65-7003. Definitions.
65-7003
65-7003. Definitions.As used in K.S.A. 65-7001 through 65-7015 andamendments thereto:
(a) "Act" means the Kansas chemical control act;
(b) "administer" means the application of aregulated chemical whetherby injection, inhalation, ingestion or any other means, directly into the bodyof a patient orresearch subject, such administration to be conducted by: (1) A practitioner,or in thepractitioner's presence, by such practitioner's authorized agent;or
(2) the patient or research subject at the direction and in the presence ofthe practitioner;
(c) "agent or representative" means a person who is authorized toreceive,possess, manufacture or distribute or in any other manner control or has accessto a regulatedchemical on behalf of another person;
(d) "bureau" means the Kansas bureau of investigation;
(e) "department" means the Kansas department of health and environment;
(f) "director" means the director of the Kansas bureau ofinvestigation;
(g) "dispense" means to deliver a regulated chemical to an ultimate user,patient or research subject by, or pursuant to the lawful order of, apractitioner, including theprescribing, administering, packaging, labeling or compounding necessary toprepare theregulated chemical for that delivery;
(h) "distribute" means to deliver other than by administering ordispensing aregulated chemical;
(i) "manufacture" means to produce, prepare, propagate, compound, convert orprocess a regulated chemical directly or indirectly, by extraction fromsubstances of naturalorigin, chemical synthesis or a combination of extraction and chemicalsynthesis, and includespackaging or repackaging of the substance or labeling or relabeling of itscontainer. The termexcludes the preparation, compounding, packaging, repackaging, labeling orrelabeling of aregulated chemical:
(1) By a practitioner as an incident to the practitioner'sadministering or dispensing of aregulated chemical in the course of the practitioner's professionalpractice; or
(2) by a practitioner, or by the practitioner's authorized agent underthe practitioner'ssupervision, for the purpose of, or as an incident to research, teaching orchemical analysis andnot for sale;
(j) "person" means individual, corporation, business trust, estate,trust,partnership, association, joint venture, government, governmental subdivisionor agency, or anyother legal or commercial entity;
(k) "practitioner" means a person licensed to practicemedicine and surgery, pharmacist, dentist, podiatrist, veterinarian,optometrist licensedunder the optometry laws as a therapeutic licensee or diagnostic andtherapeutic licensee, or scientific investigator or other person authorized bylaw to use a controlled substance in teaching or chemical analysis or toconduct research with respect to a controlled substance;
(l) "regulated chemical" means a chemical that is used directly orindirectly tomanufacture a controlled substance or other regulated chemical, or is usedasa controlled substance analog, in violation ofthe statecontrolled substances act or this act. The fact that a chemical may be used fora purpose otherthan the manufacturing of a controlled substance or regulated chemical does notexempt it fromthe provisions of this act. Regulated chemical includes:
(1) Acetic anhydride (CAS No. 108-24-7);
(2) benzaldehyde (CAS No. 100-52-7);
(3) benzyl chloride (CAS No. 100-44-7);
(4) benzyl cyanide (CAS No. 140-29-4);
(5) diethylamine and its salts (CAS No. 109-89-7);
(6) ephedrine, its salts, optical isomers and salts of optical isomers (CASNo. 299-42-3), except products containing ephedra or ma huang, which do notcontain any chemically synthesized ephedrine alkaloids, and are lawfullymarketed as dietary supplements under federal law;
(7) hydriodic acid (CAS No. 10034-85-2);
(8) iodine (CAS No. 7553-56-2);
(9) lithium (CAS No. 7439-93-2);
(10) methylamine and its salts (CAS No. 74-89-5);
(11) nitroethane (CAS No. 79-24-3);
(12) chloroephedrine, its salts, optical isomers,and salts of opticalisomers (CAS No. 30572-91-9);
(13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);
(14) phenylpropanolamine, its salts, optical isomers, and salts of opticalisomers (CAS No. 14838-15-4);
(15) piperidine and its salts (CAS No. 110-89-4);
(16) pseudoephedrine, its salts, optical isomers, and salts of opticalisomers (CAS No. 90-82-4);
(17) red phosphorous (CAS No. 7723-14-0);
(18) sodium (CAS No. 7440-23-5); and
(19) thionylchloride (CAS No. 7719-09-7);
(20) gamma butyrolactone (GBL), including butyrolactone; butyrolactonegamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone;tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide;gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and4-hydroxybutanoic acid lactone; CAS No. 96-48-0; and
(21) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4-butyleneglycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol;tetramethylene glycol; tetramethylene 1,4-diol; CAS No. 110-63-4;
(m) "regulated chemical distributor" means any person subject to theprovisionsof the Kansas chemical control act who manufactures or distributes a regulatedchemical;
(n) "regulated chemical retailer" means any person who sellsregulatedchemicals directly to the public;
(o) "regulated chemical transaction" means the manufacture of aregulatedchemical or the distribution, sale, exchange or other transfer of a regulatedchemical within or intothe state or from this state into another state; and
(p) "secretary" means the secretary of health and environment.
History: L. 1999, ch. 170, § 9;L. 2000, ch. 69, § 1;L. 2001, ch. 171, § 6; July 1.