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10  AN ACT concerning the state board of pharmacy, grounds for disciplinary
11    actions; amending K.S.A. 1996 Supp. 65-1627 and repealing the exist-
12    ing section.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 65-1627 is hereby amended to read as
16  follows: 65-1627. (a) The board may revoke, suspend, place in a proba-
17  tionary status or deny a renewal of any license of any pharmacist upon a
18  finding that:
19    (1)  The license was obtained by fraudulent means;
20    (2)  the licensee has been convicted of a felony and the licensee fails
21  to show that the licensee has been sufficiently rehabilitated to warrant
22  the public trust;
23    (3)  the licensee is found by the board to be guilty of unprofessional
24  conduct or professional incompetency;
25    (4)  the licensee is addicted to the liquor or drug habit to such a degree
26  as to render the licensee unfit to practice the profession of pharmacy;
27    (5)  the licensee has violated a provision of the federal or state food,
28  drug and cosmetic act, the uniform controlled substances act of the state
29  of Kansas, or any rule and regulation adopted under any such act;
30    (6)  the licensee is found by the board to have filled a prescription not
31  in strict accordance with the directions of the practitioner;
32    (7)  the licensee is found to be mentally or physically incapacitated to
33  such a degree as to render the licensee unfit to practice the profession
34  of pharmacy;
35    (8)  the licensee has violated any of the provisions of the pharmacy
36  act of the state of Kansas or any rule and regulation adopted by the board
37  pursuant to the provisions of such pharmacy act;
38    (9)  the licensee has failed to comply with the requirements of the
39  board relating to the continuing education of pharmacists;
40    (10)  the licensee as a pharmacist in charge or consultant pharmacist
41  under the provisions of subsection (c) or (d) of K.S.A. 65-1648 and
42  amendments thereto has failed to comply with the requirements of sub-
43  section (c) or (d) of K.S.A. 65-1648 and amendments thereto;
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 1    (11)  the licensee has knowingly submitted a misleading, deceptive,
 2  untrue or fraudulent misrepresentation on a claim form, bill or statement;
 3    (12)  the licensee has had a license to practice pharmacy revoked,
 4  suspended or limited, has been censured or has had other disciplinary
 5  action taken, or voluntarily surrendered the license after formal proceed-
 6  ings have been commenced or has had an application for license denied,
 7  by the proper licensing authority of another state, territory, District of
 8  Columbia or other country, a certified copy of the record of the action
 9  of the other jurisdiction being conclusive evidence thereof; or
10    (13)  the licensee has self-administered any controlled substance with-
11  out a practitioner's prescription order.
12    (b)  In determining whether or not the licensee has violated subsec-
13  tion (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion
14  of such violation has authority to compel a licensee to submit to mental
15  or physical examination or drug screen, or any combination thereof, by
16  such persons as the board may designate. To determine whether reason-
17  able suspicion of such violation exists, the investigative information shall
18  be presented to the board as a whole. Information submitted to the board
19  as a whole and all reports, findings and other records shall be confidential
20  and not subject to discovery by or release to any person or entity. The
21  licensee shall submit to the board a release of information authorizing
22  the board to obtain a report of such examination or drug screen, or both.
23  A person affected by this subsection shall be offered, at reasonable in-
24  tervals, an opportunity to demonstrate that such person can resume the
25  competent practice of pharmacy with reasonable skill and safety to pa-
26  tients. For the purpose of this subsection, every person licensed to prac-
27  tice pharmacy and who shall accept the privilege to practice pharmacy in
28  this state by so practicing or by the making and filing of an annual renewal
29  to practice pharmacy in this state shall be deemed to have consented to
30  submit to a mental or physical examination or a drug screen, or any com-
31  bination thereof, when directed in writing by the board and further to
32  have waived all objections to the admissibility of the testimony, drug
33  screen or examination report of the person conducting such examination
34  or drug screen, or both, at any proceeding or hearing before the board
35  on the ground that such testimony or examination or drug screen report
36  constitutes a privileged communication. In any proceeding by the board
37  pursuant to the provisions of this subsection, the record of such board
38  proceedings involving the mental and physical examination or drug
39  screen, or any combination thereof, shall not be used in any other ad-
40  ministrative or judicial proceeding.
41    (c)  The board may suspend, revoke, place in a probationary status or
42  deny a renewal of any retail dealer's permit issued by the board when
43  information in possession of the board discloses that such operations for
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 1  which the permit was issued are not being conducted according to law or
 2  the rules and regulations of the board.
 3    (d)  The board may revoke, suspend, place in a probationary status or
 4  deny a renewal of the registration of a pharmacy upon a finding that: (1)
 5  Such pharmacy has been operated in such manner that violations of the
 6  provisions of the pharmacy act of the state of Kansas or of the rules and
 7  regulations of the board have occurred in connection therewith; (2) the
 8  owner or any pharmacist employed at such pharmacy is convicted, sub-
 9  sequent to such owner's acquisition of or such employee's employment
10  at such pharmacy, of a violation of the pharmacy act or uniform controlled
11  substances act of the state of Kansas, or the federal or state food, drug
12  and cosmetic act; or (3) the owner or any pharmacist employed by such
13  pharmacy has fraudulently claimed money for pharmaceutical services;
14  or (4) the registrant has had a registration revoked, suspended or limited,
15  has been censured or placed in a probationary status or has had other
16  disciplinary action taken, or an application for registration denied, by the
17  proper registering authority of another state, territory, District of Colum-
18  bia or other country, a certified copy of the record of the action of the
19  other jurisdiction being conclusive evidence thereof.
20    (e)  A registration to manufacture or to distribute at wholesale a drug
21  or a registration for the place of business where any such operation is
22  conducted may be suspended, revoked, placed in a probationary status
23  or the renewal of such registration may be denied by the board upon a
24  finding that the registrant or the registrant's agent: (1) Has materially
25  falsified any application filed pursuant to or required by the pharmacy
26  act of the state of Kansas; (2) has been convicted of a felony under any
27  federal or state law relating to the manufacture or distribution of drugs;
28    (3) has had any federal registration for the manufacture or distribution of
29  drugs suspended or revoked; (4) has refused to permit the board or its
30  duly authorized agents to inspect the registrant's establishment in accor-
31  dance with the provisions of K.S.A. 65-1629 and amendments thereto;
32    (5) has failed to keep, or has failed to file with the board or has falsified
33  records required to be kept or filed by the provisions of the pharmacy
34  act of the state of Kansas or by the board's rules and regulations; or (6)
35  has violated the pharmacy act of the state of Kansas or rules and regu-
36  lations adopted by the state board of pharmacy under the pharmacy act
37  of the state of Kansas or has violated the uniform controlled substances
38  act or rules and regulations adopted by the state board of pharmacy under
39  the uniform controlled substances act.
40    (f)  Orders under this section, and proceedings thereon, shall be sub-
41  ject to the provisions of the Kansas administrative procedure act.
42    Sec. 2.  K.S.A. 1996 Supp. 65-1627 is hereby repealed.
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 1    Sec. 3.  This act shall take effect and be in force from and after its
 2  publication in the statute book.