65-1643c. Registration or permit required; pharmacies, manufacturers, wholesalers, auctions, sales, distribution or dispensing of samples, retailers, institutional drug rooms, pharmacy students, veter
65-1643c
65-1643c. Registration or permit required;pharmacies, manufacturers, wholesalers, auctions, sales, distribution ordispensing of samples, retailers, institutional drug rooms, pharmacy students,veterinary medical teaching hospital pharmacies; certainacts declared unlawful. [See Revisor's Note]It shall be unlawful:
(a) For any person to operate, maintain, open orestablish any pharmacy within this state without first having obtained aregistration from the board. Each application for registration of a pharmacyshall indicate the person or persons desiring the registration, including thepharmacist in charge, as well as the location, including the street name andnumber, and such other information as may be required by the board to establishthe identity and exact location of the pharmacy. The issuance of a registrationfor any pharmacy shall also have the effect of permitting such pharmacy tooperate as a retail dealer without requiring such pharmacy to obtain a retaildealer's permit. On evidence satisfactory to the board: (1) That the pharmacyfor which the registration is sought will be conducted in full compliance withthe law and the rules and regulations of the board; (2) that the location andappointments of the pharmacy are such that it can be operated and maintainedwithout endangering the public health or safety; (3) that the pharmacy will beunder the supervision of a pharmacist, a registration shall be issued to suchpersons as the board shall deem qualified to conduct such a pharmacy.
(b) For any person to manufacture within this state any drugs except underthe personal and immediate supervision of a pharmacist or such other person orpersons as may be approved by the board after an investigation and adetermination by the board that such person or persons is qualified byscientific or technical training or experience to perform such duties ofsupervision as may be necessary to protect the public health and safety; and noperson shall manufacture any such drugs without first obtaining a registrationso to do from the board. Such registration shall be subject to such rules andregulations with respect to requirements, sanitation and equipment, as theboard may from time to time adopt for the protection of public health andsafety.
(c) For any person to distribute at wholesale any drugs without firstobtaining a registration so to do from the board.
(d) For any person to sell or offer for sale at public auction or privatesale in a place where public auctions are conducted, any drugs without firsthaving obtained a registration from the board so to do, and it shall benecessary to obtain the permission of the board in every instance where any ofthe products covered by this section are to be sold or offered for sale.
(e) For any person to in any manner distribute or dispense samples of anydrugs without first having obtained a permit from the board so to do, and itshall be necessary to obtain permission from the board in every instance wherethe samples are to be distributed or dispensed. Nothing in this subsectionshall be held to regulate or in any manner interfere with the furnishing ofsamples of drugs to duly licensed practitioners, to mid-level practitioners, topharmacists or to medical care facilities.
(f) Except as otherwise provided in this subsection (f), for any personoperating a store or place of business to sell, offer for sale or distributeany drugs to the public without first having obtained a registration or permitfrom the board authorizing such person so to do. No retail dealer who sells 12or fewer different nonprescription drug products shall be required to obtain aretail dealer's permit under the pharmacy act of the state of Kansas or to paya retail dealer new permit or permit renewal fee under such act. It shall belawful for a retail dealer who is the holder of a valid retail dealer's permitissued by the board or for a retail dealer who sells 12 or fewer differentnonprescription drug products to sell and distribute nonprescription drugswhich are prepackaged, fully prepared by the manufacturer or distributor foruse by the consumer and labeled in accordance with the requirements of thestate and federal food, drug and cosmetic acts. Such nonprescription drugsshall not include: (1) A controlled substance; (2) a prescription-only drug; or(3) a drug product intended for human use by hypodermic injection; but such aretail dealer shall not be authorized to display any of the words listed insubsection (dd) of K.S.A. 65-1626 and amendments thereto, forthe designation ofa pharmacy or drugstore.
(g) For any person to sell any drugs manufactured and sold only in the stateof Kansas, unless the label and directions on such drugs shall first have beenapproved by the board.
(h) For any person to operate an institutional drug room without first havingobtained a registration to do so from the board. Such registration shall besubject to the provisions of K.S.A. 65-1637a and amendments thereto and anyrules and regulations adopted pursuant thereto.
(i) For any person to be a pharmacy student without first obtaining aregistration to do so from the board, in accordance with rules and regulationsadopted by the board, and paying a pharmacy student registration fee of $25to the board.
(j) For any person to operate a veterinary medical teaching hospital pharmacywithout first having obtained a registration to do so from the board. Suchregistration shall be subject to the provisions of K.S.A. 65-1662 andamendments thereto and any rules and regulations adopted pursuant thereto.
(k) For any person to sell or distribute ina pharmacy a controlled substance designated in subsection (e) or (f) of K.S.A.65-4113, and amendments thereto, unless:
(1) (A) Such controlled substance is sold or distributed by alicensedpharmacist, a registered pharmacy technician or a pharmacy intern or clerksupervised bya licensed pharmacist;
(B) any person purchasing, receiving or otherwise acquiring any suchcontrolled substance produces a photo identification showing the date of birthof the person and signs a log and enters in the log, or allows the seller toenter in the log, such person's address and the date and time of sale. Thelog or databaserequired by the board shall be available for inspection during regularbusiness hours to the board of pharmacy and any law enforcement officer;
(C) the seller determines that the name entered in the log corresponds tothe name provided on such identification and that the date and time entered arecorrect; and
(D) the seller enters in the log the name of the controlled substance and thequantity sold; or
(2) there is a lawful prescription.
(l) For any pharmacy to allow customers to have direct access to anycontrolled substance designated in subsection (e) or (f) of K.S.A. 65-4113, andamendments thereto. Such controlled substance shall be placed behind thecounteror stored in a locked cabinet that is located in an area of the pharmacy towhich customers do not have direct access.
(m) For any person to sell or lease or offer for sale or lease durablemedical equipmentwithout first obtaining a registration from the board, in accordance with rulesand regulations adopted by the board,except that this subsection shall not apply to:
(1) Sales not made in the regular course of the person's business; or
(2) sales by charitable organizations exempt from federal income taxationpursuant to the internal revenue code of 1986, as amended.
(n) A seller who in good faith releases information in alog pursuant tosubsection(k) to any law enforcement officer is immune from civil liability for suchrelease unless the release constitutes gross negligence or intentional, wantonor willful misconduct.
History: L. 1953, ch. 290, § 29;L. 1967, ch. 342, § 3;L. 1975, ch. 319, § 29;L. 1979, ch. 193, § 3;L. 1982, ch. 263, § 7;L. 1983, ch. 210, § 2;L. 1986, ch. 231, § 29;L. 1997, ch. 112, § 3;L. 1997, ch. 184, § 2;L. 1999, ch. 38, § 5;L. 1999, ch. 149, § 8;L. 2000, ch. 89, § 2;L. 2005, ch. 153, § 1;L. 2007, ch. 169, § 11;L. 2009, ch. 143, § 24; July 1.