SENATE BILL No. 507

      An Act concerning the state board of pharmacy; relating to grounds for disciplinary actions;
      concerning civil fines; licensure; amending K.S.A. 65-1627f, 65-1631, 65-1632 and 65-
      1645 and K.S.A. 1997 Supp. 65-1627 and 65-1658 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 65-1627 is hereby amended to read as
follows: 65-1627. (a) The board may revoke, suspend, place in a proba-
tionary status or deny a renewal of any license of any pharmacist upon a
finding that:

    (1) The license was obtained by fraudulent means;

    (2) the licensee has been convicted of a felony and the licensee fails
to show that the licensee has been sufficiently rehabilitated to warrant
the public trust;

    (3) the licensee is found by the board to be guilty of unprofessional
conduct or professional incompetency;

    (4) the licensee is addicted to the liquor or drug habit to such a degree
as to render the licensee unfit to practice the profession of pharmacy;

    (5) the licensee has violated a provision of the federal or state food,
drug and cosmetic act, the uniform controlled substances act of the state
of Kansas, or any rule and regulation adopted under any such act;

    (6) the licensee is found by the board to have filled a prescription not
in strict accordance with the directions of the practitioner;

    (7) the licensee is found to be mentally or physically incapacitated to
such a degree as to render the licensee unfit to practice the profession
of pharmacy;

    (8) the licensee has violated any of the provisions of the pharmacy
act of the state of Kansas or any rule and regulation adopted by the board
pursuant to the provisions of such pharmacy act;

    (9) the licensee has failed to comply with the requirements of the
board relating to the continuing education of pharmacists;

    (10) the licensee as a pharmacist in charge or consultant pharmacist
under the provisions of subsection (c) or (d) of K.S.A. 65-1648 and
amendments thereto has failed to comply with the requirements of sub-
section (c) or (d) of K.S.A. 65-1648 and amendments thereto;

    (11) the licensee has knowingly submitted a misleading, deceptive,
untrue or fraudulent misrepresentation on a claim form, bill or statement;

    (12) the licensee has had a license to practice pharmacy revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or voluntarily surrendered the license after formal proceed-
ings have been commenced, or has had an application for license denied,
by the proper licensing authority of another state, territory, District of
Columbia or other country, a certified copy of the record of the action
of the other jurisdiction being conclusive evidence thereof; or

    (13) the licensee has self-administered any controlled substance with-
out a practitioner's prescription order.

    (b) In determining whether or not the licensee has violated subsec-
tion (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion
of such violation has authority to compel a licensee to submit to mental
or physical examination or drug screen, or any combination thereof, by
such persons as the board may designate. To determine whether reason-
able suspicion of such violation exists, the investigative information shall
be presented to the board as a whole. Information submitted to the board
as a whole and all reports, findings and other records shall be confidential
and not subject to discovery by or release to any person or entity. The
licensee shall submit to the board a release of information authorizing
the board to obtain a report of such examination or drug screen, or both.
A person affected by this subsection shall be offered, at reasonable in-
tervals, an opportunity to demonstrate that such person can resume the
competent practice of pharmacy with reasonable skill and safety to pa-
tients. For the purpose of this subsection, every person licensed to prac-
tice pharmacy and who shall accept the privilege to practice pharmacy in
this state by so practicing or by the making and filing of an annual a
renewal application to practice pharmacy in this state shall be deemed to
have consented to submit to a mental or physical examination or a drug
screen, or any combination thereof, when directed in writing by the board
and further to have waived all objections to the admissibility of the tes-
timony, drug screen or examination report of the person conducting such
examination or drug screen, or both, at any proceeding or hearing before
the board on the ground that such testimony or examination or drug
screen report constitutes a privileged communication. In any proceeding
by the board pursuant to the provisions of this subsection, the record of
such board proceedings involving the mental and physical examination or
drug screen, or any combination thereof, shall not be used in any other
administrative or judicial proceeding.

