65-1627. Grounds for revocation, suspension, placement in probationary status, denial, temporary suspension or temporary limitation of license for pharmacist, permit for retail dealer or registration
65-1627
65-1627. Grounds for revocation, suspension,placement in probationary status, denial, temporary suspension or temporarylimitation of license for pharmacist, permit for retail dealer or registrationfor pharmacy, manufacturer or distributor; emergency proceedings,procedure.(a) The board may revoke, suspend, place in a probationary status or deny arenewal of any license of any pharmacist upon a finding that:
(1) The license was obtained by fraudulent means;
(2) the licensee has been convicted of a felony and the licensee fails toshow that the licensee has been sufficiently rehabilitated to warrant thepublic trust;
(3) the licensee is found by the board to be guilty of unprofessionalconduct or professional incompetency;
(4) the licensee is addicted to the liquor or drug habit to such a degree asto render the licensee unfit to practice the profession of pharmacy;
(5) the licensee has violated a provision of the federal or state food, drugand cosmetic act, the uniform controlled substances act of the stateof Kansas, or any rule and regulation adopted under any such act;
(6) the licensee is found by the board to have filled a prescription not instrict accordance with the directions of the practitioner or a mid-levelpractitioner;
(7) the licensee is found to be mentally or physically incapacitated to sucha degree as to render the licensee unfit to practice the profession ofpharmacy;
(8) the licensee has violated any of the provisions of the pharmacy act ofthe state of Kansas or any rule and regulation adopted by the board pursuant tothe provisions of such pharmacy act;
(9) the licensee has failed to comply with the requirements of the boardrelating to the continuing education of pharmacists;
(10) the licensee as a pharmacist in charge or consultant pharmacist underthe provisions of subsection (c) or (d) of K.S.A. 65-1648 and amendmentsthereto has failed to comply with the requirements of subsection (c) or (d) ofK.S.A. 65-1648 and amendments thereto;
(11) the licensee has knowingly submitted a misleading, deceptive,untrue or fraudulent misrepresentation on a claim form, bill orstatement;
(12) the licensee has had a license to practice pharmacy revoked,suspended or limited, has been censured or has had other disciplinary actiontaken, or voluntarily surrendered the license after formal proceedings havebeen commenced, or has had an application for license denied, by theproper licensing authorityof another state, territory, District of Columbia or other country, a certifiedcopy of the record of the action of the other jurisdiction being conclusiveevidence thereof;
(13) the licensee has self-administered any controlled substance without apractitioner's prescription order or a mid-level practitioner's prescriptionorder; or
(14) the licensee has assisted suicide in violation of K.S.A. 21-3406 andamendments thereto as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for afelony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating aninjunction issued under K.S.A. 60-4404 and amendmentsthereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 60-4405and amendments thereto; or
(15) the licensee has failed to furnish the board, its investigators or itsrepresentatives any information legally requested by the board.
(b) In determining whether or not the licensee has violated subsection(a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion of suchviolation has authority to compel a licensee to submit to mental or physicalexamination or drug screen, or any combination thereof, by such persons as theboard may designate. To determine whether reasonable suspicion of suchviolation exists, the investigative information shall be presented to the boardas a whole. Information submitted to the board as a whole and all reports,findings and other records shall be confidential and not subject to discoveryby or release to any person or entity. The licensee shall submit to the board arelease of information authorizing the board to obtain a report of suchexamination or drug screen, or both. A person affected by this subsectionshall be offered, at reasonable intervals, an opportunity to demonstrate thatsuch person can resume the competent practice of pharmacy with reasonable skilland safety to patients. For the purpose of this subsection, every personlicensed to practice pharmacy and who shall accept the privilege to practicepharmacy in this state by so practicing or by the making and filing of arenewal application to practice pharmacy in this state shall be deemed to haveconsented to submit to a mental or physical examination or a drug screen, orany combination thereof, when directed in writing by the board and further tohave waived all objections to the admissibility of the testimony, drug screenor examination report of the person conducting such examination or drug screen,or both, at any proceeding or hearing before the board on the ground that suchtestimony or examination or drug screen report constitutes a privilegedcommunication. In any proceeding by the board pursuant to the provisions ofthis subsection, the record of such board proceedings involving the mental andphysical examination or drug screen, or any combination thereof, shall not beused in any other administrative or judicial proceeding.
