65-1663. Registration of pharmacy technicians; applications; registration fee; qualifications for registration; expiration and renewal of registration; grounds for denial of application or registratio
65-1663
65-1663. Registration of pharmacy technicians;applications; registration fee; qualifications for registration; expiration andrenewal of registration; grounds for denial of application or registration;revocation, suspension or limitation of registration; responsibilities ofpharmacists and pharmacies; rules and regulations.(a) It shall be unlawful for any person to function as apharmacy technician in this state unless such person is registered with theboard as a pharmacy technician.Every person registered as a pharmacytechnician shall pass an examination approved by theboard within 30 days of becoming registered. The board shall adopt rulesand regulationsestablishing the criteria for the required examination and a passing score.
(b) All applications for registration shall be made on a form to beprescribed and furnished by the board. Each application for registration shallbe accompanied by a registration fee fixed by the board by rule and regulationof not to exceed $50.
(c) The board shall take into consideration any felony conviction of anapplicant, but such conviction shall not automatically operate as a bar toregistration.
(d) Each pharmacy technician registration issued by the board shallexpire onOctober 31 of the year specified by the board. Each applicant for renewal of apharmacy technician registration shall be made on a form prescribed andfurnished by the board and shall be accompanied by a renewal fee fixed by theboard by rule and regulation of not to exceed $25. Except as otherwise providedin this subsection, the application for registration renewal, when accompaniedby the renewal fee and received by the executive secretary of the board on orbefore the date of expiration of the registration, shall have the effect oftemporarily renewing the applicant's registration until actual issuance ordenial of the renewal registration. If at the time of filing a proceeding ispending before the board which may result in the suspension, probation,revocation or denial of the applicant's registration, the board may byemergency order declare that the application for renewal shall not have theeffect of temporarily renewing such applicant's registration. If the renewalfee is not paid by December 1 of the renewal year, the registration is void.
(e) (1) The board may limit, suspend or revoke aregistration ordeny an application for issuance or renewal of anyregistration as a pharmacy technician on any ground, which would authorize theboard to take action against the license of a pharmacist under K.S.A. 65-1627,and amendments thereto.
(2) The board may require a physical or mental examination, or both, of aperson applying for or registered as a pharmacy technician.
(3) The board may temporarily suspend or temporarily limit the registrationof any pharmacy technician in accordance with the emergency adjudicativeproceedings under the Kansas administrative procedure act if the boarddetermines that there is cause to believe that grounds exist for disciplinaryaction under this section against the registrant and that the registrant'scontinuation of pharmacy technician functions would constitute an imminentdanger to the public health and safety.
(4) Proceedings under this section shall be subject to the Kansasadministrative procedure act.
(f) Every registered pharmacy technician, within 30 days ofobtaining newemployment, shall furnish the board's executive secretary notice of the nameand address of the new employer.
(g) Each pharmacy shall at all times maintain a list of thenames of pharmacytechnicians employed by the pharmacy. A pharmacy technician shall workunder the direct supervision and control of a pharmacist. It shall be theresponsibility of the supervising pharmacist to determine that the pharmacytechnician is in compliance with the applicable rules and regulations of theboard, and the supervising pharmacist shall be responsible for the acts andomissions of the pharmacy technician in the performance of the pharmacytechnician's duties. The ratio of pharmacy technicians to pharmacists in theprescription area of a pharmacy shall beprescribed by the board by rule and regulation.Any change in the ratio of pharmacytechniciansto pharmacists in the prescription area of the pharmacy must be adopted by avote of no less than six members of the board.
(h) A person holding a pharmacy technician registration shall display suchregistration in that part of the place of business in which such person isengaged in pharmacy technician activities.
(i) The board shall adopt such rules and regulations as arenecessary toensure that pharmacy technicians are adequately trained as to the nature andscope of their lawful duties.
(j) The board may adopt rules and regulations as may benecessary to carryout the purposes and enforce the provisions of this act.
(k) This section shall be part of and supplemental to thepharmacy act of thestate of Kansas.
History: L. 2003, ch. 85, § 1;L. 2005, ch. 66, § 1;L. 2006, ch. 40, § 1;L. 2009, ch. 131, § 11; July 1.