65-7007. Regulated chemical distributor and retailer; submissions to bureau.
65-7007
65-7007. Regulated chemical distributor andretailer; submissions to bureau.(a) Each regulated chemical distributor and retailer shallsubmit to the bureau:
(1) Any regulated transaction involving an extraordinary quantity of aregulated chemical, an uncommon method of payment or delivery, or any othercircumstance that may indicate that the regulated chemical will be used inviolation of this act.
(2) Any proposed regulated transaction with a person whose description orother identifying characteristic the bureau has previously furnished to theregulated chemical distributor or retailer.
(3) Any unusual or excessive loss or disappearance of a regulated chemicalunder the control of the regulated chemical distributor or retailer. Theregulated person responsible for reporting a loss in-transit is thedistributor.
(b) Each report submitted pursuant to subsection (a), whenever possible shallbe made orally to the bureau at the earliest practicable opportunity after theregulated chemical distributor or retailer becomes aware of the circumstancesinvolved and as much in advance of the conclusion of the transaction aspossible. Written reports of these transactions shall subsequently be filedwithin 15 days after the regulated chemical distributor or retailer becomesaware of the circumstances of the event. A transaction may not be completedwith a person whose description or identifying characteristics have previouslybeen furnished to the regulated distributor by the bureau unless thetransaction is approved by the bureau.
(c) This section shall not apply to any of the following:
(1) Any pharmacist, pharmacy or other authorized person who sells orfurnishes a substance listed in subsection (1) of K.S.A. 65-7003 andamendmentsthereto upon the prescription or order of a practitioner as defined undersubsection (x) of K.S.A. 65-1626 and amendments thereto;
(2) any practitioner as defined under subsection (x) of K.S.A. 65-1626 andamendments thereto who administers, dispenses or furnishes a substance listedin subsection (1) of K.S.A. 65-7003 and amendments thereto to suchpatients withinthe scope of a practitioner's professional practice. Such administration ordispensing shall be in the patient record;
(3) an [any] sale, transfer, furnishing or receipt of any drug whichcontains anysubstance listed in subsection (1) of K.S.A. 65-7003 and amendmentsthereto andwhich is lawfully sold, transferred or furnished over-the-counter without aprescription pursuant to the federal food, drug and cosmetic act or regulationsadopted thereunder; and
(4) a regulated chemical retailer who only sells or distributes regulatedchemicals that are nonprescription, over-the-counter medicines with less thanthree grams of base ingredient in the package in the following manner:
(A) Blister packs of not more than two dosage units per blister;
(B) liquid cold or cough medicines;
(C) liquid cold or cough gel capsules; and
(D) nasal drops or sprays.
History: L. 1999, ch. 170, § 13; July 1.