 32, § 54; July 1.
65-4102.Board of pharmacy to administer act;authority to control;report to speaker of house and president of senate on substances proposedfor scheduling, rescheduling or deletion; scheduling of the controlledsubstance analog.(a) The board shall administer this act and may adopt rules andregulations relating to the registration and control of the manufacture,distribution and dispensing of controlled substances within this state.All rules and regulationsof the board shall be adopted in conformance with article 4 of chapter77 of the Kansas Statutes Annotated and the procedures prescribed bythis act.
(b) Annually, the board shall submit to the speaker of the house ofrepresentativesand the president of the senate a report on substances proposed by the boardfor scheduling, rescheduling or deletion by the legislature with respectto any one of the schedules as set forth in this act, and reasons for theproposal shall be submitted by the board therewith. In making a determinationregarding the proposal to schedule, reschedule or delete a substance, theboard shall consider the following:
(1) The actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect, if known;
(3) the state of current scientific knowledge regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychological or physiologicaldependence liability; and
(8) whether the substance is an immediate precursor of a substance alreadycontrolled under this article.
(c) The board shall not include any nonnarcoticsubstance within aschedule if such substance may be lawfully sold over the counter withouta prescription under the federal food, drug and cosmetic act.
(d) Authority to control under this section does not extend todistilled spirits, wine, malt beverages or tobacco.
(e) Upon receipt of notice under K.S.A. 2009 Supp. 21-36a15, andamendments thereto, the board shallinitiatescheduling of the controlled substance analog on an emergency basis pursuant tothis subsection. The scheduling of a substance under this subsection expiresone year after the adoption of the scheduling rule. With respect to the findingof an imminent hazard to the public safety, the board shall consider whetherthe substance has been scheduled on a temporary basis under federal law orfactors set forth in subsections (b)(4), (5) and (6), and may also considerclandestine importation, manufacture or distribution, and if available,information concerning the other factors set forth in subsection (b). A rulemay not be adopted under this subsection until the board initiates a rulemakingproceeding under subsection (a) with respect to the substance. A rule adoptedunder this subsection lapses upon the conclusion of the rulemaking proceedinginitiated under subsection (a) with respect to the substance.
History: L. 1972, ch. 234, § 2; L. 1974, ch. 258, §2; L. 1982, ch. 269, § 1;L. 1994, ch. 160, § 2;L. 2009, ch. 32, § 54; July 1.