    (c) The board may suspend, revoke, place in a probationary status or
deny a renewal of any retail dealer's permit issued by the board when
information in possession of the board discloses that such operations for
which the permit was issued are not being conducted according to law or
the rules and regulations of the board.

    (d) The board may revoke, suspend, place in a probationary status or
deny a renewal of the registration of a pharmacy upon a finding that: (1)
Such pharmacy has been operated in such manner that violations of the
provisions of the pharmacy act of the state of Kansas or of the rules and
regulations of the board have occurred in connection therewith; (2) the
owner or any pharmacist employed at such pharmacy is convicted, sub-
sequent to such owner's acquisition of or such employee's employment
at such pharmacy, of a violation of the pharmacy act or uniform controlled
substances act of the state of Kansas, or the federal or state food, drug
and cosmetic act; or (3) the owner or any pharmacist employed by such
pharmacy has fraudulently claimed money for pharmaceutical services;
or (4) the registrant has had a registration revoked, suspended or limited,
has been censured or has had other disciplinary action taken, or an ap-
plication for registration denied, by the proper registering authority of
another state, territory, District of Columbia or other country, a certified
copy of the record of the action of the other jurisdiction being conclusive
evidence thereof.

    (e) A registration to manufacture or to distribute at wholesale a drug
or a registration for the place of business where any such operation is
conducted may be suspended, revoked, placed in a probationary status
or the renewal of such registration may be denied by the board upon a
finding that the registrant or the registrant's agent: (1) Has materially
falsified any application filed pursuant to or required by the pharmacy
act of the state of Kansas; (2) has been convicted of a felony under any
federal or state law relating to the manufacture or distribution of drugs;
(3) has had any federal registration for the manufacture or distribution of
drugs suspended or revoked; (4) has refused to permit the board or its
duly authorized agents to inspect the registrant's establishment in ac-
cordance with the provisions of K.S.A. 65-1629 and amendments thereto;
(5) has failed to keep, or has failed to file with the board or has falsified
records required to be kept or filed by the provisions of the pharmacy
act of the state of Kansas or by the board's rules and regulations; or (6)
has violated the pharmacy act of the state of Kansas or rules and regu-
lations adopted by the state board of pharmacy under the pharmacy act
of the state of Kansas or has violated the uniform controlled substances
act or rules and regulations adopted by the state board of pharmacy under
the uniform controlled substances act.

    (f) Orders under this section, and proceedings thereon, shall be sub-
ject to the provisions of the Kansas administrative procedure act.

    Sec. 2. K.S.A 65-1627f is hereby amended to read as follows: 65-
1627f. (a) Depositions may be used by either party. Upon the completion
of any hearing held hereunder, the board shall have the power to enter
an order of revocation, suspension, probation or denial of the renewal of
a license, registration or permit. The license, registrant or permit holder
shall not engage in the activity authorized by such license, registration or
permit after a license, registration or permit is revoked or the renewal
thereof denied or during the time for which it is suspended. If a license,
registration or permit is suspended or placed on probation, the suspension
or probation shall be for a definite period of time to be fixed by the board,
and the license, registration or permit shall be reinstated and any limi-
tations or conditions thereon removed upon the expiration of such period
if all annual renewal fees have been paid. If such license, registration or
permit is revoked, such revocation shall be for all time, except that at any
time after the expiration of one year, application may be made for rein-
statement of any license, registrant or permit holder whose license, reg-
istration or permit shall have been revoked, and such application shall be
addressed to the executive secretary of the board. Such application shall
be processed in accordance with the provisions of the Kansas administra-
tive procedure act.

    (b) All final orders entered in any proceeding shall be the action of
the board with a quorum present at such meeting.

