65-1626d. Definitions. [See Revisor's Note]
65-1626d
65-1626d. Definitions. [See Revisor'sNote]For the purposes of this act:
(a) "Administer" means the direct application of a drug, whether byinjection, inhalation, ingestion or any other means, to the body of apatient or research subject by:
(1) A practitioner or pursuant to the lawful direction of apractitioner;
(2) the patient or research subject at the direction and in thepresence of the practitioner; or
(3) a pharmacist as authorized in K.S.A. 65-1635a andamendments thereto.
(b) "Agent" means an authorized person who acts on behalf of or atthe direction of a manufacturer, distributor or dispenser but shall notinclude a common carrier, public warehouseman or employee ofthe carrier or warehouseman when acting in the usual and lawful courseof the carrier's or warehouseman's business.
(c) "Board" means the state board of pharmacy created by K.S.A. 74-1603and amendments thereto.
(d) "Brand exchange" means the dispensing of a different drug product ofthe same dosage form and strength and of the same generic name than thebrand name drug product prescribed.
(e) "Brand name" means the registered trademark name given to a drugproduct by its manufacturer, labeler or distributor.
(f) "Deliver" or "delivery" means the actual, constructive or attemptedtransfer from one person to another of any drug whether or not an agencyrelationship exists.
(g) "Direct supervision"means the process by which the responsible pharmacist shall observe and directthe activities of a pharmacy student or pharmacy technician to a sufficientdegree to assure that all such activities are performed accurately, safely andwithout risk or harm to patients, and complete the final check beforedispensing.
(h) "Dispense" means to deliver prescription medication to theultimate user or research subject by or pursuant to the lawful order ofa practitioner or pursuant to the prescription of a mid-levelpractitioner.
(i) "Dispenser" means a practitioner or pharmacist who dispensesprescription medication.
(j) "Distribute" means to deliver, other than by administering ordispensing, any drug.
(k) "Distributor" means a person who distributes a drug.
(l) "Drug" means: (1) Articles recognized in the official UnitedStates pharmacopoeia, or other such official compendiums of the UnitedStates, or official national formulary, or any supplement of any ofthem; (2) articles intended for use in the diagnosis, cure, mitigation,treatment or prevention of disease in man or other animals; (3)articles, other than food, intended to affect the structure or anyfunction of the body of man or other animals; and (4) articles intendedfor use as a component of any articles specified in clause (1), (2) or(3) of this subsection; but does not include devices or their components,parts or accessories, except that the term "drug" shall not includeamygdalin (laetrile) or any livestock remedy, if such livestock remedyhad been registered inaccordance with the provisions of article 5 of chapter 47 of the KansasStatutes Annotated prior to its repeal.
(m) "Electronic transmission" means transmission of information inelectronic form or the transmission of the exact visual image of a document byway of electronic equipment.
(n) "Generic name" means the established chemical name orofficial name of a drug or drug product.
(o) (1) "Institutional drug room" means any location whereprescription-only drugs are stored and from which prescription-onlydrugs are administered or dispensed and which is maintained or operatedfor the 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 therevised Kansascode for care of children and the revised Kansas juvenile justicecode;
(C) students of a public or private university or college, a communitycollege or any other institution of higher learning which is located in Kansas;
(D) employees of a business or other employer; or
(E) persons receiving inpatient hospice services.
(2) "Institutional drug room" does not include:
(A) Any registered pharmacy;
(B) any office of a practitioner; or
(C) a location where no prescription-only drugs are dispensed and noprescription-only drugs other than individual prescriptions are storedor administered.
(p) "Medical care facility" shall have the meaning provided inK.S.A.65-425 and amendments thereto, except that the term shall also includefacilities licensed under the provisions of K.S.A. 75-3307b and amendmentsthereto except community mental health centers and facilities for the mentallyretarded.
