65-16,103. Same; no cost charged to pharmacies; funding of program.

65-16,103

Chapter 65.--PUBLIC HEALTH
Article 16.--REGULATION OF PHARMACISTS

      65-16,103.   Same; no cost charged to pharmacies;funding of program.(a) The cost of establishing and maintaining the statewideelectronic loggingsystem shall beborne by the state, other non-state units of government, private entities, orothers. Pharmaciesshall not be required to bear the costs associated with establishing andmaintaining the electroniclogging system, through any additional charges, whether statewide, regional,county-wide or otherwise asprovided in thissection.

      (b)   In the event that funding for a statewide program is not available, theboard mayimplement the program on a non-statewide basis, whether such program is fundedregionally orcounty-wide or otherwise. The board shall, by rules and regulations, prescribethat such regionalor non-statewide program comply with requirements applicable to a statewideprogram, includingthat such non-state governmental units or regional programs may not utilizedifferent vendors.Any requirements of this act shall only be applicable to pharmacies within suchunits ofgovernment or regions, if a regional program is established, and all otherpharmacies in the stateshall be exempt from requirements for the electronic logging system requiredpursuant to this act.

      (c)   If the state, other non-state units of government, private entities orothers are unableto bear the costs of establishing and maintaining the electronic loggingsystem, pharmacieswithin the state, or in the case of regional or other non-statewide programs,pharmacies withinthose program areas shall be relieved of any obligation to comply with thestatewide electroniclogging system program pursuant to this act. Such pharmacies shall still besubject to therequirements of maintaining a log as provided in subsection (k) of K.S.A.65-1643, andamendments thereto.

      (d)   The board shall not impose any additional charges for the establishmentormaintenance of theprogram for the recording of methamphetamine precursors on a pharmacy. Theboard shall notcharge any fees for the transmission of data to the program database or for thereceipt ofinformation from the database.

      (e)   The state board of pharmacy may receive and expend, or supervise theexpenditure of,any donation, gift, grant or bequest made to the board for furthering any phaseof the statewideelectronic logging system program.

      History:   L. 2009, ch. 131, § 3; July 1.