    Sec. 3. K.S.A. 65-1631 is hereby amended to read as follows: 65-
1631. (a) It shall be unlawful for any person to practice as a pharmacist
in this state unless such person is licensed by the board as a pharmacist.
Except as otherwise provided in subsection (d), every applicant for licen-
sure as a pharmacist shall be at least 18 years of age, shall be a graduate
of a school or college of pharmacy or department of a university recog-
nized and approved by the board, shall file proof satisfactory to the board,
substantiated by proper affidavits, of a minimum of one year of phar-
maceutical experience, acceptable to the board, under the supervision of
a preceptor and shall pass an examination administered by the board.
Pharmaceutical experience as required in this section shall be under the
supervision of a preceptor and shall be predominantly related to the dis-
pensing of prescription medication, compounding prescriptions, prepar-
ing pharmaceutical preparations and keeping records and making reports
required under state and federal statutes. A school or college of pharmacy
or department of a university recognized and approved by the board un-
der this subsection (a) shall have a standard of education not below that
of the university of Kansas school of pharmacy. The board shall adopt
rules and regulations establishing the criteria which a school or college
of pharmacy or department of a university shall satisfy in meeting the
standard of education established under this subsection (a).

    (b) All applications for examinations shall be made on a form to be
prescribed and furnished by the board and shall be filed with the board
at least 30 days before examinations are to be held. Each application must
be accompanied by an examination fee fixed by the board as provided in
K.S.A. 65-1645 and amendments thereto unless the board requires the
examination fees be paid directly to an examination service as provided
in K.S.A. 65-1645 and amendments thereto. The examination fee estab-
lished by this section immediately prior to the effective date of this act
shall continue in effect until a different examination fee is fixed by the
board by rules and regulations as provided in K.S.A. 65-1645 and amend-
ments thereto.

    (c) The board is authorized to adopt rules and regulations relating to
the grades which an applicant must receive in order to pass the exami-
nation.

    (d) Notwithstanding the preceding provisions of this section, the
board may in its discretion license as a pharmacist, without examination,
any person who is duly registered or licensed by examination in some
other state, except that the board may require that such person take the
law examination administered by the board. Such person shall file proof
satisfactory to the board of having the education and training required of
applicants for licensure under the provisions of the pharmacy act of this
state. Persons who are registered or licensed as pharmacists by exami-
nation in other states shall be required to satisfy only the requirements
which existed in this state at the time they become registered or licensed
in such other states. The provisions of this subsection shall apply only if
the state in which the person is registered or licensed grants, under like
conditions, reciprocal registrations or licenses as pharmacists, without ex-
amination, to pharmacists duly licensed by examination in this state. Re-
ciprocal licensure shall not be denied to any applicant otherwise qualified
for reciprocal licensure under this section who has met the internship
requirements of the state from which the applicant is reciprocating or
who has at least one year of practice as a licensed pharmacist. A reciprocal
licensure may be denied for any of the reasons set forth in subsections
(a)(1) through (a)(13) of K.S.A. 65-1627 and amendments thereto.

    (e) In the event that an applicant for reciprocal licensure has not been
subject to laws requiring continuing education as a condition for renewal
of a registration or license, such applicant shall be required to satisfy the
board through a competency examination that the applicant has the
knowledge and ability to meet Kansas standards for licensure as a phar-
macist.

    (f) No applicant who has taken the examination for licensure given
by the board and has failed to complete it successfully shall be considered
for licensure by reciprocity within one year from the date such applicant
sat for the examination.

    (g) All applicants for reciprocal licensure shall file their applications
on a form to be prescribed and furnished by the board and such appli-
cation shall be accompanied by a reciprocal licensure fee fixed by the
board as provided in K.S.A. 65-1645 and amendments thereto. The re-
ciprocal licensure fee established by this section immediately prior to the
effective date of this act shall continue in effect until a different reciprocal
licensure fee is fixed by the board by rules and regulations as provided
in K.S.A. 65-1645 and amendments thereto.

    (h) The board shall take into consideration any felony conviction of
such person, but such conviction shall not automatically operate as a bar
to licensure.