(c) The board may temporarily suspend or temporarily limit the license ofany licensee in accordance with the emergency adjudicative proceedings underthe Kansas administrative procedure act if the board determines that there iscause to believe that grounds exist for disciplinary action under subsection(a) against the licensee and that the licensee's continuation in practicewould constitute an imminent danger to the public health and safety.
(d) The board may suspend, revoke, place in a probationary status ordeny a renewal of any retail dealer's permit issued by the board wheninformation in possession of the board discloses that such operations forwhich the permit was issued are not being conducted according to law or therules and regulations of the board.When the board determines that action under this subsection requires theimmediate protection of the public interest, the board shall conduct anemergency proceeding in accordance with K.S.A. 77-536, and amendments thereto,under the Kansas administrative procedure act.
(e) The board may revoke, suspend, place in a probationary status ordeny a renewal of the registration of a pharmacy upon a finding that: (1)Such pharmacy has been operated in such manner that violations of theprovisions of the pharmacy act of the state of Kansas or of the rules andregulations of the board have occurred in connection therewith; (2) theowner or any pharmacist employed at such pharmacy is convicted, subsequentto such owner's acquisition of or such employee's employment at suchpharmacy, of a violation of the pharmacy act or uniform controlledsubstances act of the state of Kansas, or the federal or state food, drugand cosmetic act; (3) the owner or any pharmacist employed by suchpharmacy has fraudulently claimed money for pharmaceutical services; or (4)the registrant has had a registration revoked, suspended or limited, has beencensured or has had other disciplinary action taken, or an application forregistration denied, by the proper registering authority of another state,territory, District of Columbia or other country, a certified copy of therecord of the action of the other jurisdiction being conclusive evidencethereof.When the board determines that action under this subsection requires theimmediate protection of the public interest, the board shall conduct anemergency proceeding in accordance with K.S.A. 77-536, and amendments thereto,under the Kansas administrative procedure act.
(f) A registration to manufacture drugs, to distribute atwholesalea drug, to sell durable medical equipment or a registration for theplace of business where any such operation is conductedmay be suspended, revoked, placed in a probationary status or the renewal ofsuch registration may be denied by the board upon a finding that the registrantor the registrant's agent:(1) Has materially falsified any application filed pursuant to orrequired by the pharmacy act of the state of Kansas; (2) has beenconvicted of a felony under any federal or state law relating to themanufacture or distribution of drugs; (3) has had any federalregistration for the manufacture or distribution of drugs suspended orrevoked; (4) has refused to permit the board or its duly authorizedagents to inspect the registrant's establishment in accordance with theprovisions of K.S.A. 65-1629 and amendments thereto; (5) has failedto keep, or has failed to file with the board or has falsified recordsrequired to be kept or filed by the provisions of the pharmacy act of thestate of Kansas or by the board's rules and regulations; or(6) has violated the pharmacy act of the state of Kansas or rules andregulations adopted by the state board of pharmacy under the pharmacy act ofthe state of Kansas or has violated the uniform controlled substances act orrules and regulations adopted by the state board of pharmacy under the uniformcontrolled substances act.When the board determines that action under this subsection requires theimmediate protection of the public interest, the board shall conduct anemergency proceeding in accordance with K.S.A. 77-536, and amendments thereto,under the Kansas administrative procedure act.
(g) Orders under this section, and proceedings thereon, shall be subject tothe provisions of the Kansas administrative procedure act.
History: L. 1953, ch. 290, § 13;L. 1965, ch. 369, § 5;L. 1972, ch. 231, § 5;L. 1975, ch. 319, § 3;L. 1982, ch. 262, § 1;L. 1984, ch. 313, § 106;L. 1986, ch. 235, § 2;L. 1986, ch. 231, § 10;L. 1986, ch. 234, § 3;L. 1988, ch. 356, § 195;L. 1989, ch. 193, § 2;L. 1991, ch. 187, § 1;L. 1994, ch. 118, § 2;L. 1995, ch. 106, § 1;L. 1998, ch. 98, § 1;L. 1999, ch. 38, § 3;L. 1999, ch. 149, § 7;L. 2007, ch. 177, § 31;L. 2008, ch. 75, § 1; Apr. 17.