65-4116. Registration requirements, exceptions; termination of registration.
65-4116
65-4116. Registration requirements, exceptions; termination of registration.(a) Every person who manufactures, distributes or dispenses anycontrolled substance within this state or who proposes to engage in themanufacture, distribution or dispensing of any controlled substancewithin this state shall obtain annually a registration issued by theboard in accordance with the uniform controlled substances act and withrules and regulations adopted by the board.
(b) Persons registered by the board under this act to manufacture,distribute, dispense or conduct research with controlled substances maypossess, manufacture, distribute, dispense or conduct research withthose substances to the extent authorized by their registration and inconformity with the other provisions of this act.
(c) The following persons need not register and may lawfully possesscontrolled substances under this act, as specified in this subsection:
(1) An agent or employee of anyregistered manufacturer, distributor or dispenser of any controlledsubstance if the agent or employee is acting in the usual course of suchagent or employee's business oremployment;
(2) a common carrier or warehouseman or an employeethereof whose possession of any controlled substance is in the usualcourse of business or employment;
(3) an ultimate user or a person in possession of any controlledsubstance pursuant to a lawful order of a practitioner or a mid-levelpractitioner or in lawfulpossession of a schedule V substance;
(4) persons licensed and registered by the board under theprovisions of the acts contained in article 16 of chapter 65 of the KansasStatutes Annotated,and amendments thereto, to manufacture, dispense or distribute drugs areconsidered to be in compliance with the registration provision of theuniform controlled substances act without additional proceedings beforethe board or the payment of additional fees, except that manufacturersand distributors shall complete and file the application form requiredunder the uniform controlled substances act;
(5) any person licensed by the state board of healing arts under theKansas healing arts act;
(6) any person licensed by the state board of veterinary examiners;
(7) any person licensed by the Kansas dental board;
(8) a mid-level practitioner; and
(9) any person who is a member of the Native AmericanChurch, with respectto use or possession of peyote, whose use or possession of peyote is in,or for use in, bona fide religious ceremonies of the Native American Church,but nothing in this paragraph shall authorize the use or possession of peyotein any place used for the confinement or housing of persons arrested, chargedor convicted of criminal offenses or in the state security hospital.
(d) The board may waive by rules and regulations the requirement forregistration of certain manufacturers, distributors or dispensers ifthe board finds it consistent with the public health and safety, exceptthat licensure of any person by the state board of healing arts to practiceany branch of the healing arts, Kansasdental board or the state board of veterinary examiners shall constitutecompliance with the registration requirements of the uniform controlledsubstances act by such person for such person's place of professionalpractice. Evidence of abuse as determined by the board relating to aperson licensed by the state board of healing arts shall be submitted tothe state board of healing arts and the attorney general within 60 days.The state board of healing arts shall, within 60days, make findings of fact and take such action against such person asit deems necessary. All findings of fact and any action taken shall bereported by the state board of healing arts to the board of pharmacy andthe attorney general. Evidence of abuse as determined by the boardrelating to a person licensed by the state board of veterinary examinersshall be submitted to the state board of veterinary examiners and theattorney general within 60 days. The state board of veterinaryexaminers shall, within 60 days, make findings of fact and takesuch action against such person as it deems necessary. All findings offact and any action taken shall be reported by the state board ofveterinary examiners to the board of pharmacy and the attorney general.Evidence of abuse as determined by the board relating to a dentistlicensed by the Kansas dental board shall be submitted to the Kansasdental board and the attorney general within 60 days. The Kansasdental board shall, within 60 days, make findings of fact andtake such action against such dentist as it deems necessary. Allfindings of fact and any action taken shall be reported by the Kansasdental board to the board of pharmacy and the attorney general.
(e) A separate annual registration is required at each place ofbusiness or professional practice where the applicant manufactures,distributes or dispenses controlled substances.
(f) The board may inspect the establishment of a registrant orapplicant for registration in accordance with the board's rules andregulations.
(g) (1) The registration of any person or location shall terminatewhen such person or authorized representative of a location dies, ceaseslegal existence, discontinues business or professional practice or changesthe location as shown on the certificate of registration. Any registrantwho ceases legal existence, discontinues business or professional practice,or changes location as shown on the certificate of registration, shallnotify the board promptly of such fact and forthwith deliver thecertificate of registration directly to the secretary or executivesecretary of the board. In the event of a change in name or mailingaddress the person or authorized representative of the location shallnotify the board promptly in advance of the effective date of this changeby filing the change of name or mailing address with the board. Thischange shall be noted on the original application on file with the board.
(2) No registration or any authority conferred thereby shall beassigned or otherwise transferred except upon such conditions as the boardmay specifically designate and then only pursuant to the written consent of theboard.
History: L. 1972, ch. 234, § 16; L. 1973, ch. 258, § 1;L.1974, ch. 259, § 1; L. 1981, ch. 253, § 1;L. 1987, ch. 244, § 3; L. 1999, ch. 87, § 4;L. 1999, ch. 149, § 9;L. 2003, ch. 124, § 10; July 1.