    (i) All applicants for licensure who graduate from a school or college
of pharmacy outside the United States or who graduate from a school or
college of pharmacy not approved by the board shall submit information
to the board, as specified by rules and regulations, and this information
shall be accompanied by an evaluation fee fixed by the board as provided
in K.S.A. 65-1645 and amendments thereto, which evaluation fee shall
be in addition to any other fee paid by the applicant under the pharmacy
act of the state of Kansas. The evaluation fee fixed by the board under
this section immediately prior to the effective date of this act shall con-
tinue in effect until a different evaluation fee is fixed by the board by
rules and regulations as provided in K.S.A. 65-1645 and amendments
thereto. The board may contract with investigative agencies, commissions
or consultants to assist the board in obtaining information about such
schools or colleges of pharmacy. In entering such contracts the authority
to approve schools or colleges of pharmacy shall remain solely with the
board.

    (j) All applicants for licensure who graduate from a school or college
of pharmacy outside the United States or who are not citizens of the
United States shall provide proof to the board that the applicant has a
reasonable ability to communicate with the general public in English. The
board may require such applicant to take the test of English as a foreign
language and to attain the grade for passing such test as established by
the board by rules and regulations.

    (k) Every registered pharmacist holding a valid registration as a phar-
macist in effect on the day preceding the effective date of this act shall
be deemed to be a licensed pharmacist under this act, and such person
shall not be required to file an original application hereunder for a license.

    Sec. 4. K.S.A. 65-1632 is hereby amended to read as follows: 65-
1632. (a) Each license of to practice as a pharmacist issued by the board
shall expire on June 30 following the date of issuance, shall expire on June
30 of the year specified by the board for the expiration of the license and
shall be renewed on a biennial basis in accordance with this section. Each
application for renewal of a license as a pharmacist shall be made on a
form prescribed and furnished by the board. Except as otherwise pro-
vided in this subsection, the application, when accompanied by the re-
newal fee and received by the executive secretary of the board on or
before the date of expiration of the license, shall have the effect of tem-
porarily renewing the applicant's license until actual issuance or denial of
the renewal. If at the time of filing a proceeding is pending before the
board which may result in the suspension, probation, revocation or denial
of the applicant's license, the board may by emergency order declare that
the application for renewal shall not have the effect of temporarily re-
newing such applicant's license. Every licensed pharmacist shall pay to
the secretary of the board annually a renewal fee fixed by the board as
provided in K.S.A. 65-1645 and amendments thereto. The renewal fee
fixed by the board under this section immediately prior to the effective
date of the act of which this section is amendatory shall continue in effect
until a different renewal fee is fixed by the board by rules and regulations
as provided in K.S.A. 65-1645 and amendments thereto.

    (b) Commencing with the renewal of licenses which expire on June
30, 1998, each license shall be renewed on a biennial basis. To provide
for a system of biennial renewal of licenses, the board may provide by
rules and regulations that licenses issued or renewed may expire less than
two years from the date of issuance or renewal.

    (c) The board may deny renewal of any license of a pharmacist on
any ground which would authorize the board to deny an initial application
for licensure or on any ground which would authorize the board to sus-
pend, revoke or place on probation a license previously granted. Orders
under this section, and proceedings thereon, shall be subject to the pro-
visions of the Kansas administrative procedure act.

    (d) The payment of the renewal fee by a person who is a holder of a
license as a pharmacist shall entitle the person to renewal of license if no
grounds exist for denying the renewal of the license and if the person has
furnished satisfactory evidence to the board that the person has success-
fully complied with the rules and regulations of the board relating to
continuing professional education. These educational requirements shall
be fixed by the board at not less than 10 20 clock hours nor more than
20 40 clock hours annually biennially of a program of continuing educa-
tion approved by the board. Continuing education hours may be prorated
for licensure periods which are less than biennial in accordance with rules
and regulations of the board. The maximum number of continuing edu-
cation hours required by the board to meet the requirements for cancel-
lation of inactive status licensure and renewal of license under subsection
(d) (e) or reinstatement of license because of nonpayment of fees under
subsection (e) (f) shall not exceed 30 60.

