Session 2000
Effective: April 20, 2000
SENATE BILL No. 528
An Act concerning chemical control act; relating to practitioners; amending K.S.A. 1999 Supp. 65-7003 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-7003 is hereby amended to read as
follows: 65-7003. As used in K.S.A. 1999 Supp. 65-7001 through 65-7015
and amendments thereto:

      (a) "Act" means the Kansas chemical control act;

      (b) "administer" means the application of a regulated chemical
whether by injection, inhalation, ingestion or any other means, directly
into the body of a patient or research subject, such administration to be
conducted by: (1) A practitioner, or in the practitioner's presence, by such
practitioner's authorized agent; or

      (2) the patient or research subject at the direction and in the presence
of the practitioner;

      (c) "agent or representative" means a person who is authorized to
receive, possess, manufacture or distribute or in any other manner control
or has access to a regulated chemical on behalf of another person;

      (d) "bureau" means the Kansas bureau of investigation;

      (e) "department" means the Kansas department of health and envi-
ronment;

      (f) "director" means the director of the Kansas bureau of investiga-
tion;

      (g) "dispense" means to deliver a regulated chemical to an ultimate
user, patient or research subject by, or pursuant to the lawful order of, a
practitioner, including the prescribing, administering, packaging, labeling
or compounding necessary to prepare the regulated chemical for that
delivery;

      (h) "distribute" means to deliver other than by administering or dis-
pensing a regulated chemical;

      (i) "manufacture" means to produce, prepare, propagate, compound,
convert or process a regulated chemical directly or indirectly, by extrac-
tion from substances of natural origin, chemical synthesis or a combina-
tion of extraction and chemical synthesis, and includes packaging or re-
packaging of the substance or labeling or relabeling of its container. The
term excludes the preparation, compounding, packaging, repackaging, la-
beling or relabeling of a regulated chemical:

      (1) By a practitioner as an incident to the practitioner's administering
or dispensing of a regulated chemical in the course of the practitioner's
professional practice; or

      (2) by a practitioner, or by the practitioner's authorized agent under
the practitioner's supervision, for the purpose of, or as an incident to
research, teaching or chemical analysis and not for sale;

      (j) "person" means individual, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental
subdivision or agency, or any other legal or commercial entity;

      (k) "practitioner" means a person licensed to practice medicine and
surgery, pharmacist, dentist, podiatrist, veterinarian, optometrist licensed
under the optometry laws as a therapeutic licensee or diagnostic and
therapeutic licensee, or scientific investigator or other person authorized
by law to use a controlled substance in teaching or chemical analysis or
to conduct research with respect to a controlled substance;

      (l) "regulated chemical" means a chemical that is used directly or
indirectly to manufacture a controlled substance or other regulated chem-
ical in violation of the state controlled substances act or this act. The fact
that a chemical may be used for a purpose other than the manufacturing
of a controlled substance or regulated chemical does not exempt it from
the provisions of this act. Regulated chemical includes:

      (1) Acetic anhydride (CAS No. 108-24-7);

      (2) benzaldehyde (CAS No. 100-52-7);

      (3) benzyl chloride (CAS No. 100-44-7);

      (4) benzyl cyanide (CAS No. 140-29-4);

      (5) diethylamine and its salts (CAS No. 109-89-7);

      (6) ephedrine, its salts, optical isomers and salts of optical isomers
(CAS No. 299-42-3), except products containing ephedra or ma huang,
which do not contain any chemically synthesized ephedrine alkaloids, and
are lawfully marketed as dietary supplements under federal law;

      (7) hydriodic acid (CAS No. 10034-85-2);

      (8) iodine (CAS No. 7553-56-2);

      (9) lithium (CAS No. 7439-93-2);

      (10) methylamine and its salts (CAS No. 74-89-5);

      (11) nitroethane (CAS No. 79-24-3);

      (12) chloroephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 30572-91-9);

      (13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);

      (14) phenylpropanolamine, its salts, optical isomers, and salts of op-
tical isomers (CAS No. 14838-15-4);

      (15) piperidine and its salts (CAS No. 110-89-4);

      (16) pseudoephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 90-82-4);

      (17) red phosphorous (CAS No. 7723-14-0);

      (18) sodium (CAS No. 7440-23-5); and

      (19) thionylchloride (CAS No. 7719-09-7);

      (m) "regulated chemical distributor" means any person subject to the
provisions of the Kansas chemical control act who manufactures or dis-
tributes a regulated chemical;

      (n) "regulated chemical retailer" means any person who sells regu-
lated chemicals directly to the public;

      (o) "regulated chemical transaction" means the manufacture of a reg-
ulated chemical or the distribution, sale, exchange or other transfer of a
regulated chemical within or into the state or from this state into another
state; and

      (p) "secretary" means the secretary of health and environment.

        Sec.  2. K.S.A. 1999 Supp. 65-7003 is hereby repealed.

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