SENATE BILL No. 484 An Act concerning the practice of pharmacy; filling transferred prescriptions; amending K.S.A. 1997 Supp. 65-1656 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 65-1656 is hereby amended to read as
follows: 65-1656. (a) Nothing contained in the pharmacy act of the state
of Kansas shall prohibit a pharmacist licensed in this state from filling or
refilling a valid prescription for prescription drugs not listed in schedule
II of the uniform controlled substances act, which is on file in a pharmacy
licensed in any state and has been transferred from one pharmacy to
another by any means, including by way of electronic data processing
equipment, upon the following conditions and exceptions:

    (1) Prior to dispensing pursuant to any such prescription, the dis-
pensing pharmacist shall:

    (A) Advise the patient that the prescription file at such other phar-
macy must be canceled before the dispensing pharmacist will be able to
fill the prescription;

    (B) determine that the prescription is valid and on file at such other
pharmacy and that such prescription may be filled or refilled, as re-
quested, in accordance with the prescriber's intent expressed on such
prescription;

    (C) notify the pharmacy where the prescription is on file that the
prescription must be canceled;

    (D) record in writing the prescription order, the name of the phar-
macy at which the prescription was on file, the prescription number, the
name of the drug and the original amount dispensed, the date of original
dispensing and the number of remaining authorized refills; and

    (E) obtain the consent of the prescriber to the refilling of the pre-
scription when the prescription, in the professional judgment of the dis-
pensing pharmacist, so requires. Any interference with the professional
judgment of the dispensing pharmacist by any other licensed pharmacist,
agents of the licensed pharmacist or employees shall be grounds for rev-
ocation or suspension of the registration issued to the pharmacy.

    (2) Upon receipt of a request for prescription information set forth
in subsection (a)(1)(D), if the requested pharmacist is satisfied in the
professional judgment of the pharmacist that such request is valid and
legal, the requested pharmacist shall:

    (A) Provide such information accurately and completely;

    (B) record on the prescription the name of the requesting pharmacy
and pharmacist and the date of request; and

    (C) cancel the prescription on file by writing the word ``void'' on its
face. No further prescription transfer information shall be given or med-
ication dispensed pursuant to such original prescription.

    (3) In the event that, after the information set forth in subsection
(a)(1)(D) has been provided, a prescription is not dispensed by the re-
questing pharmacist, then such pharmacist shall provide notice of this
fact to the pharmacy from which such information was obtained, such
notice shall then cancel the prescription in the same manner as set forth
in subsection (a)(2)(C).

    (4) When filling or refilling a valid prescription on file in another
state, the dispensing pharmacist shall be required to follow all the require-
ments of Kansas law which apply to the dispensing of prescription drugs.
If anything in Kansas law prevents the filling or refilling of the original
prescription it shall be unlawful to dispense pursuant to this section.

    (5) In addition to any other requirement of this section, the transfer
of original prescription information for a controlled substance listed in
schedules III, IV and V for the purposes of refill dispensing shall be made
in accordance with the requirements of section 1306.25 of chapter 21 of
the code of federal regulations.

    (b) Two or more pharmacies may establish and use a common elec-
tronic file to maintain required dispensing information. Pharmacies using
such a common electronic file are not required to physically transfer pre-
scriptions or information for dispensing purposes between or among
pharmacies participating in the same common prescription file, except
that any such common file must contain complete and adequate records
of such prescription and refill dispensed as required by the pharmacy act
of the state of Kansas.

    (c) The board may formulate such rules and regulations, not incon-
sistent with law, as may be necessary to carry out the purposes of and to
enforce the provisions of this section except that the board shall not im-
pose greater requirements on either common electronic files or a hard
copy record system.

    (d) Drugs shall in no event be dispensed more frequently or in larger
amounts than the prescriber ordered without direct prescriber authori-
zation by way of a new prescription order.

    (e) This section shall be part of and supplemental to the pharmacy
act of the state of Kansas.

    Sec. 2. K.S.A. 1997 Supp. 65-1656 is hereby repealed.

    Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certifiy that the above Bill originated in the
Senate, and passed that body

__________________________________

__________________________________

President of the Senate.

__________________________________

Secretary of the Senate.

Passed the House __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Approved__________________________________

__________________________________

Governor.