65-1656. Filling transferred prescriptions; exceptions and conditions; common electronic prescription files authorized; rules and regulations.
65-1656
65-1656. Filling transferred prescriptions;exceptions and conditions;common electronic prescription files authorized; rules andregulations.(a) Nothing contained in the pharmacy act of the state ofKansas shall prohibit a pharmacist licensed in this state from filling orrefilling a valid prescription for prescription drugs not listed in schedule IIof the uniform controlled substances act, which is on file in a pharmacylicensed in any state and has been transferred from one pharmacy to another byany means, including by way of electronic data processing equipment, upon thefollowing conditions and exceptions:
(1) Prior to dispensing pursuant to any such prescription, the dispensingpharmacist shall:
(A) Advise the patient that the prescription file at such other pharmacymust be canceled before the dispensing pharmacist will be able to fill theprescription;
(B) determine that the prescription is valid and on file at such otherpharmacy and that such prescription may be filled or refilled, as requested, inaccordance with the prescriber's intent expressed on such prescription;
(C) notify the pharmacy where the prescription is on file that theprescription must be canceled;
(D) record the prescription order, the name of the pharmacyatwhich the prescription was on file, the prescription number, the name of thedrug and the original amount dispensed, the date of original dispensing and thenumber of remaining authorized refills; and
(E) obtain the consent of the prescriber to the refilling of theprescription when the prescription, in the professional judgment of thedispensing pharmacist, so requires. Any interference with the professionaljudgment of the dispensing pharmacist by any other licensed pharmacist, agentsof the licensed pharmacist or employees shall be grounds for revocation orsuspension of the registration issued to the pharmacy.
(2) Upon receipt of a request for prescription information set forth insubsection (a)(1)(D), if the requested pharmacist is satisfied in theprofessional judgment of the pharmacist that such request is valid and legal,the requested pharmacist shall:
(A) Provide such information accurately and completely;
(B) record on the prescription the name of the requestingpharmacy and pharmacist and the date of request; and
(C) cancel the prescription on file. No further prescription transfershall be given ormedicationdispensed pursuant to such original prescription.
(3) In the event that, after the information set forth in subsection(a)(1)(D) has been provided, a prescription is not dispensed by the requestingpharmacist, then such pharmacist shall provide notice of this fact to thepharmacy from which such information was obtained, such notice shall thencancel the prescription in the same manner as set forth in subsection(a)(2)(C).
(4) When filling or refilling a valid prescription on file in another state,the dispensing pharmacist shall be required to follow all the requirements ofKansas law which apply to the dispensing of prescription drugs. If anything inKansas law prevents the filling or refilling of the original prescription itshall be unlawful to dispense pursuant to this section.
(5) In addition to any other requirement of this section, the transfer oforiginal prescription information for a controlled substance listed inschedules III, IV and V for the purposes of refill dispensing shall be made inaccordance with the requirements of section 1306.25 of chapter 21 of the codeof federal regulations.
(b) Two or more pharmacies may establish and use a common electronic file tomaintain required dispensing information. Pharmacies using such a commonelectronic file are not required to physically transfer prescriptions orinformation for dispensing purposes between or among pharmacies participatingin the same common prescription file, except that any such common file mustcontain complete and adequate records of such prescription and refill dispensedas required by the pharmacy act of the state of Kansas.
(c) The board may formulate such rules and regulations, not inconsistentwith law, as may be necessary to carry out the purposes of and to enforce theprovisions of this section except that the board shall not impose greaterrequirements on either common electronic files or a hard copy record system.
(d) Drugs shall in no event be dispensed more frequently or in largeramounts than the prescriber ordered without direct prescriber authorization byway of a new prescription order.
(e) This section shall be part of and supplemental to the pharmacy act ofthe state of Kansas.
History: L. 1992, ch. 304, § 1;L. 1994, ch. 247, § 1;L. 1998, ch. 86, § 1; Apr. 16.