(q) "Manufacture" means the production, preparation,propagation,compounding, conversion or processing of a drug either directly orindirectly by extraction from substances of natural origin, independentlyby means of chemical synthesis or by a combination of extraction andchemical synthesis and includes any packaging or repackaging of the drug orlabeling or relabeling of its container, except that this term shall notinclude the preparation or compounding of a drug by an individual for theindividual's own use or the preparation, compounding, packaging or labelingof a drug by: (1) A practitioner or a practitioner's authorized agentincident to such practitioner's administering or dispensing of a drug inthe course of the practitioner's professional practice; (2) a practitioner,by a practitioner's authorized agent or under a practitioner's supervisionfor the purpose of, or as an incident to, research, teaching or chemicalanalysis and not for sale; or (3) a pharmacist or the pharmacist'sauthorized agent acting under the direct supervision of the pharmacist forthe purpose of, or incident to, the dispensing of a drug by the pharmacist.
(r) "Person" means individual, corporation, government,governmentalsubdivision or agency, partnership, association or any other legal entity.
(s) "Pharmacist" means any natural person licensed under thisact to practice pharmacy.
(t) "Pharmacist in charge" means the pharmacist who isresponsible tothe board for a registered establishment's compliance with the laws andregulations of this state pertaining to the practice of pharmacy,manufacturing of drugs and the distribution of drugs. The pharmacist incharge shall supervise such establishment on a full-time or a part-timebasis and perform such other duties relating to supervision of a registeredestablishment as may be prescribed by the board by rules and regulations.Nothing in this definition shall relieve other pharmacists or persons fromtheir responsibility to comply with state and federal laws and regulations.
(u) "Pharmacy," "drug store" or "apothecary" means premises,laboratory,area or other place: (1) Where drugs are offered for sale where theprofession of pharmacy is practiced and where prescriptions are compoundedand dispensed; or (2) which has displayed upon it or within it the words"pharmacist," "pharmaceutical chemist," "pharmacy," "apothecary,""drugstore," "druggist," "drugs," "drug sundries" or any of these words orcombinations of these words or words of similar import either in English orany sign containing any of these words; or (3) where the characteristicsymbols of pharmacy or the characteristic prescription sign "Rx" may beexhibited. As used in this subsection, premises refers only to the portionof any building or structure leased, used or controlled by the licensee inthe conduct of the business registered by the board at the address forwhich the registration was issued.
(v) "Pharmacy student" means an individual, registered with the board ofpharmacy, enrolled in an accredited school of pharmacy.
(w) "Pharmacy technician" means an individual who, under the directsupervision andcontrol of a pharmacist, may perform packaging,manipulative, repetitive or other nondiscretionary tasks related to theprocessing of a prescription or medication order and who assists the pharmacistin the performance of pharmacy related duties, but who does not perform dutiesrestricted to a pharmacist.
(x) "Practitioner" means a person licensed to practice medicine andsurgery, dentist, podiatrist, veterinarian, optometrist licensed under theoptometry law as a therapeutic licensee or diagnostic and therapeutic licensee,or scientific investigator or other person authorized by law to use aprescription-only drug in teaching or chemical analysis or to conduct researchwith respect to a prescription-only drug.
(y) "Preceptor" means a licensed pharmacist who possesses atleast twoyears' experience as a pharmacist and who supervises students obtaining thepharmaceutical experience required by law as a condition to taking theexamination for licensure as a pharmacist.
(z) "Prescription" means, according to the context, either aprescription order or a prescription medication.
(aa) "Prescription medication" means any drug, including label and containeraccording to context, which is dispensed pursuant to a prescription order.
(bb) "Prescription-only drug" means any drugwhether intended for use by man or animal, required by federal or state law(including 21 United States Code section 353, as amended) to be dispensed onlypursuant to a written or oral prescription or order of a practitioner or isrestricted to use by practitioners only.
(cc) "Prescription order" means: (1) An order to be filled by apharmacist for prescription medication issued and signed by a practitioneror a mid-level practitioner in the authorized course of professionalpractice; or (2) an ordertransmitted to a pharmacist through word of mouth, note, telephone or othermeans of communication directed by such practitioner or mid-levelpractitioner.
