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 9  AN ACT concerning controlled substances; relating to treatment of obe-
10    sity; amending K.S.A. 65-2837a and repealing the existing section.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  K.S.A. 65-2837a is hereby amended to read as follows: 65-
14  2837a. (a) It shall be unlawful for any person licensed to practice medicine
15  and surgery to prescribe, order, dispense, administer, sell, supply or give
16  any amphetamine or sympathomimetic amine designated in schedule II,
17  III or IV under the uniform controlled substances act, except as provided
18  in this section. Failure to comply with this section shall constitute unpro-
19  fessional conduct under K.S.A. 65-2837 and amendments thereto.
20    (b)  When any licensee prescribes, orders, dispenses, administers,
21  sells, supplies or gives any amphetamine or sympathomimetic amine des-
22  ignated in schedule II, III or IV under the uniform controlled substances
23  act, the patient's medical record shall adequately document and the pre-
24  scription order shall indicate in the licensee's own handwriting, the pur-
25  pose for which the drug is being given. Such purpose shall be restricted
26  to one or more of the following:
27    (1)  The treatment of narcolepsy.
28    (2)  The treatment of drug-induced brain dysfunction.
29    (3)  The treatment of hyperkinesis.
30    (4)  The differential diagnostic psychiatric evaluation of depression.
31    (5)  The treatment of depression shown by adequate medical records
32  and documentation to be unresponsive to other forms of treatment.
33    (6)  The clinical investigation of the effects of such drugs or com-
34  pounds, in which case, before the investigation is begun, the licensee
35  shall, in addition to other requirements of applicable laws, apply for and
36  obtain approval of the investigation from the board of healing arts.
37    (7)  The short-term treatment of obesity with schedule III and IV
38  amphetamines or sympathomimetic amines controlled substances, as may
39  be defined by rules and regulations adopted by the board of healing arts.
40    (8)  The treatment of any other disorder or disease for which such
41  drugs or compounds have been found to be safe and effective by com-
42  petent scientific research which findings have been generally accepted by
43  the scientific community, in which case, before prescribing, ordering,
HB 2288
                                     

 1  dispensing, administering, selling, supplying or giving the drug or com-
 2  pound for a particular condition, the licensee shall obtain a determination
 3  from the board of healing arts that the drug or compound can be used
 4  for that particular condition.
 5    Sec. 2.  K.S.A. 65-2837a is hereby repealed.
 6    Sec. 3.  This act shall take effect and be in force from and after its
 7  publication in the statute book.