65-16,105. Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report.

65-16,105

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

      65-16,105.   Same; another agency or private vendor ascontractor; maintenance and destruction of records; educational program forpharmacies; annual report.(a) The board is hereby authorized to contract withanother agency of this state or with a private vendor, asnecessary, to ensure the effective implementation and operationof the methamphetamine precursor recording log.The state agency or private vendor selected shall have the technologicalcapability to receiveelectronic log data from pharmacies submitted pursuant to K.S.A. 2009 Supp.65-16,102, andamendments thereto,and to send real time notification to law enforcement officials. Regardless ofthe entity selectedto manage the program, pharmacies are not required to use any one particularvendor's product tocomply with the requirements under K.S.A. 2009 Supp. 65-16,102, and amendmentsthereto. Anyelectronic systemimplemented by the state shall be capable of bridging with existing and futureoperationalsystems used by pharmacies at no cost to such pharmacies.Any contractor shall be bound to comply with theprovisions regarding confidentiality of log information inthis section, and amendments thereto, and shall be subject to thepenalties specified in K.S.A. 2009 Supp. 65-16,107, and amendments thereto, forunlawful acts.

      (b)   All information collected for the program database and any recordsmaintained by theboard, or by any entity contracting with the board, submitted to,maintained or stored as a part of the database, shall be retainedfor five years. Such information and records shall then bedestroyed unless a law enforcement entityhas submitted awritten request to the board for retention of specific informationor records in accordance with procedures adopted by the board.

      (c)   The board shall develop and implement a programto educate pharmacies and pharmacy employees about the programfor the recording of methamphetamine precursors.

      (d)   The board shall review the effectiveness of the programfor the recording of methamphetamine precursors and submit anannual report to the senate standing committee on public healthand welfare and the house standing committee on health and humanservices.

      History:   L. 2009, ch. 131, § 5; July 1.