(dd) "Probation" means the practice or operation under atemporarylicense, registration or permit or a conditional license, registration orpermit of a business or profession for which a license, registration orpermit is granted by the board under the provisions of the pharmacy act ofthe state of Kansas requiring certain actions to be accomplished or certainactions not to occur before a regular license, registration or permit isissued.
(ee) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to theapplicable standard of pharmaceutical care to a degree which constitutesgross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicablestandard of pharmaceutical care to a degree which constitutes ordinarynegligence, as determined by the board; or
(3) a pattern of pharmacy practice or other behavior whichdemonstrates a manifest incapacity or incompetence to practice pharmacy.
(ff) "Retail dealer" means a person selling at retailnonprescription drugs which are prepackaged, fully prepared by themanufacturer or distributor for use by the consumer and labeled inaccordance with the requirements of the state and federal food, drug andcosmetic acts. Such nonprescription drugs shall not include: (1) Acontrolled substance; (2) aprescription-only drug; or (3) a drug intendedfor human use by hypodermicinjection.
(gg) "Secretary" means the executive secretary of the board.
(hh) "Unprofessional conduct" means:
(1) Fraud in securing a registration or permit;
(2) intentional adulteration or mislabeling of any drug, medicine,chemical or poison;
(3) causing any drug, medicine, chemical or poison to be adulteratedor mislabeled, knowing the same to be adulterated or mislabeled;
(4) intentionally falsifying or altering records or prescriptions;
(5) unlawful possession of drugs and unlawful diversion of drugs to others;
(6) willful betrayal of confidential informationunder 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'sprofessional practice or the efficacy or value of a drug;
(9) commission of any act of sexual abuse, misconduct or exploitationrelated to the licensee's professional practice; or
(10) performing unnecessary tests, examinations or services which haveno legitimate pharmaceutical purpose.
(ii) "Mid-level practitioner" meansan advanced registered nurse practitioner issued a certificate ofqualification pursuant to K.S.A. 65-1131 and amendments theretowhohas authority to prescribe drugs pursuant to a written protocol with aresponsible physician under K.S.A. 65-1130 and amendments thereto or aphysician assistant licensedpursuant to the physician assistant licensure act who has authority toprescribe drugs pursuant to a written protocolwith a responsible physician under K.S.A. 65-28a08 and amendments thereto.
(jj) "Vaccination protocol" means a written protocol, agreed to by apharmacist and a person licensed to practice medicine and surgery by the stateboard of healing arts, which establishes procedures and recordkeeping andreporting requirements for administering a vaccine by the pharmacist for aperiod of time specified therein, not to exceed two years.
(kk) "Veterinary medical teaching hospital pharmacy" meansany locationwhereprescription-only drugs are stored as part of an accredited college ofveterinary medicine and from which prescription-only drugs are distributed foruse in treatment of or administration to anon-human.
History: L. 1953, ch. 290, § 3;L. 1975, ch. 319, § 2;L. 1977, ch. 217, § 1;L. 1978, ch. 242, § 1;L. 1978, ch. 243, § 1;L. 1979, ch. 193, § 1;L. 1982, ch. 182, § 138;L. 1986, ch. 235, § 1;L. 1986, ch. 231, § 9;L. 1986, ch. 236, § 1;L. 1987, ch. 235, § 5;L. 1987, ch. 236, § 1;L. 1988, ch. 297, § 2;L. 1989, ch. 193, § 1;L. 1989, ch. 192, § 2;L. 1989, ch. 192, § 3;L. 1991, ch. 272, § 10;L. 1996, ch. 229, § 118;L. 1997, ch. 112, § 1;L. 1999, ch. 38, § 1;L. 1999, ch. 149, § 6;L. 2000, ch. 89, § 1;L. 2000, ch. 159, § 10;L. 2001, ch. 31, § 1;L. 2002, ch. 25, § 2;L. 2003, ch. 124, § 8;L. 2006, ch. 169, § 117;L. 2007, ch. 195, § 34; July 1.