    (d) (e) The payment of the renewal fee by the person who is a holder
of a license as a pharmacist but who has not complied with the continuing
education requirements fixed by the board, if no grounds exist for denying
the renewal of the license other than that the person has not complied
with the continuing education requirements fixed by the board, shall en-
title the person to inactive status licensure by the board. No person hold-
ing an inactive status license from the board shall engage in the practice
of pharmacy in this state. Upon furnishing satisfactory evidence to the
board of compliance with the continuing education requirements fixed
by the board and upon the payment to the board of all applicable fees, a
person holding an inactive status license from the board shall be entitled
to cancellation of the inactive status license and to renewal of licensure
as a pharmacist.

    (e) (f) If the renewal fee for any pharmacist's license has not been
paid by August 1 of any the renewal year, the license is hereby declared
void, and no license shall be reinstated except upon payment of any un-
paid renewal fee plus a penalty fee fixed by the board as provided in
K.S.A. 65-1645 and amendments thereto and proof satisfactory to the
board of compliance with the continuing education requirements fixed
by the board. The penalty fee established by this section immediately
prior to the effective date of the act shall continue in effect until a dif-
ferent penalty fee is fixed by the board by rules and regulations as pro-
vided in K.S.A. 65-1645 and amendments thereto. Payment of any unpaid
renewal fee plus a penalty fee and the submission of proof satisfactory to
the board of compliance with the continuing education requirements
fixed by the board shall entitle the license to be reinstated. The nonpay-
ment of renewal fees by a previously licensed pharmacist for a period
exceeding three years shall not deprive the previously licensed pharmacist
of the right to reinstate the license upon the payment of any unpaid fees
and penalties and upon compliance with the continuing education
requirements fixed by the board, except that the board may require such
previously licensed pharmacist to take and pass an examination approved
by the board for reinstatement as a pharmacist and to pay any applicable
examination fee.

    Sec. 5. K.S.A. 65-1645 is hereby amended to read as follows: 65-
1645. (a) Application for registrations or permits under K.S.A. 65-1643
and amendments thereto shall be made on a form prescribed and fur-
nished by the board. Applications for registration to distribute at whole-
sale any drugs shall contain such information as may be required by the
board in accordance with the provisions of K.S.A. 65-1655 and amend-
ments thereto. The application shall be accompanied by the fee pre-
scribed by the board under the provisions of this section. When such
application and fees are received by the executive secretary of the board
on or before the due date, such application shall have the effect of tem-
porarily renewing the applicant's registration or permit until actual issu-
ance or denial of the renewal. However, if at the time of filing a pro-
ceeding is pending before the board which may result in the suspension,
probation, revocation or denial of the applicant's registration or permit,
the board may declare, by emergency order, that such application for
renewal shall not have the effect of temporarily renewing such applicant's
registration or permit. Separate applications shall be made and separate
registrations or permits issued for each separate place at which is carried
on any of the operations for which a registration or permit is required by
K.S.A. 65-1643 and amendments thereto except that the board may pro-
vide for a single registration for a business entity registered to manufac-
ture any drugs or registered to distribute at wholesale any drugs and
operating more than one facility within the state, or for a parent entity
with divisions, subsidiaries or affiliate companies, or any combination
thereof, within the state when operations are conducted at more than one
location and there exists joint ownership and control among all the enti-
ties.

    (b) The fees required for the issuing of the licenses, registrations or
permits required by K.S.A. 65-1643 and amendments thereto under the
pharmacy act of the state of Kansas shall be fixed by the board as herein
provided, subject to the following:

    (1) Pharmacy, new registration not more than $150, renewal not
more than $125;

    (2) pharmacist, examination fee not more than $350;

    (3) pharmacist, examination fee for previously licensed pharmacist
not more than $250;

    (4) pharmacist, biennial renewal fee not more than $100 $200;

    (5) pharmacist, evaluation fee not more than $250;

    (6) pharmacist, reciprocal licensure fee not more than $250;

    (7) pharmacist, penalty fee, not more than $250 $500;

    (8) manufacturer, new registration not more than $500, renewal not
more than $400;

    (9) wholesaler, new registration not more than $500, renewal not
more than $400, except that a wholesaler dealing exclusively in nonpres-
cription drugs, the manufacturing, distributing or dispensing of which
does not require registration under the uniform controlled substances act,
shall be assessed a fee for registration and reregistration not to exceed
$50;

    (10) special auction not more than $50;

    (11) samples distribution not more than $50;

    (12) institutional drug room, new registration not more than $40, re-
newal not more than $35;

    (13) retail dealer selling more than 12 different nonprescription drug
products, new permit not more than $12, renewal not more than $12; or

    (14) certification of grades for each applicant for examination and
registration not more than $25.

    (c) For the purpose of fixing fees, the board may establish classes of
retail dealers' permits for retail dealers selling more than 12 different
nonprescription drug products, and the board may fix a different fee for
each such class of permit.

    (d) The board shall determine annually the amount necessary to carry
out and enforce the provisions of this act for the next ensuing fiscal year
and shall fix by rules and regulations the fees authorized for such year at
the sum deemed necessary for such purposes. The fees fixed by the board
under this section immediately prior to the effective date of this act shall
continue in effect until different fees are fixed by the board by rules and
regulations as provided under this section.

    (e) The board may deny renewal of any registration or permit re-
quired by K.S.A. 65-1643 and amendments thereto on any ground which
would authorize the board to suspend, revoke or place on probation a
registration or permit previously granted pursuant to the provisions of
K.S.A. 65-1643 and amendments thereto. Registrations and permits is-
sued under the provisions of K.S.A. 65-1643 and 65-1644 and amend-
ments thereto shall be conspicuously displayed in the place for which the
registration or permit was granted. Such registrations or permits shall not
be transferable. All such registrations and permits except retail dealer
permits shall expire on June 30 following date of issuance. Retail dealers'
permits shall expire on the last day of February. All registrations and
permits shall be renewed annually. Application blanks for renewal of reg-
istrations and permits shall be mailed by the board to each registrant or
permittee at least 30 days prior to expiration of the registration or permit.
If application for renewal is not made before 30 days after such expiration,
the existing registration or permit shall lapse and become null and void
on the date of its expiration, and no new registration or permit shall be
granted except upon payment of the required renewal fee plus a penalty
equal to the renewal fee. Failure of any registrant or permittee to receive
such application blank shall not relieve the registrant or permittee from
the penalty hereby imposed if the renewal is not made as prescribed.

    (f) In each case in which a license of a pharmacist is issued or renewed
for a period of time less than two years, the board shall prorate to the
nearest whole month the license or renewal fee established pursuant to
K.S.A. 65-1645 and amendments thereto.

    (g) The board may require that fees paid for any examination under
the pharmacy act of the state of Kansas be paid directly to the examination
service by the person taking the examination.

    Sec. 6. K.S.A. 1997 Supp. 65-1658 is hereby amended to read as
follows: 65-1658. The state board of pharmacy, in addition to any other
penalty prescribed under the pharmacy act of the state of Kansas, may
assess a civil fine, after notice and an opportunity to be heard in accord-
ance with the Kansas administrative procedure act, against any licensee
or registrant under subsections (a), (c), (d) and (e) of K.S.A. 65-1627 and
amendments thereto for violation of the pharmacy act of the state of
Kansas or rules and regulations of the state board of pharmacy adopted
under the pharmacy act of the state of Kansas or for violation of the
uniform controlled substances act or rules and regulations of the state
board of pharmacy adopted under the uniform controlled substances act,
in an amount not to exceed $500 $5,000 for each violation. All fines as-
sessed and collected under this section shall be remitted to the state
treasurer. Upon receipt thereof, the state treasurer shall deposit the en-
tire amount in the state treasury and credit such amount to the state
general fund.

    Sec. 7. K.S.A. 65-1627f, 65-1631, 65-1632 and 65-1645 and K.S.A.
1997 Supp. 65-1627 and 65-1658 are hereby repealed.

    Sec. 8. 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

__________________________________

Senate concurred in
House amendments__________________________

__________________________________

President of the Senate.

__________________________________

Secretary of the Senate.

Passed the House
as amended __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Approved __________________________

__________________________________

Governor.